TERMS OF USE

This website and related mobile applications (collectively, “Site”) are owned and operated by Cactus Staffing Corp. The following Terms of Use (“Terms”) constitute a legally binding agreement between Cactus and you, and govern your use of the membership, products and other services (collectively, “Services”) made available on this Site.

BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, INCLUDING ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT REGISTER TO BECOME A MEMBER, AND DO NOT ACCESS OR USE THE SITE OR ANY SERVICES.

  1. Account Registration: In order to access the Site and use any Services, you are required to register for a Membership and provide us with complete and accurate information about yourself. You must update such information to keep it complete and accurate.

THIS SITE IS INTENDED SOLELY FOR CALIFORNIA RESIDENTS WHO ARE 18 OR OLDER. THE USE OR ACCESS OF THIS SITE OR RELATED SERVICES BY ANY PERSON UNDER 18 IS PROHIBITED.

  1. License to Use: For the duration of your Membership and subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access the Site and use the Services for your non-commercial, personal use.
  2. Account Restriction: You are responsible for maintaining the confidentiality of your password and account. You may not use anyone else’s account and may not allow anyone else to use your account. We reserve the right to monitor your usage and the right to terminate your Membership if another individual access or use your Membership using the same account information.
  3. DISCLAIMER: THE SITE AND RELATED SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. CACTUS DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CACTUS MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE PRODUCTS, SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. CACTUS DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE SITE AND RELATED SERVICES SHALL BE AT YOUR SOLE RISK.
  4. LIMITATION OF LIBAILITY: IN NO EVENT WILL CACTUS, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE USE OF THE MEMBERSHIP, THE SITE, OR THE SERVICES. IN ANY CASE, CACTUS’S AGGREGATE LIABILITY WILL NOT EXCEED THE SUM OF MEMBERSHIP FEES PAID THE MEMBER.
  5. DISPUTE RESOLUTION If you have any dispute with Cactus, you agree to contact Cactus at info@smrtcircle.com
  6. Provide a brief description of the dispute and allow Cactus sixty (60) days to attempt to reach an amicable resolution, before taking any legal action.
  7. WAIVER OF CLASS ACTION. YOU AND CACTUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  You have the right to opt out and not be bound by the class action waiver provisions set forth above by sending written notice of your decision to opt out to info@smrtcircle.com with the subject line: “CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of the first date that you used the Site. Otherwise, you shall be bound by the waiver. This Class Action Waiver shall survive any termination of your Membership.

 

  1. Applicable Law, Jurisdiction and Venue. The laws of California, without regard to conflict of laws principles, will govern all disputes between the parties. Subject to the foregoing provisions, all legal claims shall be filed in Los Angeles, California.
  2. Cactus reserves the right to change these Terms at any time and to notify users of any such changes solely by publication in this Site. The most current version of these Terms will supersede all previous versions. Your continued use of the Site after the posting of any amended Terms shall constitute your agreement to be bound by any such changes.