Terms of Use

Thank you for visiting the MD-Staff website. Please take a few minutes to carefully review the information below which describes our Terms of Use applicable to your access and use of our website located at www.mdstaff.com (“Website”) which is owned and operated by Applied Statistics & Management Inc. (“ASM”, “we”, “us”, or “our”).

By accessing or using our Website, you are agreeing to follow these rules and be bound by these Terms of Use. If you do not agree with any of the provisions in these Terms of Use, please do not access or otherwise use the Website. These Terms of Use may change from time to time without prior notice. Visitors are encouraged to periodically review the Terms of Use for updates. 

1. USE OF WEBSITE

Subject to your compliance with these Terms of Use, ASM allows you to access and make personal and non-commercial use of the Website. You may not use any aspect of the Website, including without limitation, providing links to the Website or using any content or information available on the Website for any resale, commercial, or public use, without the prior express written consent of ASM. You may not make any copies or derivative uses of any content or information available on the Website without the prior express written consent of ASM.  

You may not use data mining, robots, or similar data gathering and extraction tools with our Website. You are also prohibited from attempting to breach our security measures, interfering with the use of or access to the Website, attempting to decipher, decompile, disassemble or reverse engineer any software used by or on our Website, or using any engine, software, tool or other mechanism, including without limitation, browsers, spiders or robots, to navigate or search our Website. 

All rights not expressly granted to you in these Terms of Use are reserved and retained by ASM.

2. INTELLECTUAL PROPERTY OWNED BY ASM

The material and content made available through the Website, including but not limited to, text, information, graphics, artwork, photographs, logos, icons, audio clips, video clips, and data compilations, is either owned by ASM or used with authorization by its respective owners.  

The Website and all of the content owned by ASM are protected by U.S. and international copyright laws and may not be copied, modified, reproduced, posted, downloaded, transmitted, displayed, broadcast, or distributed in any way, in whole or in part, without the prior express written consent of ASM. 

The trademarks, service marks, trade dress, and logos on the Website are owned, controlled and/or licensed by ASM and are protected by various intellectual property and unfair competition laws. 

Nothing in these Terms of Use or any other language on the Website is intended to create a license or give you any right to use any of the intellectual property or content on the Website.  ASM respects the intellectual property rights of others and actively enforces its own intellectual property rights to the fullest extent of the law.

3. ELECTRONIC COMMUNICATIONS

By using the Website, or by sending us messages, you are consenting to receive communications from us electronically. We will communicate with you by email, or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. THIRD PARTY AFFILIATES

From time to time, the Website may provide links to third party websites such as Twitter or Facebook. ASM takes no responsibility and assumes no liability for any content, warranties, representations, purchases, or any statements or activities made on or in connection any third party websites. 

5. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

The Website and any information, products, content, materials made available to you through the Website are provided on an “as is” and “as available” basis.

ASM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE WEBSITE, ITS CONTENTS, OR THE PRODUCTS AND SERVICES REFERENCED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ASM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL ASM BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR ACCESS OR USE OF THE WEBSITE, OR FROM ANY INFORMATION, PRODUCT, CONTENT, OR MATERIAL INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you are dissatisfied with the Website or any of its contents, or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Website.

This DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY shall apply to the extent not prohibited by applicable law. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.  

To the residents of New Jersey, your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act. The provisions in the Limitations of Liability and elsewhere in this Terms of Use and our Privacy Policy may be different than the rights you might enjoy under the laws of New Jersey. Your rights regarding the Limitations of Liability and other provisions in our Terms of Use and Privacy Policy will be governed by applicable New Jersey law and not by the Terms of Use and Privacy Policy to the extent that the provisions are inconsistent with New Jersey law. 

6. ARBITRATION CLAUSE AND CLASS ACTION WAIVER

This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act, and you agree that this section satisfies the writing requirement of the Federal Arbitration Act. We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Website or (ii) any data or information you may enter into the Website or that we may gather in connection with such use or interaction, you will not have the right to pursue a claim in court, or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Website, you agree to binding arbitration administered by JAMS. The JAMS Arbitrator shall apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations.

7. GOVERNING LAW 

You agree that all matters relating to your use of, or access to, the Website, and all matters relating to these Terms of Use are governed by the laws of the State of California, without giving effect to the conflict of laws principles thereof. 

8. CONTACT INFORMATION

If you have any questions about these Terms of Use or any other concerns related to the Website or ASM please contact us at:

Applied Statistics & Management Inc.

Attn: Legal Department

32848 Wolf Store Road

Temecula, CA 92592

Email:  legal@mdstaff.com

Phone: (800) 736-7276

Last Updated:  January 1, 2023