NABORFORCE SERVICE PROVIDER AGREEMENT
Welcome to the Naborforce Platform (the “Platform”), which is owned and operated by Naborforce, Inc. (“Naborforce” or “we, us, or our”) with offices at 3015 W Moore St #101, Richmond, VA 23230. To participate as a service provider, you must agree to be bound by all of the terms of this Provider Agreement (“Agreement”). If you do not agree to these terms and conditions, you are not authorized to access or use this website, mobile application, or call in service.
Please print and keep a copy of this Agreement. Naborforce may, from time to time, change the terms of this Agreement. It is your responsibility to review these terms each time you use this website and the Platform.
Access
You are eligible to participate in the Platform because you are an independent service provider of Naborforce (a “Nabor”). Subject to the terms contained herein, Naborforce hereby grants you a limited right to access and use the Platform. You agree that you will use the Platform only in accordance with the terms of this Agreement, applicable law, and any additional rules, policies and procedures established by Naborforce for use of the Platform. By signing up and using the Platform, you represent and warrant that all information provided by you to Naborforce in connection with this Agreement, including in the process of signing up for the Platform, and as you may be requested to confirm or update from time to time, is true, accurate and complete. You are responsible for installing and maintaining all equipment and systems necessary to access the Platform and for paying all charges related thereto.
Independent contractor
You understand that this Agreement is for an independent contractor relationship with Naborforce. Neither this Agreement nor any other verbal or written communication is, nor should it be considered to be, an agreement or contract of employment, express or implied, or a promise of treatment in any particular manner in any given situation, nor does it confer any contractual or employment rights whatsoever.
You shall be solely responsible for all taxes arising from compensation and other amounts paid under this Agreement and shall be responsible for all payroll taxes and fringe benefits. No federal, state, local income tax, or payroll tax of any kind, will be withheld or paid by Naborforce on your behalf. You understand that you are responsible to pay, according to law, your taxes and you shall, if requested by Naborforce, properly document to Naborforce that any and all federal and state taxes have been paid. You may be issued a Form 1099 at the end of the tax year. You shall hold Naborforce harmless for any claims related to late or non-payment of said taxes.
You agree that you are not entitled to the rights or benefits afforded to Naborforce’s employees. You will not be eligible for, and shall not participate in, any employee pension, health, welfare, or other fringe benefit plan of Naborforce. No workers’ compensation insurance shall be obtained by Naborforce covering you or your employees. You are responsible for providing, at your own expense, disability, unemployment, and other insurance, workers’ compensation, training, permits, licenses, and any other requirement for yourself.
You shall not take any actions on behalf of Naborforce or in Naborforce’s name. You shall not at any time represent that you are employed by Naborforce, or that you are authorized to make any contracts, agreements or obligations on behalf of Naborforce or any of its affiliates. You shall not use the names, logos, and any variation thereof, of Naborforce or its affiliates or subsidiaries, in connection with any of your business or operations without the prior written approval of Naborforce and then only in the manner approved.
You may represent, perform services for, and contract with as many additional clients, persons, or companies as you, in your sole discretion, see fit, provided those services do not pose a conflict of interest with the services performed for Naborforce. You acknowledge that this is a non-exclusive engagement, and that Naborforce retains the right to appoint additional contractors as Naborforce, in its sole and absolute discretion, may from time to time determine to be in the interests of Naborforce without liability or obligation to you.
You are free to select the times you wish to access the Platform. You are free to select the dates and time periods in which you may be assigned to a visit with a client. You are free to accept, reject, or ignore any particular request, assignment, or opportunity made available to you through the Platform during the times and dates that are outside of your selected date and time periods. You may not reject a visit assignment that is within your provided availability. If you must cancel a visit, Naborforce keeps a record of your cancellations. Cancelling visits at a rate above our community standard may result in your removal from the platform. You have the sole right to control the manner and means by which you serve as a Nabor through the Platform, so long as you obey applicable law and comply with the terms of this Agreement. You are engaging Naborforce to provide you access to the Platform, which will permit you to serve as a Nabor.
