Last updated: June 22, 2021
ShortStaf Inc., (“ShortStaf”) provides mobile applications, and a platform for connecting Hosts and individuals with those seeking temporary work. Our workers (“Staf”), as well as those seeking services (“Hosts”) or collectively our “Users” must agree to be bound by all the terms and conditions set forth below. For all purposes hereunder, the term ShortStaf, Inc. or ShortStaf shall include ShortStaf’s parents, subsidiaries, assigns, successors, and licensees, as well as the ShortStaf App and may be interchanged with ShortStaf. Use of these Services is void where prohibited.
SHORTSTAF PLATFORM– The platform is where all Hosts and Staf can post and accept shifts.
EVENT/SHIFT – An event/shift is a temporary job posted by a Host.
SERVICES – Services are those provided by Staf.
APPLICATION SERVICES – Application Services are the services provided by ShortStaf, Inc. and the ShortStaf App which give users access to the platform and facilitate payment between a third party, currently Stripe. Users are subject to the terms and conditions herein.
AUTHORIZED USE- Authorized use is only use that is subject to these terms and conditions.
HOST ACCOUNT – Is an account created by a Host in order to post events/shifts.
OCCUPATIONAL HAZARD INSURANCE – Is currently provided by ShortStaf, Inc. and provides a degree of coverage for Staf who may be injured on the job.
By accepting these terms you represent to ShortStaf, Inc. the following:
That you desire to enter into these Terms for the purpose of accessing the ShortStaf Platform in order to and for the purposes of obtaining Staf to fill an “event/shift” or that you are Staf and that you desire to enter into these terms for the purpose of accessing the ShortStaf Platform in order to and for the purposes of filling events/shifts. ShortStaf may amend the Terms related to the Services from time to time. Amendments will be effective upon ShortStaf’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2.1 LICENSE Subject to your compliance with these Terms, ShortStaf grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to: (i) access and use the ShortStaf App on your personal or professional devices solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely in connection with your use of the Services. ShortStaf, Inc. or ShortStaf, Inc’s licensors, reserve any rights not expressly granted herein.
2.2 RESTRICTIONS You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon this application or its contents, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Short Staffed, Inc., ShortStaf, Inc., ShortStaf; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
2.4 OWNERSHIP The Application Services and all rights therein are and shall remain ShortStaf, Inc. and ShortStaf’s property or the property of ShortStaf’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner ShortStaf’s company names, logos, product and service names, trademarks or services marks or those of ShortStaf’s licensors.
- YOUR USE OF THE APPLICATION SERVICES
3.2 USER ACCOUNTS In order to use the Application Services, you must register for and maintain an active platform Host account (“Account”). Account registration requires you to submit to ShortStaf, Inc and ShortStaf certain personal information, such as your name, company name if applicable, zip code, and phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Services or ShortStaf’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
3.3 USER REQUIREMENTS AND CONDUCT You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to a Staf, to the ShortStaf platform or to any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the ShortStaf App or website.
3.4 TEXT MESSAGING/ PUSH NOTIFICATIONS By creating an Account, you give express consent that the Services may send you push notifications and/or informational text (SMS) messages as part of the normal business operation of your use of the Services and that use of SMS is necessary to utilize the Services. When you create an account, we will send you an SMS message to confirm your sign-up. You can cancel the SMS service at any time by replying “STOP” in the text message you received. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If at any time you forget what keywords are supported, just reply “HELP” to the text message you received. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe. Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency depends on your use of the Services. If you have any questions about your text plan or data plan, please contact your wireless provider.
3.5 PROMOTIONAL CODES ShortStaf, Inc may, in ShortStaf’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Staf’s services, subject to any additional terms that ShortStaf establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by ShortStaf; (iii) may be disabled by ShortStaf at any time for any reason without liability to ShortStaf; (iv) may only be used pursuant to the specific terms that ShortStaf establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. ShortStaf reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that ShortStaf determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
3.6 NETWORK ACCESS AND DEVICES You are responsible for obtaining network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Application Services and the ShortStaf App and any updates thereto. ShortStaf, Inc. does not guarantee that the Application Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and other electronic communications.
