Terms of Service

Last Updated: August 08, 2024

PLEASE READ AND REVIEW THESE TERMS CAREFULLY. ACCESS TO AND/OR USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE AND CONSENT TO BE BOUND BY THE TERMS AS OUTLINED BELOW. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS, DO NOT USE OR ACCESS THE SITE.

1. ACCEPTANCE OF TERMS; MODIFICATION OF TERMS

Thank you for stopping by www.staffmaxhealthcare.com (herein after referred to as the “Site”). The Site is operated by Staffmax Healthcare. These Terms of Use (herein after referred to as “Terms”) will state the terms and conditions governing use and access to the Site. This constitutes a legally binding contract between you and Staffmax Healthcare. Additional terms and conditions posted by Staffmax Healthcare throughout the Site, or can be made available to you by Staffmax Healthcare, are incorporated into the following Terms.

Staffmax Healthcare may revise some or all of these Terms via adding, deleting, or changing the content of these Terms. These changes may be made at any time at our discretion.

You can see when the last changes on the Policy was made by verifying the “Last Updated” line at the top of this page. At any time and without liability, Staffmax Healthcare holds the right to modify or discontinue all or part of the Site which also includes access to the Site via third-party links, or offer opportunities to some or all Site users.

2. ELIGIBILITY; ORGANIZATIONS; JURISDICTIONS AND LAWS

By using the Site, you confirm that you are at the legal age of majority to enter into these Terms.

Should you be using the Site on behalf of any other corporation, partnership, or any other entity you are associated with (“Organization”), you are agreeing to these Terms on behalf of not only yourself but the Organization as well, and you represent that you have the legal authority to bind such Organization to the Terms. References to “you” and “your” in these Terms will imply both the individual using the Site and to the Organization an individual is representing.

The Site is controlled and operated by us from Canada and as permitted by law, but is not intended to subject Staffmax Healthcare to any non-U.S. jurisdiction or law. The Sites may not be appropriate or available for use in some non-U.S. jurisdictions. Use of the Site is at your own risk, and you are compelled to comply with all applicable laws, rules, and regulations during your use. Staffmax Healthcare may limit the Site’s availability at any time to any person, geographic area, or jurisdiction that we may choose.

3. LICENSE

On the condition of your compliance with these Terms, Staffmax Healthcare grants you a limited, non-exclusive, non-transferable, non-assignable, and revocable license to access and use the Site, to download copies of the materials that Staffmax Healthcare may have available for download on the Site, solely for con-commercial and personal use.

The Site and all materials posted is the exclusive property of Staffmax Healthcare , its affiliated, and/or suppliers and is protected by Canadian, U.S., and international law. You agree not use the Site, content, information, or materials incorporated into or made available through the Site, in any way not permitted under these Terms.

All trademarks, service marks, trade names, and logos displayed on the Site (the “Marks”) are exclusively property of Staffmax Healthcare. Except for your right to view Marks on our Site, you are not granted any rights to use of the Marks. The Site does not grant, by implication or otherwise, any license or right to use proprietary Marks displayed on the Site.

4. USER SUBMITTED MATERIALS

The Site includes the ability for you to upload your resume and other employment/career-related information, and other messaging functions (“Submitted Materials”). You retain ownership of your Submitted Materials. However, You grant Staffmax Healthcare a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, transferrable and fully sub-licensable license to use Submitted Materials without additional consultation to you or any third party. This license includes the ability to reproduce, distribute, and display (publicly or otherwise), adapt, modify and otherwise use these Submitted Materials in any format or media now being used or developed in the future, and for any purpose.

In addition, any ideas, proposals, suggestions, or other materials (“Feedback”) related to the Site or the company provided will be considered Submitted Materials. You acknowledge and agree that this Feedback is not confidential and any Feedback provided is gratuitous, unsolicited, and free of restriction, and does not place Staffmax Healthcare under any fiduciary duty or other obligation to you or to any other person.

