This Privacy Notice ("Privacy Notice") explains how ResultsResourcing LLC ("ResultsResourcing", "we", "us" or "our") collects, uses, and discloses information on our website, located at www.resultsresourcing.com (the "Website") and our associated services, applications, mobile services, buttons, and widgets (collectively, the "Services"). All capitalized terms not otherwise defined shall have the meaning set forth in the Terms, available at www.resultsresourcing.com/terms.
We understand that individuals with whom we conduct business and who share their information with us value their privacy. We are committed to taking reasonable steps to protect your privacy online and managing your information responsibly. This Privacy Policy is intended to notify you of our online privacy practices, the type of information that may be collected and stored, how the information is used, with whom the information may be shared, what choices are available to you regarding the collection, use and distribution of the information, what kind of security procedures are in place to protect the loss, misuse or alteration of information under our control, and who to contact with questions or concerns.
By using the Services and/or by contacting us and providing any personal information, you consent to the collection and use of such information by us in accordance with this Privacy Notice. If we decide to change our Privacy Notice, we will post those changes on this page.
We collect personal information in order to provide the Services, match Clients with Resources, as well as to communicate with you about information or opportunities about which you might like to hear.
How We Collect Information We collect information in three primary ways:
What Information We Collect We may collect, store and use the following kinds of personal data:
Please do not submit any sensitive personal information or data to us, including but not limited to your: (i) racial or ethnic origin; (ii) political, philosophical or religious beliefs, including membership in a political party or trade union; (iii) physical or mental health, biometric details or genetic makeup; or (iv) sexual orientation or preferences. If any such information is submitted to us, it is at your own risk.
Account Creation
If you create an account, you will be asked to provide your full legal name, email address, current address and one (1) valid methods of payment and may be asked to provide additional information for identification and verification purposes.
General Browsing We do not automatically collect personal information unless you voluntarily input or submit this information, such as during a registration or ordering process, when you submit questions or comments, request information, or respond to our surveys.
Even if you do not submit personal information through the Services, we may gather navigational information about where visitors go on the Services and information about the technical efficiencies of our Services (i.e., time to connect to the Services, time to download pages, etc.). This information allows us to see which areas of our Services are most visited and helps us better understand the overall and individual User experience. This information also helps us improve the quality of the Services by recognizing and delivering more of the features and services our Users prefer. In this process of gathering information, we may collect personally identifiable and non-personally identifiable information (for example, domain type, browser type and version, service provider and IP address, referring/exit pages, operating system, date/time stamp, and click-stream data). We may also create and use electronic records to compile statistics about how our visitors collectively interact with our Website and Services.
Mobile Browsing If you use the Services via a mobile device, information about your use of the Services, as well as your mobile device type, carrier and location may be communicated to us, and your information may be shared with your mobile carrier or access provider.
Use of Cookies Cookies are bits of electronic information that a website may transfer to a visitor's computer to identify specific information about that visitor's visits to that website. We may use both session cookies and persistent cookies in the Services and on the Website. Session cookies or transient cookies are cookies that are stored in temporary memory and are not retained when the browser is closed. In other words, they are erased when you close your browser. Session cookies do not collect information from your computer and typically will store information in the form of a session identification that does not personally identify you. We also use persistent cookies which assign a unique identification to your computer. Persistent cookies are typically stored on your computer's hard drive and are used to help track clicks as you use the Services, or to tell us whether you have previously visited the Website. We may also use cookies set by third-parties with whom we have entered into agreements which may enable us to obtain analytics information about the use of our Services. You can set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it. You may also use commonly available tools in your browser to remove cookies which may have been placed onto your computer. Shared local objects (commonly referred to as "FLASH cookies") are cookies that are placed on your computer that are not removed through normal browser management tools. We will not use FLASH cookies in a manner inconsistent with the purposes for which they were designed unless you are specifically notified that we intend to use them for a specific service.
Server Logs and Widgets A web server log is a record of activity created by a computer that delivers certain webpages to your browser. Certain activities that you perform utilizing the Services may record information in server logs, such as if you enter a search term into a search box located on the Services. For example, the server log may record the search term(s) you use, or the link you clicked on to bring you to our Website. The server log may also record information about your browser, such as your IP address and the cookies set on your browser. A widget is generally an application that can be embedded in a webpage, and which can provide real-time information to the webpage. Widgets are often provided by third-parties to enable collection of data about website usage. If we allow widgets on our Website, data will only be collected in accordance with this Privacy Notice.
