Last Updated: January 15, 2020
Welcome to the RISC Staffing websites and the RISC Staffing mobile application together with any materials and services available therein, and successor site(s) thereto (individually referred to as the “Site” or collectively as the “Sites” ), which are operated by RISC Staffing International Inc. and its subsidiaries (“RISC Staffing” or “we” or “us”).
PLEASE REVIEW THESE TERMS AND POLICY CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE SITES CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS AND POLICY. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS AND POLICY, THEN YOU MUST NOT USE OR ACCESS THE SITES.
We may change these Terms and/or Policy from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms or Policy through the Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms or Policy incorporating such changes, or otherwise notified you of such changes.
In the event of a conflict between these Terms and/or Policy, and any other applicable terms or agreement fully executed by you and RISC Staffing (“Other Terms”), the Other Terms shall control.
The “Last Updated” legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Sites (including access to the Sites via any third-party links); or offer opportunities to some or all Site users. Any changes will become effective when we post the revised Terms on the Sites. Your use of the Sites following these changes means that you accept the revised Terms.
RISC Staffing is not a law firm and does not provide legal representation. RISC Staffing project attorneys do not constitute a law firm among themselves.
By using the Sites, you affirm that you are of legal age to enter into these Terms. If you are an individual accessing or using the Sites on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Sites and to any such Organization.
The Sites are controlled or operated (or both) from the United States, and are not intended to subject RISC Staffing to any non-U.S. jurisdiction or law. The Sites may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Sites are at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Sites’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
Subject to and conditioned on your compliance with these Terms, RISC Staffing grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Sites, and to download copies of the materials that we make available for download on the Sites, in each case solely for your personal and non-commercial use.
The Sites, including all content, information, and materials incorporated into or made available through the Sites, are the exclusive property of RISC Staffing or its suppliers, and is protected by U.S. and international law. You agree not to access or use the Sites, or any content, information, or materials incorporated into or made available through the Sites, except as expressly permitted under these Terms.
All trademarks, service marks, and logos displayed on the Sites (the “Marks”) are the exclusive property of RISC Staffing or their respective third party owners. Except for your right to view Marks on our Site, you are not granted any rights to the Marks. Nothing in the Sites grant, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Sites.
The Sites include functionality to enable you to upload your résumé and/or other employment- and career-related information, and may also enable you to submit comments and materials through interactive features such as message boards and other forums, and chatting, commenting and other messaging functionality (all such résumés, information, comments, and materials are “Submitted Materials”). For clarity, you retain ownership of your Submitted Materials. You hereby grant RISC Staffing a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Sites or otherwise, such Feedback will be deemed Submitted Materials, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place RISC Staffing under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submitted Materials, and your provision thereof through and in connection with the Sites, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
RISC Staffing may (but has no obligation to) screen, monitor, evaluate and remove any Submitted Materials at any time and for any reason, or analyze your access to and use of the Sites. We may disclose information regarding your access to and use of the Sites, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
In connection with the Sites, you agree NOT to:
The Sites may make available or provide links to third party websites, content, or information (“Third Party Materials”). RISC Staffing does not control, and is not responsible for, any Third Party Materials and the availability of any Third Party Materials on the Site does not imply endorsement of, or affiliation with the provider of Third Party Materials. Your use of Third Party Materials is at your own risk.
THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND RISC STAFFING EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF INTERCHANGEABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.
While we try to maintain the timeliness, integrity and security of the Sites, we do not guarantee that the Sites are or will remain updated, complete, correct or secure, or that access to the Sites will be uninterrupted. The Sites may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Sites.
Further, without limiting the foregoing, RISC Staffing (a) does not guarantee that you will receive any employment or job offers through the Sites; (b) will not be responsible for any employment offers or listings, employment screenings, employment decisions, or actual employment presented by third parties; and (c) is neither your employer nor your agent based solely on your usage of the Sites. You must use your own judgment in evaluating any prospective employers and any Third Party Materials.
