PeopleSpider

Welcome to PeopleSpider a d/b/a of Roth Staffing Companies, L.P. This page sets forth the terms and conditions governing your use of the Site and Services. Please review this page carefully.

By accessing, browsing or using the Site, including our mobile applications, or other information provided as part of the PeopleSpider services (collectively, "PeopleSpider" or the "Services") you are entering into a legally binding agreement and acknowledging acceptance of these terms and conditions, as well as the PeopleSpider Privacy Policy, which is hereby incorporated by reference (collectively referred to as the "Agreement"). If you do not accept the terms and conditions, you cannot access or use the Site or Services. The Site and Services are available to you, provided that you can form legally binding agreements under applicable federal and state law. The Site and Services are not available to, and should not be used by, minors.

If you are using PeopleSpider on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a PeopleSpider User, do not conclude the Agreement, do NOT click "Sign Up!" and do not access, view, download or otherwise use any PeopleSpider webpage, information or services. By clicking "Sign Up!" you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking "Sign Up!" you also consent to use electronic signatures and acknowledge your click of the "Sign Up!" button as one.

PeopleSpider and its affiliates and subsidiaries reserve the right to update the terms and conditions of use at any time. You are advised to check these terms and conditions periodically for updates and changes, as these changes are binding on you. The term "you" or "user" is used herein to refer to persons using this Site and/or the Services for any reason.

Your Obligations

Applicable laws and this Agreement

You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:

As a condition to access PeopleSpider, you agree to this Agreement and to strictly observe the following DOs and DON'Ts:

1. Do undertake the following:
   1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
   2. Provide accurate information to us and update it as necessary;
   3. Review and comply with our Privacy Policy;
   4. Review and comply with notices sent by PeopleSpider concerning the Services; and
   5. Use the Services in a professional manner.
2. Don't undertake the following:
   1. Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to PeopleSpider;
   2. Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your or a referral's email address, phone number, street address, or other information that is confidential in nature;
   3. Refer a candidate or client to PeopleSpider or provide information concerning a candidate or client without the express permission of that candidate or client;
   4. Create a user profile for anyone other than a natural person;
   5. Harass, abuse or harm another person, including sending unwelcomed communications to others or referring others without their permission using PeopleSpider;
   6. Refer people you do not know into the PeopleSpider network or to join your network;
   7. Use or attempt to use another's account without authorization from the Company, or create a false identity on PeopleSpider;
   8. Upload, post, email, transmit or otherwise make available or initiate any content that:
      1. Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
      2. Falsely states, impersonates or otherwise misrepresents your referral's identity;
      3. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
      4. Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by PeopleSpider);
      5. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
      6. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
      7. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of PeopleSpider or any User of PeopleSpider;
      8. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
   9. Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.
   10. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on PeopleSpider (excluding content posted by you) except as permitted in this Agreement, or as expressly authorized by PeopleSpider;
   11. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
   12. Utilize or copy information, content or any data you view on and/or obtain from PeopleSpider to provide any service that is competitive, in PeopleSpider's sole discretion, with PeopleSpider;
   13. Imply or state, directly or indirectly, that you are affiliated with or endorsed by PeopleSpider unless you have entered into a written agreement with PeopleSpider;
   14. Adapt, modify or create derivative works based on PeopleSpider or technology underlying the Services, or other Users' content, in whole or part;
   15. Rent, lease, loan, trade, sell/re-sell access to PeopleSpider or any information therein, or the equivalent, in whole or part;
   16. Remove any copyright, trademark or other proprietary rights notices contained in or on PeopleSpider, including those of both PeopleSpider and any of its licensors;
   17. Remove, cover or otherwise obscure any form of advertisement included on PeopleSpider;
   18. Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from PeopleSpider except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
   19. Share information of non-Users without their express consent;
   20. Infringe or use PeopleSpider's brand, logos and/or trademarks, including, without limitation, using the word "PeopleSpider" in any business name, email, or URL or including PeopleSpider's trademarks and logos except as expressly permitted by PeopleSpider;
   21. Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the site;
   22. Use bots or other automated methods to access PeopleSpider, add or download contacts, send or redirect messages, or perform other activities through PeopleSpider, unless explicitly permitted by PeopleSpider;
   23. Access, via automated or manual means or processes, PeopleSpider for purposes of monitoring PeopleSpider's availability, performance or functionality for any competitive purpose;
   24. Engage in "framing," "mirroring," or otherwise simulating the appearance or function of PeopleSpider's website;
   25. Attempt to or actually access PeopleSpider by any means other than through the interfaces provided by PeopleSpider such as its mobile application or by navigating to http://www.PeopleSpider.com using a web browser. This prohibition includes accessing or attempting to access PeopleSpider using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including PeopleSpider;
   26. Attempt to or actually override any security component included in or underlying PeopleSpider;
   27. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on PeopleSpider's infrastructure, including, but not limited to, sending unsolicited communications to other Users or PeopleSpider personnel, attempting to gain unauthorized access to PeopleSpider, or transmitting or activating computer viruses through or on PeopleSpider;
   28. Interfere with or disrupt or game PeopleSpider or the Services, including, but not limited to, any servers or networks connected to PeopleSpider, in particular PeopleSpider's search algorithms.