Search Queries on Our Website We may provide you with options to search for information on our Website. If you enter information in a search query box, we may store that information and we may aggregate that information with other information we may have about the browser and/or IP address from which the search query originated.
How We Use the Information We Collect We use the information we collect in a variety of ways. Primarily, we use the information we collect in order to connect Clients with Resources. Generally, using all of the above mentioned, and similar type tools, we may collect, aggregate, and use information from or about you such as data about the type of browser and operating system used, your geographical location, which webpages and Profiles you view, the time and duration of your visits to our Services, the search queries you may use on the Services and any other submissions you may make, whether you clicked on any items or links on the Services, whether you have clicked on any links in any emails sent from us, or third-parties on our behalf, whether you have chosen to opt-out of certain services or information sharing, and whether and where you have viewed or ordered certain products or services. We use the information we collect internally in our business for many business purposes, such as to: (i) provide the Website and Services; (ii) analyze trends and conduct research about improving the Services; (iii) provide support and respond to questions from Users and Website visitors; (iv) improve our Website, products and Services; (v) learn about Users' needs; (vi) contact Users for research, informational, and marketing purposes, including customizing our Services for you based upon your information and browsing habits; (vii) track traffic patterns and Services usage; (viii) provide customer service and technical support with respect to the Services; (ix) correlate information with other commercially available information to identify demographics and preferences to assist us in our marketing efforts; (x) provide specific relevant marketing, promotional, or other targeted or location-based content or information to you; (xi) address information security and/or privacy practices, network functioning, engineering, and troubleshooting issues; (xii) investigate claims and/or legal actions, violations of law or agreements, and compliance with relevant applicable laws and legal process; (xiii) comply with law, or based on our good faith belief that it is necessary to conform or comply with the law, or otherwise to disclose information to prevent fraud to reduce credit risks, to cooperate with police and other governmental authorities, or to protect the rights, property or safety of visitors to the Website, Users of the Services, or the public; and (xiv) process or engage in a sale of all or part of our business, or if we go through a reorganization or merger.
We may also share personally identifiable information and non-personally identifiable information externally with our affiliates and business partners, as well as with other third-party service providers who help us provide operational services for the Website, the Services and our business, which might include, but is not necessarily limited to: business entities that provide email address management and communication contact services, retargeting services, network equipment and application management providers and hosting entities, credit and debit card payment gateways and processors and the issuing and acquiring banks involved in the funds settlement procedures necessary to charge your cards or financial accounts, entities which obtain information such as demographic information which might be aggregated with information we have about you, entities that allow us to personally identify visitors to the website, judicial, administrative and/or legal or financial accounting providers in the event that information must be reviewed or released in response to civil and/or criminal investigations, claims, lawsuits, or if we are subject to judicial or administrative process (such as a subpoena) to release your information or to prosecute or defend legal actions, and other service providers which may be involved in the other types of services and activities otherwise discussed in this Privacy Notice.
We allow third-party companies, including AddThis, to collect certain anonymous information when you visit our website. These companies may use non-personally identifiable information during your visits to this and other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or a third party web beacon to collect this information. To learn more about this behavioral advertising practice, you can visit www.networkadvertising.org.
We may also use your personally identifiable information to contact you in ways other than email or regular mail, such as via telephone or SMS.
Business Transfers If ResultsResourcing or substantially all of its assets were acquired, or in the unlikely event that ResultsResourcing goes out of business or enters bankruptcy, User information would be one of the assets that is transferred or acquired by a third-party. You acknowledge that such transfers may occur, and that any acquirer of ResultsResourcing may continue to use your personal information as set forth in this Privacy Notice.
Your Choices about the Information We Collect If you do not consent to the way in which we may use your personal information, please do not submit any personal information to us. If you do not wish to receive emails about special offers and other promotions from us, click the unsubscribe link located in our emails or opt out in your account profile. If you do not wish to receive other marketing materials from us and/or if you do not want us to share your personal information with other entities as stated in this Privacy Notice, please provide us with your exact name and address and advise us that you wish to opt-out for information sharing or receiving information from us or both as the case may be. Please direct your opt-out request to the following contacts:
Email Address:
succeed@resultsresourcing.com
Postal Address:
ResultsResourcing LLC
5 Columbus Circle, Suite 800
New York, NY 10019 USA
Privacy of Children Who Visit the Website We recognize the importance of children's safety and privacy. The Website is not designed to attract children, and the Services are not intended for use by any children under the age of 13. We do not request, or knowingly collect, any personally identifiable information from children under the age of 13. If you have reason to believe that we have collected information pertaining to children under the age of 13
please contact us at succeed@resultsresourcing.com.