You represent that you have all the rights needed to grant the licenses as stated in this section, and that your Submitted Materials are complete, accurate, not fraudulent, and not in violation of any applicable laws or a third-party’s rights, including intellectual property rights. For your Submitted Materials, you also irrevocably waive any moral or other rights with author attribution or integrity of materials that you may have under any applicable law. You agree to maintain and update your Submitted Materials as needed. Staffmax Healthcare may (but has no obligation to) screen, monitor, review, and remove any Submitted Materials any time and for any reason, or analyze your use and access to the Site.

Staffmax Healthcare may use Submitted Materials for the purposes as described in the Site’s Privacy Policy, and Staffmax Healthcare may provide Submitted Materials to third parties for the purposes described in the Privacy Policy. The Privacy Policy outlines how Staffmax Healthcare may collect, use, and disclose information collected about you through your use of the Site or as a result of that use.

5. RULES OF CONDUCT

In connection with the Site, you agree NOT to:

• Send or transmit any Submitted Materials that may be considered threatening, harassing, degrading, hateful or intimidating; defamatory, libelous, fraudulent, or otherwise unlawful; indecent, pornographic or otherwise objectionable; or protected by a third party’s copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without proven prior written consent of the applicable owner.
• Send through the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer related issue that is potentially harmful, invasive, or intended to damage/hijack/monitor the operation of any hardware, software, or equipment.
• Use the Site for commercial purposes, or for any purpose that is fraudulent or otherwise unlawful.
• Collect information about users of the Site.
• Disrupt in any way the operation of the Site, servers, or networks used to make the Site available. This includes hacking, changing, or defacing any portion of the Site.
• Restrict or inhibit any other person from using the Site that is of legal age of majority.
• Copy, change, adapt, translate, sell, rent, lease, loan, distribute any portion of (or any use of) the Site, except as expressly authorized.
• Reverse engineer, decompile, or disassemble any part of the Site, except where such restriction is prohibited by law.
• Remove any copyright, trademark or other proprietary rights notice from the Site.
• Frame or mirror any part of the Site, or otherwise incorporate any part of the Site into any outside product or service.
• Download and store Site content.
• Use robot, spider, site search/retrieval applications, or other manual or automatic device to retrieve, index, scrape, or data mine Site content, or to reproduce/circumvent the navigational structure or presentation of the Site, without Staffmax Healthcare’s prior written consent. Staffmax Healthcare will grant to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available, searchable information of such materials, but not caches or archives these materials. Staffmax Healthcare has the right to revoke this permission at any time and without notice.

6. THIRD PARTY MATERIALS

The Site may make available or provide links to third party websites, content, or information (“Third Party Materials”). Staffmax Healthcare is not in control of, and is not responsible for, any Third-Party Materials and the availability of Third Party Materials on the Site. Links to Third Party Materials does not constitute endorsement of, or affiliation with, the provider of Third-Party Materials. Use of Third-Party Materials is at your own risk.

7. INDEMNIFICATION

You agree to indemnify, defend, and hold not responsible and harmless Staffmax Healthcare and its affiliates, agents, and employees, from any personal or legal claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees that arise from your access, use, and activities in connection with the Site (including any Submitted Materials), or your violation or alleged violation of these Terms or the Privacy Policy.

9. DISCLAIMER

The site is provided on an “as is” and “as available” basis without warranties of any kind. Staffmax Healthcare disclaims all warranties, whether express or implied, with respect to the site to the full extent permissible under applicable law. This includes warranties of merchantability, fitness for a particular purpose, non-infringement, title, and warranties arising from the course of performance, dealing, or usage, or trade.

While Staffmax Healthcare tries best to maintain the timeliness, integrity and security of the Site, Staffmax Healthcare does not guarantee that the Site is updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may also include inaccuracies, errors, and materials that violate or conflict with these Terms. Third parties may make unauthorized alterations to the Site.

Further, Staffmax Healthcare does not guarantee that you will get employment or job offers through the Site; will not be responsible for any employment offers, listings, screenings, decisions, or actual employment presented by third parties; and is not your employer based solely on Site Usage. Your own judgment in evaluating any prospective employers and any Third-Party Materials is to be used.

