ENSURE YOU READ THIS AGREEMENT THOROUGHLY
This Agreement is subject to periodical changes and therefore will encompass the guidelines for your use of Nationalprostaff.com services and tools. These changes shall be effective once posted on Nationalprostaff.com. Your use of Nationalprostaff.com, will constitute your agreement to comply with this Agreement, whether you are a “visitor” (using Nationalprostaff.com without registering or becoming a member) or you are a participating “member” (using Nationalprostaff.com with registering as a member). For the remainder of this Agreement the terms “you”, “your”, and “client” will refer to you as a user, visitor, ProStaff, Amateur Pro, company, or general member.
This Agreement, as may be modified from time to time, constitutes legally binding terms and applies to your use of the National Prostaff Services. Any revisions to this Agreement will apply to you and your continued use of National ProStaff. For this reason it is recommended that you review the content of this Agreement regularly to ensure you are familiar with its content. If for some reason you disagree with these terms or any other Applicable Law you must discontinue your use of Nationalprostaff.com immediately.
Utilization of Nationalprostaff.com: Assuming you have agreed to this Agreement, registered, or paid applicable fees for services offered, Nationalprostaff.com will provide you a limited, terminable, personal, non-exclusive license to access and use the services of this website. All rights not specifically outlined in the license set forth, shall be reserved and remain always with Nationalprostaff.com. Therefore, you shall be individually responsible for the supervision, management, and control of your user login and password to access Nationalprostaff.com. It is imperative that you properly logoff or exit Nationalprostaff.com at the end of your session. We are not responsible or liable for any loss or damage to your information or property. If you fail to use our service in accordance with these terms as well as all applicable laws we have the right to, without notice, terminate your access and membership to Nationalprostaff.com and pursue any other measures required to protect our security, the service National Prostaff offers, our partners, clients, companies, ProStaff, Amateur Pros, members, visitors, and the website in its entirety.
First and last names and profile pictures are for personal use only, and not for promotional use of other business or other type of promotional effort. If it is believed that your profile picture is not an image of yourself (human) and your name is not correct or real, Nationalprostaff.com reserves the right to disable your account without notice or refund until you are able to confirm your identity with us. Use of personal account profiles cannot be used for promoting products or business that are not direct sponsors or affiliated companies of Nationalprostaff.com and cannot be used to direct users to other non-affiliate sponsored websites.
Membership Options: As a registered member on the website, you may decide to upgrade your user account to an Amateur Pro which is a premium account for $49.99 (USD) per year (one-time payment) plus any applicable taxes. Amateur Pro accounts have a one-year term and then auto-renew unless cancelled. Cancelation can be made at any time during the one-year term by sending an email to [email protected] to let us know of your decision.
Upon cancellation of an Amateur Pro account, your user account will continue to exist and be converted to a free member account. National Prostaff offers Amateur Pros the ability to have their content posted directly on the homepage and a reduced rate on sponsorship application fees. National Prostaff reserves the right to modify the benefits of the Amateur Pro package and its benefits at any time, without notice or recourse.
Amateur Pros who become sponsored by a registered company on National Prostaff will have their accounts converted to a Prostaff account. Upon conversion of an Amateur Pro account to a Prostaff account, there will be no reimbursement to the user of any fees previously paid to National Prostaff for their Amateur Pro account.
Limitations: When using Nationalprostaff.com you will be responsible for any and all acts that occur under the use of your user login name and password. You shall be responsible for any charges incurred through the use of your login information. Therefore, you shall not partake or engage in any improper use of Nationalprostaff.com. This includes, and is not limited to, using our service to publish any content that: (a) is offensive, racist, portrays hatred or physical harm of any kind against anyone using our service; (b) harasses or advocates harassment of any kind to other persons on our site; (c) involves the transmission of junk mail and spamming or otherwise is an advertisement to, or solicitation of, any member, user or partner to buy or sell any products or services through the website or offline; (d) promotes information that you know is false or dishonest or promotes illegal activities, is threatening, obscene, defamatory or libelous; (e) uses unauthorized copies of another person’s copyrighted work, such as written work, images or videos, or logos, without authorization from the creators; (f) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (g) provides instructional information about illegal activities such as hacking or the creation of viruses; (h) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (i) involves commercial activities without the consent of companies such as advertising or contests; (j) involves the posting or use of any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which may overburden, impair or disrupt Nationalprostaff.com, its servers or networks forming part of, or connected to, Nationalprostaff.com, or which does or might restrict or inhibit any other user's use and enjoyment of the Nationalprostaff.com; or (k) is deemed by Nationalprostaff.com to be in conflict with the intentions of this Agreement. Nationalprostaff.com reserves the right to investigate and take appropriate legal action whenever seen fit, against anyone who is in violation of this Agreement.