Your California Privacy Rights We collect various types of personal information about you during the course of your relationship with us. Under California law, if you are a resident of California, you may make a written request to us about how we have shared your information with third-parties for their direct marketing purposes. In response to your written request, we are allowed to provide you with a notice describing the cost-free means to opt-out of our sharing your information with third-parties with whom we do not share the same brand name, if the third-party will use such information for its direct marketing purposes.
If you would like to exercise your rights under California law, please send your written request to the email address or postal address below. Please include your postal address in your request. Within thirty (30) days of receiving your written request, we will provide you with a Third-party Direct Marketing Opt-Out Form so you may request that your personal information not be disclosed to third-parties for their direct marketing purposes.
Email Address:
succeed@resultsresourcing.com
Postal Address:
ResultsResourcing LLC
5 Columbus Circle, Suite 800
New York, NY 10019 USA
Visitors to the Website Outside of the United States If you are visiting the Website or using the Services from a location outside of the United States, your connection will generally be through and to servers located in the United States. All information you receive from the Website will be created on servers located in the United States, and all information you provide will be maintained on web servers and systems located within the United States. The data protection laws in the United States and other countries might not be as those in your country. By using this Website or Services and/or submitting information to us, you specifically consent to the transfer of your information to the United States to the facilities and servers we use, and to those with whom we may share your information.
Updating Personal Information We prefer to keep your personal information accurate and up-to-date. If you would like to change your contact information, please update your account or Profile.
Links For your convenience, the Services may contain links to other websites. We are not responsible for the privacy practices, advertising, products, or the content of such other websites. None of the links should be deemed to imply that we endorse or have any affiliation with the links.
Security We believe in providing a safe and secure experience for all of our online visitors. To that end, we have implemented security measures to protect the information collected from you. We maintain reasonable physical and electronic safeguards designed to limit unauthorized access to your personally identifiable information, and to protect you against the criminal misuse of that information.
While we use the foregoing security measures to protect your information, please note that no data transmitted over the Internet or stored and utilized for business purposes can be guaranteed to be completely secure. No security measures are perfect or impenetrable. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on the Website will not become publicly available. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.
Please note that while we attempt to limit access to our Services, including our User Profiles and other content to legitimate Users, we cannot guarantee that other parties will not gain access to our information and we cannot control their use of any information accessed via the Services.
Questions / Changes in Notice If you have questions or concerns with respect to our Privacy Notice, you may contact us at succeed@resultsresourcing.com. We may elect to change or amend our Privacy Notice; in such event, we will post the notice changes in our Privacy Notice on the Website.
This Terms of Service Agreement ("Terms") governs your access to, and use of, the ResultsResourcing LLC ("ResultsResourcing" or "we", "us", or "our") website located at www.resultsresourcing.com ("Website"), and the associated services, applications, mobile services, buttons, and widgets (collectively, the "Services"), as well as any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (the "Content"). By accessing or using the Services, you indicate that you have read and understand these Terms, which incorporate by reference our Privacy Policy, and agree to be bound by them in their entirety.
USE OF THE SERVICES ResultsResourcing hereby grants you with a personal, worldwide, royalty-free, non-assignable and non-exclusive limited license to view, download, and use a single copy of the Website solely as an aid to using the Services as permitted by these Terms. Except as provided herein, you are not permitted to download (other than page caching) or change any portion of the Services, unless you have our express written consent.
The Services that ResultsResourcing provides are always evolving and the form and nature of the Services (or any features within the Services) may change from time to time or be suspended (permanently or temporarily) without prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
ACCOUNTS
Account Registration. Certain functions of the Services may require account registration. In order to create a ResultsResourcing account ("Account"), you must provide us with your full legal name, current address, phone number, a valid email address, one (1) valid method of payment and any other required information. You may only create an Account if you are 18 years or older.
Account Profiles. If you register or provide information to us in any manner, you agree to (i) provide only true, accurate, current and complete information, as prompted by the Service's registration and survey process, and (ii) maintain and promptly update your Account as necessary to keep it current and complete.
