1. Please read these terms of use (“terms”) carefully before using this site. By using this site, you signify your assent to these terms and agree to comply with all applicable laws and regulations, including US export and re-export control laws & regulations. If you do not agree to these terms, please do not use the site. This agreement shall be governed and interpreted by the internal laws of the state of California without regard to the conflicts of law provisions thereof.

2. There are also certain services and resources provided through the Site to select individuals (collectively referred to as “Site Services”). Full access to these Site Services is restricted to employees of Acta Staffing. Non employees may access the Site Services on a limited basis, including accessing resources necessary for the employment application process.

3. No material from Acta Staffing or any web site owned, operated, licensed or controlled by Acta Staffing may be used for any commercial or resale purposes. Furthermore, no materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Acta Staffing’s copyright and other proprietary rights.

4. Copyright Notices. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Site Services are: (a) copyrighted by us and/or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by Acta Staffing or any licensors. The Site or Site Services may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission and the prior written permission of the applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to the Site or Site Services. Nothing in these Terms grant you any right to make or receive delivery of a copy of the Site or Site Services or to obtain access to the Acta Staffing Site or Site Services except as generally and ordinarily permitted through the Site according to these Terms. Furthermore, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license to the Acta Staffing Site or Site Services. Certain of the names, logos, and other materials displayed on the Site constitute trademarks, trade names, service marks or logos (“Marks”) of ActaStaffing.com, its affiliates or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third-party software provided in connection with the Site or Site Services will be governed by such third parties' licenses and not by these Terms. For purposes of these Terms, the use of any such material on any other web site or networked computer environment is prohibited. All Marks are proprietary to Acta Staffing or other respective owners that have granted Acta Staffing the right and license to use such Marks. Any use of content or descriptions; any derivative use of this Site or its contents; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall you frame any portion of the Site or any content contained therein.

5. While Acta Staffing uses reasonable efforts to include accurate and up-to-date information on the Site, Acta Staffing makes no warranties or representations as to its accuracy. Acta Staffing assumes no liability or responsibility for any errors or representations in the content of this Site.

6. The Site may contain links to other sites on the Internet that are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Acta Staffing is not responsiblefor the availability of, or the content located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

7. Users of the Site may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or content which infringes upon the rights of any third party. You agree not to impersonate any person and/or other entity or communicate under a false name or a name you are not entitled or authorized to use. Acta Staffing has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.

8. If you post content or submit material you grant Acta Staffing and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sub licensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant Acta Staffing, its affiliates, and sub licensees the right to use your name and/or username in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. You will defend and indemnify Acta Staffing and its affiliates from any claims resulting from any content or materials you provide hereunder. In addition, Acta Staffing may also sell, repurpose, aggregate, or transfer to third parties any information that you provide to Acta Staffing and any additional information that can be obtained or determined from such information for any legally permissible purposes.

9. Content Restrictions. The following rules pertain to “Content,” defined, for the purposes of this section, as any communications, images, sounds, videos, messages, photos, audios, reviews, or profiles, and any other material, data, files and information, or any derivations or reproductions thereof, that you or other users publish, display, enter, post, upload, or transmit onto or through the Site or Site Services (hereinafter, “post”). By posting any Content while using the Site or Site Services, you agree, represent and warrant as follows:

10. You agree that you will not under any circumstances:

In order to protect other individuals from prohibited activity, we reserve the right to take appropriate actions which we deem appropriate in Acta Staffing’s sole discretion.

11. The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms, the terms and conditions of the other area shall prevail. Acta Staffing may at any time revise these Terms by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms to which you are bound. You are responsible for reviewing these modifications as published from time to time. Access to the Site Services constitutes your acceptance of any published modifications to the Terms. However, no such modification shall apply to the terms and conditions of the Acta Staffing Employee Handbook or your individual Employee Arbitration Agreement unless expressly stated otherwise. If you choose to register on the Site and provide your email address, Acta Staffing will use its reasonable efforts to email you about changes we believe are significant concerning the use of the Site or these Terms.

12. You shall not transmit to Acta Staffing or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person's information without such other person's knowledge and permission.

13. Mobile Text Message Service Terms and Automatic Telephone Dialing System Usage. The following terms in this section apply to everyone who: (1) signs up to receive one or more text or SMS or MMS messages from Acta Staffing, or (2) sends us messages via SMS or MMS; or (3) authorizes autodialed calls pursuant to these Terms. To communicate with you more efficiently, we may at times contact you for employment-related purposes using calls or text messages, including calls and messages sent with an automatic telephone dialing system or similar technology, at the telephone number(s) you have provided to us. When you sign up for Acta Staffing’s text alert program, or otherwise consent to text messages or calls in accordance with these Terms, you are expressly consenting to receive such text messages or calls on behalf of Acta Staffing in the following circumstances (the “Text Services”):

The Text Services may include messages that include or could be considered marketing, and you expressly consent to those marketing messages as well. You may opt out of the Text Services at any time by texting the word STOP to appropriate mobile services numbers from the enrolled mobile device. If you do that, you will receive one additional message confirming that you will no longer receive messages from Acta Staffing related to the Text Services. If you need help with our Text Services, text the word HELP to the service numbers. We do not charge a fee for the Text Services; however, depending on your messaging or phone plan, your mobile carrier may charge you for each message we send you or that you send us. It is your responsibility to know whether your carrier will charge you per-message costs. We assume no responsibility for charges incurred by your using the Text Services. The number of messages as part of the Text Services will vary. The Text Services may not be available in all areas at all times. SMS/MMS messages are distributed via a complex system of service providers and we cannot guarantee their availability or performance. This means we may not be able to successfully transmit SMS/MMS messages to you, and we have no liability for any such transmission delay or message failure. The Text Services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device. You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service.