YOU AGREE RISC STAFFING WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE RISC STAFFING WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITES OR FROM ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY MALWARE OR ANY VIRUS, WORM, HACK, OR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITES IS TO STOP USING THE SITES. YOU AGREE THE MAXIMUM AGGREGATE LIABILITY OF RISC STAFFING FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE $100.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
RISC Staffing may terminate or suspend your access to the Sites at any time, with or without cause or notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, (a) your right to access and use the Sites will immediately cease; (b) RISC Staffing may immediately deactivate or delete your user name, password and account; (c) RISC Staffing will be under no obligation to maintain or provide you with access to any materials associated with your account (including Submitted Materials), and may retain or delete such materials in RISC Staffing’s sole discretion; and (d) except for the license granted to you to access and use the Sites, the remaining provisions of these Terms will survive and continue in effect.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Sites infringe your copyright, you (or your agent) may send to RISC Staffing a written notice by mail, e-mail or fax, requesting that RISC Staffing remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to RISC Staffing a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to:
Attn: Legal Department
3118 Harrisburg, Suite 110,
Houston, Texas 77003
Phone: (844) 493-6909
We suggest that you consult your legal adviser before filing a DMCA notice or counter-notice.
These Terms are governed by, and will be construed in accordance with, the laws of the state (a) where you use or access the Sites, or (b) if a dispute arises relating to your consideration for hire or your hiring, the state in which the job opportunity at issue is located.
These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and RISC Staffing. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. 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, including any terms and conditions incorporated herein, constitute the entire agreement between you and RISC Staffing relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and RISC Staffing relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. RISC Staffing will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
You may need to register for an account to use all or portions of the Sites. We may reject, or require that you change, any username, password or other information that you provide to us in registering. You, and not RISC Staffing, are responsible for the security of and any use or misuse of your username or password. In particular, it is your sole responsibility to (a) maintain the confidentiality of your account login and password; (b) frequently update and revise your password; and (c) promptly notify RISC Staffing if there is any unauthorized use of your account(s) or any breach of security by contacting us in accordance with the “CONTACT US” section below.
Customers of RISC Staffing (“Customer”) to whom we provide services may register with RISC Staffing on the Sites. Once registered, you may be able to:
You agree that you are solely responsible for all activities undertaken within your Customer account, including but not limited to any charges and additional fees incurred for extending or otherwise modifying assignments and creating new orders.
If you wish to pay an outstanding invoice through the Sites (each such payment, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your bank information routing number, bank account number, bank account type, credit card number, card verification number, the expiration date of your credit card, your billing address, billing phone number, and email. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY BANK ACCOUNT INFORMATION OR CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. To process your payment, RISC Staffing uses CyberSource, an independent third party and subsidiary of Visa Inc. CyberSource controls the security and performance of its payment processing services. Please refer to the CyberSource terms, conditions and privacy policies governing your payment located at www.cybersource.com. Verification of information may be required prior to the acknowledgment or completion of any Transaction. RISC Staffing or our agents may call or contact you regarding your account or your Transactions. You agree that we may place such calls or contact you relating to the Transaction.
If you register as a candidate on the Site (“Candidate”), you may be automatically enrolled in other RISC Staffing offerings designed to assist you in finding a job, such as RISC Staffing. You may be able to update your job search criteria and preferences, upload and update your resume, receive alerts, update your availability, view the status of your application, and provide us with additional information about you. You agree that you are solely responsible for all activities undertaken within your account(s).
As part of the registration process, we may require you to provide us with certain information including, but not limited to, your resume, name, email address, phone number, work history, education, experience, pay/compensation expectations and geographic location (the "Candidate Information").
You authorize RISC Staffing, Customers, and their respective agents to make investigations and inquiries into your employment and educational history and other related matters as may be necessary in arriving at an employment decision. RISC Staffing may use a third-party vendor to perform such investigations/inquiries. If a third-party vendor is used, you will be provided additional disclosures and authorization forms as required by applicable laws prior to a third party performing such investigations/inquiries.
You release employers, schools, and other persons from all liability in responding to inquiries connected with your application and you specifically authorize the release of information by any schools, businesses, individuals, services or other entities listed by you in the Candidate Information. Furthermore, you authorize RISC Staffing and its agents to release any reference information to Customers who request such information for purposes of evaluating your credentials, skills and experience and you acknowledge that Customers may reach out to you directly.
