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SBM EMPLOYMENT, LLC (“SBM”)

TERMS OF USE, PRIVACY POLICY

 

TERMS OF USE

 

By registering for or purchasing services, programs or products on the SBM website, sbmemployment.com (“Site”), you signify your assent to our Terms of Use Agreement and our Privacy Policy (collectively, the “Agreement”). PLEASE READ THESE TERMS CAREFULLY.

 

Introduction and Acceptance of Terms

 

By using and/or visiting the Site, any of its subdomains or any other website on which a link to this Agreement appears you agree to the following terms with SBM Employment, LLC, a Michigan limited liability company and its affiliates (“SBM”, “we”, “us”, or “our”) regarding use of the Site and the services offered on the Site. Before being permitted to act as a registered user of the Site and/or to purchase services or products or participate in any programs offered by SBM, you must read, agree to, and accept all of the terms in, and linked to, this Agreement. By accepting these Terms of Use, you agree that these Terms, as well as any linked documents made a part of this Agreement, such as SBM’s rules and the Privacy Policy, will apply whenever you use the Site and its related services and products. Some affiliated websites may have additional or other terms that you must follow when you use those sites.

 

As used in this Agreement, “you” or “user” means both (a) the individual submitting resumes or job applications, submitting job postings, searching, visiting, using or who is or becomes a registered user of the Site or an existing user of the Site and (b) if applicable, the company or other business or governmental entities specified by you upon registration or the use of the Site (“your entity”). You and your entity, if any, are jointly and severally liable for your obligations under this Agreement.

 

Scope of Applicability

 

1. This Agreement applies to all visitors and users of the Site.

 

2. The Site may contain links to third party websites that are not owned or controlled by SBM or its affiliates. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third party site. BY USING THE SITE YOU EXPRESSLY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SBM AND ITS RESPECTIVE MEMBERS, SHAREHOLDERS, MANAGERS, DIRECTORS, EMPLOYEES, LICENSORS, ATTORNEYS, OWNERS, OPERATORS, AFFILIATES, PREDECESSORS, SUCCESSORS, ASSIGNS, INSURERS, OR AGENTS FROM ANY CLAIMS, SUITS, LIABILITIES, LOSSES OR EXPENSES (INCLUDING ACTUAL ATTORNEYS’ FEES) WHICH ARISE FROM THIRD PARTY CLAIMS RELATING TO USE BY YOU OR ANY OTHER PERSON ACCESSING THE SITE THROUGH YOUR ACCOUNT.

 

 

3. Accordingly, we encourage you to be aware when you leave SBM and to read the terms and conditions and privacy policies of each other website that you visit.

 

4. We reserve the right, in our sole discretion, to amend and supplement this Agreement, including the Privacy Policy and any other document incorporated herein, at any time, by posting the revised Agreement to SBM without further notice to you. Your continued use of the Site after such changes are posted will constitute your acceptance of such amended Agreement, other document, or additional terms and conditions. This Agreement may not be amended by you other than in a writing signed by both parties, and for purposes of this sentence, “writing” does not include email, and “signature” does not include an electronic signature.

 

5. Third Party Content. You acknowledge SBM websites may permit third parties to submit content, including job applications, resumes, or credentials, and agree to verify the accuracy of any such content prior to using relying on any content obtained through the use of SBM’s websites. All SBM website content is subject to the Warranty Disclaimer below.

 

6. Third Party Use. You agree SBM may distribute any content you submit to third parties, including to job applicants or employers, subject to the terms of the Contributor Terms of Use. You warrant all content you provide to SBM is accurate and true and a third party may rely on the content you provide.

 

Accounts and Site Usage

 

1. Account. In order to access some features of the Site, you may be required or encouraged to create an account. You may never use another’s account without permission from us. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree that you will not allow others to access your account, nor will you use your account on SBM on an outsourcing basis or on behalf of third parties. You must notify SBM immediately, in writing, of any breach of security or unauthorized use of your account.

 

2. User Access and Use of the Site and Sharing of SBM Content. SBM and all of the content featured or displayed on SBM is intended for registered users and customers of SBM. You are permitted to access, use and share SBM and the content featured or displayed on SBM only as set forth in these Terms of Use.

 

You shall access SBM and the Content only through the technology or means provided by SBM. You agree not to download, copy, distribute or display in any medium any part of SBM or SBM Content, unless you have agreed to these Terms and Conditions and the Privacy Policy. You also agree not to alter, modify or delete any part of SBM or the content featured or displayed on SBM, and agree not to circumvent, disable or otherwise

interfere with any security features of SBM, including without limitation those security features which prevent or restrict the use and/or copying of SBM’s Content.

