Please read these Terms of Service carefully.
Effective Date: January 2012
Labor Ready and its affiliates, agents, service providers, business partners, successors, and/or assigns, (“we”, “our”, “us”, or “Company”) offers job seekers the ability to receive job alerts and other employment related information by text message or other electronic means, but only upon the following terms of service.
Through our text messaging (SMS) services (“Service”) we provide the ability to receive personalized text messages from Company regarding potential job assignments with Company’s customers and the ability to send messages to Company regarding potential job assignments. Our Service may additionally include creating and disseminating career and safety advice, providing job matching services, and providing recommendations to local educational, training, and volunteer opportunities.
Another part of the Service that a worker/user may choose to opt into is the Location-Based Information (“LBI”) service, which is described further below.
2. Acceptance of Terms of Service
This is a legal and binding contract (“Agreement”) between you and Company, which governs various aspects of your relationship with Company, including but not limited to, how we may contact you using the cellular and other phone numbers you provide. By agreeing to these Terms of Service, you agree that Company will provide online and text messaging job referral services to you and this Agreement will remain in full force and effect for as long as you are a user of the Service. Any provision of this Agreement, which authorizes Company to act, limits Company’s liability, disclaims warranties, limits remedies, or otherwise limits legal actions initiated by users applies with equal force to Company and its affiliates. Read this Agreement carefully before registering for the Service.
You may cancel the Service at any time, for any reason, by sending Company a written notice of cancellation via postal mail to 1706 Church Street, Suite 1243, San Francisco, CA 94131, via e-mailing your local Company representative or by texting “STOP” to 27697 (or 47677 or 69719).
You must be 18 years of age or over to become a User. By using the Service or entering into this Agreement, you certify that you are 18 years of age or older. If we discover or have any reason to suspect that you are not 18 years of age or over or that you have knowingly provided false information to us, we reserve the right to suspend or terminate your use of the Service immediately and without notice.
5. Message and Data Rates May Apply
Please note that message rates, voice and data charges from your cellular service provider may apply to sending and receiving text messages and placing and receiving calls in connection with this Service. You are solely responsible for such message rates, voice and data charges.
California residents who incur message, voice and data charges directly related to the Service and wish to be reimbursed for those charges, please contact your local Company representative.
6. Restrictions on the Use of the Service or the Website
You may not use the Service to do any of the following:
Harass or encourage harassment of another person.
Perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law.
Perform any activities that are misleading, malicious discriminatory, infringing, or could expose Company, its affiliates or its users to harm or liability.
Transmit or perform via our Service any material or act that is hateful, threatening, abusive, tortious, defamatory, false, fraudulent, misleading, libelous, vulgar, obscene, pornographic (or that contains nudity), graphically or gratuitously violent, otherwise objectionable, or that violates anyone’s rights including intellectual property rights and proprietary rights.
Provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act.
Impersonate any person or misrepresent in any way your affiliation with a person.
Transmit unsolicited mass mailings, “spam” or advertising or promotional materials.
Collect or store any information about other users, other than in the normal course of using the Service for its intended purpose.
Transmit any virus, worm, defect, Trojan horse, or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment or similar destructive or harmful item.
Use the Service in any manner that could damage, disable, overburden, disrupt or impair the Service or Website, or the network(s) connected to the Website, or interfere with any other party’s use of the Service.
Disobey any applicable policies or regulations of networks connected to the Service.
Modify, adapt, translate, reverse engineer, decompile or disassemble the Service.
Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service.
Use an iFrame or offer web search functionality on the Website.
Frame, reformat or otherwise make the Service available to third parties.
Create user accounts using any automated means or under false pretenses.
Prepare derivative works based on the Website or Service.
Remove any proprietary notices, labels or other identifying marks on content provided through the Website or Service.
7. Account Security
You are solely responsible for maintaining the confidentiality of your phone number, username, password and other access information or codes for the Service, if any, and you are fully responsible for all activities that occur under your username, password and other access information or codes, even where your username, password and other access information or codes are used by someone else.
You agree to: (a) notify us without delay of any unauthorized disclosure or use of your username, password and other access information or codes or any other breach of security of which you become aware, and (b) if you are using the Website, ensure that you are sufficiently disconnected and logged off from your account at the end of each session. Particular caution should be exercised when accessing your account from a public or shared computer.
8. User Information
It is each user’s responsibility to keep his or her information accurate, up to date and current at all times. If your information is not accurate, up to date or current, we may not be able to process your requests effectively and your access to the Service may be interrupted. To update your personal information (e.g., your e-mail address, cellular telephone number, postal address) or your profile information, you may (a) log into your account on the Website and follow the instructions, (b) send your request via e-mail to your local Company representative, (c) send your request in writing via postal mail to Company, 1706 Church Street, Suite 1243, San Francisco, CA 94131, or (d) send a text message with “HELP” to 27697 (or 47677 or 69719). By providing your cellular phone number through any of these means, you consent expressly and in writing to have Company and affiliates, contact you at this phone number through voice and text message, knowing that you are solely responsible for cellular service charges.
