USER AGREEMENT FOR WEBSITE: IMPORTANT NOTICE TO ALL FLIPSETTER USERS- REGISTERING ON FLIPSETTER LETS PEOPLE CREATE JOB PROFILES WHERE THEY CAN APPLY FOR JOBS, EMPLOY JOB APPLICANTS AND INCORPORATE BUSINESSES AND ORGANIZATIONS OF THEIR CHOOSING IN THE EVENT THAT IT IS PROFESSIONAL, USEFUL AND PROVIDES SERVICES TO THE COMMUNITY. FLIPSETTER CONSTANTLY MONITORS PROFILE ACTIVITY, AND IF A PROFILE IS INVOLVED IN SUSPICIOUS ACTIVITY SUCH AS HACKING, PHISHING, AND SPAMMING THEN EVERY USER OR ACCOUNT(S) RELATED TO THAT PROFILE WILL BE SUBJECT TO INVESTIGATION, POSSIBLE SUSPENSION FOR AFFILIATION OR AN ARREST. IF YOU PROCEED WITH THIS REGISTRATION YOU ARE ABIDING BY THE RULES THAT THE CONTENTS OF FLIPSETTER WILL NOT BE DUPLICATED, SOLD OR LICENSED IN ANY WAY OR FORM AND IS NOT RESPONSIBLE FOR ANY UNETHICAL CONDUCT, ABUSIVE, INAPPORPRIATE OR ILLICIT METHODS.
FLIPSETTER DISCLAIMS ALL WARRANTS AND RESPONSIBILITIES ISSUED BY PROSPECTIVE AND CURRENT BUSINESSES WITHOUT LIMITATION, ANY IMPLIED WARRANTS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS.
BY USING YOUR FLIPSETTER ACCOUNT YOU ARE AGREEING THAT FLIPSETTER PROVIDES YOU THE SPACE AND OPPORTUNITY TO LAUNCH A BUSINESS OR ANY PROFILE OF INTEREST, BUT THAT FLIPSETTER IS NOT RESPONSIBLE OR LIABLE FOR MISAPPROPRIATIONS OR MISREPRESENTATIONS. THIS IMPLIES THAT IF A BUSINESS IS UNDER INVESTIGATION FOR ILLICIT PRACTICES FLIPSETTER IS NOT LIABLE BECAUSE THE RULES AND GUIDELINES ARE CONSTITUTIONALLY GOVERNED BY FLIPSETTER, INC. LEGAL AUTHORITIES.
***Disclaimer - FlipSetter does not guarantee that you will be recruited, hired or admitted to any entity, institution, organization, school or company. FlipSetter functions merely as a host to populate job listings and opportunities within company pages and should not be considered your final or absolute step in applying for a job despite FlipSetter's "one-click" job application system. Therefore, kindly refrain from contacting our team and inquiring i.e. what, who, why, how, when, where, etc., or other forms of inquiry of why you did not get a job or are having a hard time getting a job. All of our posts comply with the United States Department of Labor in which you may click on the links below to access your own copy:
All of FlipSetter's job posts are required to comply with the U.S. Department of Labor - Wage and Hour Division (WHD) categories:Family and Medical Leave Act (FMLA) Poster
***Each state differs by the Equal Employment Opportunity Commission (EEOC), therefore we advise you to seek assistance from them if necessary. We comply with the EEOC, but we advise you to research the state's labor laws that you are employed in as each state is different. For more information, please download this PDF for the latest labor laws by state.General
This website, documentation and any other functions accompanying the contents and services of this site are issued, and not licensed to you by FlipSetter, Inc. and only for use under the Terms and Conditions of this agreement. FlipSetter reserves all rights not expressly granted to you. The rights granted herein are limited to only FlipSetter designated as Intellectual Property (IP) rights. You own the profile, portfolio, photos, videos and other media contents on which the FlipSetter account is held, but FlipSetter retains ownership of all FlipSetter property i.e. Job Box℠ brand job application system, ECO Box ©, Ideal℠ Search and other undisclosed technologies you may inquire more about by contacting us. The rights granted under the terms of this agreement also include any content, profile and website upgrades that replace and/or supplement the original FlipSetter contents, unless such upgrades contain separate licenses.Permitted Uses and Potential Liabilities
This website is used to promote businesses large and small, current and new, clubs, organizations and other profiles that help to promote appropriate communities and services. FlipSetter is not responsible for inner conflicts, mismanagement, illegal businesses or any liability that causes a company to be investigated.Transfer
The contents, property and services of this website cannot and will not be transferred on to a compact disc, floppy disc, universal serial bus (USB) or any other storage device that can be used to replicate it. The FlipSetter mobile application will be available soon for people who want to access profiles with their portable electronics and smart phones.Consent to Use of Data
By agreeing to our Terms and Conditions the user permits FlipSetter to use personal profile information only for further advertising, employment or any other requests by the user within the terms of this agreement. If a request is out of scope or special the board will review it and decide an action that best supports the user and FlipSetter.Additional Terms Applicable to Employers
You are responsible for maintaining the confidentiality of your BUSINESS account(s), profiles and passwords. You should not share your username, password or other sensitive account information with any other party temporarily or permanently, and you will also be responsible for all uses your FlipSetter business page provides whether or not authorized by you. If you notice any suspicious activity with your account, it is your responsibility to immediately notify FlipSetter of any unauthorized use of your BUSINESS account, profile or passwords.
