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Terms and Conditions 2. Binding Agreement. These Terms and Conditions,
together with all Exhibits to these Terms and Conditions (as they may be
amended from time to time by FurstPerson, Inc.) form a binding agreement (the
"Agreement") between you and FurstPerson, Inc., Your access to or use
of the Site indicates your acceptance of these Terms and Conditions. You are
agreeing to use the Site at your own risk.
3. Certain Definitions. The following definitions apply to
this Agreement: "FurstPerson, Inc. Web Site" or the "Site"
includes www.furstperson.com or
www.jobsincallcenters.com in its entirety and its related sites owned or
operated by FurstPerson, Inc., and includes their Content, Text, Graphics,
Design, Programming and Services as applicable in the context. "Content" includes all Text,
Graphics, Design and Programming used on the Site. "Text" includes
all text on every page of the Site, whether editorial, navigational, or
instructional. "Graphics" includes all logos, buttons, and other
graphical elements on the Site, with the exception of paid advertising
banners. "Design" includes
the color combinations and the page layout of the Site. "Programming"
includes both client-side code (HTML, JavaScript, etc.) and server-side code
(Active Server Pages, VBScript, databases, etc.) used on the Site. "Document" refers to any posting
to the Site, whether job or resume. "Services" means any services
provided on the Site by FurstPerson, Inc. or its agents. "User"
refers to any individual or entity who uses any aspect of the Site. "Job
Seeker" means a User who is accessing the Site to search for a job or in
any other capacity except as an Employer. "Employer" means a person or entity that is accessing the Site
to post a job or for any reason related to the purpose of seeking candidates
for employment. “User Content” refers
to any postings, comments, or content submitted by an individual utilizing the
Web Site services. "You" and
"your" means the person who (or the entity on behalf of whom you are
acting) that is agreeing to these Terms and Conditions.
4. Acceptable Use of the
Site.
4.1 General Use Rules. The Site is intended for
individuals seeking employment and for employers or recruiters seeking
candidates for employment. You may use this Site only for lawful purposes
within the stated context of FurstPerson, Inc.'s intended and acceptable use of
the Site. FurstPerson, Inc. is the sole interpreter of the Site’s intended and
acceptable use.
4.2 License to Use by
Users who are Job Seekers. FurstPerson, Inc. hereby grants you a limited, terminable, non-exclusive
right to access and use the Site only for your personal use seeking employment
opportunities for yourself. This authorizes you to view and download a single
copy of the material on the Site solely for your personal, noncommercial use.
You agree that you are solely responsible for the content of any Document you
post to the Site and any consequences arising from such posting. Your use of
the Site is a privilege. FurstPerson, Inc. reserves the right to suspend or
terminate that privilege for any reason at any time, in its sole discretion.
4.3 License to Use by
Users who are employers. FurstPerson, Inc. hereby grants you a limited, terminable,
non-exclusive right to access and use the Site only for your internal business
use seeking candidates for employment. This authorizes you to view and download
a single copy of the material on the Site solely for your personal use directly
related to using the Site for the purpose of searching and recruiting job
prospects. Users of the Resume Database please see our Resume Database Terms
and Conditions, which are incorporated herein by reference, for further
clarification. You may not sell, transfer or assign any products or services or
your rights to any products or services (including access to the Resume
Database) provided by FurstPerson, Inc. to any third party without the express
written authorization of FurstPerson, Inc.. You agree that you are solely
responsible for the content of any Document you post to the Site and any
consequences arising from such posting. FurstPerson, Inc. reserves the right to
suspend or terminate your access and use at any time if FurstPerson, Inc.
determines that you are in breach of any of these Terms and Conditions.
4.4 Other Specific
Rules. You
represent, warrant and agree that you will not use (or plan, encourage or help
others to use) the Site for any purpose or in any manner that is prohibited by
these Terms and Conditions or by applicable law. It is your responsibility to
ensure that your use of the Site complies with these Terms and Conditions and
all applicable laws.
4.5 User Content. You are
responsible for your communications and postings, including, but not limited
to, resumes and job postings (“User Content”). FurstPerson, Inc. does not have
an obligation to assess or guarantee the accuracy or appropriateness of the
communications or postings (even if FurstPerson, Inc. elects in its discretion
to attempt to do so). You agree not to send communications or make postings
that infringe or breach another party’s intellectual property rights, contract
rights or other rights (including copyrights, trademark rights or trade secret
rights). You agree not to send inappropriate communications or make inappropriate
postings, including but not limited to, communications and postings that are
obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing
to another user or any other person or entity, sexually-explicit, solicitations
of business, chain letters or pyramid schemes. FurstPerson, Inc. is not
responsible for any User Content or actions or omissions in response to User
Content.