Account Security and Record Keeping. You are responsible for maintaining the security of your Account, and you are fully responsible for all activities and actions that occur in connection with the Account. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions taken using your Account. You must immediately notify us of any unauthorized uses of your Account or any other breaches of security. ResultsResourcing will not be liable for any loss or damage from your failure to maintain the security of your Account. If you close your Account, we may still need to retain certain information for record keeping, administrative, legal and technical purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed or changed.
USER CONTENT The Services allow users to create or upload existing content that may be publicly posted or privately transmitted to other users ("User Content"). Each user is solely responsible for the User Content that they create or post and may be held legally liable or accountable for the content of their comments or other material or information. User Content, in addition to the other restrictions set forth herein:
ResultsResourcing does not endorse, guarantee or make any representations regarding User Content, including the completeness, truthfulness, accuracy, or reliability of such User Content. Any use or reliance on any User Content is at your own risk, and under no circumstances will ResultsResourcing be liable in any way for any User Content, including, but not limited to, any errors or omissions in the User Content, or any losses or damage of any kind incurred as a result of the reliance upon any User Content.
RIGHTS AND RESTRICTIONS
Restrictions on Use of the Services. You may not collect or use any portion of the Content of the Services in any derivative way, or download, or copy information or other matter for use of any other party. The information displayed on the Services may not be used for any purpose except in connection with your direct use of the Services as permitted by these Terms, and may not be excerpted, summarized, duplicated or otherwise removed from the Services except with our explicit, written permission. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Services for any purpose or in any manner that is prohibited by these Terms or by applicable law.
No Interference with the Services. You may not interfere with the proper operation of the Services including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Services or its servers or network, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Services or the use of the Services by any users. You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented on the Services, or the servers and network associated with the Services. You may not gather information and data on the Services from mining, robots or other extraction tools. Any unauthorized use terminates the permission or license granted by ResultsResourcing, in addition to all rights at law or in equity. In addition, you specifically agree not to use the Services to do any of the following:
Monitoring Of Information. We do not assume any obligation to review or monitor the User Content or other information submitted to the Services by users or other third-parties. You assume the risk of verifying the accuracy of such information posted through independent investigation. Notwithstanding the foregoing, we may, at our discretion, review information submitted to the Services for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Services for any reason whatsoever.
We reserve the right to cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity of anyone believed to be violating the Terms or applicable law. You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we may unilaterally choose to comply with such subpoenas without your consent or prior notice to you and may disclose your IP address and location, personally identifiable information or any other requested information in response thereto. You agree to waive and indemnify and hold us harmless from and against any and all claims whatsoever resulting from, or in connection with, any action by us regarding any investigations either by us or law enforcement authorities.
INTELLECTUAL PROPERTY RIGHTS ResultsResourcing owns any and all intellectual property rights relating to the ResultsResourcing brand, trade name, trade dress, and other content including: copyright, trademark, service mark, proprietary logos, insignia, business identifier, and/or other text and graphics that has or provides the "look and feel" of the ResultsResourcing brand image, as well as the Content of the Services, including the text, graphics, programming, photographs, video and audio contained herein (the "Intellectual Property"). Your use of the Services does not grant you any rights or licenses relating to the ResultsResourcing Intellectual Property, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, except as expressly provided for in these Terms. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purpose.
All other Content, including User Content, service names, trademarks, service marks and other intellectual property, is the property of their respective owners, as indicated, and may only be used as permitted. You retain your rights to any Content you submit, post or display on or through the Services. By using the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed).
PROCEDURE FOR MAKING AND RESPONDING TO CLAIMS OF COPYRIGHT INFRINGEMENT We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA"), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third-parties should be sent to the designated agent noted below (the "Designated Agent"). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Services, please notify us by contacting the Designated Agent.
In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on the Services, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent for notice of claims of copyright infringement can be reached by mail at:
ResultsResourcing LLC
Attn: Designated Agent
5 Columbus Circle, Suite 800
New York, NY 10019 USA
or by e-mail at succeed@resultsresourcing.com.
If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.
TERMINATION OF ACCESS Use of the Services is a privilege. Users who violate this Terms may be denied access to the Services, and we reserve the right to suspend your use of the Services for any reason at any time, in our sole discretion. The Services and its Contents are not intended for the use of children under the age of 18. Children under the age of 18 may not use, or submit any information to, the Services.
PRIVACY AND COMMUNICATIONS Any information that you provide to ResultsResourcing is subject to our Privacy Notice, which governs our collection and use of information. If you choose to provide any personal information via the Services, you hereby consent to the collection and use of information as set forth in the Privacy Notice.