You certify as to the accuracy of the Candidate Information and in any resume or other work history information. You understand that any misstatement of fact may cause you to be refused employment by Customer, to lose your employment once hired by Customer, or may result in removal of your account from the Site. You are responsible to keep Candidate Information accurate, complete, and up-to-date all the time.
There is no charge for Candidates to use the Sites. Neither RISC Staffing nor Customers will require a payment from you.
You agree that by using the Sites as a Candidate, RISC Staffing may contact you via the phone number (via text or call) provided to RISC Staffing, including cell phone numbers. You also agree that by using the Sites, RISC Staffing may provide you with job opportunity or general employment information by sending email to you at the email address provided to RISC Staffing.
The RISC Staffing portal functionality within the Site and RISC Staffing’s mobile application (the “App”) (individually or together the “RISC Staffing”) are operated by RISC Staffing. In Section 16, the term "Candidate" refers to users of RISC Staffing services whether through the website or the App, who are seeking employment opportunities. The term "RISC Staffing Customer" refers to those interested in hiring Candidates through RISC Staffing. RISC Staffing is an online tool that uses proprietary algorithms to match Candidates to jobs and allows RISC Staffing Customers to connect directly with Candidates seeking full-time employment.
If you elect to utilize RISC Staffing, you agree to these additional terms in this section entitled “RISC STAFFING.”
After a Candidate creates an account and completes a profile at the RISC Staffing, his/her Candidate Information may be viewed by RISC Staffing Customers according to RISC Staffing’s matching algorithm. RISC Staffing Customers will have the opportunity to engage with Candidates with skills and experience that match Customer’s job requirements. A Candidate may receive notification from RISC Staffing regarding a RISC Staffing Customer’s interest in the Candidate and details about the job. A Candidate may, in his/her sole discretion, respond to any RISC Staffing Customer that has contacted him or her via the Site, to accept or reject any interview requests. All requests for interviews by RISC Staffing Customers through RISC Staffing do not guarantee a final job or job offer, or a job offer at any particular level of compensation.
RISC Staffing enables Candidates and RISC Staffing Customers to connect with the RISC Staffing team and/or with each other. Candidates and RISC Staffing Customers are solely responsible for the information provided in any resume or profile, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of the Site. RISC Staffing does not provide any guarantee or assurances regarding the hiring or interviewing process. RISC Staffing does not have input into the RISC Staffing Customer’s hiring process. RISC Staffing is not responsible for and does not guarantee job postings or wages or benefits presented by RISC Staffing Customers.
RISC Staffing is not a third party to or liable for any agreements between any RISC Staffing Customers and Candidates, regardless of whether or not RISC Staffing receives a fee from RISC Staffing Customer in connection with the transaction. Candidates will not pay any fees to RISC Staffing or RISC Staffing Customer.
If you are a RISC Staffing Customer, the Terms of Service for RISC Staffing Customers state the terms and conditions governing your use of RISC Staffing’s placement services, including your use of and access to the Site. If you have a question regarding those terms, please send an email to email@example.com
Once you have created an account(s) with RISC Staffing, a member of the RISC Staffing team ("Success Manager") may reach out to you via the email address or phone number you provided, and work with you to finalize your Candidate profile. The Success Manager may continue to work with you throughout your use of RISC Staffing.
Any initial communication between you and any RISC Staffing Customer matched with shall be made exclusively through RISC Staffing Direct. Further communication with RISC Staffing Customer may only take place outside of the Site after a Customer requests an interview with Candidate and Candidate accepts the interview through RISC Staffing. You further agree not to independently attempt to contact any RISC Staffing Customer through an alternative means outside RISC Staffing.
If you have a question regarding RISC Staffing, please contact your Success Manager or send an email to info@RISCStaffing.com
If you have any questions or complaints about the Terms or the Policy, or if you would like to update any personal information you have provided to us, please contact the webmaster at the mailing address or email address below.
3118 Harrisburg, Suite 110,
Houston, Texas 77003
Email Address: firstname.lastname@example.org
Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.