Terms & Conditions

WEB SITE USE AGREEMENT FOR ABLEHQ.COM WEB SITE

THIS VERSION IN EFFECT SINCE OCTOBER 23, 2008

THIS AGREEMENT GOVERNS YOUR USE OF THE ABLEBODY.COM WEB SITE AND THE CONTENT, INFORMATION AND SERVICES PROVIDED THROUGH THE WEB SITE. IT EXEMPTS PROFESSIONAL STAFFING - A.B.T.S., INC. AND OTHER ENTITIES OR PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ. EACH TIME YOU USE THE WEB SITE, THIS AGREEMENT AS IT THEN READS WILL GOVERN YOUR USE. ACCORDINGLY, WHEN YOU USE THE WEB SITE YOU SHOULD CHECK THE DATE OF THIS AGREEMENT (WHICH APPEARS AT THE TOP OF THIS AGREEMENT) AND REVIEW ANY CHANGES SINCE THE LAST VERSION.

YOUR ACCEPTANCE OF THIS AGREEMENT

This is an Agreement between You and all persons You represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity) and Professional Staffing - A.B.T.S., Inc. and all of its subsidiaries, affiliates, licensees and any entity legally operating under the trade name "Able Body" or "Able Body Labor" and governs Your use of the ABLEBODY.COM web site and the content, information and services provided through the ABLEBODY.COM web site (collectively the "Site"). The terms "You", "Your", "Yourself" and "User" as used herein refer to all persons and/or entities using this Site for any reason. The term "Able Body" means Professional Staffing - A.B.T.S., Inc. and all of its subsidiaries, affiliates, licensees and any entity legally operating under the trade name "Able Body" or "Able Body Labor". This Agreement also provides benefits to Able Body affiliates, service providers, suppliers and sub-contractors, including various Able Body subsidiaries (collectively "Affiliates and Providers").

Each time You use the Site You signify Your acceptance and agreement, and the acceptance and agreement of all persons You represent, without limitation or qualification, to be bound by this Agreement, and You represent and warrant that You have the legal authority to agree to and accept this Agreement on behalf of Yourself and all persons You represent. You are advised to check this Terms and Conditions page periodically to review changes that could be made at any time, because these changes are binding on You. Able Body may modify these Terms and Conditions at any time in its sole discretion by updating this posting. If You do not agree with each provision of this Agreement, or You are not authorized to agree to and accept this Agreement, You may not use the Site. Scope of This Agreement This Agreement is in addition to and supplements any written agreements that You or any persons You represent have with Able Body or Affiliates and Providers (now or in the future) concerning Your dealings with Able Body or Affiliates and Providers generally. This Agreement and all other agreements that You or any persons You represent have with Able Body or Affiliates and Providers (now or in the future) together constitute the entire agreement regarding Your access to and use of the Site, and supersede all previous agreements (written, oral or otherwise) regarding Your access to and use of the Site. In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreement that You or any persons You represent have with Able Body or Affiliates and Providers (now or in the future), the provisions of this Agreement shall govern regarding Your access to and use of the Site.

Permission to Use the Site

The Site may be accessed and used only by individuals who have: (a) reached the age of majority in their jurisdiction of residence and can form legally binding contracts under applicable law; and (b) accepted this Agreement. Persons using the Site must comply with all applicable laws. If You breach any provision of this Agreement, You may no longer use the Site. Able Body may, at any time and for any reason and in its discretion: (a) change, suspend or terminate, temporarily or permanently, the Site or any part of it; or (b) restrict, suspend or terminate (in whole or in part) Your permission to access or use the Site; all without any notice or liability to You or any other person. If this Agreement or Your permission to access or use the Site is terminated by You, or by a person You represent, or by Able Body, then: (a) this Agreement and all other then existing agreements between Able Body and any persons You represent will continue to apply and be binding upon You and any persons You represent, jointly and severally, regarding Your prior access to and use of the Site, and anything connected with, relating to or arising therefrom; and (b) Able Body may continue to use and disclose Your personal information in accordance with the Site Privacy Policy as amended from time to time.

Scope of Permitted Site Use

1. You may refer to the URL of this Site without limitation, but You may not link to this Site without the prior written approval of Able Body.

2. You may not use the Site in order to transmit, distribute, erase or store material: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the patent, copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) that is harmful, defamatory, libelous, vulgar, obscene, threatening, abusive, harassing or otherwise objectionable in the opinion of Able Body.

3. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (b) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (c) forging any TCP/IP packet header or any part of the header information in any e-mail or posting; (d) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus or corrupted data to the Site, overloading, continuous posting of repetitive text, "flooding", "spamming", "mailbombing" or "crashing"; or (e) sending unsolicited e-mail, "junk mail", "chain letters", including promotional materials and/or advertising of products or services, or any other form of solicitation. Violations of system and network security may result in civil or criminal liability.

