Terms of Use

Last Updated: June 20, 2023

Table of Contents

ELIGIBILITY
LICENSE
USER-SUBMITTED MATERIALS
RULES OF CONDUCT
LINKED SITEs
RULES OF CONDUCT
THIRD-PARTY MATERIALS
INDEMNIFICATION
DISCLAIMER
LIMITATION OF LIABILITY
NOTICE OF COPYRIGHT INFRINGEMENT
TERMINATION
GOVERNING LAW; JURISDICTION
GENERAL
ACCOUNT AND PASSWORD
CANDIDATES

16.1 No Guarantee
16.2 Authorization and Certification
16.3 Confidentiality

17. Contact Us

General.

Welcome to the Empire Workforce Solutions websites together with any materials and services available therein (individually referred to as the “Site” or collectively as the “Sites”), which are operated by Atlantic Solutions Group, Inc., d/b/a Empire Workforce Solutions and its affiliates (“Empire” or “we” or “us”). Empire maintains this Site for your information, education and communication.

These Terms of Use (“Terms”) state the terms and conditions governing your use of and access to the Sites and constitute a legally binding contract between you and Empire. These Terms incorporate any additional terms and conditions posted by Empire through the Sites, or otherwise made available to you by Empire. ThePrivacy Policy (“Policy”) describes how Empire may use and disclose information that we may collect about all users and viewers through the Sites.

PLEASE REVIEW THESE TERMS AND OUR 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 the Terms and/or Policy from time to time by notifying you of such changes by any reasonable means, including posting revised Terms or Policy through the Sites. Any changes will not apply to disputes between you and us arising prior to the date on which we posted the revised Terms or Policy, or otherwise notified you of changes.

We may, at any time 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. Changes will become effective when the revised Terms are posted on the Sites. Use of the Sites following these changes means that you accept the revised Terms. User access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations.

1. ELIGIBILITY

By using the Sites, you affirm you are of legal age to enter into these Terms. If you are 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”, or collectively also referred to as “you”), then you agree to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have 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 from the United States and are not intended to subject Empire 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 is 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.

2. LICENSE

Conditioned on your compliance with these Terms, Empire 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, solely for your personal and non-commercial use or for the purpose of doing business with Empire.

The Sites, including all content, information, and materials incorporated into or made available through the Sites, are the exclusive property of Empire, and are 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 Empire 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.

3. USER-SUBMITTED MATERIALS

The Sites enable you to upload your résumé, other employment and career related information, job orders, and/or other information related to you, and may also enable you to submit comments and materials through interactive features such as message boards, other forums, and chatting, commenting and other messaging functionality (all such materials are “Submitted Materials”). You retain ownership of your Submitted Materials but grant Empire a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable license, without additional consideration to you or any third party, to reproduce, distribute, perform and display, 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. In addition, if you provide to us ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Sites or otherwise, such Feedback will be deemed Submitted Materials, and you acknowledge and agree that such Feedback is not confidential, that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Empire under any fiduciary, financial, or other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that 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 and all 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.

Empire may 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.

Certain information you provide through the Sites may be governed by Empire’s Privacy Policy, which you may access through the Sites. You represent and warrant that any information you provide in connection with the Sites are and will remain accurate and complete, and that you will maintain and update such information as needed.

4. CONFIDENTIALITY OF USER COMMUNICATIONS

Except as required by law and in accordance with the Empire’s Privacy Policy, Empire will maintain the confidentiality of all user communications which contain personal user information, and which are transmitted to Empire. Postings by a user

on any message board or in any chat room will not be protected as confidential and Empire may use information contained in such postings (including ideas, concepts, know-how or other intellectual property) for any purpose whatsoever as deemed appropriate by Empire.

5. LINKED SITES

Empire is not responsible for the content of any sites linked to this Site, unless such linked site is owned or maintained by Empire. The fact that another site is linked to this Site does not imply that: (a) Empire sponsors, licenses, endorses, is affiliated with or is otherwise connected to the site, the products or services described therein or its owner, or (b) Empire has authorized the linked site to use any trademark, trade name, logo or other trademarked or copyrighted material of Empire. User should be aware that Linked Sites may contain confidentiality provisions that differ from the provisions provided herein. Empire is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

6. RULES OF CONDUCT

In connection with the Sites, you agree NOT to:

