Terms of Use

Welcome to Technology Staffing Solutions, Inc. ("TSS") and our website, TssCorp.com ("Site"). By accessing or using our Site in any way, you agree to be bound by the terms and conditions of use of the Site set forth herein as well as other terms, conditions or notices on this Site, including without limitation, the TSS Privacy Policy, all without modification. The services offered on our Site include providing a collaborative global marketplace for the rapid exchange of information technology services between buyers and suppliers to encompass the entire IT service procurement process - from the solicitation to fulfillment, as well as enabling an open and collaborative network amongst community participants including industry and supplemental resources to bring maximum information and efficiencies to your procurement process ("Service").

Use Limitation and Prohibited Use

You may access, download and print documents (such as white papers, press releases, datasheets and FAQs (collectively, "Documents")) from this Site provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Site is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, (3) no modifications of any Documents are made, and (4) copyright, trademark and other proprietary notices are not removed. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or resell any Document, information, products or services from this Site. Violators will be prosecuted to the maximum extent possible.

Proprietary Rights

Documents specified above do not include the design or layout of the TSS Site or any other site owned, operated, licensed or controlled, whether directly, indirectly, in whole or in part by TSS ("TSS Websites"). All materials and elements of TSS Websites, including without limitation, any logo, graphic, sound or image (as well as the organization and layout of the Site) (collectively, "Materials") are owned and copyrighted by TSS or its affiliates, partners and suppliers, and are protected by copyright, trademark, trade secret, trade dress and other laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or resell any Materials, information, products or services from this Site or any other TSS Websites. Violators will be prosecuted to the maximum extent possible.

By uploading or submitting any materials to us, you automatically grant us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or include such materials into any form, medium or technology now known or later developed throughout the universe for use by TSS and on the Site. In addition, you agree to waive what are called moral rights in these materials.

Changes to Our Site

THE DOCUMENTS, MATERIALS, GRAPHICS, DATA, INFORMATION, PRODUCTS AND SERVICES PUBLISHED ON THIS SITE COULD INCLUDE INACCURACIES OR ERRORS. TSS AND ITS AFFILIATES, PARTNERS OR SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN ANY OR ALL DOCUMENTS, MATERIALS, GRAPHICS, DATA, INFORMATION AND SERVICES AT ANY TIME, WHICH IMPROVEMENTS OR CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING, OR MAY TERMINATE THIS SITE WITHOUT NOTICE.

Relationships on Our Site

TSS does not control the relationships or transactions, whether actual or potential, between users and Subscribers (as defined below) of the TSS Site. Our Site is intended to be used by Subscribers. As used in these Terms of Use, a "Subscriber" means an individual or entity that deals in goods or services, or holds itself out as having knowledge or skill peculiar to the practices, goods or services involved in the transaction, or an individual or entity to which such knowledge should be attributed. Subscribers may include, but need not be limited to, buyers, suppliers, industry experts or industry associations who register to use the Service on our Site. Users and Subscribers decide, in their sole discretion, whether they want to do business with each other. TSS does not set or endorse the price, fees, costs contract terms or conditions, quality, safety, performance conformity or legality of the products and services advertised or offered by Subscribers, the ability of users to sell or offer products or services, or the ability of users to pay for products or services. TSS cannot and does not control whether transactions between users and Subscribers will be completed. TSS is not responsible for payments or collections for such transactions made on this Site.

No Warranties

TSS AND ITS AFFILIATES, SUPPLIERS OR PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS, MATERIALS, GRAPHICS, OR ANY OTHER DATA, INFORMATION, PRODUCTS OR SERVICES PUBLISHED ON THIS SITE FOR ANY PURPOSE. ALL INFORMATION, INCLUDING BUT NOT LIMITED TO DOCUMENTS, MATERIALS, GRAPHICS, DATA, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TSS AND ITS AFFILIATES, SUPPLIERS OR PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE INFORMATION CONTAINED IN THE DOCUMENTS, MATERIALS AND ITS OR THEIR RELATED GRAPHICS, OR ANY OTHER DATA, INFORMATION, PRODUCTS OR SERVICES PUBLISHED ON THIS SITE, OR OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF TITLE, VALUE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES WITH RESPECT TO ANY USER AND/OR SUBSCRIBER, THE QUALITY OR RELIABILITY OF ANY USER’S OR SUBSCRIBER'S PRACTICES, PRODUCTS OR SERVICES, AND WHETHER YOU SHOULD DO BUSINESS WITH ANY USER OR SUBSCRIBER.

TSS cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Site, will be free of infection or viruses, worms, trojan horses or other code or defects that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of lost data.

Liability Disclaimer

TSS, its affiliates, officers, directors, shareholders, employees, representatives and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Documents, Materials, graphics, data, information, products, services or other material on this Site. While TSS strives to keep the information on this Site accurate, complete and up-to-date, TSS cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of any of the foregoing.