- STAF AND HOSTS You acknowledge and agree that your arranging and obtaining of Services from a Staf creates a direct business relationship between you and that Staf, and your interactions and dealings with such Staf are solely between you and such Staf. Staf likewise acknowledge and agree that Hosts are seeking to temporarily meet the need of a business or individual and are Independent Contractors to the fullest extent permissible by law and are not employees of ShortStaf, Inc or ShortStaf and your interactions and dealings with such Hosts are solely between you and the Host. ShortStaf, Inc is not responsible or liable for the actions or inactions of any Staf in relation to use of the Application Services nor are they liable to Staf for the actions or inactions of any Hosts. While Hosts shall have the sole responsibility for any obligations or liabilities to Staf or other third parties that arise from your arranging and obtaining and using services, Staf will be provided Occupational Accident Insurance (“OAI”) through the app. As a Staf and/or a Host, you acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable and proper for a Host that intends to use temporary labor and/or a Staf that intends on using or providing temporary labor, which may include maintaining adequate insurance that meets the requirements of all applicable laws regarding any acts or omissions of a Host or Staf or any other third party. This includes your direct responsibility for any form of workers compensation required by your state for the use of temporary labor. Each Host and Staf agrees to hold harmless ShortStaf, Inc. and ShortStaf App from any dispute arising in injury that may occur on the premises of a business or as a result of use through this app. Furthermore, ShortStaf, Inc. and ShortStaf App is not a referral service or employment agency.
5.1 CHARGES ShortStaf does not provide professional services and does not charge for professional services or services provided by a Staf. ShortStaf receives a service fee in exchange for its services. You understand that use of ShortStaf and the platform may result in charges to you for the Services you receive from a Staf (“Charges”). These charges are due once you have posted a(n) event/shift and accepted a Staf for the event/shift and ShortStaf, Inc. reserves the right to pull payment from your account at that time and to bill you for any unpaid “Charges” at any time. After you have received services obtained through your use of ShortStaf, the ShortStaf Platform will facilitate the payment through the app using a third party provider, currently, Stripe. Facilitation of payment through Stripe is subject also to the terms and conditions of Stripe. Hosts and Staf both agree that the use of Stripe is for convenience of payment and is built in at your request, and that use of Stripe is also subject to its own terms and conditions, which may also be subject to change. Once you hit “Post Event” your transaction will be processed through Stripe, which will result in the extraction of our fee to each user (22% from the Host), plus current applicable payment processing fees (2.9% + $0.30). Charges paid by you are final and non-refundable, unless otherwise determined by ShortStaf, Inc.. You retain the right within the limitations of the ShortStaf App to set the rate of pay through the App when posting a(n) event/shift. The Rate of Pay that is set prior to the event for services that will be received by you from any such Staf at the time you receive such services. ShortStaf, Inc. will respond accordingly to any request from a Staf to modify the charges for a particular service if necessary. ShortStaf does not provide professional services and does not charge for professional services or services provided by a Staf. ShortStaf receives a service fee in exchange for its application services provided through the platform such as use of the platform. As between you and ShortStaf, Inc., ShortStaf, Inc. reserves the right to establish, remove and/or revise Charges for any or all Services obtained through the use of the platform at any time in ShortStaf, Inc.’s sole discretion. ShortStaf, Inc. will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. ShortStaf, Inc. may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services from a Staf at any time prior to such Staf’s arrival, in which case you may be charged a cancellation fee, in accordance with ShortStaf, Inc. ‘s then-current cancellation policy. The current cancellation policy requires 24-hour notice prior to the event/shift to cancel and is subject to change.
