Welcome to the Footwear Distributors and Retailers of America (“FDRA”) and the Two Ten Footwear Foundation (“Foundation,” “we” or “us”) career website. The following are the Terms and Conditions (“Terms”) that govern use of this site (each individually and collectively, the “Site”) and the information and services provided by FDRA and the Foundation (the “Services”). By clicking the “I Agree” or “submit” button, by using the Site (including any content provided therein), Services, applications, or your account or by posting any materials on the Site, you agree to accept the Terms and to comply with these Terms and all applicable laws and regulations governing the Site. If you agree to these Terms on behalf of a corporation, limited liability company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms and your agreement to these Terms will be treated as the Agreement of the entity. In that event, “you” and “your” refer herein to that entity.
We reserve the right to modify these Terms at any time, effective immediately upon posting on the Site and with no other notice to you. Please check this page of the Site periodically for modifications to these Terms. These Terms were last revised on May 6, 2016. If you violate any of these Terms, we may terminate your use of the Site, forbid you from any further use of the Site, cancel your order, and/or take appropriate legal action against you. Your continued use of the Site and the Services following our posting of any revised Terms will constitute your acceptance of the revised Terms. If you do not agree with the Terms or any revised version of the Terms, do not continue to use the Services or this Site. Even after you no longer use the Site, certain provisions of these Terms will remain in effect, including those under the headings, “LIMITED NON-COMMERCIAL LICENSE TO USE SITE,” “COPYRIGHTS AND TRADEMARKS,” “INDEMNITY,” “OWNERSHIP,” “EXCLUSIVE JURISDICTION,” “NOTICES,” “DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY” AND “EXCLUSIVE REMEDY.”
AGREEMENT TO DEAL ELECTRONICALLY
FDRA and/or Foundation may keep records of any type of communication conducted (information is sent or received) via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are deemed received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
OBLIGATION FOR USING YOUR PASSWORD
ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact FDRA or the Foundation immediately to authorize us/we to deny access to the Site to anyone else presenting your password. At the same time, you should change your password by using the “Account Settings” page.
You understand and acknowledge that you have no ownership rights in your account, and that if you cancel your account, all your Information, including resumes, personal profiles, company profiles, cover letters, network contacts, saved jobs, saved resumes and saved searches, will be removed from any public area of the Site. Information may continue to be available for some period of time. In addition, third parties may retain cached copies of your Information.
In consideration of your use of the Site, you agree to provide true, accurate and complete information about yourself as prompted by the Site, provided that your username should not contain your full or true name. In addition, you agree to update the information you provide in order to maintain its truth, accuracy and completeness. Foundation has the right to deny you access to the Site in the event that the information you provide is untrue, inaccurate or incomplete.
OBLIGATIONS OF MEMBERS/USERS
Use of the Site to upload, post, and/or distribute user-submitted content is subject to the following conditions:
We care deeply about the quality of service we provide to our members. To this end, we request that you respect all of our members. This includes, but is not limited to:
Agencies (i.e., third-party recruiters) may not permitted to post jobs on the website – it is up to FDRA and the Foundations discretion. All agencies are kindly advised that posting jobs may be deleted if we so choose.
LIMITED NON-COMMERCIAL LICENSE TO USE SITE
Foundation hereby grants you a limited, personal and non-exclusive right to view and use the Site only for non-commercial informational and/or career purposes. Foundation reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site as described elsewhere in these Terms. Any rights not expressly granted to you herein are reserved to Foundation. Unless you have received specific written permission from Foundation, you may not alter or modify any content on the Site. Without limiting other restrictions contained in the Terms, you agree not to reproduce, transmit, sell, or otherwise exploit the Site for any commercial purpose.
COPYRIGHTS AND TRADEMARKS
Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Site is prohibited, unless specifically authorized by FDRA and the Foundation. Accordingly no such content may be used on another web site without express written permission from Foundation.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, NEITHER FDRA NOR THE FOUNDATION, ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU, BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.
FDRA and the Foundation reserves the right to block, disable, or otherwise remove any content or materials uploaded to the Site as well as terminate your access to the Site if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements.
If you believe that any content on the Site infringes your copyrights, please contact Foundation’s copyright agent, who can be reached as follows:
SUBMITTING MATERIALS AND FEEDBACK
Unless you enter into a separate written agreement with FDRA and the Foundation, we do not claim ownership in Materials you submit, however, by submitting Materials in any form to Foundation, in addition to other provisions of the Terms and all logos, you automatically grant FDRA and Foundation a royalty-free, world-wide, non-exclusive, and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such Materials for the purpose of displaying and promoting the Materials on the Site or otherwise in connection with the Services.
As between FDRA and Foundation and any employer posting information on the Site (“Employer”), any intellectual property, including but not limited to job postings, logos, and/or advertisements provided by Employer for placement on any Site and all other proprietary rights therein are and shall at all times remain Employer’s property. Employer grants to FDRA and Foundation a royalty-free, fully paid up, non-exclusive and worldwide license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such intellectual property (in whole or in part) solely in connection with the Services.