You possess and are solely responsible for all tools, vehicles, and equipment, including mobile telephone, modes of transportation, etc. (collectively “Equipment”) necessary to serve as a Nabor. You are responsible for all costs and expenses that you may incur as a Nabor, including, but not limited to, traffic tickets, tolls, parking fees, inspections, insurance, and any costs related to Equipment; provided, that, to the extent such costs and expenses are reimbursable, the client will reimburse you for these costs and expenses through the Platform. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment. You understand and agree that you are not required at any time to wear or use any clothing or equipment provided by or bearing Naborforce’s name or logo; or to purchase, lease, or rent any products, equipment, or services from Naborforce.
Naborforce policies for independent contractors
You agree to be bound by the terms and conditions of any Independent Contractor Policies of Naborforce as may be in effect from time to time, including but not limited to Naborforce’s anti-discrimination policy, the Naborforce Way policy, anti-sexual harassment policy, and background check policy, along with any other similar policies that Naborforce may put into effect from time to time governing your use of the Platform and performance of services as a Nabor.
Such policies are intended to supplement this Agreement and are subject in all respects to the terms of this Agreement. In the event of any direct conflict between the terms of Naborforce’s such policies and this Agreement, the terms of this Agreement shall control unless specified otherwise herein.
Neither the policies nor any other verbal or written communication is, nor should it be considered to be, an agreement or contract of employment, express or implied, or a promise of treatment in any particular manner in any given situation, nor does it confer any contractual or employment rights whatsoever.
Nabor representations and warranties
You represent and warrant that you are qualified to perform services as a Nabor in connection with the Platform and all such services will be performed in a professional, timely, and workmanlike manner without the advice or direction of Naborforce. You represent and warrant that you are, to the extent applicable, licensed, bonded, insured, and meet all other legal requirements put forth by all federal, state, county, and local governmental authorities to perform your obligations hereunder and you shall maintain all such qualifications. You represent and warrant that you have the right to enter into this Agreement and there are no agreements or arrangements, whether written or oral, that you would breach upon agreeing to this Agreement or that would impair or prevent you from serving as a Nabor and participating in the Platform. You represent and warrant that you hold sufficient liability insurance, workers compensation insurance, and motor vehicle insurance as applicable.
Transportation requirements
You shall (a) own a personal motor vehicle registered and insured in your name or which you are fully authorized and insured to operate; (b) operate your motor vehicle in a safe manner and abide by all federal, state, and local motor vehicle regulations, laws, and ordinances; (c) ensure your vehicle is maintained in a safe driving condition; (d) maintain a valid state driver’s license, and (e) maintain automobile insurance for death, bodily injury, and property damage coverage that meets or exceeds minimum state requirements. It is your decision whether you should obtain insurance in excess of minimum requirements, and we recommend that you consult with your insurance provider in making this decision.
You agree to deliver to Naborforce, upon request, up-to-date certificates of insurance as proof of coverage. You agree to make available updated certificates each time you purchase, renew, or alter your insurance coverage. You also agree to give Naborforce at least thirty (30) days’ prior written notice before cancellation of any insurance policy required by this Agreement.
Naborforce will review your motor vehicle history at least once per year, and from time to time as Naborforce deems appropriate. Your ability to participate in, access, or use the Platform and serve as a Nabor is contingent upon your consent to ongoing background and motor vehicle history checks which at minimum will be conducted and reviewed by Naborforce on an annual basis.
While driving, use of a cell phone or other device for phone calls or GPS should be limited and at all times must be hands free only and in compliance with applicable state and federal law. Using a cellphone or other device for any other purpose, including texting, email, streaming, or using the Internet, is strictly prohibited.
You shall notify Naborforce immediately upon the occurrence of any motor vehicle accidents and as soon as you have knowledge of the suspension, revocation, or expiration of your driver’s license. Failure to do so may result in the automatic termination of your role as a Nabor.