License and warranty for your submissions to PeopleSpider

You own the information you provide PeopleSpider under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant PeopleSpider a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to PeopleSpider, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to PeopleSpider, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss.

By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your PeopleSpider profile information accurate and updated. By referring a candidate and/or customer to us, you represent and warrant that you are entitled to submit the candidate's/customer's information, that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. Furthermore, you warrant that you obtained the permission of the client and/or candidate to refer them to the Site and to allow PeopleSpider and its affiliates to contact such candidate or client.

Account and Password

With your use of the Site, you may decide to open an account with PeopleSpider. If you open an account with the Site, you will receive an account logon and an initial password. It is your sole responsibility to: (a) maintain the confidentiality of your account logon and password; (b) frequently update and revise your password; and (c) promptly notify PeopleSpider if there is any unauthorized use of your account or any breach of security. PeopleSpider cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. You shall be solely responsible for all use of your account and password and all consequential, indirect, exemplary, special or incidental damages resulting there from.

Your Rights

On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of PeopleSpider or its Users), view information and use the Services that we provide on PeopleSpider webpages and in accordance with this Agreement. Any other use of PeopleSpider is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in PeopleSpider and all related items, including any and all copies made of the PeopleSpider website.

Intellectual Property Notice

All information and content on this Site, such as the "look and feel," text, images, button icons, logos, software, photographs, and other information (collectively, referred to as "Material") are protected under the United States and other copyright and trademark laws. All Material is the property of PeopleSpider or its content suppliers or customers and may not be used without the prior written consent of PeopleSpider and proper acknowledgment.

PeopleSpider and/or its subsidiaries and affiliates maintain a number of trademarks, trade names and service marks in the United States, including, but not limited to, Ultimate® Staffing Services, Ledgent®, Adams & Martin Group®, To Make Life Better for the People We Serve™, Integrating Touch with Technology™, and We Love to Create Remarkable Experiences ... Every Person, Every Time.®

All trademarks, service marks and logos (the "Marks") displayed on the Site are the exclusive property of PeopleSpider and their respective owners. You shall not use the Marks in any manner without PeopleSpider's prior written consent and proper acknowledgment.

Links to Third Party Sites

The Site may have links to other sites maintained by third parties and not owned or operated by PeopleSpider or its affiliates, divisions or subsidiaries ("Other Sites"). Links to Other Sites are provided merely for your convenience. PeopleSpider assumes no responsibility or liability for Other Sites. PeopleSpider does not endorse or accept any responsibility for the content, advertising, or use of products or services available through these other sites. You hereby acknowledge and agree that PeopleSpider (and its affiliates, division and subsidiaries) shall not be responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any Other Site. Your use of Other Sites is at your own risk. Any concerns should be directed to the Other Site's administrator or webmaster.

