Effective Date: July 29, 2009
I. INTRODUCTION
Welcome to the website for JurisTemps, a leading provider of legal staffing services for the St. Louis legal community. These Terms of Use describe the rights and responsibilities of JurisTemps, Inc. (also referred to as “JurisTemps,” “we,” or “us”) and you when accessing and using the website. Please read these Terms of Use carefully. By accessing or using this website, you consent to and agree to be legally bound by these Terms of Use. Our collection, use and sharing of personal information is further subject to the Online Privacy Policy for this website, located at http://juristemps.com/privacy-policy.
II. USE OF THE WEBSITE
The website is principally intended for use by employers in the St. Louis area seeking high quality legal staffing solutions, and by individuals seeking placement as an attorney, legal secretary, paralegal, or other legal professional in the St. Louis community.
You may not access or use this website to commit identity theft, impersonate another person or entity, or submit information that is untruthful or deliberately misleading; to collect data about individuals or entities for commercial, unlawful or any other purpose; to reproduce, distribute, or post any content from the website to newsgroups, blogs, mailing lists, social networking sites, or electronic bulletin boards; to violate any applicable laws or the intellectual property rights, rights of privacy or publicity, or other rights of any third party; to gain unauthorized access to computer systems, password-protected areas or data; to engage in any other activity that disrupts or interferes with the website or JurisTemps’ business operations; or via automated means, including but not limited to scripts, spiders, robots, crawlers, or data mining tools.
We reserve the right to terminate your use of the website, with or without prior notice to you, including if you violate any provision of these Terms of Use, or use the website in a manner for which it is not intended to be used. These Terms of Use will survive and remain in effect even after such termination.
III. PROPRIETARY RIGHTS
JurisTemps and its suppliers reserve all right, title and interest in and to the website, including but not limited to all products, services, information, and compilations of information available on or through the website, as well as the domain name and sub-domains, design, layout, graphics, programming code and “look and feel” of the website, the copyrights, trademarks, service marks, and trade dress related thereto, all goodwill arising therefrom, and all other intellectual property and proprietary rights embodied therein. You have no rights or licenses in or to any of the foregoing, express or implied, other than a limited, non-exclusive, non-transferable, revocable license to access and use the website for its intended purpose in accordance with these Terms of Use.
IV. DISCLAIMER
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ALL USE OF THE WEBSITE IS “AT YOUR OWN RISK.” JURISTEMPS, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, AGENTS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, OR THE PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE ON OR THROUGH THE WEBSITE, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE WILL BE UP-TO-DATE, FREE FROM VIRUSES OR OTHER MALICIOUS CODE, OR FREE FROM TYPOGRAPHICAL ERRORS OR ALTERATIONS BY THIRD PARTIES.
V. LIMITATIONS ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JURISTEMPS, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST PROFITS, OR LOST DATA) ARISING OUT OF OR RELATED TO THE WEBSITE, THE PRODUCTS, SERVICES AND INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, OR ANY ACTIONS OR INACTION TAKEN BY YOU IN RELIANCE THEREON. THE TOTAL CUMULATIVE LIABILITY OF JURISTEMPS, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, AGENTS AND SUPPLIERS ARISING OUT OF OR RELATED TO THE WEBSITE, THE PRODUCTS, SERVICES AND INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, AND ANY ACTIONS OR INACTION TAKEN BY YOU IN RELIANCE THEREON SHALL NOT EXCEED THE GREATER OF (A) THE FEES (IF ANY) PAID BY YOU TO JURISTEMPS FOR THE PRODUCTS, SERVICES, OR INFORMATION GIVING RISE TO THE CLAIM OR (B) TEN DOLLARS ($10). THE LIMITATIONS ON LIABILITY IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, INDEMNITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXISTENCE OF MORE THAN ONE CLAIM OR SUIT WILL NOT EXPAND THIS LIMITATION. THESE LIMITATIONS ON LIABILITY ARE AN ESSENTIAL PART OF THESE TERMS OF USE, AND SHALL APPLY EVEN IF ANY REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE; PROVIDED, HOWEVER, CERTAIN STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN DAMAGES, AND SO SUCH DISCLAIMERS MAY NOT APPLY TO YOU.
VI. MISCELLANEOUS
Governing Law. The website is hosted and operated in the United States of America. These Terms of Use and the relationship between you and us relating to your access to and use of the website shall be governed by and interpreted for all purposes in accordance with the laws of the State of Missouri, USA, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction.
Jurisdiction and Venue. Any dispute, action or proceeding arising out of or related to these Terms of Use, your access to or use of the website, or the products, services, or information made available to you through the website, shall be commenced in the state courts of St. Louis County, Missouri or, if proper subject matter jurisdiction exists, the U.S. District Court for the Eastern District of Missouri. You hereby consent to the exclusive personal jurisdiction and venue of such courts, and waive any objections thereto, including without limitation any objection based on forum non conveniens; provided, however, the foregoing shall not prevent us from obtaining injunctive or other equitable relief against you in any court of competent jurisdiction.
Assignments. You may not assign these Terms of Use or transfer any right or duty under these Terms of Use, in whole or in part, without the written consent of JurisTemps. Any attempted assignment or delegation shall be null and void from the beginning and without effect. We may assign these Terms of Use or any right or duty under these Terms of Use, with or without notice to you, including to any affiliate or successor in interest. Subject to the foregoing, these Terms of Use shall be binding on and inure to the benefit of you and us, and each of our respective heirs, administrators, successors and permitted assigns.
Amendment; Waiver. Any amendment by you or waiver by us of these Terms of Use must be in writing and signed by a duly authorized representative of both parties. No provision shall be waived by any act, omission or knowledge of a party. Any waiver on one occasion shall not constitute a waiver of any other or subsequent duty or breach.
Severability; Construction. If any provision of these Terms of Use is determined to be invalid or unenforceable under applicable law, the provision shall be amended and interpreted by a court of competent jurisdiction to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions of these Terms of Use shall continue in full force and effect. The captions in these Terms of Use are for reference purposes only and shall not affect the meaning or interpretation of these Terms of Use. The term “including” as used herein means “including without limitation.” The terms “hereof,” “herein,” and similar variations refer to these Terms of Use as a whole, rather than to any particular section.
Entire Agreement. These Terms of Use and the Online Privacy Policy referenced herein set forth the entire agreement of you and us with regard to the subject matter hereof, and supersede all prior and contemporaneous negotiations and agreements, written or oral, with regard to the subject matter hereof.
VII. CHANGES TO THESE TERMS OF USE
We reserve the right to amend these Terms of Use from time to time. Any such amendments shall be effective when posted by us on this website or otherwise made available to you. Your access to or use of this website after we have amended these Terms of Use shall signify your acceptance of the amended terms.
VII. CONTACTING US
If you have questions about these Terms of Use, or have any other questions or comments concerning this website or our legal staffing services, please contact us:
Email:
juristemps@juristemps.com
Mail:
JurisTemps
Attn: Andrew Koshner
7733 Forsyth, Suite 1100
Clayton, MO 63105