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Terms of Service

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS WORLD WIDE WEB SITE (THE "SITE") OF On Call Staffing Solutions, Inc. ("ON CALL"), AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

YOU AGREE THAT ON CALL AND ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS, SERVICES, PROGRAMS, AND PRICES DESCRIBED IN OR OFFERED ON THIS SITE, IF ANY, AT ANY TIME WITHOUT NOTICE, AND FURTHER AGREE THAT ON CALL CAN REVISE THESE TERMS AT ANY TIME WITHOUT NOTICE BY UPDATING THIS POSTING. YOU AGREE THAT YOUR CONTINUED USE OF THE SITE AFTER SUCH MODIFICATIONS HAVE BEEN MADE CONSTITUTES YOUR ACCEPTANCE OF SUCH REVISED TERMS.

General Use Restrictions

Except for Third Party Materials, all information, documents, products, and services provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by On Call.

On Call grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials on this Site, provided that: (1) both the On Call copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and printed Materials.

Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.

Information About You

You agree to provide true, accurate, current and complete information about yourself as prompted by any forms on this Site and to promptly update information as requested. If we suspect that such information is, inaccurate, not current or incomplete, we have the right to suspend or terminate your association with On Call and refuse any and all use of the services provided by On Call (or any portion thereof). The Site has been established for professionals and is not intended for children under the age of 18.

Third Party Content

Certain information and content may be provided by third parties to On Call ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner. ON CALL DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

No Framing

You agree not to "frame" or "mirror" any Materials or Third Party Content contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of On Call or its licensors, respectively.

Third Party Interaction

In your use of the Site, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or members or sponsors promoting their goods and/or services on or through the Site. Unless otherwise stated, any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that On Call has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

Links to Third Party Sites

This Site may be linked to other sites on the World Wide Web or Internet which are not under the control of or maintained by On Call. Such links do not constitute an endorsement by On Call of those sites. You acknowledge that On Call is providing these links to you only as a convenience, and further agree that On Call is not responsible for the content of such sites. Your use of other sites is subject to the terms of use and privacy policies located on the linked sites.

Restricted Areas of the Site

Certain areas of the Site are restricted to authorized users or require you to provide personal information ("Restricted Areas"). If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your account information, if any. You agree that you are entirely responsible for any and all activities which occur under your account, including any fees which may be incurred under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify On Call of any unauthorized use of your account or any other breach of security in relation to the Site known to you.

Privacy Policy

Your use of the Site is governed by the On Call Privacy Policy.

Unauthorized Activities

You acknowledge that unauthorized use of any Materials or Third Party Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations, and agree that you are wholly responsible for your actions or the actions of any person using your screen name and/or password. As such, you agree to hold On Call entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by On Call in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your use of the Site or the use of the Site by any person using your screen name and/or password violates any applicable law or regulation, or the rights of any third party.

Copyrights and Copyright Agents

All information and screens appearing on this site including documents, products, software and services, graphics, text elements, site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of On Call, Copyright (c) On Call Staffing Solutions, Inc., unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

ON CALL RESPECTS THE INTELLECTUAL PROPERTY OF OTHERS, AND WE ASK OUR USERS TO DO THE SAME. IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED ON THE SITE IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND APPEARS ON OUR WEBSITE, PLEASE PROVIDE ON CALL'S COPYRIGHT AGENT THE FOLLOWING INFORMATION:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

On Call's Copyright Agent for notice of claims of copyright infringement on its site is the marketing department, that can be reached as follows:

By mail:
On Call Staffing Solutions, Inc.

Attention: Marketing
5075 Shoreham Place #110
San Diego CA 92122

By phone:
1.800.720.2870

By e-mail: contact@oncallemployees.com

Disclaimer of Warranty

You acknowledge and agree that this Site may include certain errors, omissions, outdated information which may affect the quality of the Materials and the Third Party Content. You acknowledge that neither the Materials nor the Third Party Content have been independently verified or authenticated in whole or in part by On Call, and agree that On Call does not warrant the accuracy or timeliness of the Materials or the Third Party Content, and further agree that On Call has no liability for any errors or omissions in the Materials and the Third Party Content, whether provided by On Call or its licensors.