Privacy Policy

PeopleSpider collects, uses and discloses information regarding your use of the Site and your personal information in accordance with the Privacy Policy, which is incorporated into this Agreement by reference. PeopleSpider may change the Privacy Policy periodically to reflect changes in the Site without prior notice or liability to you or any other person. By accepting this Agreement, you consent to PeopleSpider's collection, use and disclosure of your personal information in accordance with the Privacy Policy.

Indemnification

Disclaimer; No Representations and Warranties

PeopleSpider makes no representations or warranties to applicants, candidates or employees regarding the effectiveness of the Site or its content in meeting your employment or referral objectives. PeopleSpider does not guarantee that any employer or customer will ask for your resume, ask to interview you or hire you, or that you will get the placement you prefer. PeopleSpider does not guarantee that referrals you make will result in a business relationship or referral fee. PeopleSpider does not guarantee to any employer or client the availability of resumes or candidates, or that any candidate will meet your needs.

PeopleSpider uses reasonable care in compiling and presenting the information found on the Site. However, the accuracy of the information supplied by candidates, employers and other users is not within the control of PeopleSpider, and PeopleSpider does not certify that it has verified any information in any job listing, resume, file or other posting entered into the PeopleSpider database or available on this Site.

This Site and all information within it are provided on an "as is" basis without any warranties of any kind, express or implied. PeopleSpider expressly disclaims liability for errors or omissions in the information found on this Site or any third party site, including but not limited to, typographical errors, inaccuracies, outdated information or broken links.

PeopleSpider expressly disclaims all warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, and non-infringement with respect to this Site and information contained therein. PeopleSpider cannot predict or control when "downtime" may occur, which results from mechanical, telecommunication, software, hardware and third-party vendor failures. Your use of this Site is at your own risk. Your sole and exclusive remedy for issues relating to the use of, or the material on, this Site shall be to discontinue accessing the Site or using the information or material obtained.

Termination

Mutual rights of termination

You may terminate this Agreement, for any or no reason, at any time, with notice to PeopleSpider pursuant to the Notice Section below. This notice will be effective upon PeopleSpider processing your notice. PeopleSpider may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your PeopleSpider account includes disabling your access to PeopleSpider and may also bar you from any future use of PeopleSpider.

Misuse of the Services

PeopleSpider may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes referring candidates and/or clients without their express permission to PeopleSpider; using the Services commercially without PeopleSpider's authorization, infringing any intellectual property rights, violating any of the Do's and Don'ts listed in the Your Obligations Section, or any other behavior that PeopleSpider, in its sole discretion, deems contrary to its purpose.

Effect of Termination

Upon the termination of your PeopleSpider account, you lose access to the Services. Those provisions of this Agreement which by their terms extend beyond the termination or non-renewal of this Agreement shall remain in full force and effect and survive such termination or non-renewal.

Notices

You may contact us at or via recognized overnight courier or by certified mail, return receipt requested, to:

PeopleSpider.com

Attn: Legal Department

333 City Boulevard West, Suite 100

Orange, CA 92868

Amendments to this Agreement

We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.peoplespider.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per the Termination Section.

Miscellaneous Provisions

Each provision of this Agreement shall be considered severable such that if any one provision or clause conflicts with existing or future applicable law, or may not be given full effect because of such law, this shall not affect any other provision which can be given effect without the conflicting provision or clause. This Agreement contains the entire understanding between the parties hereto, and supersedes all prior agreements and understandings relating to the subject matter hereof. The failure of PeopleSpider to enforce the provisions of this Agreement shall not be construed as a waiver of any provision or the right of PeopleSpider thereafter to enforce each and every provision of this Agreement.

PeopleSpider.com

333 City Boulevard West, Suite 100

Orange, CA 92868