Terms of Use

These Terms of Use (“Terms” or “Agreement”) are an agreement between you (“you” or “User”) and Nesco Resource LLC (“Nesco,” “we,” “our,” or “us”) and describes the legal relationship between Nesco and you. These Terms govern your use of the website, https://nescoresource.com/, and all related websites operated by Nesco including https://nescoresource.com/resources/associate-portal/, content, features, and applications made available through the website and services that refer to these Terms (collectively, the “Website”).

 

Please read these Terms carefully. By using this Website, you acknowledge that you have read and understood these Terms and agree to be bound by them.

 

The Website does not constitute or purport to constitute a source of advice nor does your use of the Website constitute or guarantee a job or employment relationship between you and us or between you and our vendors, suppliers, affiliates, or other third parties.

 

Changes to Terms

Nesco reserves the right to revise or modify these Terms from time to time in our sole discretion without prior notice.  All changes are effective as soon as they are posted, and the most current version of the Terms will supersede all previous versions. Your use of the Website following any changes constitutes your acceptance and agreement to be bound by the updated Terms. Please check these Terms regularly to ensure you agree to them.

 

Website Standards

You acknowledge and voluntarily and expressly accept that your use of the Website is made under your sole and exclusive responsibility and at your sole risk. As a condition of your use of the Website, you warrant to Nesco that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. You may not, without our express written, prior permission, access, monitor, manipulate or copy any content or information on the Website using any data mining, robot, spider, scraper, or other automated means or any manual process for any purpose; take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Website; decompile, reverse engineer, modify, or disassemble any of the software on the Website; deep-link to any portion of the Website for any purpose; or “frame,” “mirror,” or otherwise incorporate any part of the Website into any other website. You agree to prevent any unauthorized hacking of the Website or unauthorized use. You may not exploit software errors or weaknesses to manipulate the system or Website. You may not use this Website to publish, disseminate, or submit any defamatory, offensive, improper, or illegal material. You agree to comply with all applicable federal, state, local, and international laws, codes, ordinances, and regulations when using the Website.

 

Privacy and Security

Many portions of the Website are available for public viewing and use without the requirement to provide Personal Information or participate in any activity available on the Website. However, some services are only available if you provide your personal information and/or register through the creation of an account. You grant us and our vendors, affiliates, and suppliers the right to collect, use, share, and store the information you provide to us in connection with the operations of the Website and performance of our services.

 

If you choose, or you are provided with, a user identification, password, or any other piece of information as part of the Website operations, you must treat such information as confidential, and you must not disclose it to any third party. You are solely responsible for maintaining the confidentiality, completeness, and accuracy of your personal and account information, and any loss caused by your failure to do so is your sole responsibility. You are also solely responsible for any and all activities that occur related to your account. You must notify us immediately of any suspected or actual unauthorized use of your account or user information, and any and all other security breaches.

 

Nesco has implemented appropriate physical, technical, and organizational safeguards to protect the Website and your Personal Information, but no security methodology is 100% secure. Therefore, we cannot guarantee its absolute security and we cannot guarantee the non-existence of viruses or any other elements that may cause alterations to your computer systems (hardware or software) or to your data and files contained in your systems. We keep your Personal Information for as long as necessary to fulfill the purposes set out in this General Privacy Policy, unless otherwise required by law.

 

All information we collect, use, share, or store through or in connection with this website is subject to our General Privacy Notice and information related to potential job opportunities is subject to our Associate Privacy Notice, which are incorporated in these Terms by reference for all purposes. By accessing or using the Website you are also agreeing to our General Privacy Notice and Associate Privacy Notice.