By submitting User Content, you grant
the FurstPerson, Inc. and its affiliates the royalty-free, perpetual,
irrevocable, sublicenseable (through multiple tiers), non-exclusive right
(including any moral rights) and license to use, reproduce, distribute, display
and create derivative works from, distribute, communicate to the public,
perform and display the User Content (in whole or in part) worldwide and/or to
incorporate it in other works in any form for the full term of any rights that
may exist in such content or User Information, except as otherwise expressly
prohibited in these Terms of Use.
You also warrant that you have the
right through ownership, license or consent to submit the User Content and User
Information to be used in accordance with these Terms of Use. Subject to the
foregoing, the owner of such User Content and User Information retains any and
all rights that may exist in such content.
FurstPerson, Inc. may elect to, in its
sole discretion, investigate and take action based on allegations by a party
that another party violated these Terms of Use (however, FurstPerson, Inc. is
not required to do so). FurstPerson, Inc. need not verify or assess the
accuracy of any User Content or User Information.
5. Intellectual Property
Rights. The Site
and all right, title and interest in and to the Site is the sole property of
FurstPerson, Inc. or its licensors, and is protected by U.S. copyright and
international treaties. Except for the limited licenses expressly granted to
you in these Terms and Conditions, FurstPerson, Inc. reserves for itself and
its licensors all other right, title and interest. Without limitation on the
foregoing, you may not reproduce, modify, display, sell, or distribute the
Content, or use it in any other way for public or commercial purpose. This
includes copying or adapting the HTML code used to generate Web pages on the
Site. "FurstPerson, Inc.," the FurstPerson, Inc. design logo and
certain other names or logos are service marks or trademarks of FurstPerson,
Inc., and all related product and service names, design marks and slogans are
the service marks or trademarks of FurstPerson, Inc.. In addition, the
"look" and "feel" of the Site (including color
combinations, button shapes, layout, design and all other graphical elements)
are also protected by FurstPerson, Inc.'s trademarks, service marks and
copyrights. All other product and service marks contained on the Site are the
trademarks of their respective owners.
6. Disclaimers and
Limitations on FurstPerson, Inc.'s Liability.
6.1 Allocation of
Responsibility FurstPerson, Inc. assumes no responsibility for Documents posted by Users and
no responsibility for the activities, omissions or other conduct of Users.
FurstPerson, Inc. acts as a portal for the online distribution and publication
of User submitted information and has no obligation to screen communications or
information in advance and is not responsible for screening or monitoring
Documents posted by Users. If notified by a User of a Document which allegedly
does not conform to this agreement, FurstPerson, Inc. may investigate the
allegation and determine in good faith and in its sole discretion whether to
remove or request the removal of such Document. FurstPerson, Inc. has no
liability or responsibility to Users for performance or nonperformance of such
activities. FurstPerson, Inc. may take any action with respect to User submitted
information that it deems necessary or appropriate, in its sole discretion.
6.2 No endorsements by
FurstPerson, Inc. Nothing on the Site shall be considered an endorsement, representation or
warranty with respect to any User or third party, whether in regards to its web
site, products, services, hiring, experience, employment or recruiting
practices, or otherwise.
6.3 No Guaranty of Results. FurstPerson, Inc. does not guarantee that Job Seekers will be hired or
that Employers will find employees or contractors using the Website. This
Website facilitates Employers' posting opportunities and Job Seekers' posting
resumes and searching available opportunities. The Company is not a party to
any relationships entered into between an Employer and Job Seeker, and the
Company is not liable for any act or omission by an Employer or Job Seeker. You
are solely responsible for the form, content and accuracy of any User Content.
6.4 WARRANTY DISCLAIMERS 6.5 DAMAGE LIMITATIONS,
ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF. 7. Payment of Services
upon Termination of Service Agreement. If at any time during the course of this Agreement you
should terminate a Service Agreement in which these Terms and Conditions have
been incorporated by reference, not to include your termination in the case of
breach of this Agreement or the Service Agreement by FurstPerson, Inc.,
FurstPerson, Inc. shall reserve the right to receive all payments from you for
the Services used by you up to termination and for fifty percent (50%) of the
remaining unused portion of the Service Agreement.
8. Links to Other Sites. The Website
may contain links to third party websites as a convenience. FurstPerson, Inc.
is not responsible for the content of linked third-party sites and does not
make any representations regarding the content or accuracy of materials on such
third party Web sites. If you decide to access linked third party Web sites,
you do so at your own risk.
9. Amendments to this
Agreement and Changes to Site. FurstPerson, Inc. may revise this Agreement s at any time
by updating this page. Changes will be binding on you on the date they are
posted on the Site (or as otherwise stated in the any notice of such changes).
