because they are binding on You. The terms "You" and
"User" as used herein refer to all individuals and/or entities
accessing this web site for any reason.
2. Use of The Franklin Paterson Company Content.
The Company authorizes You to view and access a single copy of the content available on or from FPSelectJobs.com solely for your personal use. The contents of FPSelectJobs.com, and of all other websites under
the Company's control, whether partial or otherwise (FPSelectJobs.com and such other websites are sometimes collectively referred to as "Franklin Paterson Sites") such as text, graphics, images, logos, button icons, software and other Franklin Paterson Content (collectively, "Franklin Paterson Content"), are protected under both United States and foreign copyright, trademark and other laws. All Franklin Paterson Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Franklin Paterson Sites are the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Franklin Paterson Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in the original Franklin Paterson Content on any copy You make of the Franklin Paterson Content. You may not sell or modify the Franklin Paterson Content or reproduce, display, publicly perform, distribute, or otherwise use the Franklin Paterson Content in any way for any public or commercial purpose. The use of the Franklin Paterson Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that the Company creates to generate any Franklin Paterson Content or the pages making up any Franklin Paterson Site which is also protected by the Company's copyright.
3. Franklin Paterson Site Restrictions.
Users may not use any Franklin Paterson Site in order to transmit, distribute, store or destroy material, including without limitation Franklin Paterson Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Users are also
prohibited from violating or attempting to violate the security of any Franklin Paterson Site, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Franklin Paterson Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
4. Specific Prohibited Uses.
The job posting and resume database features of FPSelectJobs.com may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees.
specifically prohibits any other use of FPSelectJobs.com, and all Users agree
not to do any of the following: (a) post any jobs on any Franklin Paterson Site for any competitor of Franklin Paterson or posting jobs or other content that contains links to any site competitive with Franklin Paterson; (b) post jobs or content on any Franklin Paterson Site that contain any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the job or
are otherwise misleading contained in a job posting are prohibited; (c) post
jobs for modeling or talent or talent scouting positions on any Franklin Paterson Site; (d) use any Franklin Paterson Site Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Resume Database to sell or promote any products or services; (e) post or submit to any Franklin Paterson Site any incomplete, false or inaccurate biographical information or information which is not your
own; (f) post on any Franklin Paterson Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear
that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents; (g) send unsolicited mail or e-mail, making unsolicited phone
calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of any Franklin Paterson Site; (h) delete orrevise any material posted by any other person or entity; (i) take any actionthat imposes an unreasonable or disproportionately large load on any Franklin Paterson Site's infrastructure; (j) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or
other device or mechanism (including without limitation browsers, spiders,
robots, avatars or intelligent agents) to navigate or search any Franklin
Paterson Site other than the search engine and search agents available from
the Company on such Franklin Paterson Site and other than generally available
third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); (k)
attempt to decipher, decompile, disassemble or reverse engineer any of the
software comprising or in any way making up a part of any Franklin Paterson
Site; (m) aggregate, copy or duplicate in any manner any of the Franklin
Paterson Content or information available from any Franklin Paterson Site; or
(n) frame or link to any of Franklin Paterson Content or information
available from any Franklin Paterson Site.
5. Registration Information.
When You register with any Franklin Paterson Site, You will be asked to
provide the Company with certain information including, without limitation, a
valid email address (your "Information").
Paterson Web Site, You understand and agree that the Company may disclose to
third parties, on an anonymous basis, certain aggregate information contained
in your registration application. The Company will not disclose to any third
party your name, address, e-mail address or telephone number without your prior
consent, except to the extent necessary or appropriate to comply with
applicable laws or in legal proceedings where such information is relevant.
The Company reserves the right to offer
third party services and products to You based on the preferences that You
identify in your registration and at any time thereafter; such offers may be
made by the Company or by third parties. Please see the FPSelectJobs.com Privacy Statement for further details regarding your Information.