Post, transmit or make available through or in connection with the Sites any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or that fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, or any other proprietary right, without the express prior written consent of the owner.
Insert or permit to be inserted malicious or harmful software into the Sites, including but not limited to any software designed to (a) make unauthorized changes to or cause damage to the Sites or Third-Party Materials; (b) copy, provide unauthorized access to, or prevent authorized access to the Sites; or (c) prevent detection of any unauthorized invasion of the Sites (“Malware”).
Use the Sites for unauthorized commercial purposes, including competing with Empire, or for any fraudulent or otherwise tortious or unlawful purpose.
Collect information about users of the Sites.
Interfere with or disrupt the operation of the Sites or the servers or networks used to make the Sites available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Sites.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of the Sites except as expressly authorized herein.
Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark or other proprietary rights notice from the Sites.
Frame or mirror any portion of the Sites, or otherwise incorporate any portion of the Sites into any product or service.
Systematically download and store Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content or reproduce or circumvent the navigational structure or presentation of the Sites, without Empire’s express prior written consent. Notwithstanding the foregoing, Empire grants to the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Empire reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

7. THIRD-PARTY MATERIALS

The Sites may make available or provide links to third party websites, content, services, or information (“Third-Party Materials”). Empire does not control, and is not responsible for, Third-Party Materials and the availability of 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.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Empire, its affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to your access or use of, or activities in connection with, the Sites (including any Submitted Materials), or your violation or alleged violation of these Terms or our Privacy Policy. You may not enter into a settlement of a claim that involves a resolution other than one consisting solely of a monetary settlement, without Empire’s prior written consent. This indemnity shall survive the termination of this Agreement.

Empire expressly disclaims all liability for the use or interpretation by others of information contained in this Site. If you use or make decisions based on information contained in this Site, you do so at your own risk. In exchange for using the Site, you agree to hold Empire and its affiliates harmless against any claims for damages arising from any decisions that you makes based on such information.

9. DISCLAIMER

THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND EMPIRE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.

We do not guarantee 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.

10. LIMITATION OF LIABILITY

YOU AGREE EMPIRE AND ITS AFFILIATES, EMPLOYEES, OFFICERS, AGENTS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT, 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 SUBMITTED MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, YOU AGREE EMPIRE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OR INABILITY TO USE THE SITES OR 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 EMPIRE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE $100.

11. NOTICE OF COPYRIGHT INFRINGEMENT

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 may send Empire written notice by mail, email or fax, requesting that Empire 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 Empire a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices must be sent in writing to:

Empire Workforce Solutions
Attn: Simone Palazzolo, Senior Vice President for Legal Affairs 27 W. Lemon Street
Lancaster, PA 17603

Email: sam.palazzolo@Empireworkforce.com Phone: (718) 930-8223

We suggest you consult your legal advisor before filing a DMCA notice or counter-notice.

12. TERMINATION

Empire 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) Empire may immediately deactivate or delete your user name, password and account; (c) Empire 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 Empire’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.

13. GOVERNING LAW; JURISDICTION

These Terms are governed by and construed pursuant to the laws of (a) the state where you use or access the Sites; or (b) if a dispute arises relating to (i) your consideration for placement on a job, (ii) your placement on a job, or (iii) your job order, the state in which the job opportunity at issue is located.

14. GENERAL

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 Empire. 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. 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 constitute the entire agreement between you and Empire relating to the subject matter hereof and supersede all prior or contemporaneous written or oral agreements or understandings between you and Empire relating to such subject matter. Notices to you may be made via posting to the Sites or by email, or by regular mail. Empire will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

15. ACCOUNT AND PASSWORD

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 Empire, are responsible for the security of and any use or misuse of your username or password. 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 Empire of any unauthorized use of your account(s) or breach of security by contacting us in accordance with the “CONTACT US” section below.

16. CANDIDATES

16.1 No Guarantee

Empire (a) does not guarantee you will receive employment or job offers through the Site; (b) will not be responsible for job offers or listings, screenings, hiring decisions, or employment presented by third parties; and (c) is neither your employer nor your agent based on your usage of the Sites. You must use your own judgment in evaluating prospective employers and Third-Party Materials.

16.2 Authorization and Certification

You authorize Empire, Customers, and their respective agents to make investigations and inquiries into your work and educational history and other related matters as may be necessary in arriving at a decision relating to employment. Empire may use third-party vendors 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 performing such investigations/inquiries.

You release employers 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 Empire to release reference information to Customers requesting such information to evaluate 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 a job, to lose your job once placed with Customer or may result in removal of your account from the Sites. You are responsible for keeping Candidate Information accurate, complete, and up to date at all times.

16.3 Confidentiality

You agree that by using the Sites as a Candidate, Empire may contact you via the phone number (via text, call, or video conference) provided to Empire, including cell phone numbers. You also agree that by using the Sites, Empire may provide you with job opportunity or general employment information by sending email to you at the email address provided to Empire.

17. Contact Us

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.

Mailing Address:

Empire Workforce Solutions

Attn: Terms of Use / Privacy Policy
27 W. Lemon Street
Lancaster, Pennsylvania 17603

Email Address: info@Empireworkforce.com

Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.

TERMS OF USE​

Last Updated: June 20, 2023

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TERMS OF USE