Please read these Conditions and conditions of service carefully before registering with AskFranklin.org ("the Site").
These Conditions constitute a binding agreement between the Jobseeker and the Company, and by registering with this Website, or for any Service on the Website, the Jobseeker signifies their acceptance of these Conditions and their continued use of the Website and the Services shall also indicate their ongoing acceptance of these Conditions. The Company reserves the right to amend, remove, or add to these Conditions at any time without notice, however the Company will endeavor to give the Jobseeker notice of such amendments as soon as it is reasonably practicable to do so. Such modifications shall be effective immediately. Accordingly, the Jobseeker should continue to review these Conditions whenever accessing or using this Website. If the Jobseeker does not agree with all of these Conditions, then the Jobseeker should not proceed to use the Website or register for any of the Services.
1.1 In these Conditions:
"Advertisement" shall mean all advertising material or promotional material supplied by the Customer for placement on the Website and which the Jobseeker may be interested in responding to.
"Agency" shall mean a person, partnership or limited company carrying on the business of an employment agency or a recruitment agency.
"Commencement Date" shall mean the date on which you agree to be bound by these Conditions and conditions.
"Company" shall mean Franklin Apprenticeships LLC.
"Conditions" shall mean these Conditions and conditions which form the basis of the contract entered into between the Company and the Jobseeker for the provision of the Services.
"Confidential Information" shall mean all information provided in relation to accessing the Services including, amongst other things, any and all data uploaded by you in order to use the Services;
"Customer" shall mean any person or body corporate to whom the Services are provided, including but not limited to any Agency, and any person who is advertising or using the Resume Search Facility.
"Jobseeker" shall mean any person who uses the Website in order to find potential employment or otherwise, and who may upload their résumé onto the Website and create an individual profile of themselves, which may include personal information which will be accessible to the public.
"Party" shall mean a party to these Conditions (and “Parties” shall be construed accordingly) and shall include its successors in title and permitted assignees.
"Resume Search Facility" shall mean the facility provided by the Company through the Website which allows the Customer to search the Company’s database of Jobseeker’s resumes.
"Services" shall mean the uploading of any Jobseeker résumé to the Website and permitting Customers to view the Jobseeker’s résumé accordingly.
"Website" shall mean the website operated by the Company and known as www.askfranlin.org which includes a variety of features and Services, including but not limited to the Resume Search Facility, an online service to post and search employment opportunities, advanced search facilities, and a video Resume Service.
"Working Day" shall mean any day that the banks in the US are open for business, other than a Saturday, Sunday or public holiday.
1.2 Clause, schedule and paragraph headings do not affect the interpretation of these Conditions, and a reference to a clause or a schedule is a reference to a clause of, or a schedule to, these Conditions. A reference to a paragraph is to a paragraph of the relevant schedule.
1.3 A person includes a natural person, a corporate or unincorporated body, undertakings, or partnerships (whether or not having a separate legal personality) and is irrespective of jurisdiction in or under the law it was incorporated or exists.
1.4 Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular, and a reference to one gender includes a reference to the other genders, and references to the words “including” or “include” are deemed to have the words “without limitation” following them.
1.5 A reference to a particular statute, statutory provision or subordinate legislation is a reference to it as it is in force from time to time taking account of any amendment or re-enactment and includes any statute, statutory provision or subordinate legislation which it amends or re-enacts and subordinate legislation for the time being in force made under it.
1.6 Any obligation in these Conditions on a person not to do something includes an obligation not to agree or allow that thing to be done by any other third party.
2. Basis of Contract
2.1 Subject to the Jobseeker complying with these Conditions at all times, the Company shall perform or provide the Services.
2.2 Any Apprenticeships posting, the Resume Search Facility and any other features of the Website may be used only by Jobseekers seeking employment and/or career information and by Customers seeking employees. Use of the Services is also subject to any other contracts either the Jobseeker or the Customer may have entered into separately with the Company. In the case of any conflict between these Conditions and any separate contract the Jobseeker or Customer may have with the Company, the Conditions of the separate contract will prevail.
2.3 Customers and Jobseekers who violate these Conditions may have their access and use of the Websites immediately suspended or terminated, at the Company’s sole discretion.
2.4 A Jobseeker must be 16 years of age or older to visit or use any aspect of the Website in any manner, and, if under the age of 18, a Jobseeker must use the Website under the supervision of a parent, legal guardian, or other responsible adult and the continued use of the Website by the Jobseeker indicated their understanding and acceptance of this clause 2.6.
2.5 No variation or alteration of these Conditions shall be valid unless they have been signed off by an authorized representative of the Company.
2.6 At all times, when using the Website, or communicating with the Company, it will be communicating electronically, and therefore the Jobseeker will also receive communications from the Company electronically and all Parties consent to that happening and being the main method of communication. The Jobseeker further agrees that all agreements, notices, disclosures and other communications that the Company may provide electronically satisfy any legal requirement that such communications must be in writing.
