Terms of Use and Electronic Signature Disclosures
Strategic Global Staffing adheres to high ethical and legal standards, protects its users' privacy, and strives to provide a quality Service. This Agreement and disclosure applies to your use of this web site in conjunction with documents securely sent to you from other users of the Service. THIS AGREEMENT AFFECTS YOUR RIGHTS AND YOU SHOULD READ IT CAREFULLY. By checking the consent box regarding these Terms of Use, you stipulate that you have read and agree to them. We may amend this Agreement by posting the new terms to our site and your continued use of the Service will constitute acceptance of the amended terms. This Agreement was last modified on June 10, 2006.
Electronic Signature Disclosures
1. When using this Service, you agree to transact business using electronic communications, electronic records and optionally electronic signatures rather than using paper documents. If you do not consent, please contact the sending party in order to determine if the transaction can be completed using paper documents instead. Fees may apply for using paper documents.
2. Each message sent to you may be from different parties. Please communicate all issues related to the contents of any given message with the party who sent it to you.
3. Each message sent to you is a separate transaction, though several may be related. You are free to read and optionally sign each message on a case-by-case basis.
4. In order to use this Service, you must have a computer capable of running a standards-compliant web-browser that supports the HTTPS protocol over the Internet, HTML documents, images and session cookies. Most current browsers work fine. You are responsible for maintaining all software and hardware required to view such packages.
5. Some messages sent may include attached files that will require additional software in order to view them. Common examples include PDF and Word documents. You are responsible for maintaining all software and hardware required to view these documents.
6. You may print, without charge, any document or web page using your own printer. Printed copies are not
considered to be legal originals. You may also export, without charge, the legal, original data and signatures from the Service to your own computer.
7. You may choose to add your electronic signature on any documents you send or are sent to you. By using the Service, you agree to use an electronic signature in lieu of a paper-based signature. You understand that electronic signatures, just like your signing a piece of paper, are legally binding in the United States and in other countries. You further agree not to electronically sign a document without first reading it, thus demonstrating that you are able to access the electronic information contained therein.
8. You are not required to sign electronically if you prefer not to do so.
9. To withdraw your consent to use electronic transactions, simply discontinue using the Service. There is no fee for withdrawing your consent to use electronic signatures. If you have already received a message that requests your signature and you do not wish to sign it or you wish to withdraw your consent to use electronic transactions, simply do not click the "Add my signature" button when viewing that document. You should contact the sending party in order to determine what other options you may have. If you withdraw your consent, it will not affect the legal standing of any transactions you may have already performed with your consent.
10. Finally, you agree to keep the Service and sending parties current regarding your e-mail address in order to ensure uninterrupted communications. You may update the Service with any changed e-mail addresses under the "My Account tab" while you are logged in.
I. Your Responsibilities
1. Lawful use.
You agree to use the Service for lawful and ethical purposes only. Sending unsolicited advertising (spam), viruses, or other harmful data are prohibited. You agree to use generally accepted rules of Internet etiquette.
2. Registration.
In order to use the Service, you must register for an account. You agree that you will register for and maintain accounts using accurate information and e-mail addresses that you have a legal right to use. You may update such information online under the My Account tab.
3. Payment.
There is no charge to use this Service.
4. You agree to use this Service only for communications between you and SGS and related parties.
5. Electronic Communications.
This Agreement and any other communications regarding the Service ("Communications") may be provided to you electronically. Such Communications may be posted on the Web site and/or sent to your e-mail address or Service account. All Communications in either electronic format will be considered to be "in writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication.
6. Privacy.
The Service strives to ensure your privacy. For details, please read our Privacy Policy.
7. Passwords.
You should not divulge your account password to anyone without a right to use it and you are responsible for all actions taken by those who have been given the password. Choose a high quality password that you can remember but others will not be able to guess. Read our security tips for more information. The Service does not store your password and has no way of telling you what your password is. Immenisty personnel will never ask you for your password. You may change your password under the My Account tab.
8. Timestamps.
The Service's computer clocks are periodically synchronized with an official time source and are used to timestamp all transactions. You agree that the time recorded by the Service will be the official time all such transactions take place.