Additionally, we may collect or share certain information based on your usage of the Services, as described in our Privacy Notice.
By registering to use the Services, you grant us permission to send emails, offers, promotions and other marketing material to you via email. You may unsubscribe from such communications at any time. As part of providing you the Services, we may need to provide you with certain transactional communications, such as service announcements and administrative messages. These communications are considered part of the Services and your ResultsResourcing account, and you may not be able to opt-out from receiving these messages.
In order to facilitate communications between you and ResultsResourcing, the Services offers you the ability to contact us and other users of the Services. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Notice to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. ResultsResourcing shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third-parties of any information that you send by email or the Services.
DISCLAIMERS AND LIMITATIONS OF LIABILITY Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Services. Your use of the Services, and our obligations and liabilities with respect to your use of the Services, is expressly limited as follows:
DISCLAIMER OF WARRANTIES. THE SERVICES AND THEIR CONTENT, INCLUDING ALL USER CONTENT, IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THE SERVICES AND THE CONTENTS IS AT YOUR OWN RISK.
RESULTSRESOURCING DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE. YOU AND NOT RESULTSRESOURCING ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT THAT THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OF THE SERVICES OR The CONTENT. RESULTSRESOURCING DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING THE USE, OR THE RESULT OF USE, OF THE CONTENT OF THE SERVICES RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THIS WEBSITE MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND RESULTSRESOURCING MAY MAKE CHANGES OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITH OR WITHOUT NOTICE. NEITHER RESULTSRESOURCING NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THE SERVICES SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE SERVICES.
LIMITATION OF LIABILITY. IN NO EVENT SHALL RESULTSRESOURCING AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RESULTSRESOURCING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF RESULTSRESOURCING TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT THAT YOU HAVE PAID RESULTSRESOURCING FOR PROVISION OF THE SERVICES, OR ONE HUNDRED UNITED STATES DOLLARS ($100.00), WHICHEVER IS GREATER.
Release and Indemnification. You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release ResultsResourcing, and its subsidiaries, affiliates and each of their officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with (1) your use or misuse of the Services; and (2) the use of any information or Content accessed by you through the Services.
You agree to indemnify and hold ResultsResourcing and its subsidiaries, Affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees and costs of suit, made by any third-party due to or arising out of (1) your use or misuse of the Services, (2) User Content or other information that you submit, transmit, or otherwise make available via the Services or otherwise, and/or (3) your breach of these Terms.
EXCLUSIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU?
ResultsResourcing makes no warranty and disclaims all responsibility and liability for a) the completeness, accuracy, availability, timeliness, security or reliability of the Platform and or any Content, b) any harm to your computer system, loss of data or other harm that results from your access to or use of the Platform or any Content, c) the deletion of, or the failure to store or transmit any Content and other communications maintained by the Platform, d) whether the Platform will meet your requirements or be available on an uninterrupted, secure or error free basis.
GENERAL INFORMATION Entire Agreement. These Terms, together with the Privacy Notice and client and/or resource contract, constitute the entire agreement between you and ResultsResourcing governing your use of the Services, superseding any prior agreements between you and ResultsResourcing with respect to the subject matter hereof.
Waiver and Severability. The failure of ResultsResourcing to enforce any right or provisions in the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall not affect any other provision of the Terms, and the Terms shall be construed without regard to the invalid, illegal, or unenforceable provision.
Third-Party Websites. The Services may contain links to other websites which are not affiliated with ResultsResourcing, and may have different privacy policies and terms of use. ResultsResourcing does not control the content that appears on these websites or their privacy practices and no link shall be considered an endorsement, guarantee, representation or warranty, either express or implied, by us on behalf of any third-party. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third-party websites accessed from or via the Services.
Viruses and Transmission of Sensitive Information. ResultsResourcing cannot and does not guarantee or warrant that the materials contained on the Services will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively "viruses"). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses.
Choice of Law; Jurisdiction; Venue. Your use of the Services and any dispute arising out of or in connection with the Services shall be governed by the laws of the State of New York without giving effect to any conflict of laws provisions. By accessing the Services, you agree that any action or proceeding arising out of or in connection with the Services shall be brought solely in a court of competent jurisdiction or arbitrated in the State of New York, located in the county of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located in New York County. You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.
Miscellaneous. We do not represent that materials on the Services are appropriate or available for use in your location. Persons who choose to access the Services do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or any purchase made on the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