 

3. No “bots.” You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” or any other device, software, hardware, or program that accesses SBM in a manner that sends more request messages to the SBM servers in a given period of time than a human can reasonably produce in the same time period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from SBM, nor to use any communication systems that may be provided by SBM for any commercial solicitation purposes, other than as expressly permitted elsewhere in this Agreement.

 

4. Liability for Loss. SBM will not be liable for any losses you sustain as a result of unauthorized use of the Site or your account. You will be further liable for all losses sustained by SBM or others due to such unauthorized use, including all costs, attorneys’ fees, and other damages that directly or indirectly relate to use by you or any other person accessing the Site through your account. In the event that SBM or its affiliates should bring any action or claim arising out of this Agreement against you in which we prevail, you must pay to us any and all costs incurred by SBM in enforcing the terms and conditions of this Agreement, including actual attorneys’ fees, court costs, and all other costs and fees associated with such action.

 

5. Discontinuation of Services. SBM reserves the right to discontinue its Site or any goods, products or services offered on the Site at any time.

 

6. Termination and Suspension of User Account. We agree to provide you access to the Site and the services available on the Site only as authorized in this Agreement. We reserve the right to reject your user registration by disabling your registered account. Even after acceptance, we may terminate or suspend your account and ability to visit or use the Site in our sole discretion, with or without cause and without prior notice to you. If we believe your actions may cause us or other visitors or users legal liability, harm, or loss, we reserve the right to notify other visitors and users of your actions.

 

Digital Millennium Copyright Act

 

1. SBM is protected under Title II of the Digital Millennium Copyright Act (“DMCA”). As such, SBM will respond to any allegations of copyright violations in accordance with the DMCA. Below you will find our policies and takedown notices as required by the DMCA. The following applies to any and all copyrights/trademarks and owners of intellectual property interested in utilizing this procedure, as well as service users interested in restoring access to material mistakenly taken down or not used due to a perceived DMCA violation or infringement of a third party’s intellectual property rights.

 

SBM will follow the procedures provided in the DMCA to properly enforce rights of copyright holders. When a proper DMCA notification is received by the designated DMCA Agent, or an administrator becomes otherwise aware that copyright rights are

infringed, we will remove or disable access to infringing materials as soon as possible. SBM will not necessarily send a confirmation regarding the removal/disabling.

 

2. If you are a copyright owner or an agent thereof and believe that any other submission made by another user to the Site or services or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512I(3) for further detail):

 

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

 

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

 

d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

 

e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

 

f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

3. Agent. SBM’s designated Copyright Agent to receive notifications of claimed infringement may be contacted through mailing directly to 5875 Van Dyke #702 Washington, MI 48094. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, reports of abuse, requests for technical support, and other communications should be directed to SBM customer service through (313) 590-1816. You acknowledge that if you fail to comply with all the requirements of this Section your DMCA notice may not be valid.

 

4. Counter-Notice. If you believe that any materials information, products or goods submitted by you to SBM that was or were removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the consent in your Advertising Assets, you may send a counter-notice containing the following information to the Copyright Agent:

 

a. Your physical or electronic signature;

 

b. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

 

c. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

 

d. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of Oakland County, Michigan, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

 

If a counter-notice is received by the Copyright Agent, SBM may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at SBM’s sole discretion.

 

We will act on all abuse reports and confront offending users. Users found to be guilty of this Agreement or any patent, copyright or trademark infringement will either receipt a warning or will prohibited from further using the Site, with sole discretion as to handling of the infraction remaining with us.

 

Warranty Disclaimer

 

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SBM AND ITS RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH SBM AND USE OF THE SITE. SBM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF SBM’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO SBM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SBM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH SBM BY ANY THIRD PARTY, AND (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR ADVERTISING ASSETS POSTED, EMAILED,

TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA SBM. SBM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME LIABILITY.