5.2 SERVICE CHARGES In consideration of ShortStaf, Inc.’s provision of the ShortStaf Services for your use and benefit hereunder, you agree to pay ShortStaf a service charge on a per transaction basis calculated as a percentage of the Staf compensation for a particular event at the rate of 22% to the Business – which is to include any method that is employed by ShortStaf (regardless of any alternately negotiated Charges), as provided or otherwise made available by ShortStaf from time to time (“Service Charge”). ShortStaf reserves the right to change the Service Charge at any time in its sole discretion, and ShortStaf will provide you with notice in the event of such change. Continued use of the ShortStaf Services after any such change in the Service Charge calculation shall constitute your consent to such change. After each event/shift, the Staf will be paid the position amount after any necessary deductions are made. The amount will appear in the Staf’s account and will be the net of time adjustments. Staf must provide their payment account information prior to receiving payment. By agreeing to these Terms, every Host gives ShortStaf permission and irrevocably authorizes and instructs ShortStaf, through its third-party payment processing company, to charge the event/shift to their credit card or other approved methods of payment.
5.3 PAYMENT METHODS All Charges and Service Fees are due immediately and payment will be facilitated by ShortStaf using the preferred payment method designated in your Account, after which ShortStaf will send you a report by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that ShortStaf may, as the Staf’s limited payment collection agent, use a secondary payment method in your Account, if available. In the event that there are unpaid or past due amounts for Charges or Services Fees associated with your account, you must pay a finance charge of the lesser of 1.5% per month or the maximum amount permitted by law on such outstanding balances, plus all expenses of collection, including reasonable attorneys’ fees.
- DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
6.1 DISCLAIMER THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SHORTSTAF (ON BEHALF OF ITSELF, ITS LICENSORS, AND THE STAF) DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SHORTSTAF (ON BEHALF OF ITSELF, ITS LICENSORS, AND THE STAF) MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SHORTSTAF DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF STAF OR THE SERVICES THEY PROVIDE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
6.2 NO SERVICE GUARANTEE SHORTSTAF AND ITS LICENSORS DO NOT GUARANTEE THE AVAILABILITY OR UPTIME OF THE SERVICES OR THE SHORTSTAF APP. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES OR THE SHORTSTAF APP MAY BE UNAVAILABLE AT ANY TIME AND FOR ANY REASON (e.g., DUE TO SCHEDULED MAINTENANCE OR NETWORK FAILURE). FURTHER, THE SERVICES OR THE SHORTSTAF APP MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SHORTSTAF IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES, LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS.
6.3 LIMITATION OF LIABILITY NEITHER SHORTSTAF, INC., ITS LICENSORS, NOR THE STAF SHALL BE LIABLE UNDER OR RELATED TO THESE TERMS FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. THIS LIMITATION OF LIABILITY INCLUDES ANY OF THE FOREGOING TYPES OF DAMAGES ARISING FROM YOUR ACCESS OR USE OF THE SERVICES OR ANY RESTAURANT SERVICES PROVIDED BY STAF. SHORTSTAF INC.’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE EVENT/SHIFT SERVICES WITH STAF, BUT YOU AGREE THAT SHORTSTAF HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY STAF OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
- DISPUTE RESOLUTION
7.1 Informal Resolution You agree to first try to resolve any dispute informally by contacting us at email@example.com. We will respond to you by email and attempt to resolve disputes you submit to us. If a dispute you present to us is not resolved within 30 days of the first email submission regarding the dispute, formal proceedings may be initiated according to the following terms.
7.2 Arbitration You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and ShortStaf, Inc., except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and ShortStaf, Inc. are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and ShortStaf, Inc. otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
7.3 Arbitration Rules and Governing Law The arbitration will be administered by the Judicial Arbitration & Mediation Services (“JAMS”) in accordance with the Arbitration Rules and Procedures then in effect (the “JAMS Rules”), except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
7.4 Arbitration Process A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Florida and will be selected by the parties. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the arbitrator shall be selected on an expedited basis in accordance with the Arbitration Rules and Procedures of JAMS.
7.5 Arbitration Location and Procedure Unless you and ShortStaf, Inc otherwise agree, the arbitration will be conducted in the state of Florida. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and ShortStaf, Inc., submit to the arbitrator, unless you or ShortStaf request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Rules. Subject to the JAMS Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
7.6 Arbitrator’s Decision The arbitrator will render an award within the time frame specified in the JAMS Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
7.7 Fees Your responsibility to pay any JAMS filing, administrative and arbitrator fees will be solely as set forth in the JAMS Rules.