When driving as a Nabor or when a Naborforce client is in your motor vehicle, you are prohibited from having family members, friends, animals, or other persons in your vehicle.
Security and Passwords
Access to certain portions of the Platform is enabled only by usernames and passwords. You must maintain your username and password in strict confidence. In no event will you share your username or password with any third party or allow another person to access the Platform using your username and password. You shall notify immediately Naborforce if you have any reason to believe that your username or password has been lost or compromised or misused in any way. You are fully and solely responsible for any and all use of the Platform via your username and password. Naborforce reserves the right to revoke or deactivate your username and password at any time.
Acceptable Use
You agree not to access or use the Platform in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes this Agreement. Without limiting the foregoing, you agree that you will not post, use, transmit or store (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others, including those of Naborforce and its vendors and affiliates; or (d) in a way that might disparage Naborforce, its employees, officers, directors, suppliers, vendors, agents, or other independent contractors. You agree that you will not attempt to disrupt the operation of the Platform by any method, including, without limitation, through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Platform in any manner that could damage, disable or impair our services or networks. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Platform for any purpose. You shall not circumvent Naborforce in any way by serving clients or members outside the Naborforce platform, whether or not under color of serving through or for Naborforce.
Non-Disclosure and Confidentiality
In using the Platform, you may have access to confidential information of Naborforce and its licensors, suppliers, clients, and other parties (“Confidential Information”) that may include, but is not limited to, software, codes, technology, logic, techniques, formats, tools, designs, concepts, methods, processes, ideas, functional specifications, technical materials and information, intellectual property, and related documentation and ideas, whether expressed in written, verbal, image, electronic or other form.
You agree to maintain and safeguard vigilantly the privacy and security of all Confidential Information. You shall implement and maintain appropriate administrative, physical, technical, and procedural safeguards to protect the confidentiality, integrity, and availability of all Confidential Information, to protect against reasonably anticipated threats or hazards, and to prevent use or disclosure of Confidential Information other than as permitted by this Agreement or required by an order of a court of law. Such safeguards shall comply with all applicable federal, state, and local requirements and with security measures and controls that may be required from time to time by Naborforce and its licensors and suppliers.
Without limiting the foregoing, you agree to undertake all necessary measures to ensure the privacy and security of all Confidential Information, including, without limitation: (i) to use the Platform and the Confidential Information only as needed to perform your responsibilities as a Nabor; (ii) not to access, use or disclose any Confidential Information that you have no legitimate authorization to access, use or disclose; (iii) to restrict physical and system access to the equipment which contains Confidential Information or which gives access to the Platform (such as by diligently locking and monitoring office premises and requiring password verification to gain access to desktop computers, mobile devices and any other device used to access the Platform or information regarding the Platform, including Confidential Information); and (iv) implementing all required policies and procedures to ensure compliance with applicable state law.
You immediately shall notify, and cooperate fully with Naborforce in the event that you discover or suspect: (a) any unauthorized use of or access to the Platform; (b) any inappropriate use or disclosure of information contained in or obtained through use of the Platform; or (c) the recognition or introduction of any virus, worms, trojan horses and other destructive items, or attempts to reveal, identify, or misappropriate Confidential Information.
Non-Circumvention
You agree not to use the Confidential Information to (a) directly or indirectly initiate, solicit, negotiate, contract or enter into any business transactions, agreements or undertakings with any such member or third party identified or introduced by Naborforce or its affiliates; or (b) seek to bypass, compete with, avoid or circumvent Naborforce from any business opportunity that relates to the Platform by using the Confidential Information or by otherwise exploiting or deriving any benefit from the Confidential Information.