2.7 Once you have registered with this Website and have become a Jobseeker, your subscription (including all of your login/password details) will not be transferable from you to anyone else, including any other subscriber of this Website without obtaining the prior written consent of the Company.
2.8 The Company reserves the right at all times to make any change to any Service which it considers necessary or advisable, in order to comply with any applicable security or other statutory requirement and shall not be obliged to notify the Jobseeker before such change is made either before or after the making of such change.
3. Use of the Website Content
3.1 The Company authorizes the Jobseeker, subject to these Conditions, to access and use the Website and the content (as defined below) and to download and print the content available on or from the Website solely for personal, non-commercial use. The contents of the Website, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other content (collectively, "the Company Content"), are protected worldwide under copyright, trademark and other laws. All of the Company Content is the sole property of the Company or its licensors and shall remain so at all times. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of the Company and is protected by copyright, trademark, and other laws. Unauthorized use of the Company Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. The Jobseeker must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Company Content on any authorized copy it makes of the Company Content. The Company reserves the right to enforce its rights in its intellectual property rights outlined in this clause 3.1, and such rights shall also extend to any new ideas, concepts, know-how, or techniques developed, and owned, by the Company during the existence of the contractual relationship between the Parties.
3.2 Any code that the Company creates to generate or display, any Company Content or the pages making up the Website is also protected by the Company's copyright and the Jobseeker may not copy or adapt such code.
3.3 The Jobseeker is not permitted to use any of the Company Content on any other website or in a networked computer environment (including by uploading or republishing any of the Company Content on any Internet, Intranet or Extranet site or incorporating the Company Content in any other database or compilation for any purpose). Unless explicitly stated in these Conditions, nothing in these Conditions shall be construed as conferring any license to any of the Company’s intellectual property rights.
4. Use of the Company Services
4.1 The Jobseeker agrees that they will not at any time:
4.1.2 take any action that imposes an unreasonable or disproportionately large load on any the Company Site's infrastructure;
4.1.3 use any device to navigate or search parts of the Website other than the tools available on the Website, generally available third party web browsers, or other tools approved by the Company and linked through to from the Website;
4.1.4 use any data mining, robots or similar data gathering or extraction methods;
4.1.5 violate or attempt to violate the security of any part of the Website including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
4.1.6 reverse engineer or decompile any parts of the Website;
4.1.7 aggregate, copy or duplicate in any manner any of the Company Content or information available from any part of the Website, other than as permitted by these Conditions;
4.1.8 frame or link to any of the Company Content or information available from any part of the Website, unless permitted by these Conditions or otherwise in writing;
4.1.9 post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Conditions;
4.1.10 post any resume or apply for any Apprenticeship on behalf of another party;
4.1.11 share with a third party any login credentials to any part of the Website;
4.1.12 access data not intended for you or logging into a server or account which you are not authorized to access;
4.1.13 post or submit to any the Website incomplete, false or inaccurate biographical information or information which is not your own;
4.1.14 solicit passwords or personally identifiable information from other Jobseekers;
4.1.15 delete or alter any material posted by any other person or entity;
4.1.16 harass, incite harassment or advocate harassment of any group, company, or individual;
4.1.17 attempt to interfere with the Company’s provision of the Services to any Customer or Jobseeker, by submitting a virus to, overloading, "flooding", "spamming", "mail-bombing" or "crashing", the Website;
4.1.18 promote or endorse an illegal or unauthorized copy of another person's copyrighted work;
4.1.19 use the Company Services for any unlawful purpose or any illegal activity, or post or submit any content, resume that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined at the Company’s discretion; or
4.1.20 post any resume which is not a genuine resume and which attempts to advertise or promote products or services.
Please be aware that violations of system or network security may result in civil and/or criminal liability. The Company is under a duty to investigate occurrences which may involve such violations and may involve, and the Company will fully cooperate with any law enforcement authorities in prosecuting Jobseekers who are involved in such violations.
5. Conditions Applicable to Jobseekers
5.1 When a Jobseeker registers with the Website, they will be asked to create an account (“Jobseeker Information").
5.2 Any profile submitted by a Jobseeker must be accurate and accurately describe the Jobseeker, an individual person. The profile requires standard fields to be completed and the Jobseeker should not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting them, other than a surname/family name.
5.3 The Jobseeker acknowledges and accepts that they are solely responsible for the form, content and accuracy of any resume or material contained placed by them on the Website.
5.5 The Jobseeker understands and accepts that they do not have any ownership rights in their Jobseeker account and that if they cancel their Jobseeker account or their Jobseeker account is terminated for whatever reason, all information, including resumes, profiles, cover letters, saved Apprenticeships , will be marked as deleted in and may be deleted from the Company's database and will be removed from any public area of the Website. Information may continue to be available for some period of time because of delays in propagating such deletion through the Company’s web servers. In addition, third parties may retain saved copies of the Jobseeker’s Information.