Company does not control, take responsibility for or assume liability for the user information or content provided, stored, or uploaded by you or any third party, or for any loss or damage thereto including any user conduct or mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, or uses forbidden by these Terms of Service.
9. License to User Information
10. Use of Automated Dialing Technology
You acknowledge and agree that the Service you seek to obtain from Company may be provided in some cases through automatic telephone dialing technology, an artificial voice or pre-recorded voice. Company may limit its use of automatic telephone dialing technology or artificial or pre-recorded voice in order to comply with laws and regulations that restrict the use of such technologies. You consent expressly and in writing to have the Service delivered through these means by providing your phone number in your account profile. By providing us your phone number and not opting-out as described, you express your willingness to receive the Service through automatic dialing technology, artificial and pre-recorded voice. By providing this information, you further agree to receive notifications from Company, its representatives, employees, agents, successors, assigns and affiliates through any means authorized under this Agreement, including phone calls and text messages that use automatic telephone dialing technology, artificial voice or pre-recorded voice.
11. No Responsibility for Third Party Organization Actions
Company cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness or legality of communications between users and third party organizations. You understand that you may be exposed to content that you find offensive and that you use the Service at your own risk.
12. Third Party Web Sites, Service and Content
The Website and the Service may contain links to third party sites (including, without limitation, third party payment sites) that are not under the control of Company, and Company is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that Company endorses or accepts any responsibility for the content on any third party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Website or through the Service.
In addition, links to advertising that has not been approved by Company may be embedded in third party content displayed on the Website. Company is not responsible for any content, cookies, or other technology used in connection with such advertising.
13. Interstate and International Use
Any information, including personal information, that Company collects in providing the Service may be controlled, stored and processed in, and transferred among, any of our facilities and may be transferred to and through any country, including the Republic of Mexico and countries outside the European Economic Area which may not have privacy (data protection) legislation and regulations comparable to the laws of the country in which you reside. Any information, including personal information, that Company collects in providing the Service may be controlled, stored and processed by, and transferred among, such contractors we engage to assist us in providing our services. The location of our facilities and of such contractors may change from time to time, and we may acquire new facilities and contractors. You expressly consent to all such control, storage, processing and transfers.
14. Service Access
While we will use all reasonable endeavors to ensure that the Website and/or the Service is accessible at all times, we do not guarantee that it will be available uninterrupted or error free. Access to the Website and/or the Service may be suspended temporarily and without notice in the case of system failure, maintenance, repair, or for other reasons, including but not limited to, circumstances beyond our control.
15. Disclaimer of Warranty
Company provides the Website and the Service with all faults ‘as is’ and ‘as available.’ Company makes no representations or warranties of any kind, express or implied, with respect to the Service, the Website or any Website content provided by Company. To the fullest extent permitted by law, Company hereby disclaims all representations, assurances, and warranties (including, without limitation, implied warranties of merchantability and fitness for a particular purpose; warranties of title and non-infringement; warranties of data security and personal safety; warranties that the Service will be uninterrupted and error-free; warranties that any Website content provided by Company will be accurate, up to date, and error-free; warranties against interference with enjoyment; warranties that the Service will be suitable for any user or will achieve any results for any user; and warranties that you will be compatible for employment with any third party organization referred by us or that we will successfully match any third party organization with you) with respect to the Service, the Website, and all Website content provided by Company. All liability of Company and howsoever arising based upon claims that Company has made any representations, assurances, or warranties with respect to the Service, the Website or any Website content provided by Company, is expressly excluded to the fullest extent permitted by law. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If any state or other jurisdiction does not allow the exclusion of warranties, then Company’s warranties shall be limited in those jurisdictions but remain in effect to the fullest extent permitted by law. All warranties, conditions and other terms implied by statute, common law or otherwise are hereby excluded from this Agreement to the fullest extent permitted by law.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM LOSS OF DATA, PROPERTY, INCOME OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE, THE WEBSITE, OR INFORMATION AVAILABLE FROM THE SERVICE OR THE WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COMPANY WILL ONLY BE LIABLE TO YOU FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DIRECT DAMAGES ARISING IN CONNECTION WITH THE SERVICE, NOT TO EXCEED THE GREATER OF TEN US DOLLARS ($10.00) OR THE AMOUNT YOU PAID FOR OR, IN CONNECTION WITH, THE SERVICE DURING THE PRECEDING THREE MONTHS.
Except as expressly provided otherwise, you assume all risks concerning the suitability, accuracy, effort, satisfactory quality and performance of the Service. Company assumes no responsibility for and disclaims all liability for any inaccuracies, errors or omissions of the Service or the Website. You agree that you will obtain (including through download) any content entirely at your own risk, and you will be solely responsible for any resulting infringement, breach of contract, consequence or damage, including (without limitation) to your computer system or loss of data.