 

Intellectual Property

All content included as part of the Website or its operations, including all text, graphics, logos, images, button icons, audio clips, software, trademarks, copyrighted information, or any other material displayed on or contained within the Website (collectively, the “Content”), as well as the compilation, collection, arrangement, and assembly thereof, is the property of or licensed by Nesco or its suppliers, vendors, or affiliates and protected by copyright and other laws that protect intellectual property and proprietary rights. You do not have, nor does your use of or access to the Website give you, any ownership interest in the Content. Any use of the Content that is inconsistent with the Website’s purpose, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Content or Website, is strictly prohibited. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in the Content.

 

You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Website. Nesco content and all other Content are not for resale. Your use of the Website does not entitle you to make any unauthorized use of any Content, and in particular you may not delete or alter any proprietary rights or attribution notices in any Content. You may use Content solely for your individual use and may make no other use of the Content without the express written permission of Nesco and the copyright owner. Nesco does not grant you any licenses, express or implied, to the intellectual property of Nesco or its licensors except as expressly authorized by these Terms.

 

Nesco respects the intellectual property of others. If you believe that your work has been copied in a way that violates your rights, please provide us the information necessary to evaluate your claim and respond appropriately.

 

Electronic Communications

We may use your information to send you electronic messaging (e.g., mail, text messaging, etc.) or other wireless device multimedia messaging services (“MMS”) or short message services (“SMS”) communications for both business and marketing purposes (the “Mobile Services”). Messages and data rates may apply for any SMS, MMS, and other electronic communications, depending on carrier and service plan. For example, you may be charged a fee by your wireless carrier to send and receive messages based on the terms of your wireless device service plan. We are not responsible for any fees or charges incurred by you.

 

No Offer or Solicitation

The information provided on the Website does not constitute an offer of, or solicitation for, the purpose or disposal of, trading, or any transaction in any securities. Individuals and investors must not rely upon the information contained on the Website for investment decisions.

 

Third-Party Websites and External Links

Nesco may refer to, link to, or utilize the services of third-party service providers accessible on the Website. Nesco makes no representations whatsoever about any other Internet website which you may access through this one. Some websites linked to us are owned and operated by third parties. Because we have no control over those websites and resources, we are not responsible or liable for the availability of those external websites or resources, and we do not screen or endorse them. We are not responsible or liable for any content, advertising, services, products, or other materials on or available from third-party websites or resources. We are also not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third-party content, goods or services available on or through any third-party website or resource. If you decide to access any third-party website, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted on those websites.

 

Applicable Law

The Website is controlled, operated, and administered by Nesco from our offices within the United States. To the maximum extent permitted by law, the Website, this Agreement, and all terms of use applicable to the Website, are governed by and will be interpreted by the laws of the State of Ohio without regard to its conflicts of laws rules and you consent to the exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

If you access the Website from a location outside the United States, you are responsible for compliance with all non-US laws, including the local laws of your jurisdiction. You agree that you will not use the Website or content in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless Nesco, its officers, directors, employees, agents, independent contractors, telecommunication providers, affiliates, suppliers, vendors, its licensors, and third parties, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from, relating to, or arising out of your acts or omissions, including but not limited to your use of or inability to use the Website or services, including from outside the United States, any transmission or transfer of data in connection with, arising from, or resulting from your use of the Website, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Nesco reserves the right to participate in or assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at its own cost, and choose its own legal counsel, but is not obligated to do so, in which event you will fully cooperate with Nesco in asserting any available defenses. This indemnification shall survive any termination or discontinuation of the operation of the Website.

 

Arbitration

PLEASE REVIEW THESE SECTIONS CAREFULLY. AS DESCRIBED BELOW, IT (i) LIMITS YOUR ABILITY TO LITIGATE CERTAIN CLAIMS IN COURT; (ii) LIMITS YOUR ABILITY TO COMBINE CLAIMS AND TO BRING CLAIMS THROUGH CLASS ACTIONS, AND (iii) LIMITS YOUR ACCESS TO A JURY TRIAL.

 

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Cleveland, Ohio. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.

 

Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Nesco agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION. NESCO MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME WITHOUT NOTICE.