Companies/Sponsorship: There is absolutely no guarantee that companies, brands, or businesses will grant members who apply for sponsorship opportunities through Nationalprostaff.com a sponsorship contract. In the event that you do enter into a sponsorship arrangement, you acknowledge that you may not disclose to any third party the information acquired through the services, including, but not limited to, the terms of your contracts. In many cases you will be required to abide by the terms set forth by the sponsoring company when entering into a sponsorship contract. Furthermore, there is no guarantee that you will be offered or given a deal or sponsorship as a result of using the National Prostaff services.
Tenure & Fees: This Agreement will be the foundation of your use while participating in any way on Nationalprostaff.com. It must be known that Nationalprostaff.com reserves the right to terminate and remove your account for any reason, effective upon sending a notice to you at the email provided during your registration. If your account is terminated due to improper use of our service or neglect for this Agreement, you shall not be entitled to any refund or unused balances if applicable. Nationalprostaff.com reserves the right to charge for the service and should a member/user fail to pay for the service, as required by this Agreement we have the right to terminate the user’s account without recourse.
Mobile Network & Cellular Services: Nationalprostaff.com may offer mobile applications in the future. If you use the current services through a mobile device, you agree that information about your use of the services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, and your physical location. You will be responsible for all charges and necessary permissions related to accessing Nationalprostaff.com through your mobile provider. Be sure to check with your cell phone carrier to find out which services are available to you and the terms and fees for those services for your specific mobile device.
NPS Gear Section: Through the Gear section of Nationalprostaff.com, users may browse for goods or services available from participating brands and merchants. These goods or services may be purchased at such merchants’ places of business and/or online stores. Merchants, not Nationalprostaff.com, are the sellers of the goods and services which are advertised within the Gear section of the website, and the merchants are solely responsible for any advertised price, delivery of product or service, or any commitments made in respect thereto. The merchants are fully responsible for all goods and services it provides to you in connection with any sales which may have been advertised or originated through the website (including the quality of the product or service thereof), and any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer related to the purchased or otherwise acquired goods or services. Prostaff on the website who may answer product questions or provide opinions on the products do not necessarily represent the view or opinion of Nationalprostaff.com.
Nationalprostaff.com is not responsible for pricing or quantity errors, description misstatements or misrepresentations, nor is it responsible for fulfilling any offer advertised for a good or service on the website. Nationalprostaff.com shall not be held liable in any manner whatsoever in respect of any good or service displayed, advertised, or promoted on or through Nationalprostaff.com, or any good or service which may have been shared from the website to any other form or fashion of content (e.g. other social media websites, email, print, etc).
Users of the website shall further abide by the Terms and Conditions specific for each of the respective merchants for which he or she may wish to conduct business with or place an order of good or service.
Remedies: You hereby acknowledge that if National Prostaff, in its sole discretion, determines you to be in breach of these Terms and Conditions, National Prostaff may restrict, suspend, or terminate your access to all or any part of the website or terminate your membership with or without notice. Termination hereunder shall be without prejudice to any other right or remedy to which National Prostaff may be entitled hereunder or at law. Nationalprostaff.com has full discretion in managing the content posted on its website and may alter, replace, or remove any content it deems appropriate without notice or recourse
Payment: This section will only apply if you elect to make payments on Nationalprostaff.com with a credit card. You hereby authorize Nationalprostaff.com and/or its payment processor to charge all amounts owed as a result of your use of our services to the credit card you provide. You assume all responsibility for notifying us of changes in credit card numbers and/or expiration dates. We may also require a secondary credit card number to be used if the payment to us by your primary credit card is declined. You are responsible for ensuring that the credit card information you provide is true, complete, and accurate. You will be responsible for all charges incurred through your use of our site. Payments are non-refundable under all circumstances and are only subject to review if questions regarding a charge is brought to our attention within 30 days of payment.
Taxes: You are solely responsible for payment of all sales and other taxes arising from your purchases on Nationalprostaff.com. Taxes will be assigned based on the rates of where the purchase originates and will be calculated during the payment checkout process.