Without limiting any of the other
does not provide or make any representation as to the quality or nature of
any of the third party products or services purchased through FPSelectJobs.com or any other Franklin Paterson Site, or any other representation, warranty or
guaranty. Any such undertaking, representation, warranty
or guaranty would be furnished solely by the provider of the applicable
class, or learning material, product or service, under the terms agreed to by
If you cancel your FPSelectJobs.com account, all your account information at the Company, including resumes, cover letters, network profiles, saved jobs, questionnaires and email mailing
lists may be removed from FPSelectJobs.com and Franklin Paterson's databases and may not be able to be retrieved once deleted.
6. User Content and Submissions.
You are solely responsible for your account information, profile, content, messages or other information ("User Content")
that You submit, publish or display (hereinafter, "post") on any Franklin
Paterson Site or transmit to other Users. By posting User
Content to any Franklin Paterson Site, You automatically grant, and You
represent and warrant that You have the right to grant, to Franklin Paterson
an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to
use, copy, perform, display, and distribute such User Content and to prepare
derivative works of, or incorporate into other works, such User Content, and
to grant and authorize sublicenses thereof.
Privacy Reminder :
Protect your personal information. Never provide social security, credit card
or bank account numbers to prospective employers.
By posting User Content
to any public or non-public area of any Franklin Paterson Site, including
message boards, forums, contests and chat rooms, You grant the Company and
its affiliates the royalty-free, perpetual, irrevocable, sublicenseable
(through multiple tiers), non-exclusive right (including any moral rights)
and license to use, reproduce, modify, adapt, publish, translate, 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, media, or technology now known or
later developed, for the full term of any rights that may exist in such
content. You also
warrant that the holder of any rights, including moral rights in such
content, has completely and effectively waived all such rights and validly
and irrevocably granted to You the right to grant the license stated above.
You also permit any User to access, display, view, store
and reproduce such User Content for personal use. Subject to the foregoing,
the owner of such User Content placed any Franklin Paterson Site retains any
and all rights that may exist in such User Content.
The Company acts as a passive conduit for
the online distribution and publication of User Content and has no obligation
to screen communications or information in advance and is not responsible for
screening or monitoring User Content posted by Users. However, the Company
may review and delete any User Content that, in the sole judgment of Franklin
the rights of, harms or threatens the safety of Users of any Franklin
Paterson Site. The Company reserves the right to expel Users and prevent
their further access to the Franklin Paterson Sites for violating the Terms
of Use or applicable law, rule or regulation and the right to remove User
disruptive. The Company may take any action with respect to User Content that
it deems necessary or appropriate in its sole discretion if it believes it
may create liability for the Company or may cause the Company to lose (in
whole or in part) the services of its ISPs or other suppliers.
The following is a partial list of User
Content that is prohibited on the Franklin Paterson Sites. The list below is
for illustration only and is not a complete list of all prohibited User
Content. Prohibited User Content includes content that:
- is implicitly or explicitly offensive, such as
User Content that engages in, endorses or promotes racism, bigotry,
hatred or physical harm of any kind against any group or individual;
- harasses, incites harassment or advocates
harassment of another any group or individual;
- involves the transmission of "junk
mail", "chain letters," or unsolicited mass mailing or
- promotes or endorses false or misleading
information or illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorized
copy of another person's copyrighted work, such as providing or making
available pirated computer programs or links to them, providing or
making available information to circumvent manufacture-installed
copy-protect devices, or providing or making available pirated music or
other media or links to pirated music or other media files;
- contains restricted or password only access
pages, or hidden pages or images;
- displays or links to pornographic, indecent or
sexually explicit material of any kind;
- provides or links to material that exploits
people under the age of 18 in a sexual, violent or other manner, or
solicits personal information from anyone under 18; or
- provides instructional information about
illegal activities or other activities prohibited by these Terms,
including without limitation, making or buying illegal weapons,
violating someone's privacy, or provides or creates computer viruses or
pirating any media; and solicits passwords or personal identifying
information from other Users;
Any user profile that You submit must
describe You, an individual person. Examples of inappropriate and prohibited
profiles include, but are not limited to, profiles that purport to represent
an animal, place, inanimate object, fictional character, or real individual
that is not You.