 

NESCO AND/OR ITS AFFILIATES, VENDORS, OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, CONTENT, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITH ALL FAULTS AND DEFECTS AND WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NESCO AND/OR ITS AFFILIATES, VENDORS, OR SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

USE OF THE WEBSITE DOES NOT IN ANY WAY CONSTITUTE AN AGREEMENT TO PROVIDE YOU STAFFING SERVICES, EMPLOYMENT, OR ANY OTHER KIND OF SERVICES. WE EXPRESSLY EXCLUDE ANY AND ALL KINDS OF LIABILITY FOR DECISIONS MADE BY YOU BASED ON THE WEBSITE OR THE WEBSITE’S CONTENT. WE ARE NOT UNDER ANY DUTY TO MAKE THE WEBSITE AVAILABLE, AND WE WILL NOT BE LIABLE IF FOR ANY REASON THE WEBSITE IS UNAVAILABLE, TOTALLY OR PARTIALLY, AT ANY TIME FOR ANY PERIOD.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NESCO AND/OR ITS AFFILIATES, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR DESTRUCTION OR LOSS OF: USE, DATA, PROFITS, REVENUE, OR GOODWILL, OR FOR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NESCO OR ANY OF ITS AFFILIATES, VENDORS, OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

 

WITHOUT LIMITATION TO THE FOREGOING, NESCO MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR WEBSITE, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, THAT THE INFORMATION WILL BE SUITABLE FOR YOUR NEEDS, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE INCLUSION OF ANY PARTICULAR PRODUCT OR SERVICE ON THE WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICE BY NESCO.

 

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

 

Termination/Access Restriction

Nesco reserves the right, in its sole discretion, to terminate or limit your access to the Website and the related services at any time, without notice, or to take any action we determine is necessary if we believe that your use of the Website violates these Terms or infringes upon the rights of any person or entity. Any such action by Nesco does not limit our rights or remedies at law or in equity.

 

Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the Website and refuse to provide our services to you at any time, with or without advance notice, if:

1. We believe that you have breached any material term of these Terms;
2. We are unable to verify or authenticate the information you provide to us;
3. We believe you are engaged in fraudulent, abusive, or unlawful activity;
4. You access unauthorized areas of the Website;
5. We believe that your actions may cause legal liability for you, our visitors, or us;
6. We decide to cease operations or to otherwise discontinue any of the services or its parts.

 

Neither Nesco nor any third party acting on our behalf shall be liable to you for any termination of your access to the Website or our services.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nesco as a result of this Agreement or use of the Website. Nesco’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Nesco’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Nesco with respect to such use.

 

Entire Agreement

Unless otherwise expressly stated, this Agreement, which incorporates the General Privacy Notice and Associate Privacy Notice, constitutes the entire agreement between the user and Nesco with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Nesco with respect to the Website. It is the express wish to the parties that this Agreement and all related documents be written in English.

 

Severability

If any part of these Terms or this Agreement is determined to be invalid, illegal, or unenforceable by the arbitrator or a court of competent jurisdiction including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision in the future.

 

Force Majeure

We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; epidemics (including Covid-19), quarantines, war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server, or software, for so long as such event continues to delay, inhibit or interrupt our performance.

 

Assignment/Delegation/No Third-Party Beneficiaries

You may not assign or transfer rights nor delegate any duties or obligations under this Agreement without the prior written consent of Nesco, which may be withheld in its sole discretion.  This Agreement is between you and Nesco as to your use of the Website and there are no third-party beneficiaries to the Agreement in connection therewith.

 

Notices

Any party seeking relief under these Terms must first notify the other party of the claim in writing at least sixty (60) days in advance of initiating any action. All notices should be sent to:

 

6140 Parkland Blvd, Mayfield Heights, OH 44124

 

All other comments, requests for technical support, and other communications relating to the Website should be directed to:

 

Email Address: marketing@nescoresource.com

Telephone number: 440-461-1500