5.6 The Company reserves the right to delete the Jobseeker’s account and all of the Jobseeker Information if there has been a significant duration of inactivity.
5.7 The Jobseeker understands and accepts that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by them ("Jobseeker Content") is the sole responsibility of the Jobseeker. The Company claims no ownership or control over any Jobseeker Content. The Jobseeker retains all intellectual property rights to any Jobseeker Content submitted, posted or displayed on or through the Website and the Jobseeker is solely responsible for protecting those intellectual property rights.
5.8 By submitting, posting or displaying Jobseeker Content on or through the Website, the Jobseeker grants the Company a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Jobseeker Content in the provision of the Services. In addition, by submitting, posting or displaying Jobseeker Content which is intended to be available to the general public, you grant the Company a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Jobseeker Content for the purpose of promoting the Company and its Services.
5.9 For the avoidance of doubt, the Company does not guarantee the truthfulness, accuracy, or reliability of the Jobseeker Content, or any other communications posted by Jobseekers nor does the Company endorse any opinions expressed by Jobseekers.
6. Termination following Infringement of Copyright or Other Intellectual Property Rights of Others
The Company respects the intellectual property of others, and asks the Jobseekers to do the same. Unauthorized postings, reproductions, copying, distribution, modification, public display or public performance of copyrighted works may constitute an infringement of third party owner’s rights. The Jobseeker agrees not to use the Website to infringe the intellectual property rights of third parties in any way. The Company reserves the right to terminate the accounts of any Jobseeker, and block access to the Website from any Jobseeker who are infringing the intellectual property rights of others, with or without notice, and without any liability to the Jobseeker. Notwithstanding the above, in the event that a Jobseeker believes in good faith that a notice of copyright infringement has been wrongly filed against them they should contact the Company as its registered office or at [firstname.lastname@example.org].
7. The Company's Liability
7.1 The Website act as, amongst other things, a venue for (i) Customers to post Apprenticeships opportunities and search for and evaluate Apprenticeships candidates and (ii) Jobseekers to post resumes and profiles and search for and evaluate Apprenticeships opportunities. The Company does not screen or censor the listings or profiles offered, and it cannot ensure that every resume is made fully available and uncorrupted to the Customer at all times. The Company is not involved in the actual transaction between Customer and Jobseeker. As a result, The Company is not responsible for Jobseeker Content, the quality, safety or legality of the Apprenticeships or resumes posted, the truth or accuracy of the listings, the ability of the Customer to offer Apprenticeships opportunities to Jobseekers or the ability of Jobseekers to fill Apprenticeships openings and the Company makes no representations about any Apprenticeships , resumes or Jobseeker Content on the Website or that the Customer has received the Jobseeker’s resume. While the Company reserves the right in its sole discretion to remove Jobseeker Content, Apprenticeships postings, resumes or other material from the Website from time to time, the Company does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
7.2 The Website and the content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any part of the Website or the content. The use of the Website and the content is at Your own risk. Changes are periodically made to the Website and may be made at any time.
7.3 It is up to the Jobseeker to keep a back-up copy of any of their information or their accounts. To the extent permitted by law, in no event shall the Company be liable for the deletion, loss, or unauthorized modification of any Jobseeker Content or any account.
7.4 The Company does not provide or make any representation as to the quality or nature of any of the third-party products or services purchased through the Website, or any other representation, warranty or guarantee.
7.5 If notified of any content or other materials which allegedly do not conform to these Conditions, the Company may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. The Company has no liability or responsibility to the Jobseeker for performance or non-performance of such activities.
7.6 To the fullest extent permitted by law, if a Court finds against the Company for any reason relating to the subject matter of these Conditions, the Company’s maximum liability arising out of or in connection with a breach of contract, tort (including negligence), breach of statutory duty or otherwise for any direct loss or damage which the Jobseeker may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of these Conditions by the Company, its directors, officers, employees, agents or sub-contractors, shall be $10 or whatever amount a Court decides is reasonable in the circumstances.
7.7 The Company will not be liable for any indirect or consequential losses (including but not limited to loss of profit, loss of business opportunities, loss of employment opportunities (including for the avoidance of doubt loss of any potential Apprenticeship offer made by the Customer to the Jobseeker, loss from any business review or goodwill or anticipated savings, loss of any contract, loss or corruption of data, any business interruption and any third party losses) which the Jobseeker may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of the Services or compliance with any of these Conditions by the Company, its directors, officers, employees, agents or sub-contractors for any inaccuracies supplied by the Jobseeker including resume details and contact details, for any information files or software sent to the Customer by a Jobseeker which may contain a virus or similar.