reserves the right in its sole discretion to investigate and take legal
action against anyone who engages in any illegal or prohibited conduct or
the User Content from the Franklin Paterson Sites and/or terminating the
offending User's ability to access the Franklin Paterson Sites and/or use Franklin
The Company may take any other action with respect to User Content or User
actions that it deems necessary or appropriate in its sole discretion if it
believes it may create liability for the Company or may cause the Company to
lose (in whole or in part) the services of its ISPs or other suppliers.
The Company does not represent or
guarantee the truthfulness, accuracy, or reliability of User Content or any
other communications posted by Users or endorse any opinions expressed by
Users. You acknowledge that any reliance on material posted by other Users
will be at your own risk.
The Company has no obligation to screen
User Content in advance and is not responsible for screening or monitoring
User Content posted by Users. If notified by a User of communications which
discretion investigate the allegation and determine whether to take any other
actions whether to remove or request the removal of the User Content. The
Company has no liability or responsibility to Users for performance or
nonperformance of such activities.
We appreciate hearing from our Users and
welcome your comments regarding our services and the Franklin Paterson Sites.
Please be advised, however, that our policy does not permit us to accept or
consider creative ideas, suggestions, inventions or
materials other than those which we have specifically requested. While we do
value your feedback on our services, please be specific in your comments
regarding our services and do not submit creative ideas, inventions,
suggestions, or materials. If, despite our request, You send us creative
suggestions, ideas, drawings, concepts, inventions, or other information
(collectively the "Submission"), the Submission shall be the
property of the Company. None of the Submission shall be subject to any
obligation of confidentiality on our part and we shall not be liable for any
use or disclosure of any Submission. The Company shall own exclusively all
now known or later discovered rights to the Submission and shall be entitled
to unrestricted use of the Submission for any purpose whatsoever, commercial
or otherwise, without compensation to You or any other person who submitted
7. Registration and Password.
You are responsible for maintaining the confidentiality of your FPSelectJobs.com account, passwords, and your billing account. You shall be responsible for all uses of your Web Site registrations and passwords, whether or not authorized by You. You agree to immediately notify the Company of any unauthorized use of your FPSelectJobs.com, passwords and your
8. Identification of Agent to Receive
Notification and Elements of Notification of Claimed Copyright Infringement.
If You believe that your copyrighted work has been uploaded, posted or copied
to any Franklin Paterson Web Site and is accessible on such Franklin Paterson
Site in a way that constitutes copyright infringement, please notify us by
providing our designated copyright agent with the following information:
physical or electronic signature of either the copyright owner or of a person
authorized to act on the owner's behalf;
description of the copyrighted work You claim has been infringed, and a
description of the activity that You claim to be infringing;
of the URL or other specific location on this web site where the material or
activity You claim to be infringing is located or is occurring; You must
include enough information to allow us to locate the material or the
name, address, telephone number and, if You have one, your e-mail address;
statement by You that You have a good faith belief that use on the web site
of the copyrighted work in the manner You are complaining of is not
authorized by the copyright owner, any agent of the copyright owner, or the
statement by You, made under penalty of perjury, that the information You
have provided in your notice is accurate and that You are either the
copyright owner or are authorized to act on behalf of the copyright owner.
