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Privacy Reminder -- Protect your personal information by never providing social security, credit card or bank account numbers to prospective employers.

This page states the Terms of Use ("Terms") under which You (as defined below) may use www.Flexibleexecutives.com ("flexibleexecutives.com"), an on-line service to post and search employment opportunities and Executive User (as defined below) profiles. Flexibleexecutives.com allows Users to create individual profiles and post employment opportunities, which may include personal information ("Profiles"), and to make these Profiles, or aspects thereof, public.

These Terms include the Flexible Executives Privacy Statement and the Flexible Executives Fee Policy, each of which is incorporated into these Terms by reference. Please read these Terms carefully. If You do not accept the Terms stated here, do not use Flexibleexecutives.com and its services. By using Flexibleexecutives.com, You agree to be bound by these Terms, including the Flexibleexecutives.com Privacy Statement, and, if applicable, the Flexible Executives Fee Policy.

Flexible Executives, LLC ("FE") may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing Flexibleexecutives.com for any reason. The term "post" as used herein shall mean information that You submit, publish or display on any FE Site (as defined below).

1. Eligibility.
These Terms and Conditions, together with all Exhibits to these Terms and Conditions (as they may be amended from time to time by Flexible Executives) form a binding agreement (the "Agreement") between you and Flexible Executives, LLC. 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.

2. Use of FE Content.
FE authorizes You to view and access a single copy of the content available on or from Flexibleexecutives.com solely for your personal use. The contents of Flexibleexecutives.com, and of all other Web sites under FE's control, whether partial or otherwise (Flexibleexecutives.com, flexexecs.com, flexibleexecs.com and such other Web sites are sometimes collectively referred to as "FE Sites") such as text, graphics, images, logos, button icons, software and other Flexible Executives content (collectively, "FE Content"), are protected under both United States and foreign copyright, trademark and other laws. All FE Content is the property of FE or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the FE Sites is the exclusive property of FE and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the FE Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original FE Content on any authorized copy You make of the FE Content.

You agree not to sell or modify the FE Content or reproduce, display, publicly perform, distribute, or otherwise use the FE Content in any way for any public or commercial purpose, in connection with products or services that are not those of Flexibleexecutives.com, in any other manner that is likely to cause confusion among consumers, that disparages or discredits FE or its licensors, that dilutes the strength of FE's or its licensor's property, or that otherwise infringes FE's or its licensor's intellectual property rights. You further agree to in no other way misuse FE Content that appears on this Site. The use of the FE Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that FE creates to generate or display any FE Content or the pages making up any FE Site is also protected by FE's copyright and you may not copy or adapt such code.

3. FE Site Restrictions.
Users may not use any FE Site in order to transmit, post, distribute, store or destroy material, including without limitation, FE 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 FE 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 FE 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 and/or criminal liability. FE 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.

In order to ensure a safe and effective experience for all of our customers, FE reserves the right to limit the amount of data (including resume and profile views) that may be accessed by You in any given time period. These limits may be amended in FE's sole discretion from time to time.

4. Specific Prohibited Uses.
The job posting/project submission, executive profile database ("FE Database") and other features of Flexibleexecutives.com may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees.

FE specifically prohibits any other use of Flexibleexecutives.com, and all Users agree not to do any of the following: (a) post any jobs on any FE Site for any competitor of FE or post jobs or other content that contains links to any site competitive with FE; (b) post jobs or content on any FE Site that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading; (c) post jobs for modeling or talent or talent scouting positions on any FE Site; (d) use any FE Profile Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the FE Profile Database to sell or promote any products or services; (e) use FE Profile Database for commercial recruitment, executive search, staffing, outsourced employment or any other professional employment or recruitment activity; (f) post or submit to any FE Site any incomplete, false or inaccurate biographical information or information which is not your own; (g) post on any FE 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), or requires recruitment of other members, sub-distributors or sub-agents; (h) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of any FE Site; (i) delete or revise any material posted by any other person or entity; (j) take any action that imposes an unreasonable or disproportionately large load on any FE Site's infrastructure; (k) 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 FE Site other than the search engine and search agents available from FE on such FE Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); (l) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any FE Site; (m) aggregate, copy or duplicate in any manner any of the FE Content or information available from any FE Site, without express written consent from FE; or (n) frame or link to any FE Content or information available from any FE Site.

