Please read these terms of service carefully before accessing and/or using www.hireupss.com website or our services, of which are both operated by Kirkman Beck, commonly known as Hire Up Staffing, Hire Up Staffing & Healthcare, Hire Up Healthcare. Throughout the site, the terms “we”, “us” and “our” refer to Kirkman Beck. Kirkman Beck offers this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. It is the responsibility of you, the user, customer, or prospective customer, to read the terms and conditions before proceeding to the site. If you do not want to be bound by the terms of this Agreement, then you may not access the site or use any service, and you are advised to leave the website accordingly. Kirkman Beck only grants use and access of this website, its products, and its services to those who have accepted its terms.
The present terms and conditions within this agreement of terms is a legal agreement between you and Kirkman Beck, a company duly organized and validly existing located in both California and Texas. This agreement annuls and voids all previous agreements.
Conditions of Use
By using this website, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. Your use of this site binds your agreement to the following terms and conditions and policies referenced herein and/or available by hyperlink. These terms and conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of any inconsistency between this Agreement and any additional terms of policies referenced herein, the provisions of the additional terms or policies shall control.
Any new features or tools which are added to the current site shall also be subject to the terms. You can review the most current version of the terms at any time on this page. We reserve the right to update, change, or replace any part of these terms by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, this site following the posting of any changes constitutes acceptance of such changes.
You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age, and you may legally adhere to this Agreement. Kirkman Beck assumes no responsibility for liabilities related to age misrepresentation.
By visiting this website, you agree that the terms and represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You agree that all materials, products, and services provided on this website are the property of Kirkman Beck, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute Kirkman Beck’s intellectual property in any way, including electronic, digital, or new trademark registrations.
You grant Kirkman Beck a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company to come to an agreement.
As a user or member of the site, you herein acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, tags, or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for all content posted, uploaded, emailed, transmitted, or otherwise made available by way of services provided by Kirkman Beck, and as such, we do not guarantee the accuracy, integrity, or quality of such content. It is expressly understood that by use of our services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred because of the use of any content posted, emailed, transmitted, or otherwise made available by Kirkman Beck. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the site, use of the site or access to the site or any contact on the site, without express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the site. Kirkman Beck content is not for resale. Use of the site does not entitle users to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Kirkman Beck and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Kirkman Beck or our licensors except as expressly authorized by these terms.
Furthermore, you herein agree not to make use of Kirkman Beck’s services for the purposes of:
- Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable.
- Causing harm to minor in any manner whatsoever.
- Impersonating any individual or entity, including, but not limited to, any Kirkman Beck officials, forum leaders, guides, hosts or falsely stating otherwise misinterpreting any affiliation with an individual or entity.
- Forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with
- Uploading, posting, emailing, transmitting, or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary intellectual rights of any other party.
- Uploading, posting, emailing, transmitting, or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship.
- Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose.
- Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment.
- Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions.
- Interfering with or disrupting any Kirkman Beck Services servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device, software, and/or routine to bypass the robot exclusion headers.
- Intentionally or unintentionally violating any local, state, federal, national, or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the US Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, or the NASDAQ, and any regulations having the force of law.
- Providing informational support or resources, concealing and/or disguising the character, location, and/or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance with Section 219 of the Immigration Nationality Act.
- “Stalking” or with the intent to otherwise harass another individual; and/or
- Collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the paragraphs.
Kirkman Beck herein reserves the right to pre-screen, refuse and/or delete any content currently available through our services. In addition, we reserve the right to remove and/or delete any such content that would violate the terms, or which would otherwise be considered offensive to other visitors, users and/or members.
Kirkman Beck herein reserves the right to access, preserve, and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
- Compliance with any legal process.
- Enforcement of the terms.
- Responding to any claim that therein contained content is in violation of the rights of any third party.
- Responding to requests for customer service; or
- Protecting the rights, property or the personal safety or Kirkman Beck, its visitors, users, and members, including the public.
Kirkman Beck herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Kirkman Beck or any other content providers supplying content services to Kirkman Beck. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our services, despite whether done so in whole or in part, is expressly prohibited.
You do hereby acknowledge and agree that Kirkman Beck services and any essential software that may be used in connection with our services (or software) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Kirkman Beck or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Kirkman Beck services (e.g., content or software); in whole or part.
Kirkman Beck hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the software in any manner, nature, or form, and as such, not to use any modified versions of the software, including and without limitation, for the purpose of obtaining unauthorized access to our services. Lastly, you also agree not to access or attempt to access our services through any means other than through the interface which is provided by Kirkman Beck for use in accessing our services.
Global Use; Export/Import Compliance
Due to the global nature of the internet, using our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Using our network, you thus agree to comply with all applicable export and import laws, statutes, and regulations, including, but not limited to, the Export Administration Regulations (http: www.access.pgo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the Unite States (http: www.treasury.gov/resources-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
- Are not on the list of prohibited individuals which may be identified on any government export exclusion report (http: www.bis.doc.gov/complianceandenforcement.liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations.
- Agree not to transfer any software, technology, or any other technical data using our network services to any export-prohibited country.
- Agree not to use our website network services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the US export laws; and
- Agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the US or other applicable export and/or import laws.
Kirkman Beck shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website services. Therefore, you hereby grant and allow for Kirkman Beck the below listed worldwide, royalty-free, and non-exclusive licenses, as applicable:
- The content submitted or made available for inclusion on the publicly accessible areas of Kirkman Beck sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said content on our network services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Kirkman Beck’s sites and shall terminate at such time when you elect to discontinue your membership.
- Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of the Kirkman Beck sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said content on our network services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Kirkman Beck’s sites and shall terminate at such time when you elect to discontinue your membership.