14. App Stores. You acknowledge and agree that the availability of the Acta Staffing mobile application (“Application”) is dependent on the third party from whom you received the Application license, i.e., the Apple App Store or Google Play (“App Store”). You acknowledge that the Terms are between you and Acta Staffing and not with the App Store. Acta Staffing, not the App Store, is solely responsible for the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, the End-User License Agreement and all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.

15. Password. You may not use your password for any unauthorized purpose.

16. Privacy Policy. Acta Staffing may retain, use and share information collected in your use of the Site, provided such information does not individually identify you. Acta Staffing may collect, use and share your personal information in accordance with its Privacy Policy.

17. Termination. We may terminate your access to the Site for any reason.

18. U.S. Government Users Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Acta Staffing’s proprietary rights in them. Acta Staffing Site pages may contain other proprietary notices and copyright information that should be observed.

19. The materials on this site are provided “as is” without warranties of any kind either express or implied. Acta staffing shall have no responsibility or liability for any content or materials posted on the site. To the fullest extent possible pursuant to the applicable law, Acta Staffing disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non- infringement or other violation of rights.

20. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Acta Staffing, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Additionally, links from the Site to external sites (including external sites that are framed by Acta Staffing) or inclusion of advertisements do not constitute an endorsement by Acta Staffing of these sites or their sponsors, or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for your reference and convenience. You access external site links at their own risk. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites. Acta Staffing does not control such sites and is not responsible for their content. You further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Acta Staffing’s Terms. Acta Staffing expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. You hereby agree to hold Acta Staffing harmless from any liability that may result from the use of links that may appear on the Site.

21. Under no circumstances, including, but not limited to, negligence, shall Acta Staffing or its third party licensors be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Acta Staffing or a Acta Staffing authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This limitation of liability shall be construed broadly, and shall specifically include, without limitation, claims based upon negligence, claims arising out of the termination of your account or any other user’s account, claims based upon a determination of your ineligibility or any other user’s ineligibility to use the site or the site services (including claims arising under the fair credit reporting act), but shall not apply to claims for which such limitation of liability is prohibited by applicable law.

22. In no event will the liability of Acta Staffing to you for all claims in the aggregate arising out of this agreement or your use of or inability to use the site or site services, whether arising in contract, tort or any other legal theory (including, without limitation, negligence or strict liability), exceed an amount equal to the greater of the fees paid to you hereunder in the one year preceding the event giving rise to the claim; or $100.

23. Indemnification. By agreeing to these Terms, you agree to defend, indemnify, and hold Acta Staffing., including its affiliates, subsidiaries, parents, successors and assigns, and each of its respective officers, directors, employees, agents, or shareholders, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Site and/or the Site Services, including but not limited to: (1) your breach of these Terms; (2) your violation of any law or the rights of a third party as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through Acta Staffing or to us infringe or otherwiseviolate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (4) any other activities, acts or omissions of you in connection with the Site and Site Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. You will allow Acta Staffing to participate, through separate counsel, in the defense of any such loss, claim or other action. You will not settle without consulting Acta Staffing and obtaining its prior written consent.

24. Arbitration. All disputes, controversies and claims from or relating to these Terms and Conditions, including any subsequent updates, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be held at the AAA location closest to Santa Clarita, California and the proceedings shall be English. The arbitrator may award any form of individual or equitable and injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. The parties may also plead to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim relief, without breach of this paragraph and without reducing the scope of the powers of the arbitrator. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. By agreeing to this provision, you waive your right to bring, join, or participate in a class action lawsuit related to these Terms and Conditions; however, you do not waive your rights or remedies to pursue an individual claim in binding arbitration. The preceding provision is an independent covenant, which you may opt out of by providing written notice of your decision within thirty (30) days of the date that you first use the Site.

25. Age Restrictions. Acta Staffing will not knowingly collect any information from individuals under 18. You must identify your age during the registration process, and we do not assume any responsibility for any misrepresentations regarding your age when using this Site. Should we determine that you do not meet the age requirements for using the Site or Site Services, your registration will be terminated immediately.

26. Entire Agreement. These Terms supersede any and all prior Terms of Use, agreements and understandings, oral or written, express or implied regarding your use of the Site and/or Site Services. Nothing in these Terms are intended or should be construed to change or supersede any provision of the Acta Staffing Employee Handbook or your individual Employee Arbitration Agreement. To the extent there is a conflict between any provision of these Terms, and any provision of the Employee Handbook or your Employee Arbitration Agreement, the terms of the Handbook and/or Arbitration Agreement shall control.

27. Effect of Agreement. Nothing in this agreement shall be construed as making either party the partner, joint venturer, agent, or legal representative, of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. Each of Acta Staffing’ s fiduciaries, administrators, officers, directors, affiliates, subsidiaries, parents, successors, and assigns are expressly made a third-party beneficiary of these Terms and may enforce this agreement directly against you. These Terms will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

Copyright Complaints.

It is Acta Staffing’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting Acta Staffing’s copyright team (identified below) and providing the following information:

Acta Staffing’s agent for copyright issues relating to this Site is as follows: Copyright Team, Legal Department, Acta Healthcare Resource Mgmt. Solution Inc. Santa Clarita, CA 21355. Email: hello@actastaffing.com.

Questions? Concerns? Suggestions?

If you have any questions or need further information as to the Site or Site Services provided by Acta Staffing or need to notify Acta Staffing as to any matters relating to the Site or Site Services please contact Acta Staffing at: Legal Department, Acta Healthcare Resource Mgmt. Solution Inc. Santa Clarita, CA 21355. Email: hello@actastaffing.com.

Terms of Use last updated on 10 th Mar 2024.