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TERMS OF USE


THIS LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU AND COMMAND CENTER, INC., ("COMMAND") GOVERNS YOUR USE OF THE COMMAND CENTER CUSTOMER PORTAL SERVICE (THE “PORTAL SERVICE”) AND ANY COMMAND RELATED WEBSITE CONTENT AND MATERIALS.

ACCEPTANCE

This Agreement is between you (to include any person or business you represent or are an agent of) and Command, and you expressly agree, without limitation or qualification, to be bound by these Terms of Use. You represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and all persons or business entities you represent. If you do not agree with each provision of these Terms of Use, or you are not authorized to agree to and accept these Terms of Use, you may not use the Portal Service. By agreeing the Terms of Use, you confirm that you are over the age of legal majority, can form legally binding agreements under applicable law, and are fully able and competent to enter into the terms, conditions, obligations and warranties set forth in these Terms of Use.

PORTAL SERVICE

Command is the provider of the Portal Service, which permits you to perform various functions in and related to your business account with Command. Use of the Portal Service is intended for end user use only under the terms and conditions set forth in this Agreement.

PORTAL SERVICE USE REQUIREMENTS

The Portal Service is available only for Command customers. If you are a Command customer, you must review this Agreement completely before setting up and using your Portal Service access.

The Portal Service is available to you only in the United States and its territories and possessions. You agree not to use or attempt to use the Portal Service from outside these locations. Command may use technologies to verify your compliance.

Use of the Portal Service: requires compatible devices, Internet access, and certain software; may require periodic updates; and may be affected by the performance or non-performance of any of these factors. High-speed Internet access is strongly recommended for regular use of the Portal Service. The latest version of all required and recommended software is suggested to access the Portal Service and may be required for certain transactions or features and to download information or to otherwise utilize the features of the Customer Portal. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Portal Service is not part of any other product or offering of Command, and no purchase or obtaining of any other Command–related product or service shall be construed to represent or guarantee you access to the Portal Service.

In addition to this Agreement, you may have separate agreements with Command, and those agreements will continue to apply at all times under their own terms. If this Agreement conflicts with another agreement, or another agreement has terms that are not addressed in this Agreement, then the other agreement will control and take precedence, unless this Agreement specifically states otherwise.

Therefore, if any staffing services provided by Command are covered by a separate agreement, and in the event a dispute arises between you and Command under that agreement or arises from services provided by Command under any separate agreement, then the dispute resolution and governing law provisions in the other agreement will control.

ACCOUNT

As a registered user of the Portal Service, you may establish an account ("Account"). Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and account information and for all activities that occur on or through your Account, and you agree to immediately notify Command of any security breach of your Account. Command shall not be responsible for any losses arising out of the unauthorized use of your Account.

In order to utilize the Portal Service and your Account, including providing payments on your Command account, you must enter your Command ID and password to authenticate your Account. Once you have authenticated your Account, you may need to re-authenticate your account after periods of inactivity. You agree to provide accurate and complete information when you register with, and as you use, the Portal Service ("Portal Registration Data"), and you agree to update your Portal Registration Data to keep it accurate and complete. You agree to the terms contained in Command’s Privacy Policy and that Command may store and use the Portal Registration Data you provide for use in maintaining and billing fees to your Account or for any other necessary and authorized purposes.

USAGE RULES

You acknowledge that, because some aspects of the Portal Service and your interaction with the Portal Service entail the ongoing involvement of Command, if Command changes any part of or discontinues the Portal Service, which Command may do at its election, you may not be able to use the Portal Service or access your Account online to the same extent as prior to such change or discontinuation and that Command shall have no liability to you in such case.

You are responsible for all costs associated with accessing the Portal Service and your Account and for properly configuring and using the Portal Service and taking your own steps to maintain appropriate security, protection and backup of your Portal Registration Data and all other personal or business information, which may include the use of encryption technology to protect this information from unauthorized access.

You will be deemed to have taken any action that you permit, or assist or facilitate any other person or entity to take, related to this Agreement or to your Account. You are responsible for your content and the information provided related to your Account. You will ensure that you comply with your obligations under this Agreement and that the terms of your agreement with each person accessing your Account are consistent with this Agreement. If you become aware of any violation of your obligations under this Agreement by any person accessing your Account, you will immediately notify Command and take all steps necessary to protect your Portal Registration Data and payment information.

THIRD-PARTY MATERIALS

Certain content and services available via the Portal Service may include materials from third parties. Command may provide links to third-party websites as a convenience to you. You agree that Command is not responsible for examining or evaluating the content or accuracy of any third-party materials or websites and that Command does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services any third party. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Command is not in any way responsible for any such use by you.