- OTHER PROVISIONS
8.1 Choice of Law These Terms are governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without giving effect to any conflict of law principles.
8.2 Notice ShortStaf, Inc. may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to ShortStaf, Inc, with such notice deemed given when received by ShortStaf, at any time by first class mail, pre-paid post, or electronic mail to ShortStaf, Inc., 221 Pensacola Road, Venice, Florida 34285, or firstname.lastname@example.org
8.5 ShortStaf does not endorse any of its Users ShortStaf only provides a platform on which Hosts seeking a Staf may interact and transact whereby the Staf will operate under the complete supervision of the Host. ShortStaf does not endorse any of its Users and makes no representations or warranties concerning the qualifications of any User (Host or Staf) on the site.
8.6 ShortStaf does not vouch for the accuracy of User reviews ShortStaf does not vouch for the accuracy of User reviews. You acknowledge and agree that feedback benefits the platform, all Users, and the efficiency of the Site and you specifically request that ShortStaf post composite or compiled feedback about Users, including yourself, on User profiles and elsewhere on the Site. You acknowledge and agree that feedback results for you may include comments, ratings, indicators of User satisfaction, and other feedback left by other Users or ShortStaf. You further acknowledge and agree that ShortStaf will make feedback results available to other Users, including composite or compiled feedback. ShortStaf provides this feedback system as a means through which Users can share their opinions publicly and ShortStaf does not monitor or censor these opinions. These reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future engagement(s).
Notice of Cancellation: Until and unless you or ShortStaf terminates your account, such account will continue for an indefinite period of time. Should you prefer to stop using the Services, please send an email to cancel to: email@example.com. If you have paid for any services and you decide to terminate your account, you may use those services through the end of the commitment period, and you will not receive any refund of fees. Fees: By creating a User account, you are responsible for providing timely payment for all services provided by ShortStaf, and your acceptance in setting up an account in our systems authorizes ShortStaf, Inc. to charge you in accordance with the applicable service agreement(s). You will be advised in advance of any fees or charges for service on your account.
- OCCUPATIONAL HAZARD INSURANCE You acknowledge that as a Staf you are an independent contractor, not an employee of ShortStaf, Inc.. As such, you acknowledge and understand that you are not covered by any insurance that may be provided by ShortStaf to its employees, including, without limitation, health insurance, workers compensation insurance, general liability insurance, and automobile liability insurance. In the event that your actions cause an injury to a third party while you are working in the course and scope of performing a ShortStaf Engagement or the Services, you acknowledge and understand that you will not be covered by any general liability or automobile liability insurance coverage that ShortStaf, Inc. may have, and that ShortStaf is not making any commitment to defend and/or indemnify you in such circumstances, and specifically denies such obligation. ShortStaf, Inc. will provide proof of occupational accident insurance (OAI), you will not be charged a fee for this supplemental occupational accident insurance.
- INTERACTIONS WITH OTHER USERS Interaction between users: You are solely responsible for all interactions with other users. Hosts, Staf, and all users agree to make their own decisions regarding persons they employ, and work (event/shift), job positions, campaigns, events or projects they claim. Users represent, understand and expressly agree that ShortStaf does not have any liability for or control over any user’s authenticity, integrity, abilities or responsibility online or onsite in the workplace. Additionally, all users expressly agree not to hold ShortStaf, Inc., or its officers, directors, agents, investors, and employees liable for any damage, suits, claims, disputes or controversies whatsoever arising from any relationship developed on or in connection with the Services. Public Areas: Users are prohibited from using the Services to share or receive any content that is inappropriate or offensive to other users, as determined by ShortStaf in our sole discretion. You hereby agree not to: i) in any way distribute or disseminate profane, offensive, obscene, infringing or unlawful material or information; ii) use the Services in violation of any local, state, national or international law; iii) slander, abuse, threaten, harass or otherwise violate any legal rights of others; iv) upload any files to the Services that violate the legal rights (including intellectual property, privacy, publicity rights) of any third party or contain any viruses or may damage the Services or any user’s system in any way; v) download any file that you know, or reasonably should know, cannot be legally distributed or disseminated through the Services; vi) advertise, sell, or offer to sell any goods or services on the Services for any purpose which is not relevant to the services offered by ShortStaf including conducting or forwarding any surveys, contests, etc.; vii) impersonate another user or allow another individual to use your account in any way; viii) “spam” (e.g., post the same note, message, or information repeatedly); or ix) in any way prevent other users from using and enjoying and/or benefitting from the Services. You agree ShortStaf, Inc. is not responsible for the misuse or misappropriation of any content or information you provide to the Services, such as posts in any publicly viewable area of the Services, your profile, or reviews.