Foundation shall retain all right, title and interest, including all intellectual property rights, to and in: (i) any proprietary technology and software contained or incorporated in or part of the Sites and (ii) the content (excluding Employer’s intellectual property) on or part of the Sites (including without limitation all resumes), and all elements which are a part of or incorporated in (or constitute a collection or compilation of) any of the foregoing.
You agree to indemnify and hold FDRA and Foundation, its parent company, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and materials, your use of the Site, your violation of these Terms or your violation of any third party’s rights, including such party’s copyrights and trademarks.
LINKS TO THIRD PARTY SITES
The Site contains links to third party sites that are not under the control of Foundation and Foundation is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. Foundation provides links only as a convenience and the inclusion of the link does not imply that Foundation endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Foundation shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
This Site is controlled and operated by FDRA and the Foundation from its offices within the United States of America. FDRA and the Foundation makes no representation that the Site or related information offered by FDRA and the Foundation are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site and related information are the exclusive property of FDRA and the Foundation or its suppliers. All rights not licensed herein are hereby reserved to FDRA and the Foundation or its suppliers.
MODIFICATIONS TO SITE
FDRA and the Foundation reserves the right at any time to modify or discontinue the Site or any part thereof and you agree that Foundation shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.
These Terms shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Site shall be resolved solely through arbitration in Boston, Massachusetts. By registering on the site or posting a job on the site you agree to this.
Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to Foundation by postal mail to: 1466 Main Street, Waltham, MA 02451, or as to a successor address that Foundation makes available on the Site or through other reasonable manner. If applicable law requires that Foundation accepts email notices (but not otherwise), then you may send Foundation email notice using Foundation’s FAQ form (mailto: email@example.com). Instead or in addition, Foundation may give notice by sending email to the email address you provide during registration. Notice shall be deemed given 24 hours after it is posted or an email is sent, unless (as to email) the sending party is notified that the email address is invalid.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Site acts as a venue for employers to post job opportunities and candidates to post resumes and profiles. FDRA and the Foundation does not screen or censor the listings. FDRA And the Foundation is not involved in the actual transaction between employers and candidates. As a result, Foundation has no control over user content, 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 and FDRA and the Foundation makes no representations about any jobs, resumes or user content on the Site. Foundation may take any action with respect to user content that it deems necessary or appropriate in its sole discretion if it believes that such user content could create liability for Foundation, damage Foundation’s brand or public image, or cause Foundation to lose (in whole or in part) the services of its ISPs or other suppliers. While FDRA and the Foundation reserves the right in its sole discretion to remove user content, job postings, resumes or other material from the Site from time to time, Foundation does not assume any obligation to do so and disclaims any liability for failing to take any such action.
The Site may contain inaccuracies or typographical errors. FDRA and the Foundation makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the content contained therein. The use of the Site is at your own risk. Changes are periodically made to the Site 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 Site. Employers are solely responsible for their postings on the Site. FDRA and the Foundation is not to be considered to be an employer with respect to your use of the Site and Foundation shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on the Site.
FDRA and the Foundation does not promise that the Site will be free of error, uninterrupted, or that it will provide specific result from use of any content, search, or link found on this Site. The Site and its content are delivered on an “as-is” and “as-available” basis. Foundation cannot guarantee that files you download from the Site will be virus-free or free of harmful features. We expressly reserve the right to modify, suspend or discontinue service on the Site at any time with no notice to you.
FDRA and the Foundation expressly disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose, to the maximum extent permitted by law. FDRA and Foundation will not be liable for and expressly disclaims any damages of any kind arising from the use of this Site including without limitation, direct, indirect, incidental, and punitive and consequential damages or for lost profits, revenues, or business opportunities, even if FDRA or Foundation has been advised of the possibility of such damages.
FDRA and Foundation disclaims any and all liability for the acts, omissions, and conduct of any users on the Site, in connection with the Services or otherwise related to your use of the Site. FDRA and Foundation is not responsible for the products, services, actions or failure to act of third party in connection with or referenced on this Site or relating to the Services. You agree that FDRA and Foundation shall not be responsible for any loss or damage of any sort relating to your dealings with any third party on or through the Site.
Because some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, the limitations set forth above may not apply to you.
Your use of the Site constitutes your unconditional consent to all of the terms and conditions set forth herein and an acknowledgement of the disclaimers and limitations of liability set forth in the Terms.
You agree that your sole remedy for any breach of these Terms by FDRA and Foundation, or any affiliate or agent thereof, shall be, to the extent commercially reasonable, correction of the error or action that gives rise to damages incurred by you.
This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, without regard to its provisions governing conflicts of law. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms. These Terms (and all documents incorporated by reference) constitute the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of these Terms will be valid or effective unless made in accordance with the express terms of these Terms. If any provision of these Terms is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of these Terms shall not be affected. You may not assign or transfer these Terms, or any of its rights or obligations, without the prior written consent of Foundation, which FDRA and Foundation may withhold in its sole discretion. Nothing in these Terms is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns.
These Terms, as amended, your registration forms, and the disclosures provided by FDRA and the Foundation and the consents provided by you, constitute the entire agreement between you and FDRA and the Foundation. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. FDRA and the Foundation’s failure to act with respect to a breach by you or others does not waive FDRA’s and/or Foundation’s right to act with respect to subsequent or similar breaches.