Please send all notices of claimed
copyright infringement on the Franklin Paterson Sites to:
Franklin Paterson Company
The Precedent, 9465 Counselors Row,
By e-mail: email@example.com
9. Policy Regarding Termination of Users
and Account Holders Who Repeatedly Infringe The Copyright or Other
Intellectual Property Rights of Others
Franklin Paterson and all of our affiliated companies respect the
intellectual property of others, and we ask our users, account holders and
content partners to do the same. The unauthorized reproduction, copying,
distribution, modification, public display or public
performance of copyrighted works constitutes infringement of the copyright
owners rights. As a condition to your use of any of The Franklin Paterson
Company’s websites , You agree not to use The Franklin Paterson Company or any other Franklin Paterson Site to infringe the intellectual property rights of others in any way. We
will terminate the accounts of any Franklin Paterson Company account holders,
and block access to Franklin Paterson Company, FPSelectJobs.com, Franklin Paterson Resumes, and/or any other Franklin Paterson Site of any Users who are repeat infringers of the
copyrights, or other intellectual property rights, of others. We reserve the
right to take these actions at any time, in our sole discretion, with or
without notice, and without any liability to the account holder who is terminated
or to the User whose access is blocked.
10. The Company's Liability.
The Franklin Paterson Company acts as a
venue for employers to post job opportunities and candidates to post resumes
and does not screen or censor the listings offered. The Company is not involved
in the actual transaction between employers and candidates. As a result, the Company has no control over the quality, safety
or legality of the jobs or resumes posted, the truth or accuracy of the
listings, the ability of employers to offer job opportunities to candidates
or the ability of candidates to fill job openings or any User Content and
makes no representations about any jobs, resumes or User Content on Franklin
Paterson Company websites.
In addition, note that there are risks,
including but not limited to the risk of physical harm, of dealing with
strangers, foreign nationals, underage persons or
people acting under false pretenses. You assume all risks associated with
dealing with other users with whom You come in contact
through Franklin Paterson Company and/or the other Franklin Paterson
Sites. By its very nature, other people's information may be
offensive, harmful or inaccurate, and in some cases
will be mislabeled or deceptively labeled. We expect that You will use
caution and common sense when using FPSelectJobs.com and/or the other Franklin
Because user authentication on the
Internet is difficult, the Company cannot and does not confirm that each User
is who they claim to be. Because we do not and cannot be
involved in user-to-user dealings or control the behavior of participants on
any Franklin Paterson Site, in the event that You have a dispute with one or
more Users, You release the Company (and our agents and employees) from
claims, demands and damages (actual and consequential, direct and indirect)
of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with such
If You are a California resident, You
waive California Civil Code d1542, which says: "A general release does
not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which if known by him must
have materially affected his settlement with the debtor."
The Franklin Paterson Sites and the Franklin
Paterson Content may contain inaccuracies or typographical errors. The
Company makes no representations about the accuracy, reliability,
completeness, or timeliness of any Franklin Paterson Site or the Franklin
Paterson Content. The use of all Franklin Paterson Sites and the Franklin
Paterson Content is at your own risk. Changes are periodically made to Franklin
Paterson Sites and may be made at any time. You acknowledge and agree that
You are solely responsible for the form, content and accuracy of any resume
or material contained therein placed by You on the Franklin Paterson Sites.
Employers are solely responsible for their postings on Franklin Paterson Sites. The Company is not to be considered to be an employer with respect to
your use of any Franklin Paterson Site and the Company shall not be
responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on any Franklin Paterson Site.
Franklin Paterson cannot guarantee and
does not promise any specific results from use of any Franklin Paterson Site.
No advice or information, whether oral or written, obtained by a User from Franklin Paterson or through or from Franklin Paterson Company or any other Franklin Paterson Site shall create any warranty not expressly stated herein.