9. Logs, messages and documents.
The service maintains a secure, fault-tolerant disk repository for the storage of logs, messages, documents,
signatures and User profile information. Messages and documents are stored using sophisticated, industrystandard encryption to prevent unauthorized access to that information. Each User is allowed to delete tracking logs, messages and any attached documents and signatures that belong to the User. Once deleted, those messages generally cannot be recovered.
10. Close Account.
You may close your account at any time. After closing your account, your messages and documents will be
deleted. You will remain liable for all obligations related to any documents you may have signed. You may want to make an electronic copy or print any documents that you will need before you close your account.
11. Escheat.
If you do not access your account for a period of one year, it may be closed.
12. Entire Agreement.
This Agreement constitutes the entire agreement between you and SGS and supersedes all prior agreements and understandings, whether written or oral. We may amend this Agreement at any time as set forth in the introductory paragraph of this Agreement
13. Indemnification.
You shall indemnify and hold SGS and our subsidiaries, affiliates, officers, directors, managers, employees, agents and successors harmless from any suits, losses, claims, demands, liabilities, costs and expenses (including legal and accounting fees) that arise from (a) your use of the Service, (b) your failure to comply with any applicable laws and regulations, or (c) your breach of any of your obligations set forth in this Agreement.
14. Severability.
You agree that if any term or provision in this Agreement is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
15. Choice of Law.
This Agreement is governed and construed by the laws of our state.
II. SGS Rights and Disclaimers
1. Termination of accounts.
SGS reserves the right to terminate accounts that violate this Agreement.
2. Limitation of Liability.
SGS is not liable for the content of, or damages that result from any message or document sent through the
Service to which it is not a direct party. SGS is not liable for damages related to the quality of the Service, including errors, interruptions or delays, or because the Service is discontinued.
3. Disclaimer of Warranty.
(a) THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SGS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.(b) SGS DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY OR FREE OF VIRUSES, ERRORS OR OTHER HARMFUL
COMPONENTS, AND (iii) ANY ERRORS ON THE SERVICE WILL BE CORRECTED.
(c) NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU FROM A SGS EMPLOYEE OR AGENT, OR THROUGH OR FROM THE WEB SITE OR THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
4. Intellectual Property.
This Service contains proprietary and confidential information and trade secrets of Immenisty, Inc. All content (other than user-created data) including, but not limited to text, graphics, logos, images, software, and icons is the property of Immenisty and is protected by applicable U.S. and international laws. Immenisty retains all right, title and interest to the words "Immenisty", "Business Private Network (BPN)", and any word, phrase or logo incorporating the foregoing (collectively, the "Immenisty Marks"). You agree not to display or use any Immenisty Marks without the prior written permission of Immenisty.
5. Processing.
SGS will make reasonable efforts to ensure that the Service functions in a timely manner, though computer
systems and the Internet are not entirely reliable or may be subjected to external forces outside of our control. In addition, the Service will not be available during system maintenance and upgrades.
6. E-mail.
The Service relies on e-mail notifications to alert Users of activity regarding their accounts, and accounts require email
access in order to be activated. E-mail itself is not a reliable or secure service, and many e-mail service
providers lose, filter, scan or otherwise fail to process messages.
7. Data protection.
The Service takes reasonable precautions to protect your data. All message notes, documents, and keys are stored using industry standard encryption algorithms to protect that information. However, SGS cannot protect any such data once it leaves the Service, such as when a User is viewing, accessing or storing the data elsewhere. The Service relies on the HTTPS protocol to protect information while in transit between it and your browser.
8. Void where prohibited.
The Service offering is void where prohibited by law. In the United States, electronic signatures may not be used for the creation and execution of wills, codicils or testamentary trusts; adoption, divorce, or other matters of family law; court orders, notices or official court documents; any notice regarding the cancellation or termination of utility services; notice of default, acceleration, repossession, foreclosure or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual; the cancellation or termination of health insurance or benefits or life insurance benefits (excluding annuities)/ recall of a product or material failure of a product that risks endangering health or safety; or any document required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials. The list of documents that may not use electronic signatures is subject to change and may vary from locality to locality. An initial list of excepted documents can be found in Section 103 of the E-SIGN Act.Copyright © 2008-2009 - Strategic Global Staffing - All rights reserved.