 

Limitation of Liability

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL SBM AND ITS RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, LICENSORS, ATTORNEYS, OWNERS, OPERATORS, AFFILIATES, PREDECESSORS, SUCCESSORS, ASSIGNS, INSURERS, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER IN AN AMOUNT GREATER THAN THE AMOUNTS PAID BY YOU TO SBM THAT RESULT FROM: (1) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR PARTICIPATION IN ANY SBM PROGRAMS, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SBM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH SBM BY ANY THIRD PARTY, AND (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA SBM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SBM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE STATE OF MICHIGAN. YOU SPECIFICALLY ACKNOWLEDGE THAT SBM SHALL NOT BE LIABLE FOR USER’S CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT SHALL SBM BE RESPONSIBLE FOR ANY VIOLATION OF THIS AGREEMENT OR ANY DAMAGES DIRECTLY OR INDIRECTLY SUFFERED BY YOU. SBM is controlled and offered by SBM from its facilities in the United States of America, State of Michigan. SBM makes no representations that SBM is appropriate or available for use in other locations. Those who access or use SBM from other jurisdictions do so at their own volition and are responsible for compliance with local law in Michigan and the United States of America.

 

Indemnity

 

You agree to defend, indemnify and hold harmless SBM, and its respective parents, subsidiaries, shareholders, members, directors, managers, officers, employees agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from (i) your use of or access to the Site; (ii) your violation of any provision of this Agreement; and (iii) your violation of any

third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive this Agreement and your use of the Site.

 

Ability to Accept Terms of Use

 

You affirm that you are 18 years of age or older, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.

 

Assignment

 

This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SBM without restriction.

 

Non-Disparagement

 

You shall not make any communication that is intended or reasonably understood to disparage, criticize, condemn, or impugn the personal, professional, or business reputation of SBM and its shareholders, members, directors, managers, officers, employees, licensors, attorneys, operators, affiliates, predecessors, successors, assigns, insurers and/or agents, including without limitation any communication that could have the effect of or intention of which is to cause embarrassment, disparagement, damage or injury to the reputation, business, or standing in the community of any such parties and regardless of whether any such communication is or may be true or founded in facts.

 

Privacy

 

We do not use, sell or rent your personal information to non-affiliated third parties for their marketing purposes without your explicit consent. We also do not sell or rent your personal information to non-affiliated third parties for their marketing purposes without your explicit consent. We use your information only as described in the SBM Privacy Policy. You can access and modify the information you provide us and choose not to receive certain communications by modifying your preferences. For a complete description of how your personal information may be used on SBM and your choices in this regard, please the SBM Privacy Policy. Your acceptance of this Agreement constitutes your acceptance of the Privacy Policy, which is incorporated herein by reference. If you object to your personal information being used as described in the Privacy Policy please do not use or register to use our services.

 

Disclosure

 

Notwithstanding anything to the contrary, SBM may disclose personally identifiable information, business records, or other information to third parties in the event of any of the following: (1) To allow a third party contractor to help operate SBM or SBM’s business; (2) If a court order, arbitration order, or other governmental order is sought to disclose the personally identifiable information or a subpoena is served that purports to require the disclosure of the personally identifiable information; (3) The information needs to be disclosed in order to provide requested

products, goods or services; or (4) SBM finds that your actions violate SBM’s policies or usage guidelines. In addition, SBM may disclose anonymous information, including, without limitation, your location and your use of the services provided to you by SBM to illustrate patterns and trends of site access and usage.

 

Relationship of the Parties

 

The relationship between you and SBM is as independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative relationship, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representation on our or our affiliates’ behalf. You agree not to make any statement, whether on your website, its subdomains or otherwise, that contradicts or may contradict anything in this section.

 

Miscellaneous Provisions

 

By visiting, using or registering to use SBM and/or the goods, products or services provided by SBM, you agree this Agreement shall be governed by the substantive laws of the State of Michigan, without respect to its conflict of law principles. Except for the equitable enforcement of this Agreement, any claim or dispute between you and SBM or its affiliates with respect to this Agreement shall be decided exclusively through the procedures and policies of the American Arbitration Association unless other procedures are agreed upon in writing by SBM. Venue for such hearings shall be in Oakland County, Michigan. The cost of arbitration shall be split equally between the parties, except that each party shall bear its own attorneys’ fees. These Terms of Use and the SBM Privacy Policy, and any other legal notices published from time to time by SBM, shall constitute the entire agreement between you and SBM concerning your registration and use of the Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement (including the Privacy Policy), which shall remain in full force and effect. No wavier of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and SBM’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. SBM reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for changes that may occur. Your use of the Site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You may be asked to provide feedback regarding SBM and hereby grant SBM a perpetual, royalty-free, unlimited license to use and/or incorporate such feedback into the Site or any other product or service of SBM. YOU AND WE BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO SBM MUST COMMENCE WITHIN 6 MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.