IN NO EVENT SHALL TSS, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES OR AGENTS, AND/OR ITS OR THEIR RESPECTIVE PARTNERS AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARTSSNG OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY DOCUMENTS, MATERIALS, GRAPHICS, OR OTHER DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARTSSNG OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Links to Third Party Sites

THIS SITE MAY CONTAIN HYPERLINKS THAT WILL ALLOW YOU LEAVE TSS'S SITE TO WEB SITES OPERATED BY PARTIES INDEPENDENT FROM TSS. THE LINKED SITES ARE NOT UNDER THE CONTROL OF TSS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. TSS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY TSS OF THE SITE. YOUR ACCESS AND USE OF SUCH SITES, INCLUDING INFORMATION, MATERIAL, PRODUCTS AND SERVICES THEREIN SHALL BE SOLELY AT YOUR OWN RISK.

Indemnification and Disputes

You agree to indemnify, defend and hold harmless TSS, its officers, directors, employees, agents, business partners and suppliers from any and all liability, claims, demands, suits, damages, costs or expenses, including without limitation, reasonable attorney’s fees, including without limitation, loss or damage to property of any person or personal injury or death of any person, arTSSng out of or incident to your purchase, sale, ownership, transfer, possession, control, use of, or maintenance of any Documents, Materials, property, data, information, product or service available on or in connection with our Site, whether before, during or after your use of our Site.

In the event that you have a dispute with one or more users or Subscribers of the Site, you agree to release TSS, its affiliates and its or their officers, directors, employees and agents from any and all claims, demands, liabilities and damages (direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arTSSng out of or in any way connected with such dispute.

Trademarks

TekStaff and TssCorp.com are servicemarks of TSS. All other company, product, and brand names are trademarks of their respective owners. The names of companies, products, people, characters and/or data, if any, mentioned herein are fictitious and are in no way intended to represent any real individual, company, product or event, unless otherwise noted.

Modification of Agreement

TSS may modify these Terms of Use (or any portion or component thereof, by (a) posting the new terms and conditions on the Site in the same location as the previous terms and conditions were posted, and (b) informing users of the modification via a general notice on the Site.

Jurisdictional Issues

This Site is controlled and operated by TSS from its offices within the State of Arizona, United States of America. TSS makes no representation that materials in this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are, applicable.

Applicable Laws

This Site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Arizona, by accessing this Site both you agree that the statutes and laws of the State of Arizona, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this Site.

Export Controls

If applicable, software available on the Site is subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the software, you are agreeing to the foregoing and you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Contact Information for Reporting Infringements

If you find material on our Site that contains a copyright infringement, please send a detailed report of it to the address below. TSS will make every effort to investigate the reported infringement.

Technology Staffing Solutions, Inc.
9380 E Bahia Drive, Suite A202
Scottsdale, AZ 85260
Attention: Legal Department

Or send email to CustomerService@TssCorp.com.

Termination

These Terms of Use are effective until terminated by TSS. You may terminate these terms at any time by destroying all (a) materials obtained from this Site and any and all TSS Sites; (b) all related documentation; and (c) all copies and installations thereof, provided, however, notwithstanding any such termination, you shall continue to be bound by these Terms of Use. These Terms of Use will terminate immediately without notice from TSS if, in TSS’s sole discretion, you fail to comply with any provision of these Terms of Use. Upon termination, you must destroy all materials obtained from this Site and any and all other TSS sites and all copies thereof.

Rules for Chatrooms, Bulletin Boards and Other User Supplied Material

This Site may have an area which allows you to "chat" or upload and download materials. When using any of these areas, you are prohibited from any posting, sending, transmitting, uploading or otherwise publishing through this Site, any materials that (1) interfere with anyone else’s use of the Site; (2) are abusive, illegal, indecent, obscene, offensive or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone’s copyright or other property right; (5) interfere with the privacy of any other use; (6) contain a virus or other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on this Site or any subsite within the Site or any other TSS Website.

Attorney's Fees

In the event that TSS brings a suit against the user for the interpretation or enforcement of these Terms of Use, the prevailing party shall be entitled to obtain reimbursement from the non-prevailing party for all costs and expenses, including, without limitation, attorneys' fees and disbursements, incurred by the prevailing party.

Privacy and Security Policy

Our current privacy and security policies are incorporated herein by reference, and may be accessed through the "Privacy Policy" link at the bottom of each page of our Site. Please be aware that TSS reserves the right to take any action we deem necessary or appropriate in our sole discretion if TSS believes a user's actions are unlawful in any manner or may create liability for TSS or our users or business partners.

Terms and Conditions

These Terms of Use constitute the entire agreement between you and TSS, and supercede any prior agreements or communications, if any, between you and TSS. These Terms of Use may not be amended or modified, nor may any right or remedy of any party be waived, unless the same is in writing and signed by a duly authorized representative of such party.

If the scope of any provision of these Terms of Use are too broad in any respect whatsoever to permit enforcement to its full extent, then such provTSSon shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provTSSon shall not thereby fail, but that the scope of such provTSSon shall be curtailed only to the extent necessary to conform to law. Any term or condition which is invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provTSSons of these terms and conditions or affecting the validity or enforceability of any of the terms or provTSSons hereof in any other jurisdiction.

Force Majeure

TSS will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by Internet outages, earthquakes, communications outages, fire, flood, war, an act of God, or the occurrence of any other unforeseen contingency beyond the reasonable control of TSS.

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