FE does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact our designated agent set forth in Section 10 below.

If notified by a User of User Content or other materials which allegedly do not conform to these Terms, FE may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. FE has no liability or responsibility to Users for performance or nonperformance of such activities.

5. Registration Information.
When You register with any FE Site, You will be asked to create a User Profile or other account and provide FE with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with FE's Privacy Statement.

FE 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 FE or by third parties. Please see FE's Privacy Statement, the terms of which are incorporated herein by reference, for further details regarding your Information.

Without limiting any of the other disclaimers of warranty set forth in these Terms, FE does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through Flexibleexecutives.com or any other FE Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.

You understand and acknowledge that you have no ownership rights in your FE User Profile or other Account, and that if you cancel your FE Account, all your account information from FE, including profiles, resumes, email accounts and email mailing lists, will be marked as deleted in FE's databases and will be removed from any public area of the FE Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through FE's web servers. In addition, third parties may retain cached copies of your Information.

6. User Content and Submissions.
You are solely responsible for your User Profile information, employer account information or job postings, Profile, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information ("User Content") that You post on any FE Site or transmit to other Users. You agree that in submitting User Content or otherwise using any FE Site that you will not impersonate any person, or submit any materials to FE that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.

By posting User Content to any public area of any FE Site, including without limitation, message boards, Profiles, forums, contests and chat rooms, You automatically grant to FE and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into 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) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers).

You also represent and warrant that You have the right to grant or 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. If you post User Content in any public area of any FE Site, 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 on any FE Site retains any and all rights that may exist in such User Content.

FE acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, FE may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any FE Site. FE reserves the right to expel Users and prevent their further access to the FE Sites and/or use of FE services for violating the Terms or applicable laws, rules or regulations. FE 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 FE, damage FE's brand or public image, or cause FE to lose (in whole or in part) the services of its ISPs or other suppliers.

FE 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 following is a partial list of User Content that is prohibited on the FE Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.

Content that:

  • is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
  • harasses, incites harassment or advocates harassment of any group or individual;
  • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
  • 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, providing or creating computer viruses or pirating any media; and
  • solicits passwords or personal identifying information from other Users.
It is also a violation of the Terms, to include in any User Content submitted to FE Networking information that may be interpreted as direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis.

Any Profile 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.

If notified by a User of User Content or other materials which allegedly do not conform to these Terms, FE may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. FE 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 FE 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 FE. 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. FE 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.

7. Registration and Password.
You are responsible for maintaining the confidentiality of your Employer account, Executive Account, Profile and passwords, and as applicable, your Billing Account. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your Flexibleexecutive.com registrations and passwords, whether or not authorized by You. You agree to immediately notify FE of any unauthorized use of your employer account, Executive Profile, passwords or Billing Account, as the case may be.

8. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If You believe that your copyrighted work or trademark has been uploaded, posted or copied to any FE Site and is accessible on such FE Site in a way that constitutes copyright or trademark infringement, please notify our designated agent.

We have designated Cammi R. Jones as our agent to receive notices of claims of copyright or trademark infringement or other nonconformance to these Terms on the FE Sites. You can contact Cammi as follows:

By mail:
Cammi R. Jones
General Counsel, Flexible Executives, LLC
Flexibleexecutives.com
Two Ravinia
Suite 500
Atlanta, Georgia 30346
By telephone:
404-255-2500
 

9. Policy Regarding Termination Of Users Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others
Flexible Executives, LLC, and all of its affiliated companies respect the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, 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 Flexibleexecutives.com, You agree not to use Flexibleexecutives.com or any other FE Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any Flexibleexecutives.com Users, and block access to Flexibleexecutives.com and/or the other FE Sites 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 User who is terminated or to the User whose access is blocked.

