Terms of Service

 

Bar and Wait Staff Inc. User Terms & Privacy Policy

 

1. Introduction

Please read this page carefully. It contains the terms and conditions (the “Terms and Conditions”) governing your access to and use of the Bar and Wait Staff Web Site and the Services (as each are defined below) provided by Bar and Wait Staff Inc.  If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Bar and Wait Staff Web Site or Services. These Terms and Conditions are effective as of December 1, 2010.

 

2. Binding Agreement

These Terms and Conditions (as they may be amended from time to time by Bar and Wait Staff), together with your Service Activation Agreement (if applicable), form a binding agreement (the "Agreement") between you and Bar and Wait Staff. Your access to or use of the Bar and Wait Staff Web Site or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.

 

3. Definitions

The following definitions apply to this Agreement.

“Bar and Wait Staff Materials” includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.

“Bar and Wait Staff Web Site” or the “Site” (collectively, the “Bar and Wait Staff Websites” or the “Sites”) means any web site under Bar and Wait Staff’s control, whether partial or otherwise and includes such Site’s Content, Text, Graphics, Design, Programming, Bar and Wait Staff Materials and Services (as applicable in each context).

Content” includes all Text, Graphics, Design and Programming used on the Sites.

Design” includes the color combinations and the page layout of the Sites. "Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Sites.

“Document” refers to any posting to a Site, whether job, profile, or resume.

“Employer” means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.

“Employer Materials” includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.

“Graphics” includes all logos, buttons, and other graphical elements on the Sites, with the exception of paid advertising banners.

“Job Seeker” means a User who is accessing a Site to search for a job or in any other capacity except as an Employer.

“Services” means any services provided by Bar and Wait Staff or its agents described herein and specified more fully in the Service Activation Agreement.

“Text” includes all text on every page of the Sites, whether editorial, navigational, or instructional.

“User” refers to any individual or entity that uses any aspect of the Sites.

“User Terms” is this document which outlines uses of the website.

“You” or “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.

 

4. Accepting the User Terms

In order to use the Services, you must first agree to the User Terms. You may not use the Services if you do not accept the Terms. You can accept the User Terms by:(A) clicking to accept or agree to the User Terms, where this option is made available to you by Bar and Wait Staff in the user interface for any Service; or(B) by actually using the Services. In this case, you understand and agree that Bar and Wait Staff will treat your use of the Services as acceptance of the User Terms from that point onwards. You may not use the Services and may not accept the User Terms if (a) you are not of legal age to form a binding contract with Bar and Wait Staff, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. Before you continue, you should print off or save a local copy of the User Terms for your records.

 

5. Payments and Refunds

Access to some parts of the site requires a fee.  Payments must be made through the site using the provided the payment service, in cash in person, or by money order in person or through mail. All sales are final as there will be no refunds of membership fees already paid.  All fees paid on the website may be recurring by month or year based on your subscription choice. It is your responsibility to cancel your membership if you do not wish to renew it automatically.  Once the subscription has renewed there will be no refunds. You may cancel your subscription at anytime.

 

6. General Use Terms

The Sites are intended for individuals seeking employment, for employers or recruiters seeking candidates for employment, for social networking, and for use of our member’s discounts. You may use the Sites only for lawful purposes within the stated context of Bar and Wait Staff’s intended and acceptable use of the Sites. Bar and Wait Staff is the sole interpreter of the Sites’ intended and acceptable use.

6.1 Bar and Wait Staff Intellectual Property Rights. The Sites, the Bar and Wait Staff Materials and all right, title and interest in and to the Sites and Bar and Wait Staff Materials are the sole property of Bar and Wait Staff, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, Bar and Wait Staff reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or Bar and Wait Staff Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any Services provided on the Sites other than the search engine and search agents available from Bar and Wait Staff on such Bar and Wait Staff Sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the Bar and Wait Staff Sites, without the express written consent of Bar and Wait Staff. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The Bar and Wait Staff Materials are not considered to be works for hire and you may duplicate such Bar and Wait Staff Materials only for the purposes outlined in the Service Activation Agreement. " Bar and Wait Staff," “Personified”, the Bar and Wait Staff design logo and certain other names or logos are service marks or trademarks of Bar and Wait Staff, and all related product and service names, design marks and slogans are the service marks or trademarks of Bar and Wait Staff. In addition, the "look" and "feel" of the Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Bar and Wait Staff 's trademarks, service marks and copyrights. Any code that Bar and Wait Staff creates to generate or display the Content or the pages making up the Sites is also protected by Bar and Wait Staff copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Bar and Wait Staff Materials on any authorized copy you make of the Content or Bar and Wait Staff Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.