10. LIMITATION OF LIABILITY

Staffmax Healthcare is not liable for any indirect, incidental, consequential, special, exemplary, aggravated, or punitive damages of any kind, under any contract, tort, strict liability, or other legal remedies. This includes damages for loss of profits, use of data, loss of other intangibles, or loss of security of submitted materials, even if advised in advance of the possibility of such damages or losses. Without limiting the foregoing, Staffmax Healthcare is not liable for damages of any kind resulting from your use of or inability to use the site or from any third-party materials. This includes any virus that may be transmitted in connection therewith. The only remedy for dissatisfaction with the Site is to stop using the Site. The maximum aggregate liability of Staffmax Healthcare for all will be $100.00 USD.

Solely to the extent that local applicable law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply, and you may have certain additional rights. You are responsible for knowing such rights.

11. TERMINATION

Staffmax Healthcare reserves the right to terminate or suspend any person’s access to the Site at any time with or without cause or notice. This includes if Staffmax Healthcare believes that you have violated these Terms. Upon any such termination or suspension, your right to access and use the Site will immediately cease and subject to applicable laws, Staffmax Healthcare will be under no obligation to keep on record or provide you with access to any materials given (including Submitted Materials), which can be destroyed at Staffmax Healthcare’s sole discretion. Except for the license granted to you for access and use the Site, the remaining provisions of these Terms will survive and continue to apply.

12. NOTICE OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) will provide recourse for copyright owners who believe that their material is being used on the internet in a way that infringes their rights under U.S. copyright law. If you sincerely believe that materials available on the Site infringes your copyright, you or an authorized representative may send a written notice by mail, e-mail or fax to Staffmax Healthcare requesting that we remove the material or block access to it.

If you sincerely believe that someone has wrongly filed a notice of copyright infringement against you, you are permitted via the DMCA to send Staffmax Healthcare a counter-notice. These notices and counter-notices need to meet the then-current statutory requirements as imposed by the DMCA. You can visit http://www.copyright.gov/ for more information. You must send Notices and counter-notices must be in writing to:

Copyright Agent

Staffmax Healthcare

Attn: Kevin Gill, President

206-1661 Portage Ave

Winnipeg, MB R3J 3T7

Toll-Free: 888-956-7090

Toll-Free fax: 855-956-7411

Email Address: info@staffmax.com

It is strongly suggested and encouraged that you consult your legal advisor before filing a notice.

13. GOVERNING LAW; JURISDICTION

These Terms are governed by and are in accordance with the laws of the state where you use or access the Site. If a dispute occurs relating to your consideration for hire, your hiring, or any other employment issue, the state laws in which these matters are occurring have jurisdiction.

14. INFORMATION OR COMPLAINTS

For any complaints or inquiry you may have with regards to information, you may use the following contact information:

Mailing Address:

Staffmax Healthcare

206-1661 Portage Ave

Winnipeg, MB R3J 3T7

Toll-Free: 888-956-7090

Toll-Free fax: 855-956-7411

Email Address: info@staffmax.com       

15. GENERAL

These Terms do not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Staffmax Healthcare. Should any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be not longer applicable to these Terms but will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any rights or obligations under these Terms without our express prior written consent. Staffmax Healthcare may assign, transfer, or sublicense any or all of our rights or obligations under these Terms with no restrictions.

Any heading, caption, or section title contained on the Site going forward is for convenience only, and in no way defines or explains any section or provision. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.”

These Terms of Use constitute the entire agreement between you and Staffmax Healthcare relating to the subject matter and supersede any and all prior or current written or oral agreements or understandings between you and Staffmax Healthcare.

Notices can be made via posting to the Site or by e-mail, or by regular mail. A hard-copy version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings relating to these Terms and is subject to the same conditions as other business documents and/or records generated and maintained in printed form. Staffmax Healthcare is not responsible for any failure to fulfill any obligation due causes beyond its control.



16. SMS TERMS & CONDITIONS

By subscribing, you consent to receive SMS or MMS messages from Staffmax LLC. To opt out of our text messaging program reply with the word STOP at any time. View our Terms of Service and Privacy Policy for more information. Standard messaging rates apply. Message frequency varies.