7.8 The Company shall not be liable to the Jobseeker in any way whatsoever due to the nature of the contractual relationship entered into between the Company and the Jobseeker.
7.9 Nothing in this clause 7 is intended to operate so as to exclude the Company’s liability in respect of death or personal injury caused by the negligence of the Company, its directors, officers, employees, agents or sub-contractors or to exclude liability for fraudulent misrepresentation.
8.1 The Jobseeker warrants that:
8.1.1 he complies with the age requirement set out at clause 2.6; and
8.1.2 that the content he uploads is his own and he is not infringing any third party’s intellectual property rights by uploading such content.
8.2 The Company warrants that:
8.2.1 it is authorized to enter into these Conditions;
8.2.2 the Services will be provided to the industry standard of care and skill expected of a company offering such services;
8.2.3 it will use its best endeavors to comply with the Conditions containing obligations on the Company;
8.2.4 and that the material that the Company writes for the Website does not infringe any third party intellectual property rights.
8.3 All other warranties, to the fullest extent permitted by law, whether express or implied, are hereby excluded by the Company, and the Company does not warrant that the Website will be error-free or free from any viruses or malicious/harmful mechanisms, or is fit for the Customer’s purpose. The Company makes no warranties about the accuracy, reliability, completeness or timeliness of the Website Content, Services, software, text, graphics and any links through to third party sites. The Company makes no warranties in relation to the security of the Website other than to the usual level reasonably expected of a business such as the one ran by the Company, and the Company shall not be responsible or liable for any form of “attack” carried out by a third party on the Website (such “attack” to include but not be limited to a breach of security, anything with malicious intent, hacking, cyber-attacks, cyber terrorism, any other form of cyber-crime targeted at the Company).
The Jobseeker agrees to fully indemnify and hold harmless the Company, its respective officers, directors, employees, agents and sub-contractors, from and against any and all claims, actions, demands, losses, costs, damages and expenses (including without limitation reasonable legal and accounting fees and any damages or compensation paid by the Company on the reasonable advice of its legal advisers to compromise or settle any claim and any legal costs or expenses incurred by or on behalf of the Company in doing so) arising directly or indirectly and resulting from (i) use of any Jobseeker Content or other material provided to the Website, (ii) use of any of the Company Content, (iii) breach by the Jobseeker of these Conditions, including any of the Jobseeker’s warranties or (iv) any act, omission or negligence on the part of the Jobseeker. The Company shall provide prompt written notice to the Jobseeker of any such claim, suit, or proceeding issued against it but which falls under this clause
10. Termination and Suspension
10.1 As set out elsewhere in these Conditions, the Company reserves the right to suspend, or terminate, a Jobseeker’s account in certain circumstances.
10.2 These Conditions will remain in full force and effect while you are a Jobseeker of the Website. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of any Jobseeker Content from the Website and immediate termination of your account or ability to access the Website and/or any other Services provided, upon any breach by you of these Conditions or if the Company is unable to verify or authenticate any information you submit during registration. Even after you are no longer a Jobseeker of the Website, certain provisions of these Conditions will remain in effect, including clauses 1 through to 10, inclusive.
The Company may assign its rights under this contract without the Jobseeker’s consent. If the Company does assigns its rights, is sold in whole or in part to another entity, the Company or its successor will give notice to the Jobseeker who may terminate their subscription at that time by giving written notice of not less than one months’ notice to the Company or its successor.
In the event that the Company fails to act in respect of a breach of these Conditions by the Jobseeker it does not waive the Company’s right to act in respect of subsequent or similar breaches.
13.1 Except as explicitly stated otherwise, any notices to the Jobseeker shall be delivered to the email address provided during the registration process. Alternatively, the Company may give notice by pre-paid post to the address provided during the registration process, or as updated from time to time. Any notices to the Company must be sent by email to email@example.com or to the registered office of the Company at that time.
13.1.1 Any notice shall be deemed given:
(a) if sent by email, 24 hours after the email is sent, unless the sending party is notified that the email address is invalid; or
(b) if sent by pre-paid post, three Working Days after the date of posting and in proving service of the same it shall be sufficient to prove that such letter was properly stamped or franked, addressed and placed in the post to the addressee at the address referred to above.
Unless otherwise expressly agreed, the Company shall be entitled to make any public announcement in relation to these Conditions without the Jobseeker’s prior written consent.
If any provision of these Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, unenforceability or unreasonableness, be deemed severable and the remaining provisions of these Conditions shall continue in full force and effect.
16. Law and Jurisdiction
These Conditions and any contract formed between the Parties shall be governed by and construed in accordance with the laws of the District of Columbia in the United States and shall be subject to the non-exclusive jurisdiction of the United States Courts.
If you have any questions regarding these terms or disclaimer, please contact:
Franklin Apprenticeships LLC
14800 York Road, Unit 866
Sparks, MD 21152