Non-Commercial Use: Nationalprostaff.com will not accept any commercial endeavours except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of Nationalprostaff.com, including collecting usernames and/or email addresses of members, companies, or brands by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Nationalprostaff.com are strictly prohibited. Except as effected or permitted by Nationalprostaff.com, all advertisements, unsolicited mailings or advertisement to, or solicitation of, any member, company, or brand to buy or sell any products or services through the website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from profiles if they conflict with the intent of our service and the user/member’s account will be removed. To protect our members, clients, and partners from unauthorized advertising or solicitation, we reserve all rights, including, for example, to restrict the number of communications sent on or through Nationalprostaff.com. If you are responsible for unsolicited communications in violation of this Agreement, you acknowledge that a fee of upwards of $1,000 CAD may apply for each act. Appropriate legal action will be taken by Nationalprostaff.com for any illegal or unauthorized use of our service. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on Nationalprostaff.com at any time without notice.
Content: The content, organization, graphics, design, compilation, and other matters related to the National Prostaff services are protected under applicable Canadian and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. “National Prostaff” our logos and others marks are either trademarks or registered trademarks of National Prostaff. National Prostaff exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the National Prostaff Services, and all modifications and derivative works thereof, and all intellectual property rights related thereto. You shall not challenge, contest or otherwise impair National Prostaff’s ownership of the National Prostaff Services and the content therein or the validity or enforceability of National Prostaff’s intellectual property rights related thereto. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the National Prostaff Services at any time without notice.
You understand and agree that Nationalprostaff.com may, but is not required to, review and delete any content, news, messages, applications for sponsorship, photos, videos, comments, blogs or profiles (collectively, “content”) that in the sole judgment of Nationalprostaff.com violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any member or partner. You are solely responsible for the content that you publish or display (hereinafter, “post”) on the website or any material or information that you transmit to other members and sponsors. By posting content on any public area of Nationalprostaff.com, you automatically grant as well as represent and warrant that you have the right to grant to us, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and that we have the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You also understand and agree that using Nationalprostaff.com may involve bugs, errors, problems, or other limitations at any time. We shall be in no way liable for your use of Nationalprostaff.com. We do not guarantee any specific uptime service level to any of our members of clients. We also in no way guarantee the information is accurate or true as it is provided by members on our site.
Copyright Policy: No materials published on our website may be downloaded, distributed, reproduced, or posted in any form without our written permission. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of National Prostaff or any third party. Without limiting the foregoing, if you suspect that your original work has been copied or comprised on our website and is in direct violation of any copyright infringements, you may provide us with a description of the copyrighted work and a description of where the material is being hosted. We will take actions to resolve this type of occurrence.
Uploads to Nationalprostaff.com: As a user of the website, you are responsible for the information and content you post. Your profile may include personally identifiable items including, but not limited to, last names, age, email addresses, telephone numbers and location. This information is not visible to others unless you are submitting your profile to a company or brand for sponsorship. Avoid including any personally identifiable information outside your profile which you are not comfortable with making public. We reserve the right to reject or remove any profile, sponsorship application, or posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of Nationalprostaff.com for any or no reason, with or without prior notice, and without liability or recourse.
Consumer Protection Laws: Nationalprostaff.com has some business services and applications of which are commercial rather than consumer oriented. In accepting this Agreement you recognize that by applicable law consumer protection laws do not apply.
Protection: You hereby guarantee and hold Nationalprostaff.com, its suppliers, partners, affiliates, subsidiaries, licensors, licensees, operational service providers, advertisers, officers, users, fellow members, employees, directors, shareholders, and other stakeholders of the company harmless against all damages, claims, liabilities, losses and other expenses, including without limitation reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that arise out of or relate to (a) your use of our service, (b) your breach of this Agreement; (c) any disputes you may have with other members, users, or companies participating in using the website.
Indemnification: Client shall indemnify and hold harmless National Prostaff Inc. (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) incurred by National Prostaff Inc. as a result of any claim, judgment, or adjudication against National Prostaff Inc. related to or arising from (a) the provision of the service, including but not limited to (i) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Client or its brand ambassadors to Nationalprostaff.com (collectively herein referred to as the "Client Content"), or (ii) a claim that NationalProStaff's use of the Client Content infringes the intellectual property rights of a third party and (b) any breach by the Client of the Terms and Conditions set out in this Agreement.
Disclaimers: your access to, use of and reliance on Nationalprostaff.com and content accessed through Nationalprostaff.com is entirely at your own risk. Nationalprostaff.com (including, without limitation, the websites, programs, services, forums and content accessed through the websites, programs, services and forums) is provided on an "as is" or "as available" basis without any warranties of any kind. All express and implied warranties (including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights) are expressly disclaimed.