11. Disclaimer of Warranty.
THE COMPANY DOES NOT WARRANT THAT ANY FRANKLIN PATERSON SITE WILL OPERATE ERROR-FREE
OR THAT ANY FRANKLIN PATERSON SITE
AND ITS SERVERS ARE FREE
OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR
USE OF ANY FRANKLIN PATERSON SITE
OR THE FRANKLIN PATERSON CONTENT RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, THE
COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE FRANKLIN
SITES AND FRANKLIN PATERSON
CONTENT ARE PROVIDED ON AN
"AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO
THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO
WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF
THE FRANKLIN PATERSON CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
12. Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD
PARTIES MENTIONED ON ANY FRANKLIN PATERSON SITE
BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA
OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY FRANKLIN
PATERSON SITE AND THE FRANKLIN PATERSON CONTENT, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
13. Limitation of Liability.
FRANKLIN PATERSON'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH
ANY FRANKLIN PATERSON SITE OR
YOUR USE OF THE FRANKLIN PATERSON CONTENT, REGARDLESS OF THE CAUSE OF ACTION
(WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED
14. Purchases and Sales
ALL PURCHASES AND SALES ARE
FINAL. NO REFUNDS.
15. Links to Other Sites.
Franklin Paterson Company and
certain other Franklin Paterson Sites contain links to third party web sites.
These links are provided solely as a convenience to You and not as an
endorsement by the Company of the contents on such third-party Web sites. The
Company 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.
16. No Resale or Unauthorized Commercial
You agree not to resell or assign your rights or obligations under these
any Franklin Paterson Site.
You agree to defend, indemnify, and hold harmless the
Company, its affiliates, and their respective officers, directors, employees
and agents, from and against any claims, actions or demands, including
without limitation reasonable legal and accounting fees, alleging or
resulting from (i) any User Content or other material You provide to any Franklin
Paterson Site, (ii) your use of any Franklin Paterson Content, or (iii) your
to You promptly of any such claim, suit, or proceeding.
The Company makes no claims that the Franklin Paterson Content may be
lawfully viewed or accessed outside of the United States. Access to the Franklin
Paterson Content may not be legal by certain persons or in certain countries.
If You access a Franklin Paterson Company or other U.S.-based Franklin Paterson
Sites from outside of the United
States, You do so at your own risk and are
responsible for compliance with the laws of your jurisdiction. These Terms of
Use are governed by the internal substantive laws of the State of Indiana, without
respect to its conflict of laws principles and relevant federal laws.
Jurisdiction for any claims arising under this agreement shall lie
exclusively with the state or federal courts within La Porte, Indiana.
be invalid by any court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of these
such term or any other term. Except as expressly provided in an additional
sites, a particular "Legal Notice," or Software License or material
between You and the Company with respect to the use of Franklin Paterson
revised posting on this page.
Certain areas of FPSelectJobs.com and the other Franklin Paterson Sites
Action / Equal Opportunity Statement
All employers that post
on Franklin Paterson Company websites agree not to discriminate on the
basis of race, color, religion, national origin, sex, age, disability,
marital status, or military veteran status, as is defined by law, in
employment, admission, or operation of its activities, as prescribed by
Titles VI and VII of the Civil
Rights Act of 1964, Title IX of the Education Amendments of 1972, sections
503 and 504 of the Rehabilitation Act of 1974 and 1975, Americans with
Disabilities Act 1992, and other federal and state laws and regulations. Inquiries concerning the application of
these executive orders may be directed to the Director, Office for Civil
Rights, U.S. Department of Labor, Washington, D.C.
21. Term and
remain in full force and effect while You are a User of Franklin Paterson Company
websites at any level. The Company reserves the right, at
its sole discretion, to pursue all of its legal remedies, including but not
limited to deletion of your User Content from Franklin Paterson Company and
the other Franklin Paterson Sites and immediate termination of your
registration with or ability to access FPSelectJobs.com and the other Franklin
Paterson Sites and/or any other services provided to You by the Company, upon
or authenticate any information You submit to Franklin Paterson Company or
other Franklin Paterson Site registration. Even after You are no
longer a User of Franklin Paterson Company, websites certain provisions of these Terms
of Use will remain in effect, including Sections 2, 6, 8 through 21,