Notification
You agree to notify Naborforce immediately in writing in the event of any conviction of or plea of nolo contendere of a felony, or any conviction of a misdemeanor. You agree to notify Naborforce immediately in writing if you become aware of any adverse event involving a health or safety incident involving a client or other third party with whom you interact in connection with providing a service or using the Platform. You also agree to notify Naborforce immediately in writing if you become aware of any adverse event arising out of any conversation, advice or service rendered by you within the Platform or if you have been named in any claim or suit arising out of any conversation, advice or service rendered by you in your use of the Platform.
Termination
Naborforce may suspend or terminate your access to the Platform at any time, for any reason or for no reason. Naborforce has the right (but not the obligation) to refuse to provide access to the Platform to any person, agency or organization, or to prohibit any person, agency or organization from using the Platform, at any time, for any reason or for no reason, in Naborforce’s sole discretion.
Naborforce reserves the right to change, suspend, or discontinue all or part of the Platform, temporarily or permanently, without prior notice. Naborforce reserves the right to delete or change any username or password at any time, for any reason or for no reason.
You acknowledge and agree that the obligations relating to Confidential Information under this Agreement will continue after termination of this Agreement and termination of access rights hereunder.
Intellectual Property
All of the content available on or through the Platform is the property of Naborforce or its licensors and is or may be protected by copyright, trademark, patent, trade secret and other intellectual property law. We give you permission to display, download, store and print the content only for your personal, non-commercial use, and to use in your use of the Platform as a Nabor. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Platform to anyone, including but not limited to others in your organization. Any copy made of information obtained through the Platform must include the copyright notice. All software and accompanying documentation made available for download from the Platform is the copyrighted work of Naborforce or its licensors.
All Naborforce trade and service names, including, but not limited to “Naborforce,” are trademarks of Naborforce, Inc. All other brands and names are the property of their respective owners. Nothing contained in the Platform should be construed as granting any license or right to use any trademark displayed on this site without the express written permission of Naborforce or such third party that may own the trademark.
Subject to the terms of this Agreement, Naborforce hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Platform to the extent, and only to the extent, necessary to access and use the Platform.
The license granted herein does not permit you, and you agree not to: (a) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Platform or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Platform; or (b) transfer, distribute, sell, lease, rent, disclose or provide access to the Platform to any third party or use the Platform to provide service bureau, time sharing or other services to third parties.
DMCA Notice
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Web site infringe your copyright, you (or your agent) may send Naborforce a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Naborforce a counternotice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright.
In accordance with the DMCA, Naborforce has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing c/o Naborforce, Inc. 3015 W Moore St #101, Richmond, VA 23230.
Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. Naborforce suggests that you consult your legal advisor before filing a notice or counter-notice.
Links
Areas of the Platform may contain links to other web sites. Please note that when you click on any of these links, you are entering another web site for which Naborforce has no responsibility or control. The inclusion of any link does not imply affiliation, endorsement or adoption by us Naborforce of the linked site or any information contained therein. Please read the terms and conditions, data-gathering practices and privacy policies of all linked sites as they may materially differ from Naborforce’s. You agree that Naborforce is not responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on the Site.
Disclaimers
ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NABORFORCE DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NABORFORCE DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES NABORFORCE MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. NABORFORCE CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.
Limitations of Liability
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING IT. UNDER NO CIRCUMSTANCES SHALL NABORFORCE, ANY OF ITS EMPLOYEES, OFFICERS, AGENTS, DIRECTORS, CONTRACTORS, LICENSORS OR SUPPLIERS OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT. UNDER NO CIRCUMSTANCES SHALL NABORFORCE, ITS LICENSORS OR SUPPLIERS OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY RELEASE AND HOLD NABORFORCE, ITS EMPLOYEES, OFFICERS, AGENTS, DIRECTORS, CONTRACTORS, LICENSORS, SUPPLIERS AND PROVIDERS AND ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
Indemnification
Without limiting the generality or effect of other provisions of this Agreement, as a condition of use of the Platform, you agree to indemnify, hold harmless, and defend Naborforce, and its parents, subsidiaries, affiliates, licensors, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your failure to comply with any applicable laws and regulations; and (ii) your breach of any of your representations, covenants, or obligations set forth in this Agreement. You shall not settle any such claim without the written consent of the applicable Indemnified Party.