- SERVICE USE PROHIBITION The Service(s) is for the use of individuals and client company users only and any use in connection with any non-ShortStaf commercial endeavors without the express prior written consent of ShortStaf, Inc. is strictly prohibited. Hosts may only use the Services as users for authorized purposes. ShortStaf, Inc. reserves the right to take any and all appropriate legal action. ShortStaf, Inc. reserves the right to terminate your use of the Services in its sole discretion at any time and for any reason. You agree that your use of the Services is with the revocable permission of ShortStaf, Inc.
- BILLING, PAYMENTS, AND CANCELLATIONS ShortStaf, Inc. connects Hosts and Staf through the platform. In order for the platform to run effectively, ShortStaf, Inc. discourages unjustified cancelations. ShortStaf, Inc. reserves the right to extract payment from a Host at any time for a canceled event/shift in accordance with our then-current cancellation policy. If a(n) event/shift is cancelled twenty-four (24) hours prior, then all parties agree that this is sufficient time by which the Staf can find a new event/shift, if available.. However, all parties agree that ShortStaf will extract payment in accordance with our then-current cancellation policy. Parties agree that an Agent of ShortStaf, Inc., will handle all disputes over administration of this policy and that the agent’s determination is binding on the parties. Further, Payments made outside the app are considered a circumvention of the apps function and a violation of these terms and conditions, therefore all parties agree that in all circumstances if a(n) event/shift is completed and payment is not made through the app within 24 hours, then a payment of 100% of the event/shift shall occur and be pulled from the Host account with or without notice. Hosts expressly authorize ShortStaf, Inc. to extract such a payment from your preferred payment setting.
- RELEASE In the event that you become involved in any dispute with one or more other users or ShortStaf, you hereby release and forever discharge ShortStaf and its officers, directors, agents, investors, and employees from all past, present, and future claims, causes of action, demands, lawsuits, actions, liabilities, losses, expenses, obligations or damages of every kind and nature (including personal injuries, death and property damage), whether known or unknown, suspected and unsuspected, disclosed and undisclosed, arising directly or indirectly out of or in any way connected with such disputes, the Services, or ShortStaf, Inc.
- SHORTSTAF, INC. LIABILITY You agree not to seek to or to hold ShortStaf, Inc. and its officers, directors, agents, investors, subsidiaries and employees liable for any services delivered which originated through the Services or were otherwise provided by any user of the Services.
- INTELLECTUAL PROPERTY RIGHTS ShortStaf, Inc. owns and retains all intellectual property and other proprietary rights throughout the world in the Services. All such intellectual property and other proprietary rights, including any software, text, typefaces, graphics, layouts, content, data, formatting, designs, HTML, graphs, photographs, videos, designs, sounds, images, look and feel, and other content on the Services, and the coordination, selection, arrangement and enhancement of any such materials as a collective work under the United States Copyright Act, as amended, is owned by or licensed to ShortStaf, Inc.. You agree ShortStaf, Inc. owns and retains all such rights that are protected in all forms and through all media and technologies now known or hereinafter developed. Users are prohibited from copying, downloading, using, redesigning, reconfiguring, or retransmitting any of these rights without ShortStaf, Inc.’s prior express permission in a signed writing, unless such use falls under an exception. Users are prohibited from posting, sending, sharing, or distributing any ShortStaf, Inc. materials or content that they do not own or have permission to use. In addition to the termination of your account, violation of this policy may result in copyright, trademark, patent or other intellectual property rights violations and liability, and civil or criminal penalties. The Services contains materials protected by the domestic and international laws of copyrights, trademarks, patents, and other proprietary rights and laws and any use of such materials is expressly prohibited without the prior signed written permission of ShortStaf, Inc. or the relevant right holder or as otherwise permitted herein.