10. FE's Liability.
Flexibleexecutives.com acts as a venue for employers to post job opportunities and project submissions and candidates to present employment information as Executive Profiles and does not screen or censor the listings, including Profiles offered. FE has no control over User Content, the quality, safety or legality of the jobs or resumes posted, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. FE 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 FE, damage FE's brand or public image, or cause FE to lose (in whole or in part) the services of its ISPs or other suppliers. While FE reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from Flexibleexecutives.com from time to time, FE does not assume any obligation to do so and disclaims any liability for failing to take any such action.

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 Flexibleexecutives.com and/or the other FE 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 Flexibleexecutives.com and/or the other FE Sites.

If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

The FE Sites and the FE Content may contain inaccuracies or typographical errors. FE makes no representations about the accuracy, reliability, completeness, or timeliness of any FE Site or the FE Content. The use of all FE Sites and the FE Content is at your own risk. Changes are periodically made to FE 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 FE Sites. Employers are solely responsible for their postings on FE Sites. FE is not to be considered to be an employer with respect to your use of any FE Site and FE shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any FE Site.

FE cannot guarantee and does not promise any specific results from use of Flexibleexecutives.com or any FE Site. No advice or information, whether oral or written, obtained by a User from FE or through or from Flexibleexecutives.com or any other FE Site shall create any warranty not expressly stated herein.

11. Disclaimer of Warranty.
FE DOES NOT WARRANT THAT ANY FE SITE WILL OPERATE ERROR-FREE OR THAT ANY FE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY FE SITE OR THE FE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, FE IS NOT RESPONSIBLE FOR THOSE COSTS. THE FE SITES AND FE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. FE, 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. FE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE FE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

12. Disclaimer of Consequential Damages.
IN NO EVENT SHALL FE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY FE 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 FE SITE AND THE FE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Limitation of Liability.
FE'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY FE SITE OR YOUR USE OF THE FE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $300.

14. Links to Other Sites.
Flexibleexecutives.com and certain other FE Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by FE of the contents on such third-party Web sites. FE 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.

15. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any FE Site.

16. Indemnity.
You agree to defend, indemnify, and hold harmless FE, 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 FE Site, (ii) your use of any FE Content, or (iii) your breach of the terms of these Terms. FE shall provide notice to You promptly of any such claim, suit, or proceeding.

17. General.
FE makes no claims that the FE Content may be lawfully viewed or accessed outside of the United States. Access to the FE Content may not be legal by certain persons or in certain countries. If You access a Flexibleexecutives.com or other U.S.-based FE 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 are governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Atlanta, Georgia. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, FE's failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect FE's ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of Flexibleexecutives.com, a particular "Legal Notice," or software license or material on particular Flexibleexecutives.com pages, these Terms constitute the entire agreement between You and FE with respect to the use of Flexibleexecutives.com. No changes to these Terms shall be made except by a revised posting on this page.

18. Term and Termination
These Terms will remain in full force and effect while You are a User of Flexibleexecutives.com at any level. FE reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from Flexibleexecutives.com and the other FE Sites and immediate termination of your registration with or ability to access Flexibleexecutives.com and the other FE Sites and/or any other services provided to You by FE, upon any breach by You of these Terms or if FE is unable to verify or authenticate any information You submit to Flexibleexecutives.com or pursuant to other FE Site registration. Even after You are no longer a User of Flexibleexecutives.com, certain provisions of these Terms will remain in effect, including Sections 2, 6, 10 through 18, inclusive.

These Terms constitute a binding agreement between You and FE, and is accepted by You upon your use of the FE Site.



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Suite 140-246
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404.255.2500

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