- For any other content submitted or made available for inclusion on the publicly accessible areas of Kirkman Beck sites, the continuous, binding and completely, sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Kirkman Beck sites are those such areas of our network properties which are meant to be available to the public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
Contributions to Company Website
Kirkman Beck may provide an area for our user and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals, also known as contributions, to our site, you acknowledge and agree that:
- Your contributions do not contain any type of confidential or proprietary information.
- Kirkman Beck shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any contributions.
- Kirkman Beck shall be entitled to make use of and./or disclose any such contributions in any such manner as they may see fit.
- The contributor’s contributions shall automatically become the sole property of Kirkman Beck; and
- Kirkman Beck is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
Either Kirkman Beck or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that KB shall not be responsible or liable, directly, or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.
As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.
If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address it accordingly.
We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.
A breach or violation of any of the terms, will result in an immediate termination of your account and right to use our service. Termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
- Any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline.
- By way of requests from law enforcement or any other governmental agencies.
- The discontinuance, alteration and/or material modification to our Services, or any part thereof.
- Unexpected technical or security issues and/or problems.
- Any extended periods of inactivity.
- Any engagement by you in any fraudulent or illegal activities; and/or
- The nonpayment of any associated fees that may be owed by you in connection with your Kirkman Beck account services.
Furthermore, you herein agree that all terminations, suspensions, discontinuances, and/or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you for any other third party with regards to the termination of your account, associated email address, and/or access to any of our services.
The termination of your account with Kirkman Beck shall include any and/or all the following:
- The removal of any access to all or part of the services offered within Kirkman Beck.
- The deletion of your password and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
- The barring of any further use of all or part of our services.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend, or terminate your access to all or any part of our site.
- Change, suspend, or discontinue all or part of our products or site.
- Refuse, move, or remove any content that is available on all or any part of our site.
- Deactivate or delete your accounts.
- Establish general practices and limits concerning use of our site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.
You understand that your content (not including credit card information), may be transferred unencrypted and involve a) transmissions over various networks; and b) changes to confirm and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Creating an Account
Once you create an account with us, you are registered on the Kirkman Beck site. The terms “member,” “membership,” and “account” all refer to this registration as a member on Kirkman Beck’s site. If you are merely surfing or browsing through the site and have not yet created an account, your use of the site is still subject to this agreement; if you do not agree to this agreement, do not use this site.
When you create an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password as your responsibility, it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password.
Furthermore, the registering party herby acknowledges, understands, and agrees to:
- Furnish factual, correct, current and complete information with regards to yourself as me be requested by the data registration process, and
- Maintain and promptly update your registration and profile information to always maintain accuracy and completeness.
If anyone knowingly provides any information of a false, untrue, inaccurate, or incomplete nature, Kirkman Beck will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the agreement, and as such refuse all current or future use of Kirkman Beck Services, or any portion thereof.
You may not use this site for any illegal or unauthorized purpose nor may you, in the use of our products, services, or site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).
You must not transmit any worms or viruses or any code of a destructive nature.
Without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Kirkman Beck and you, or its business partners and associates. In the event you have a dispute, you agree to release Kirkman Beck (and its officers, directors, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected, or unsuspected, disclosed, and undisclosed, arising out of or in any way connected to such dispute.
You agree to indemnify Kirkman Beck and its affiliates and hold Kirkman Beck harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.
All users and/or members agree to insure and hold Kirkman Beck, our subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our services, the use of Kirkman Beck services or your connection with these services, your violations of the Terms of Service and/or your violation of any such rights of another person.
You herein expressly acknowledge and agree that:
- The use of Kirkman Beck services and software are at the sole risk by you. Our services and software shall be provided on an “as is” and/or “as available” basis. Kirkman Beck and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind whether expressed or implied, including, but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- Kirkman Beck and our subsidiaries, officers, employees, agents, partners and licensors make no such warranties that (i) Kirkman Beck services or software will meet your requirements; (ii) Kirkman Beck services or software shall be uninterrupted, timely, secure or error-free; (iii) That such results which may be obtained from the use of the Kirkman Beck services or software will be accurate or reliable; (iv) Quality of any products, services, any information or other material which may be purchased or obtained by you through our services or software will meet your expectations; and (v) That any such errors contained in the software shall be corrected.
- Any information or material downloaded or otherwise obtained by way of Kirkman Beck services or software shall be accessed by your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for all loss of data that could result from the download of any such information or material.
- No advice and/or information despite whether written or verbal, that may be obtained by you from Kirkman Beck or by way of or from our services or software shall create any warranty not expressly stated in the terms.
- A small percentage of some users may experience some degree of epileptic seizure when exposed to certain light patterns or backgrounds that may be contained on a computer screen or while using our services. Certain conditions may induce a previously unknown condition or undetected epileptic symptom in users who have shown no history of any prior seizure or epilepsy. Should you, anyone you know or anyone in your family have an epileptic condition, please consult a physician if you experience any of the following symptoms while using our services: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
Limitation on Liability
Kirkman Beck is not liable for any damages that may occur to you because of your misuse of our website.
Kirkman Beck reserves the right to edit, modify, and change this Agreement any time. We shall let our users know of these changes through electronic mail. This Agreement is an understanding between [name] and the user, and this supersedes and replaces all prior agreements regarding the use of this website.
You explicitly acknowledge, understand and agree that Kirkman Beck and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damagers which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from:
- The use or inability to use our service.
- The cost of procuring substitute goods and services.
- Unauthorized access to or the alteration of your transmissions and/or data
- Statements or conduct of any such third party on our service.
And any other matter which may be related to our service.