Specific Prohibited Uses

The Site may only be used for lawful purposes. Able Body specifically prohibits any use of the Site, and all Users agree not to use the Site, for any of the following:

* Posting any incomplete, false, inaccurate or misleading biographical information or information which is not Your own accurate resume. Recruiters representing candidates may not send that candidate's resume in response to a job posting.
* Deleting or changing another persons' information posted on the Site.
* Posting or transmitting any message, information, data, text, software or images, or other material that may invade another's privacy or publicity rights or is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or otherwise objectionable in the opinion of Able Body.
* Posting a sexually-explicit image or statement.
* Using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
* Taking any action that imposes an unreasonable or disproportionately large load on this Site's infrastructure.
* Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Able Body on this Site and other than generally available third-party Web browsers (e.g., Netscape Navigator, Microsoft Explorer).
* Other than as permitted expressly by these Terms and Conditions, copying or duplicating any of the materials or information available from the Site.
* Other than as permitted expressly by these Terms and Conditions, framing of or linking to any of the materials or information available from the Site.
* Mirroring, scraping or data mining of the Site or any of its content in any form and by any method are strictly prohibited.

Site Communications and Orders

The Site is a portal and information conduit to other web sites and businesses operated by Affiliates and Providers. Affiliates and Providers may be independent from Able Body, their web sites may have different or inconsistent terms of use or privacy policies, and their services may be provided under different terms and conditions. Your dealings with Affiliates and Providers and use of their web sites are at Your own risk, and You shall not make any claim against Able Body arising out of those matters. As between You and Able Body, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to Your dealings with any Affiliates and Providers and use of their web sites.

By activating certain links, including order-related links, You may be automatically connected with web sites operated by Affiliates and Providers. If You use the Site to initiate communication regarding Your staffing needs, the information You submit may be disclosed to, and processed and responded by, Affiliates and Providers.

All communications You submit through the Site or e-mail must be true, accurate and complete. Able Body and Affiliates and Providers will rely upon the truth, accuracy and completeness of the communications You submit through the Site. If You submit any incorrect or incomplete communications, or if any communications are damaged or distorted during transmission to Able Body, You and all persons You represent will be liable for any loss, damage or additional costs that You, Able Body, Affiliates and Providers, or other persons may incur as a result.

You authorize Able Body and Affiliates and Providers to: (a) accept communications that they receive from You by means of the Site or e-mail as if those communications had been given directly by You in writing and signed by You; (b) disclose Your communications to any Affiliates and Providers, and Able Body workers by means of the Site, e-mail or other communications; and (c) respond to Your communications by means of Internet communications, e-mail or other communications. Communications You send to Able Body by means of the Site or e-mail are not effective unless and until they are processed by the responsible Able Body representative.

Able Body may refuse to process any communications sent to Able Body by means of the Site or e-mail, or may reverse the processing of any communications sent to Able Body by means of the Site or e-mail, at any time in Able Body's discretion, and without any notice or liability to You or any other person, including, without limitation, if: (a) Able Body cannot process the communications; (b) the communications violate any provision in this Agreement or any other agreement that You or any other person may have with Able Body; (c) Able Body considers that the communications conflict with any other instructions or agreements with You or any person You represent; or (d) there is an operational failure or malfunction in connection with the transmission of the communications.

Communications that are submitted to any named individual through the Site may be answered by other staff, rather than by the named individual personally.

Personal Information Privacy

Able Body collects, uses and discloses information regarding Your use of the Site and Your personal information in accordance with the Privacy Policy, which is available by clicking here. Able Body may change the Privacy Policy from time to time in its discretion without prior notice or liability to You or any other person. By accepting this Agreement, and each time You use the Site, You consent to Able Body's collection, use and disclosure of Your personal information in accordance with the Privacy Policy as it then reads without any further notice or any liability to You or any other person.

Feedback and Information

Any feedback that You provide at this Site, including but not limited to, electronic and written correspondence, shall be deemed to be non-confidential and can be used by Able Body without limitation.

Indemnity

By using this Site, You agree to indemnify, hold harmless and defend Able Body from any claims, damages, losses, liabilities and all costs and expenses of defense, including but not limited to attorneys' fees, resulting directly or indirectly from Your use of this Site, unless such claims, damages, losses, liabilities, costs and expenses arise from and have directly and solely been caused by the gross negligence or intentionally wrongful acts of Able Body.

Disclaimer

1. Your use of this Site is free of charge. Therefore this Site and all information within it are provided on an "as is" basis and Able Body makes and gives no conditions, representations, warranties, or other terms regarding the effectiveness this Site or the Material in meeting Your employment objectives.

2. All conditions, warranties, undertakings, representations and other terms of any kind whatsoever, express or implied (whether by statute, common law or otherwise), in respect of the Site or the Material or in connection with them are hereby excluded by Able Body to the fullest extent permitted by law and Able Body shall have no obligation, duty or liability whatsoever to You.

3. Without prejudice to the generality of the foregoing, to the fullest extent permitted by law Able Body specifically disclaims and excludes all warranties or conditions implied by law or statute concerning satisfactory quality and fitness for purpose and reasonable skill and care.