6.2 License to Use by Users who are Job Seekers. Bar and Wait Staff hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Sites solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. Bar and Wait Staff reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.

6.3 License to Use by Users who are Employers. Bar and Wait Staff hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Sites solely for your personal use directly related to searching for and recruiting job prospects. Bar and Wait Staff also grants you a limited, terminable, non-exclusive license to use the Bar and Wait Staff Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Bar and Wait Staff to any third party without the express written authorization of Bar and Wait Staff. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Bar and Wait Staff reserves the right to suspend or terminate your access and use at any time if Bar and Wait Staff determines that you are in breach of these Terms and Conditions.

6.4 Employer Materials. Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants Bar and Wait Staff a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer’s website in connection with the Services.

 

7. User Info, Security, and Privacy

When you register on the Bar and Wait Staff Site or in connection with the Services, you will be asked to create an account and provide Bar and Wait Staff with certain information, including but not limited to, a valid email address (“User Information”). You acknowledge and agree that you have no ownership rights in your account. Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Sites. You agree to notify Bar and Wait Staff immediately of any unauthorized use of your registration and password.  Because User authentication on the Internet is difficult, Bar and Wait Staff cannot and does not confirm that each User is who they claim to be. Because Bar and Wait Staff does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release Bar and Wait Staff from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.  Posting personal information can be dangerous. You are solely responsible for the information and contact information you post about yourself.

 

8. Disclaimers and Limitations of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES.  IN NO EVENT SHALL BAR AND WAIT STAFF (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BAR AND WAIT STAFF IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTHING ON THE SITE SHALL BE CONSIDERED AN ENDORSEMENT, REPRESENTATION OR WARRANTY WITH RESPECT TO ANY USER OR THIRD PARTY, WHETHER IN REGARDS TO ITS WEBSITE, PRODUCTS, SERVICES, HIRING, EXPERIENCE, EMPLOYMENT OR RECRUITING PRACTICES, OR OTHERWISE.

 

9. Warranty Disclaimers

THE SITES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. BAR AND WAIT STAFF, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. BAR AND WAIT STAFF MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.  WITHOUT LIMITATION ON THE FOREGOING: BAR AND WAIT STAFF DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BAR AND WAIT STAFF IS NOT RESPONSIBLE FOR THOSE COSTS.  BAR AND WAIT STAFF makes no representations or guarantees regarding the truthfulness, accuracy, LEGALITY, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.  BAR AND WAIT STAFF makes no representations or guarantees regarding the Content of the SiteS, including, but not limited to, broken links, inaccuracies or typographical errors.  BAR AND WAIT STAFF MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. BAR AND WAIT STAFF DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.

 

10. Prohibited Uses

a. You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the Employer's business are prohibited.

b. You may not send unsolicited commercial email to Users

c. You may not delete or revise any material posted by any other person or entity.

d. If at any time Bar and Wait Staff comes to the understanding that you: (i) misled Bar and Wait Staff regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, Bar and Wait Staff reserves the right to terminate your Agreement.

e. You will not engage in any activity that interferes or disrupts the services, servers, or networks for Bar and Wait Staff.

f. Report inappropriate postings or conduct to tos@barandwaitstaff.com

 

11. Changes to the User Terms

Bar and Wait Staff may make changes to the User Terms from time to time. When these changes are made, Bar and Wait Staff will make a new copy of the User Terms available at http://www.barandwaitstaff.com/tos. You understand and agree that if you use the services after the date on which the User Terms have changed Bar and Wait Staff will treat your use as acceptance of the updated User Terms.