Electronic Contracting and Notices
By continuing to use the Naborforce platform, you acknowledge and accept the Naborforce Service Provider Agreement. You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Platform (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the Platform or otherwise through the site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the Platform.
Privacy Policy
Naborforce operates the www.naborforce.com site (the “Site”) and mobile application to provide the Platform.
We are committed to ensuring that your personal information shared over the Site and/or Platform is protected and kept confidential. By accepting this Agreement or providing information to us via our Site, you consent to the use and disclosure of personally identifiable information as outlined in this Agreement or as may be outlined in a separate Privacy Policy accessible via the Platform or provided to you. We may amend our Privacy Policy in the future. In the event changes are made, we will be sure to post changes at the Site and at other places we deem appropriate.
Information Collection
Personal information is information that includes, but is not limited to, identifying data such as name, social security number, address, contact information, as well as information about personal health issues submitted through the Platform. This is the information we aim to protect.
We will only collect information that you voluntarily submit. We know that privacy is of the utmost importance. We vigorously believe in keeping confidential any and all personally identifiable information that identifies an individual whether or not it relates to an individual’s past, present, or future physical or mental health condition.
We collect information solely for the purposes of providing the Platform, marketing and promoting our Platform to you and for market research data.
We assume you are giving consent to this information collection and use, but we also give you the opportunity to “opt out” of receiving direct marketing or market research information by emailing us at [email protected].
We maintain web logs to record data about all visitors who use this site and interact with the Platform and we will store this information. These logs may contain IP address information, types of operating system you use, the date and time you visited the site, and information about the type of device you use to connect to the Platform, and other information.
All web logs are stored securely and are accessible to a very limited number of employees and contractors, who have to adhere to strict guidelines regarding user data security and privacy.
Security of Information Collected
We use account information in a password-protected environment as a security measure to protect your data. We use administrative, physical and technical safeguards to protect data. Our Site and the Platform use industry standard SSL encryption to enhance security of electronic data transmissions. In addition, we urge you to take precautionary measures in maintaining the integrity of your data.
Please be responsible in making sure no one can see or has access to your personal account and log-in/password information. If you use a public computer, e.g., at a library or a university, always remember to log out of the Site or Platform.
If you use our Site or Platform through your employer’s computer network or through an internet café, library or other potentially non-secure internet connection, such use is at your own risk. It is your responsibility to check beforehand on your employer’s or such other site’s privacy and security policy with respect to Internet use.
We are not responsible for your handling, sharing, re-sharing and/or distribution of your personal health information. Moreover, if you forward personal health information electronically to another person on or off the Site or Platform, we are not responsible for any harm or other consequences from third party use or resharing of your information.
Self-review of Data and Ability and Ability to Delete Your Account
You may request to delete any personal information and to de-authorize the collection of personal information in the future by sending us an email at [email protected] .
Third Party Sites/Trusted Relationships
Our Site contains links to other sites. We do not share your personally identifiable information with those sites (unless you specifically authorize such sharing) and are not responsible for their privacy procedures. We seek to work with trusted partners and organizations that will adhere to similar privacy and ethical standards. However, we encourage you to learn their particular privacy policies.
We disclose personally identifiable information about you as required or permitted by law, including complying with legal process (for example, we may disclose your information as necessary to comply with an authorized civil, criminal or regulatory investigation). We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities and may, in our sole discretion, disclose personal information or other information to satisfy any law, regulation, subpoena, or government request. We reserve the right to release personal information or other information about users who we believe are engaged in illegal activities or are otherwise in violation of our Terms of Use, even without a subpoena, warrant or court order, if we believe, in our sole discretion, that such disclosure is necessary or appropriate to operate our web site or to protect our rights or property, or that of our affiliates, or our officers, directors, employees, agents, third-party content providers, suppliers, sponsors, or licensors. We also reserve the right to report to law enforcement agencies any activities we reasonably believe in our sole discretion to be unlawful. If we are legally compelled to disclose information about you to a third party, we will attempt to notify you by sending an email to the email address in our records unless doing so would violate the law or unless you have not provided your email address to us.