4. Able Body does not guarantee that any employer or client will ask for Your resume, ask to interview You or hire You.

5. 5. Able Body does not guarantee to any employer or client the availability of resumes or candidates, or that any candidate will meet Your needs.

6. Able Body uses reasonable care in compiling and presenting the information found on this Site. However, the accuracy of information supplied by candidates, employers and other Users is not within the control of Able Body, and Able Body does not certify that it has verified any information in any job listing, file or other posting entered into the Able Body database or available on this Site.

7. Further, Able Body does not assume liability for any errors or omissions in the content on this Site or any third party site, including, but not limited to, typographical errors, inaccuracies, outdated information, or broken links.

8. Able Body expressly disclaims liability for errors or omissions in the information found on this Site. Able Body endeavors to provide accurate information through the Site. Nevertheless, errors may occur. Accordingly, Able Body reserves the right to change other information available through the Site at any time and from time to time without any notice or liability to You or any other person.

9. You acknowledge that in any computer system and any network of computer systems there is certain to be "downtime" due to mechanical, telecommunication, software, hardware and third-party vendor failures during which Able Body will be unable to provide this Site to You. Able Body cannot predict or control when such "downtime" may occur and cannot control the duration of such "downtime."

10. Able Body uses this Site to provide the access, computer services and connections that link the Able Body database to the Internet and other network systems. Able Body has authority or control only over the operation of this Site. Nevertheless, You understand and agree that the Internet is inherently unreliable and subject to breaches of security. Therefore, Able Body cannot be responsible for the integrity of any information, file or other posting available on or sent to this Site.

11. Able Body has no authority or control over the content, operation or performance of any portion of the Internet including other Web sites to which this Site may be linked or from which this Site may be accessed. A link to a Web site not owned or operated by Able Body does not mean that Able Body endorses or accepts responsibility for the content or use of such Site and such link is being provided to You merely as a convenience. Reference to any product, process, publication, service or offering of any third party by trade name, trademark, manufacturer or otherwise does not necessarily constitute or imply its endorsement or recommendation by Able Body.

12. The Site is not intended to be a comprehensive or detailed statement concerning the matters addressed; investment, tax, banking, accounting, legal, or other professional or expert advice or recommendations; or an offer or recommendation to sell or buy any stock, bond or other financial instrument or any product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Site.

13. The views and opinions of employers, candidates and other users of this Site do not necessarily state or reflect those of Able Body.

Limitation of Liability

IN NO EVENT WILL ABLE BODY BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ABLE BODY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN ABLE BODY'S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $25.00.

Ownership and Proprietary Information (Trademarks and Service Marks)

1. Certain portions of this Site contain information that is considered confidential and proprietary. This information is not available to the general public. Any attempt to access this information will be prosecuted to the fullest extent possible under local, state, national and international law. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright, trademark or other intellectual property right of Able Body or any third party, except as expressly granted herein.

2. The Site and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, calculators, models, data, and other elements available on or through the Site are the property of Able Body, Affiliates and Providers and others, and are protected by United States and international copyright, trademark, and other laws. Your use of the Site does not transfer to You any ownership or other rights in the Site or its content.

3. The Site may only be used in the manner described expressly in this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Able Body. The Site may be used only for lawful purposes. The Site may be accessed and used only using commercially available, SSL-capable Web browser software.

Able Body, through its affiliates and subsidiaries, owns or licenses a number of registered and unregistered trademarks, trade names, service marks, and other marks and logos in the United States. Other product and company names and logos appearing on the Site may be registered or unregistered trade names, trademarks and service marks of their respective owners.

Any use of the trade names, trademarks, service marks and logos (collectively "Marks") displayed on the Site is strictly prohibited. Nothing appearing on the Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site.

General

1. The Site is controlled by Able Body from Clearwater, Florida, United States of America. This Agreement, Your use of the Site, and all related matters are governed solely by the laws of the state of Florida, United States of America and applicable federal laws of the United States of America, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.

2. Able Body makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If You access the Site from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.

3. These Terms and Conditions and use of the Site are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Jurisdiction for any claims arising under Your use of this Site shall lie exclusively with the state or federal courts within Pinellas County, Florida or, in the case of the federal courts, Tampa, Florida.
4. Any claim or cause of action You may have arising from, connected with, or relating to Your use of the Site, this Agreement, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

5. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

6. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. No consent or waiver will be effective unless in writing and signed by all parties.

7. The provisions of this Agreement will inure to the benefit of and be binding upon each of Able Body and Affiliates and Providers and each of their respective successors and assigns and related persons, and You and Your heirs, executors, administrators, successors, and personal representatives, and all persons You represent and their respective successors, assigns and related persons. You and the persons You represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of Able Body, which may be withheld in Able Body's discretion. Able Body may assign this Agreement and its rights and obligations under this Agreement without Your consent or the consent of any persons You represent.

8. You and any persons You represent (on the one hand) and Able Body and Affiliates and Providers (on the other hand) are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or Your use of the Site.

9. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.

10. Any rights not expressly granted by this Agreement are reserved to Able Body.

11. No changes to these Terms and Conditions shall be made except by a revised posting on this page.