Terms of Use

Introduction.

Please read the following agreement carefully before accessing this Website. The information and services on this Website are provided by SmartSitting, LLC. (SmartSitting) subject to your agreement to the terms and conditions below. If you do not agree to these policies, terms and conditions, please log off this Website. When used in these Terms of Use, "we" and "our" means SmartSitting, and "you" and "your" refers to any individual, company or legal entity that accesses or otherwise uses this Website.

Acceptance of Terms of Use.

By accessing, browsing, or using this Website, you agree to be bound by these Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Website. If you do NOT agree to all of these terms, you should NOT access or use this Website.

Use of Information and Services.

You may use the site only in accordance with and subject to these Terms of Use and the Site’s Privacy Policy. Once you complete and submit your registration you have opted-in to receive email communication from us.

Any testimonials or endorsements on this website do not constitute a guarantee, warranty or prediction concerning your use of SmartSitting's services. The results portrayed, described, and or referenced on this Website were dependent on the facts and circumstances of each case, and results in other cases may differ.

If you engage SmartSitting to work on your behalf as a client seeking referrals of candidates to employ, or if you elect to have SmartSitting represent you as a candidate for potential employment, our services will be provided pursuant to and subject to the terms of our separate written agreement with you. SmartSitting is a referral agency. It is not the employer of any individuals referred by the agency.

SmartSitting is committed to equal employment opportunity. SmartSitting does not make employment or work-related decisions (including without limitation hiring, placements, referrals, training, assignment, promotion, transfer, compensation, discipline or termination) based on any legally protected characteristic or in an unlawful manner.

Modification of Terms.

These Terms of Use may be amended by SmartSitting, in its sole discretion, at any time without notice to you. Such amended Terms of Use shall be effective upon posting. By continuing to access or use this Website, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions.

SmartSitting reserves the right to discontinue or make changes or updates with respect to the Website or the Content of the Website at any time without notice.

Privacy Notice.

Personal information provided through this Website shall be used in accordance with SmartSitting's Privacy Policy (www.smartsitting.com/privacy-policy) and these Terms of Use are subject to the Privacy Policy as posted on this Website.

Copyright and Trademarks.

You acknowledge that all content on this Website, including the Website's design, graphics, text, formatting, sounds, pictures, images, software, and other materials and information on this Website, and the selection and arrangement thereof (collectively, "Content"), are the property of SmartSitting and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Content not expressly granted in these Terms of Use are reserved to their respective intellectual property right owners. Except as expressly authorized in these Terms of Use or on the Website, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of SmartSitting or the respective intellectual property rights owner.

SmartSitting authorizes you to view the Content only for personal, non-commercial use. You may not modify or adapt the Content in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on this Website (including, without limitation, SmartSitting) are the sole property of SmartSitting and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of SmartSitting. In addition, all page headers, custom graphics, button icons and scripts are Marks of Huge and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of SmartSitting. SmartSitting will enforce its intellectual property rights to the fullest extent of the law.

Submissions.

Any communication received (resumes, cover letters, recommendation letters, pictures, transcripts, educational documents or other communications or information submitted through the Website) submitted to SmartSitting, or otherwise communicated in connection with your use of the WebSite (collectively,” Submissions") shall be and remain the exclusive property of SmartSitting with no further compensation to you. Any disclosure or any submission to SmartSitting does not create any obligation or liability on the part of SmartSitting. You are waiving any and all rights that you may have in the submission and you agree that any submission by you will not violate any right of a third party, including copyright, trademark, privacy, or other personal or proprietary rights. You also agree that no submission shall contain libelous or otherwise unlawful, abusive, or obscene material. You shall remain solely responsible for the content of any submission you make. SmartSitting takes no responsibility and assumes no liability for any content submitted or submitted by you or any third party.

Links to Third Party Websites.

Links on the Website to third party websites are provided only as a convenience to you. If you use these links, you will leave the Website. SmartSitting does not control or endorse any such third party websites. You agree that SmartSitting and its affiliates will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Website, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. SmartSitting expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website. SmartSitting recommends that you make yourself aware of and read the legal and privacy notices of all other websites that you visit.

Disclaimer of Warranties.

While SmartSitting strives to keep the information on this Website accurate, complete and up-to-date, this Website may contain errors or be incomplete in some respects. SmartSitting does not guarantee the accuracy or completeness of any information on this Website. SmartSitting assumes no liability or responsibility for, and makes no express or implied representations, guarantees or warranties about, any information, claims, testimonials, services or links on this website, or any websites or services linked to or accessible from this website. Your use of this website, SmartSitting's services, and any other services listed or accessible from this website is at your own risk.

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT CONTAINED ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SmartSitting EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SmartSitting MAKES NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (IV) THE WEBSITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES.

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS OF WARRANTIES, SO SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Disclaimer of Damages and Limitation of Liability.

NEITHER SmartSitting OR ITS AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS WEBSITE OR ANY MATERIAL, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF SmartSitting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST Huge AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND PROGRAMMERS THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS SITE.

Indemnification and Release.

You agree to indemnify, defend and hold harmless SmartSitting and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (1) your use or misuse of the Site; (2) your breach of the Terms of Use; or (3) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. SmartSitting reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

No Unlawful or Prohibited Activity.

As a condition of your use of this Website, you agree not to use the Website for any purpose that is unlawful or prohibited by these terms and conditions. You further agree that you are responsible for your use of and communications on the Website. You agree not to post on or transmit through this Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, violates the privacy rights of others, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site. You agree to use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material.

Shut-down of Website.

SmartSitting reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice or consent. SmartSitting and its affiliates shall have no responsibility or liability for failure to store or delete any Content or User Content submitted to the Web site. If at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. In the event these Terms of Use or your membership or account are terminated the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

Governing Law and Dispute Resolution.

These Terms of Use shall be governed by, and construed in accordance with, the laws of the United States and the State of New York, without giving effect to conflicts of law principles thereof. SmartSitting makes no representations that the material and information on this Website are appropriate or available in all national locations or languages. You agree that any action at law or in equity arising from or relating to the use of this Website or to these Terms of Use shall be brought exclusively in the Federal or State Courts residing in New York. You hereby consent and submit to personal jurisdiction in of such courts for the purposes of any action relating to this Website, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

Severability.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.

No Waiver.

The failure of SmartSitting and its affiliates to enforce any part of these Terms of Use shall not constitute a waiver of such term or provision, and shall not be considered a waiver or limit SmartSitting's right thereafter to insist upon strict adherence to that term or any other provision of these Terms of Use.

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