Children
We do not knowingly allow individuals under the age 18 to create accounts that allow access to our Site or Platform. You may not use the Platform if you are under the age of 21.
Media Consent and Release
By signing this Agreement, you grant Naborforce and its respective licensees, advertising agencies, promotion agencies, and fulfillment agencies, and the employees, shareholders, officers, directors, managers, members, representatives, photographers, and agents of each and all of them (collectively “Authorized Persons”) the absolute right and unrestricted permission to photograph, record, reproduce, transmit, telecast, create, publish, and otherwise use in any manner your likeness, legal name or fictitious name, quoted remarks, testimonials, interviews, audio recordings, photographs, and video recordings, in which you may be included in whole or part, and as well as any copies, reproductions, and any other material based upon or derived therefrom (collectively, the “Materials”) in any manner, in any and all media now or hereafter devised, including without limitation, printed materials, television or online broadcasts, and social media posts, for purposes of advertising, trade, display, exhibition, editorial use, illustration, promotion, art, or any other lawful purpose whatsoever without any payment, monetary compensation, or any other consideration.
You consent to participate in the recording or creation of such Materials and waive any right that you may have to inspect or approve the Materials or the manner in which they are used. You also waive any rights in and to the Materials and acknowledge that the Materials are the sole and exclusive property of the Authorized Persons and all right, title, and interest therein shall vest in the Authorized Persons.
You hereby release, discharge, and agree to indemnify and hold harmless the Authorized Persons from (i) any and all claims, demands, liabilities, actions, suits, losses, damages, and costs and expenses (including attorneys’ fees) of any kind whatsoever, that you have or may have arising out of or in connection with the recording, creation, and use of the Materials, and you name in connection with same, and the exercise of any of the rights granted to the Authorized Persons above, including, without limitation, any and all claims for defamation, distortion, alteration, or violation of any privacy, publicity, intellectual property, or any other personal or property rights, and (ii) any and all claims to receive compensation or royalties for or relating to the Materials or use of your name or likeness.
You may opt out of this Media Consent and Release at any time by emailing Naborforce at [email protected].
Miscellaneous
This Agreement shall be governed in all respects by the laws of the Commonwealth of Virginia without regard to its laws or regulations relating to conflicts of laws. In all court proceedings brought in connection with this Agreement, the parties hereto irrevocably consent to non-exclusive personal jurisdiction by, and venue in, the Circuit Court of Richmond, Virginia, and the United States District Court for the Eastern District of Virginia, Richmond Division (to the extent such court has subject matter jurisdiction). Each party waives any right to object to such jurisdiction. Any breach of this Agreement may cause the Company irreparable harm, the amount of which may be difficult to ascertain, and therefore you agree that Naborforce shall have the right to apply to a court of competent jurisdiction for injunctive relief and for such other relief as Naborforce deems appropriate. This right of Naborforce is to be in addition to the remedies otherwise available to Naborforce. In the event of litigation relating to this Agreement, the substantially non-prevailing party as determined in a final, binding, non-appealable judgment by a court of competent jurisdiction shall be liable and pay to the substantially prevailing party the reasonable legal fees and other reasonable costs of litigation incurred by the substantially prevailing party in connection with such litigation, including any appeal.
This Agreement constitutes the sole Agreement between you and Naborforce relating to your use and our provision of the Platform and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or Naborforce. Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole. Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by Naborforce of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. Except as otherwise specifically provided herein, this Agreement may not be modified, supplemented, qualified, or interpreted except in writing signed by the parties.
A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.