Without limiting the foregoing, Nationalprostaff.com also disclaims all warranties for or with respect to: (a) the security, reliability, timeliness, accuracy and performance of Nationalprostaff.com and content accessed through Nationalprostaff.com; (b) computer worms, viruses, spyware, adware and any other malware, malicious code or harmful content or components accessed, received or disseminated through, related to or as a result of Nationalprostaff.com or content accessed through Nationalprostaff.com; (c) any transactions or potential transactions, goods or services promised or exchanged, information or advice offered or exchanged, or other content, interactions, representations or communications through, related to or as a result of use of Nationalprostaff.com or content accessed through Nationalprostaff.com (including, without limitation, accessed through any links on Nationalprostaff.com or in content).
These disclaimers shall apply to the fullest extent permitted by law.
Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
Nationalprostaff.com and the Nationalprostaff.com representatives shall under no circumstances be liable for any access to, use of or reliance on Nationalprostaff.com or content accessed through Nationalprostaff.com by you or anyone else, or for any transactions, communications, interactions, disputes or relations between you and any other person or organization arising out of or related to Nationalprostaff.com or content accessed through Nationalprostaff.com, including but not limited to liability for injunctive relief as well as for any harm, injury, loss or damages of any kind incurred by you or anyone else (including, without limitation, direct, indirect, incidental, special, consequential, statutory, exemplary or punitive damages, even if Nationalprostaff.com or any Naionalprostaff.com representative has been advised of the possibility of such damages). This limitation of liability applies regardless of, but is not restricted to, whether the alleged liability, harm, injury, loss or damages arose from authorized or unauthorized access to or use of Nationalprostaff.com or content accessed through Nationalprostaff.com; any inability to access or use Nationalprostaff.com or content accessed through Nationalprostaff.com; or any removal, deletion, limitation, modification, interruption, suspension, discontinuance or termination of Nationalprostaff.com or content accessed through Nationalprostaff.com.
These limitations shall also apply with respect to damages resulting from any transactions or potential transactions, goods or services promised or exchanged, information or advice offered or exchanged, or other content, interactions, representations, communications or relations through, related to or as a result of Nationalprostaff.com or content accessed through Nationalprostaff.com (including, without limitation, any links on Nationalprostaff.com and links in content accessed through Nationalprostaff.com).
You hereby release Nationalprostaff.com and each of the Nationalprostaff.com representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, employees, and officers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to Nationalprostaff.com or content accessed through Nationalprostaff.com, or any interactions with others arising out of or related to Nationalprostaff.com or content accessed through Nationalprostaff.com.
These limitations shall apply to the fullest extent permitted by law.
Force Majeure: Nationalprostaff.com shall not be held liable for any default or delay in the performance of its obligations under any Agreement which may in place with its Clients the extent such default or delay is caused, directly or indirectly, by reason of fire, earthquake, labor dispute (other than labor disputes of such party or its independent contractors and its employees), act of God, acts of terrorism, or any local, state, federal, national or international law, governmental order or regulation or any other event beyond a party’s reasonable control.
Links/Other Resources on Nationalprostaff.com: The website may contain links to other websites, services, or resources, and therefore you agree that your use of such links is solely at your own risk and that any concerns regarding such services or resources should be directed to the particular outside service or resource provider.
Disputes: Your interactions, communications or contracts with any other member, user, sponsor, brand, or company that you connect with on Nationalprostaff.com will be between you and them, and are your sole responsibility. We reserve the right, but have no responsibility, to monitor or become involved in disputes between you and such other members, companies, users or partners. If you have such a dispute, you release us and our suppliers, partners, affiliates, subsidiaries, licensors, licensees, operational service providers, advertisers, officers, users, fellow members, employees, directors, shareholders, and other stakeholders of the company from all claims, demands and damages actual and consequential, know or unknown, arising from a dispute.
Jurisdiction: Any and all claims, causes of action or disputes (regardless of theory) between you and Nationalprostaff.com arising out of or related to your use Nationalprostaff.com.com, content accessed through Nationalprostaff.com, or services provided by Nationalprostaff.com shall be governed by the laws of Ontario without regard to conflict or choice of law principles. You agree that any such claims, causes of action or disputes shall be determined by binding arbitration conducted by a single arbitrator under the rules of the ADR Institute of Ontario. The parties agree that the decision of the arbitrator will be final and binding and will not be subject to appeal on a question of fact, law or mixed fact and law.
Right of Authority: If you are entering into this Agreement on behalf of another entity, you represent and warrant that you have the authority from your respective governing body to enter into this Agreement and to bind your respective company to all the terms and conditions of this Agreement.