18. Ability to Change or Terminate Service
Company may terminate, modify, or make changes to all or any portion of the Service, product offerings, and any other information and materials available on or through the Service and may delete any content that has been submitted to the Service at any time and without notice or liability.
19. Modification of Terms of Service
You consent to receive notices at the e-mail address, postal address, street address or cellular telephone number you have designated in your account, knowing you will bear all applicable data or service charges.
21. Copyright and Limited License
Company and our licensors retain full copyright ownership, rights and protection in all material contained on the Website or the Service (including all digital images, software, HTML code and other code, or business methods). You are granted a limited, non-sublicensable license to access and use the Website or the Service for informational related purposes only. Except as otherwise expressly provided in these Terms of Service, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, modify, create derivative works from, download (other than the page caching), transfer or sell any material contained on the Website or Service, or use the Website or the Service other than for their intended purpose without the prior consent of Company or the copyright owner.
22. Digital Millennium Copyright Act (“DMCA”) Notice
If you believe any material on this Website constitutes an infringement on a copyright you own or control, you may file a notification of infringement by means of the contact information set forth above.
17 U.S.C. 512(c)(3) sets forth the requirements for proper notification. However, if you knowingly misrepresent that the material or activity is infringing, you will be liable for any and all damages incurred by us as a result of our relying upon such misrepresentation. Also, in accordance with the DMCA, Company has also adopted a policy of terminating, in our sole discretion, users who are deemed to be repeat infringers or we may limit access to the Website or the Service and/or immediately terminate the accounts of users who infringe any intellectual property rights of others.
23. Corporate Identification and Trademarks
All trademarks, service marks and trade names Company, any of our affiliates, and our partners and licensors used herein (including without limitation: Company, Company logo and the associated designs and logos of Company) (collectively “Marks”) are trademarks or registered trademarks. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without the prior written consent of Company. The use of the Marks on any other website or networked computer environment is not allowed.
24. Entire Agreement
If you sign up or register for additional Company services that use third party content or third party software, you may also be subject to additional terms and conditions that apply to such third party content or third party software.
25. Jurisdiction and Compliance with Laws
By accessing the Service you agree that the statutes and laws of the United States and the State of Washington, except those laws that direct the application of the laws of another jurisdiction, will apply to all matters relating to your use of the Service, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the County of Pierce in the State of Washington, USA and you consent to the personal jurisdiction of those courts.
26. Waiver; Severability; Statute of Limitations
27. Additional Location Based Information Services
Where a job seeker (“you” or “your”), opts in to LBI (see “Opt-In To LBI” below) sharing, we may obtain your personally identifiable LBI from your mobile phone for the purpose of determining either:
(1) Your proximity to a previously scheduled job site; OR
(2) Your proximity to a future potential job site.
Company may obtain your personally identifiable LBI up to 60 times in any given month.
a. Opt-In To LBI Sharing: Before we can access your LBI, you must first give us your consent (“opt-in”). The sole method for you to provide us with your consent shall be you sending, via SMS (text message), the word “LOC” to one of our short code numbers (27697 or 47677 or 69719). Following receipt of your SMS (text message), we will send you an auto-reply SMS (text message) indicating that you have turned on LBI sharing. Such consent shall be sufficient to allow us to access your LBI per these LBI Terms.
b. Opt-Out Of LBI: At any time, and for any reason, you may immediately cancel our ability to obtain your LBI by any of the following methods:
(1) Sending, via SMS (text message) the word “LOCOFF” to our short code (27697 or 47677 or 69719), in which case you will receive an auto-reply SMS (text message) from us confirming such cancellation, OR
(2) Sending, via e-mail to your local Company branch or representative, a written notice of cancellation, in which case you will receive an e-mail response from us confirming such cancellation, OR
(3) Calling your local Company representative at the phone number provided to indicate your intention to cancel, in which case you will receive a voice response from us confirming such cancellation.
c. LBI Privacy: LBI is transmitted via Secure Socket Layer (“SSL”) technology into password protected databases. We do not retain LBI longer than is reasonably necessary to effect its purpose (see “Purpose of LBI” above) and such LBI is accessible only by Company. From time to time, we may aggregate and use your LBI for other purposes, which may include, without limitation, reporting usage and adoption of LBI, and improving our service.
The Location Service is available on major North American (AT&T, T-Mobile, Sprint, Verizon) and Canadian (Telus, Rogers) carriers. The location service will not be available if the phone is roaming or is turned off. Other Network Carriers will be added as they become available.
28. List of Supported Carriers
Associated Carrier Group (ACG)
Tier 2/3 Carrier Group
29. Comments and questions
If you have any comments or questions you may address them to the customer service department at Company via e-mail to your local Company representative, via postal mail addressed to Company, 1706 Church Street, Suite 1243, San Francisco, CA 94131, by calling Monday through Friday (excluding holidays) your local Company branch or representative from 8:00 a.m. to 5:00 p.m., or by texting “Help” to 27697 (or 47677 or 69719).