- RELIANCE ON CONTENT ON THE SERVICE You agree that ShortStaf, Inc. is not responsible for your reliance on any information or content made available through the Services, other than that provided directly by ShortStaf, Inc., and the authors of such information and content are solely responsible for such content. ShortStaf, Inc. does not guarantee the accuracy or completeness of any information on the Services or adopt, enforce or accept responsibility for the accuracy or reliability of any statement made by any third party or user that appears on the Services. You agree that ShortStaf, Inc. will under no circumstances be responsible for any loss or damage resulting from your reliance on information or content on the Services.
- MODIFICATIONS TO THE SERVICE ShortStaf, Inc. reserves the right to evaluate, improve, amend, or temporarily or permanently discontinue the Services or any content or information thereon with or without providing notification to users. You agree that ShortStaf, Inc. and its officers, directors, agents, investors, and employees are not liable to you or any third party for any modification or discontinuance of the Services.
- DISCLAIMERS You agree that ShortStaf, Inc. and its officers, directors, agents, investors, and employees are not responsible for any incorrect or inaccurate content or information posted on the Services or in connection with the Services and no user should rely on any information therein or the continuation of the Services. THE SERVICE AND ALL INFORMATION ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ShortStaf, Inc., ITS OFFICERS, DIRECTORS, AGENTS, INVESTORS, AND EMPLOYEES, AND EACH OF THEIR RESPECTIVE AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS WILL IN NO WAY AND UNDER NO CIRCUMSTANCES BE RESPONSIBLE FOR ANY CLAIM, DEMAND, LOSS OR DAMAGE OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICE, WHETHER ONLINE OR OFFLINE. WE DO NOT CONTROL OR REVIEW USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NON-INFRINGEMENT. SHOULD YOU BECOME DISSATISFIED OR HARMED BY THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT IN ACCORDANCE WITH THE ABOVE SECTION “TERM.” We have no obligation to verify the identity of the individuals or users subscribing to the Services, nor do we have any obligation to monitor the use of Services by users. Therefore, we disclaim all liability for identity theft or other misuse of your identity or information. We are not responsible for the conduct, whether online or offline, of any user of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operations or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications, nor are we responsible for any problems or technical malfunctions whatsoever including, but not limited to, malfunctions of telephone networks or lines, computer online systems, servers or providers, computer equipment, software, failure of email, traffic congestion on the internet or at any website. Such malfunctions further include damage or injury to your or any other person’s computer or device relating to or resulting from participation or use of the Services. We are not responsible for any communications occurring on the Services or as a result of any of the Services and make no representations or warranties as to the delivery of any messages. Further, we do not represent or warrant that your use of the Services will not infringe on the rights of third parties. Any material, service or technology described or used on the Services may be subject to intellectual property rights owned by third parties who have licensed such material, service or technology to ShortStaf, Inc.
- NON-SOLICITATION Other than connecting with users for the purpose of receiving or providing a temporary job position or project, users are prohibited from using the Services for the purpose of recruiting for another website or soliciting, advertising to, or contacting other users for employment, contracting, or any other purpose for a business not affiliated with ShortStaf, Inc. without the express written consent of ShortStaf, Inc.. As previously noted, we reserve the right to terminate your account or use of the Services in our sole discretion at any time if you violate these Terms and Conditions. We further reserve the right to take appropriate legal action including, without limitation, civil or criminal actions, and requesting injunctive relief.
- CUSTOMER SERVICE ShortStaf provides assistance to its users through its Customer Service Representatives. Communications between you and our Customer Service Representatives may be recorded for quality assurance purposes and you are prohibited from being abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise inappropriate toward our Customer Representatives. We reserve the right to immediately terminate your account, and you will not be entitled to any refund, if we, in our sole discretion, feel that you have mistreated our Customer Services Representatives in any way.
THIS IS NOT A CONTRACT OF EMPLOYMENT AND DOES NOT ALTER YOUR INDEPENDENT CONTRACTOR STATUS.