ON CALL, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER VISITORS TO THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ON CALL SHALL NOT BE LIABLE TO YOU OR A THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION, MATERIAL, SOFTWARE OR THIRD PARTY CONTENT CONTAINED ON THE SITE OR IN RELATION TO YOUR SUBMISSIONS. IN NO EVENT SHALL ON CALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF ON CALL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Additional Rights

Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

Local Laws; Export Control

On Call controls and operates this Site from its headquarters in the United States of America and makes no representation that the Materials, Third Party Content, and Software are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials and the Third Party Content.

Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.

You acknowledge and agree that the Materials and the Third Party Content are subject to the U.S. Export Administration Laws and Regulations, and that diversion of the Materials or the Third Party Content contrary to U.S. law is prohibited. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

General

On Call does not monitor your data or transmissions, yet, On Call does actively monitor usage for system utilization. However, you agree that, in On Call's efforts to promote good citizenship within the Internet community, if On Call becomes aware of inappropriate use of the Site or any On Call service, On Call may respond. You acknowledge that On Call will report to law enforcement authorities any actions which may be considered illegal, as well as any reports it receives of such conduct. When requested, On Call will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

If you violate these Terms, On Call reserves the right to terminate service to you without notice. On Call's preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action.

Any action related to these Terms will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of On Call to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by On Call in writing. The Terms comprises the entire agreement between you and On Call and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

Privacy Statement

On Call Staffing Solutions, Inc. ("On Call") provides the following Privacy Statement to enable you to understand how your personal information will be treated while accessing our website or registering with our Company. This Privacy Statement may change from time to time so please periodically review it.

What personal information does On Call collect?

In order to receive the full benefit of registering with On Call through our web site, you must first complete basic contact information and employment requirements. During the first stage of the registration process, On Call requires that you supply your first and last name, phone number, street address, city, state and zip code, employment preference, salary requirements, previous salary information, reason for leaving your last job, availability, pending vacations, whether you are actively interviewing and desired geographic work location(s). Optionally, you can supply us with other contact information such as cell phone number, fax number, email address and certain demographic information, such as languages spoken. During the second stage of the registration process, we require that you broadly identify the industry where the majority of your work experience has been fulfilled. Lastly, in the third stage, we require that you identify specific job functions and computer skills you have fulfilled and whether you are interested in receiving electronic job alerts. After you submit this information, it is transferred to an internal database. On call may also ask you to provide contact information to request additional information about our services.

What are cookies and how does On Call use them?

A cookie is a small piece of data that is sent to your browser from a web server and stored on your hard drive containing information about the user. We use cookies to store and sometimes track information about you. Generally, we use cookies to determine the extent of repeat usage, to measure your visiting patterns, in the aggregate to understand our user's habits and to help target user interests and behavior.

How does On Call use my information?

On Call's primary objective in collecting personal information during the registration process is to match this information with employment opportunities presented by our client(s). Typically, when we identify a potential match in experience, educational requirements, etc., information regarding your industry and specific job function experience and your first name will be shared with our client(s). If there is further interest on our client's behalf, we will contact you to re-confirm your work availability and determine your interest in the work assignment. Assuming you are interested in pursuing the position, at this point we typically provide further personal information such as your last name and arrange an interview. If you are not interested in the position, no further personal information will be shared with this particular client. On Call may also use your personal information to provide you with information about our services. We will disclose your personally identifiable information if we reasonably believe we are required to do so by law. In addition, we may transfer your information in a merger or consolidation in which On Call participates or to a purchaser of all or substantially all of On Call's assets.

How do I control the collection, use and distribution of my submitted information?

On Call may from time to time send you emails or contact you via telephone regarding job opportunities offered by our client companies. You are able to modify or update information about yourself that was previously submitted by re-registering through our website or by contacting us at 1.800.720.2870. You may also call this number and request that your information be deleted from our database.

How is my information protected?

On Call takes appropriate steps to secure your information during transmission and storage. Unfortunately, data transmission over the Internet and data storage cannot be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, On Call cannot guarantee the security of any information you transmit to us or that we store. All On Call website registration users transmit such information at their own risk.

Links to Other Websites

This website provides links to several party websites. While we choose our links carefully, we cannot take any responsibility for the content of linked websites, or of the privacy policies of such websites. Since we do not control these websites, we encourage you to review the privacy policies posted on these third party websites prior to any use.

What else should I know about my privacy?

Please keep in mind that whenever you voluntarily disclose personal information online - for example on instant messages, through email, or in chat areas - that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Please be careful and responsible whenever you are online.

Additional Information

Questions regarding this statement should be directed to our webmaster at contact@oncallemployees.com.

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