Any use of the Site will be considered acceptance by you of the then-current
Terms and Conditions (including any Exhibits thereto). If at any time you find
the Terms and Conditions unacceptable, you may not use the Site any longer. Any
new or different terms supplied by you are specifically rejected by
FurstPerson, Inc. unless FurstPerson, Inc. agrees to them in a signed writing
specifically including those new or different terms. FurstPerson, Inc. may
change the Site at any time.
10. Indemnity. You agree to defend, indemnify, and
hold harmless FurstPerson, Inc. (and its officers, directors, employees and
agents) from and against any third party claims, actions or demands (including,
without limitation, costs, damages and reasonable legal and accounting fees)
alleging or resulting from or in connection with your use of the Site, any
Document posted by you, or your breach of this Agreement. FurstPerson, Inc.
shall use reasonable efforts to provide you prompt notice of any such claim,
suit, or proceeding and may assist you, at your expense, in defending any such
claim, suit or proceeding.
11. User Information. The Privacy Policy posted on the
Site is incorporated into this Agreement by this reference. The Privacy Policy
governs data collected through FurstPerson, Inc.’s on-line operations only.
Please note, as set forth in the Privacy Policy, that FurstPerson, Inc. may
collect certain personal information from Users and may contact Users
periodically in accordance with the terms of the Privacy Policy. In addition,
FurstPerson, Inc. reserves the right to comply, in its sole discretion, with
legal requirements, requests from law enforcement agencies or requests from
government entities, even to the extent that such compliance may require
disclosure of certain information collected from Users.
12. Questions and
Notices. Questions
concerning the use of the Site should be directed to feedback@jobsincallcenters.com.
Notices shall be sent, for FurstPerson, Inc., to the address listed on the
Site, and, for you, to the address submitted by you or such other address as
FurstPerson, Inc. reasonably determines is an appropriate address for you.
13. General. FurstPerson, Inc. contact
information is listed on the Site. The FurstPerson, Inc. makes no claims that
the Content is appropriate or may be downloaded outside of the United States.
Access to the Content may not be legal by certain persons or in certain countries,
and such persons have no right to access or use the Site. If you access
FurstPerson, Inc. from outside of the United States, you do so at your own risk
and are responsible for compliance with the laws of your jurisdiction. This
Agreement and your Service Agreement, if you have one, are governed by the
internal substantive laws of the State of Illinois, without respect to its
conflict of laws principles. Jurisdiction for any claims arising under this
Agreement or your Service Agreement shall lie exclusively with the state or
federal courts in the State of Illinois. The sole relationship between you and
FurstPerson, Inc. is that of independent contractors. If any provision of this
Agreement is found to be invalid by any court having competent jurisdiction,
the invalidity of all or part of a provision shall not affect the validity of
the remaining parts and provisions of this Agreement, which shall remain in
full force and effect. All provisions of this Agreement shall survive
termination except those granting access or use to the Site, and you shall
cease all your use and access thereof immediately. You may not assign or
transfer your obligations under this Agreement. No waiver of any term of this
Agreement shall be deemed a further or continuing waiver of such term or any
other term. Except as expressly provided by FurstPerson, Inc. in a particular
"Legal Notice," or software license or material on particular Web
pages of the Site, this Agreement and your Service Agreement where applicable,
constitute the entire agreement between you and FurstPerson, Inc.
14. Privacy Policy. The terms in this
policy displayed in initial caps have the meanings set forth in the Terms &
Conditions.
Except as set forth herein FurstPerson,
Inc. will not disclose any User Information it gathers from you to companies
unaffiliated with the Company. Any User Information provided to entities
affiliated with FurstPerson, Inc. will be treated in accordance with the terms of
this Privacy Policy, unless you are otherwise notified. In the following
circumstances FurstPerson, Inc. may release User Information when FurstPerson,
Inc. believes, in good faith, that such release is reasonably necessary: (i) to
comply with the law, (ii) to enforce or apply these Terms of Use and (iii) to
protect the rights, property or safety of FurstPerson, Inc., Employers, Job
Seekers, or others. FurstPerson, Inc. may also provide User Information to our
vendors, suppliers, agents and subcontractors ("Vendors") where it is
necessary in order for such Vendors to (1) provide us with products and
services related to our Website or (2) provide you with a service requested by
You.
The security of Your User Information
is very important to us. FurstPerson will use reasonable security measures to
protect the User Information. Despite these security measures, FurstPerson,
Inc. does not represent or warrant that User Information will be protected
against loss, misuse or alteration. FurstPerson, Inc. additionally collects
information about You and Your use of the site through the use of Cookies. If
You have any questions regarding FurstPerson, Inc.’s Privacy Policy, or if You
would like to have Your User Information removed from FurstPerson, Inc.’s
systems, please contact FurstPerson, Inc. at: |
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