Terms of Service

Effective/Updated as of February 1, 2021

These Terms of Use (the “Terms”) are the terms and conditions that govern your use of and access to the Durham Staffing, Inc. (“Durham Staffing”) website (the “Site”). The Terms constitute a legally binding contract between you and Durham Staffing. These Terms should be read in connection the Durham Staffing Privacy Policy, (the “Policy”), which describes how Durham Staffing may use and disclose personal information about applicants and users of our Site. You should Review these Terms carefully, as your access to and use of the site constitutes your acceptance and consent to be bound by these Terms and the Policy.

We reserve the right to change the Terms from time to time. We will notify you of such changes by reasonable means, including by posting revised Terms through the Site. The “Last Updated” legend above indicates when these Terms were last changed. In the event of a conflict between these Terms and/or Policy, and any other applicable terms or agreement fully executed by you and Durham Staffing (“Other Terms”), the Other Terms will control.

Eligibility
By using the Site, you affirm that you are of legal age to enter into these Terms. If you are accessing or using this Site on behalf of an entity with which you are associated (an “Organization”), you are agreeing to these Terms on behalf of yourself and your Organization, and you are representing and warranting that you have the legal authority to bind the Organization to these Terms. References to “you” and “your” refers to you as an individual and to the Organization.

Jurisdiction
This site is operated and controlled from the United States. It is not intended that Durham Staffing be subject to any non-U.S. jurisdiction or law.

License
Subject to and conditioned on your compliance with these Terms, Durham Staffing grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Site, and to download copies of the materials that we make available for download on the Site, in each case solely for your personal and non-commercial use. The Site, including all content, information, and materials incorporated into or made available through the Site, are the exclusive property of Durham Staffing or its suppliers, and is protected by U.S. and international law. You agree not to access or use the Site, or any content, information, or materials incorporated into or made available through the Site, except as expressly permitted under these Terms. All trademarks, service marks, and logos displayed on the Site (the “Marks”) are the exclusive property of Durham Staffing.

Rules of Conduct
In connection with the Site, you agree NOT to:

  • Introduce malicious or harmful software into the Site
  • Interfere with the operation of the Site
  • Harvest or collect information about users from the Site
  • Post threatening, harassing, tortious, or obscene content to the Site
  • Post content that is protected by any proprietary right without the express prior written consent of owner
  • Use the Site for any commercial purpose or for any purpose that is fraudulent or unlawful
  • Remove any proprietary information from the Site
  • Mirror any portion of the Site

Indemnification
You agree to indemnify, defend, and hold harmless Durham Staffing, and its affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to your access to or use of, or activities in connection with, the Site, or your violation or alleged violation of these Terms or the Policy. This indemnity obligation shall survive the termination of this Agreement.

Limitation of Liability
DURHAM STAFFING IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF MATERIALS SUBMITTED THROUGH THE SITE. YOU FURTHER AGREE DURHAM STAFFING WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING FROM ANY MALWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. YOU AGREE THE MAXIMUM AGGREGATE LIABILITY OF DURHAM STAFFING FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE $100.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND DURHAM STAFFING EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.

We do not guarantee that the Site is updated, complete, correct, or secure, or that access to the Site will be uninterrupted. The Site may include errors and inaccuracies. Durham Staffing does not guarantee that you will receive employment offers through the Site, and Durham Staffing is not responsible for any listings or decisions by third parties on the Site.

Termination
Durham Staffing may terminate or suspend your access to the Site at any time, with or without cause or notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms.

Governing Law; Jurisdiction
These Terms are governed by, and will be construed in accordance with, the laws of the state of Georgia.

Contact Us
If you have any questions or complaints about the Terms or the Policy, please contact the webmaster at the mailing address or email address below.

Durham Staffing, Inc.
6300 Transit Road
Depew, New York 14043-0478
[email protected]