Terms and Conditions
Welcome to the Sam and Partners LLC websites and the Sam and Partners LLC 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 Sam and Partners LLC and its subsidiaries (“Sam Staffing and Recruitment,” “Sam Staffing,” “we,” or “us”).
ACCESS TO THIS SITE
The information contained in this site is for general guidance on topics selected by Sam and Partners LLC. Such information is provided on a blind-basis, without any knowledge as to the reader’s industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this site. The information on this site is provided with the understanding that Sam and Partners LLC and various authors and publishers’ providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on this site should not be relied upon or used as a substitute for consultation with professional advisors.
Sam and Partners LLC may alter, suspend, or discontinue this site at any time for any reason, without notice or cost. The site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
By using this site, you agree to indemnify, hold harmless and defend Sam and Partners LLC from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of this site in violation of these terms.
COPYRIGHT AND TRADEMARK INFORMATION
This site and all the information it contains, or may in the future contain, including, but not limited to, articles, white papers, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the “Content”), is the property of Sam and Partners LLC, its parents, affiliates, subsidiaries, and licensors, and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this site or any Content displayed on this site, through the use of framing or otherwise, without the prior written permission of Sam and Partners LLC or such third party that may own the trademark or copyright of material displayed on this site.
Subject to your full compliance with these terms, Sam and Partners LLC authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.
To the fullest extent permissible pursuant to applicable law, Sam and Partners LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Specifically, but without limitation, Sam and Partners LLC does not warrant that: (i) the information on this site is correct, accurate or reliable; (ii) the functions contained on this site will be uninterrupted or error-free; or (iii) defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.
LIMITATION OF LIABILITY
Under no circumstances shall Sam and Partners LLC be liable for any incidental, special, consequential or exemplary damages that result from the use of, or the inability to use, this site or the information contained on this site, even if Sam and Partners LLC has been advised of the possibility of such damages. In no event shall Sam and Partners LLC total liability to you for all damages, losses, and causes of action—whether in contract, tort (including, but not limited to, negligence) or otherwise—exceed $1.
Sam and Partners LLC makes no representation that information on this site is appropriate or available for use outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
LINKS TO OTHER SITES
This site may contain links to sites not affiliated with Sam and Partners LLC. These links are provided to you only as a convenience. Such linked sites are not under the control of Sam and Partners LLC; Sam and Partners LLC is not responsible for the contents of any linked site, or any link contained in a linked site. The inclusion of any link does not imply endorsement by Sam and Partners LLC of the site, and Sam and Partners LLC shall have no responsibility for information that is referenced by or linked to this site.
SUBMISSIONS TO SAM STAFFING LLC AND AFFILIATED SERVERS
Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to Sam and Partners LLC through this site is the exclusive property of Sam and Partners LLC. Sam and Partners LLC is entitled to use any information submitted for any purpose, without restriction (except as stated in the Privacy Statement below) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to Sam and Partners LLC and accepts responsibility for its accuracy, appropriateness, and legality.
RULES OF CONDUCT
In connection with the Sites, you agree NOT to:
- Post, transmit or otherwise make available through or in connection with the Sites any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise 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, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Insert or permit to be inserted, any 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 as defined below; (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 any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or 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 (or any use 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 Sam and Partners LLC’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Sam and Partners LLC 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. Sam and Partners LLC reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Sam and Partners LLC, as described above.
Your use of the SMS text message and alert service (“the Service”) is governed by the terms and conditions below. Use of the Service constitutes your acceptance of these terms, which take effect when you sign up for the Service. If you do not agree to these terms, please do not sign up for the Service.
By subscribing, you consent to receiving SMS messages including notification or informational text messages about recruitment, employment-related, and marketing messages. The frequency of SMS messages varies. You represent that you are the owner or customary user of the wireless device you use to subscribe to the Service and that you are authorized to approve any applicable charges. You may enroll for text messaging via online preference center, job board application or by texting “SIGNUP” to:
You can unsubscribe at any time from all texts by texting “STOP” to:
About the Text Message Services
Sam and Partners LLC does not charge for any content; however, you may incur additional charges from your wireless carrier. Message & Data rates may apply. The Service is only available in the United States.
Data obtained from you in connection with the Service may include your mobile phone number, your carrier’s name, and the date, time and content of your messages and other information that you may provide. We may use this information to contact you with notifications or to provide information you request from us, and to otherwise operate, develop and improve the Service. Your wireless carrier and other service providers may also collect data from your SMS usage, and their practices are governed by their own policies. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide accurate, complete, and true information. Sam and Partners LLC may use an automatic dialing system to deliver text messages.
You consent to the handling of your information as described in the Sam and Partners LLC Online Privacy Statement.
The Service as well as the content and materials received through the service are proprietary to Sam and Partners LLCand our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with or disrupt the service or its functionality.
THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND Sam and Partners LLC 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.
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, Sam 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.
LIMITATION OF LIABILITY
YOU AGREE SAM STAFFING AND RECRUITMENT AGENCY LLC 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 SAM STAFFING AND RECRUITMENT AGENCY LLC 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 SAM STAFFING AND RECRUITMENT AGENCY LLC 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.
Sam 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) Sam and Partners LLC may immediately deactivate or delete your user name, password and account; (c) Sam and Partners LLC 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 Sam and Partners LLC’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.
We reserve the right to alter and/or change these terms and conditions from time to time. We may discontinue the Service at any time.
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 (or your agent) may send to Sam Staffing a written notice by mail, e-mail or fax, requesting that Sam 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 Sam Staffing a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.
GOVERNING LAW; JURISDICTION
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 Sam and Partners LLC. 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 Sam and Partners LLC relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Sam and Partners LLC 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. Sam and Partners LLC will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
Customers of Sam and Partners LLC (“Customer”) to whom we provide services may register with Sam and Partners LLC on the Sites. Once registered, you may be able to:
- create new orders;
- review and modify existing orders;
- review details for each order, including Candidate information;
- update your contact information;
- view Candidate recommendations; and
- review and approve time reports for Sam and Partners LLC personnel currently working on assignment with you.
- 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.
Payments Through the Sites
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. Verification of information may be required prior to the acknowledgment or completion of any Transaction. Sam and Partners LLC 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 Sam and Partners LLC offerings designed to assist you in finding a job, such as Sam and Partners LLC Direct. 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”).
Authorization and Certification
You authorize Sam and Partners LLC, 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. Sam and Partners LLC 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 Sam and Partners LLC 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 Sam and Partners LLC nor Customers will require a payment from you.
You agree that by using the Sites as a Candidate, Sam and Partners LLC may contact you via the phone number (via text or call) provided to Sam and Partners LLC, including cell phone numbers. You also agree that by using the Sites, Sam and Partners LLC may provide you with job opportunity or general employment information by sending email to you at the email address provided to Sam and Partners LLC.
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: 6333 Hollister Drive, Suite C
Indianapolis, Indiana 46224
Email Address: email@example.com
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.
Last Updated: May 10, 2021