INTELLECTUAL PROPERTY

You agree that the Portal Service, including your information related to your Account, and any graphics, user interface, audio clips, video clips, editorial content, and scripts and software used to implement the Portal Service, contains proprietary information and material that is owned by Command and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Portal Service in compliance with this Agreement. No portion of the Portal Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Portal Service in any manner, and you shall not exploit the Portal Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, Command and its licensors reserve the right to change, suspend, remove, or disable access to the Customer Portal, content, or other materials comprising a part of the Portal Service at any time without notice. In no event will Command be liable for making these changes. Command may also impose limits on the use of or access to certain features or portions of the Portal Service, in any case and without notice or liability.

All copyrights in and to the Portal Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Command and/or its licensors, who reserve all their rights in law and equity. THE UNAUTHORIZED USE OF THE SOFTWARE OR ANY PART OF THE PORTAL SERVICE, EXCEPT FOR USE OF THE PORTAL SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

Command, the Command logo, Customer Portal, and other Command trademarks, service marks, graphics, and logos used in connection with the Portal Service are trademarks or registered trademarks of Command Center, Inc., in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Portal Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

COPYRIGHT POLICY

In appropriate circumstances, Command may remove or disable content in this website that appears to violate a copyright or other intellectual property right of others. If you believe that a copyright that you own or have some rights in has been infringed by any of the content of this website, you should provide our designated copyright agent with the information required by 17 U.S.C. 512(c)(3), including:

  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the content of this site that is claimed to be infringing;
  • Your address, telephone number, and email address;
  • A statement that you have a good-faith belief that the conflicting use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you that the information in your notice is accurate and that you are the owner or are authorized to act on behalf of the owner of the right that is allegedly breached; and
  • Your electronic or physical signature.

The contact information for our copyright agent is:

Legal Counsel
Command Center, Inc.
3609 S Wadsworth Blvd Suite 250
Lakewood, CO 80235
Phone: (866) 464-5844
Email: Legal@commandonline.com

TERMINATION

If you fail, or Command suspects that you have failed, to comply with any of the provisions of this Agreement, Command, at its sole discretion, without notice to you may: (a) terminate this Agreement and/or your Account, and you will remain liable for all amounts due to Command for any services Command has provided to you; and/or (b) preclude access to the Portal Service (or any part thereof). Command reserves the right to modify, suspend, or discontinue the Portal Service (or any part or content thereof) at any time with or without notice to you, and Command will not be liable to you or to any third party should it exercise such rights.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

COMMAND DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PORTAL SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME COMMAND MAY REMOVE THE PORTAL SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE PORTAL SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOUR OBLIGATION TO PAY COMMAND UNDER THE TERMS OF THE SPECIFIC CONTRACTUAL AGREEMENT FOR THE SERVICES COMMAND SUPPLIED TO YOU WILL NOT BE AFFECTED IN THE EVENT THE PORTAL SERVICE BECOMES UNAVAILABLE OR IS OTHERWISE UNABLE TO PROCESS PAYMENTS.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE PORTAL SERVICE IS AT YOUR SOLE RISK. THE PORTAL SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE PORTAL SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY COMMAND) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL COMMAND, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE PORTAL SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PORTAL SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT OR SERVICE) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PORTAL SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, COMMAND'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

COMMAND SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE PORTAL SERVICE (INCLUDING PORTAL REGISTRATION DATA AND BANK AND CREDIT CARD INFORMATION), BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND COMMAND HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

COMMAND DOES NOT REPRESENT OR GUARANTEE THAT THE PORTAL SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND COMMAND DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CAN BE DOWNLOADED ONLY ONCE, AND AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY INFORMATION, DATA OR MATERIALS OBTAINED FROM THE PORTAL SERVICE.

WAIVER AND INDEMNITY

BY USING THE PORTAL SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD COMMAND, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE PORTAL SERVICE, OR ANY ACTION TAKEN BY COMMAND AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF COMMAND’S FINDINGS OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM COMMAND, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF COMMANDS’S DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE PORTAL SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF COMMAND'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

CHANGES

Command reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Portal Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Portal Service will be deemed acceptance thereof. Command reserves the right to modify the contents of the Customer Portal at any time, including the features, availability, or operation of the Customer Portal and your Account, these Terms of Use, and/or any policy or notice posted on this or any Command website.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Command as regards the Portal Service and governs at all times your use of the Portal Service, superseding any prior agreements between you and Command regarding use of the Portal Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Command's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Command will not be responsible for failures to fulfill any obligations due to causes beyond its control.

The Portal Service is operated by Command from its facilities in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Portal Service. All transactions on the Portal Service are governed by Idaho law, without giving effect to its conflict of law provisions. Your use of the Portal Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Command or relating in any way to your use of the Portal Service resides in the courts in the State of Idaho, Kootenai County. No Command employee or agent has the authority to alter or vary the terms contained within this Agreement.

Command may notify you with respect to the Portal Service or for any reason related to your use of the Portal Service or for the services provided by Command by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Portal Service. All such notices shall become effective immediately.


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