To prevent fake, bot or other problematic business accounts FlipSetter asks that you verify your business identity which helps us to authenticate it providing confidence for both the employer and the job applicant:
***One, some or all may apply to you. The identifier that you most commonly use should be inserted for authentication upon creating a business, organization or other entity account:
When you register with us, you will be asked to create an account and provide FlipSetter with certain personal information including, but not limited to a valid email address, mailing address, sex, and date of birth (DOB). You will also be asked to provide a valid form of identification to prevent fake accounts and maintain the authenticity of FlipSetter’s platform such as:
Any profile type you submit must accurately describe you as an individual person. The profile registration requires standard personal information to be completed, but you are not obligated to include any street addresses, additional email addresses or other means of us contacting you, but we still do ask for your first and last name and date of birth.
You understand and acknowledge that you do not have ownership rights to your account other than the information and media you post, or any jobs applied for using the Job Box℠ brand job system, and if you decide to cancel your FlipSetter account or your FlipSetter account is terminated all of your account information from FlipSetter including portfolio, photos, videos, URLs, networks, saved job applications and other parts will be marked as deleted and cannot be retrieved after 60 days. If you decide to resume your account, then all information contained therein will be available still and can be retrieved from our archives. After 60 days FlipSetter reserves the right to delete your account and all of your information.
You may not use our Job Boxes℠ to post:
FlipSetter reserves the right to remove any job posts, or other content from any FlipSetter related sites which within the reasoning of FlipSetter's policies do not comply with the above terms, or if any content is posted that FlipSetter determines that it is not its best interest. If at any time during your experience with FlipSetter's services you made a misrepresentation of yourself to FlipSetter, other pages, misled the website in any regards to the nature of your business operations then FlipSetter has the right to terminate your use of current or future FlipSetter services until cleared by your attorney and the legal department of FlipSetter.
Our proprietary Employee List helps you organize your employees whether they are in the 10’s, 100’s or even in the 1000’s. For more information, you can visit our FAQs under the question, “If I already have a business and I purchase Job Boxes℠ do my employees have to reapply to them to be added to the Employee List?”.
FlipSetter lets the employer invite all of his or her employees for free as an incentive when creating a business page for the first time. FlipSetter deems these employees as “Current Employees” from the time the employer creates their business page(s) on flipsetter.com because our team wouldn’t have any other way of tracking when and how many new employees you have added to your company. Our system lets the employer(s) take those employees who have already been hired into the company and send them Employee Invites which is a simple email form that invites them into the employer’s FlipSetter Company page.
Once the employer has invited all Current Employees into his or her FlipSetter Company page then the Employee Invite system will lock, and can no longer be accessible. To add “Future Employees” into your Employee List this is where the second part of our system functions. These future employees are / were job applicants who you have now hired into the company. To add them into your Employee List as new employees we provide the following:
- In many cases, employment can occur through “word-of-mouth” advertising, recruitment, referrals, etc. So, you may find that purchasing Job Boxes℠ is unnecessary; therefore, to add more employees to your list we require that you purchase FlipSetter Company Invites for:
An ECO Box © may not contain:
You may not use your ECO Box © to:
FlipSetter reserves the right to remove any ECO Boxes or other content from any FlipSetter related sites which within the reasoning of FlipSetter's policies do not comply with the above terms, or if any content is posted that FlipSetter determines that it is not its best interest.
If at any time during your experience with FlipSetter's services you made a misrepresentation of yourself to FlipSetter, other pages or misled the website in any regards to the nature of your business operations, FlipSetter has the right to terminate your use of current or future FlipSetter services until cleared by your attorney and the legal department of FlipSetter.
Employers or other third parties use of FlipSetter's portfolios
All content on a portfolio is deemed confidential information, and as an employer you shall use the FlipSetter database as provided within these Terms and Conditions. You must use the databases in accordance with all applicable privacy and data protection laws, and that you agree to not disclose any of the portfolio data from the FlipSetter database to any third party. If any agency such as recruiting, staffing, advertising, legal or other wants to use this information it must be processed and cleared with the FlipSetter legal department before proceeding. In addition, these agencies and other agencies should take appropriate legal, technical, and administrative measures to protect the data obtained from FlipSetter to prevent loss, misuse, unauthorized access, disclosure, alteration or destruction of confidential information; because once the agencies clear confidential information with FlipSetter's legal department, FlipSetter is no longer responsible for any actions done by these agencies.The contents of the portfolio shall not be used for:
*** FlipSetter has Denial of Liability, so we are not responsible for any portfolio content(s) uploaded by users or any affiliated entities both foreign and domestic. If an entity does decide to pursue legal action or impose a monetary fine / penalty in response to a malicious or inapproporiate portfolio or because of criminial intent both internally and externally against themselves, users or other entities or parties both foreign and domestic then FlipSetter still holds Denial of Liability and is not held responsible because you have already agreed to our Terms and Conditions by submitting your portfolio when applying for jobs, and you will be required to submit legal documents from the company/companies you're applying to and from your legal staff to our FlipSetter legal team stating the situation has been resolved. Therefore, we caution you to use discretion and be sensible when uploading photos, videos, urls, text and other sources of information.
There will be no contesting of this matter because FlipSetter's Terms and Conditions, Job Boxes℠ and portfolios work in accordance with the Department of Labor Part 60.3 - Uniform Guidelines on Employee Selection Procedures (1978).
In order to ensure a safe and pleasant experience for all of our users, FlipSetter reserves the right to limit the amount of data (includes portfolio reviews) that may be accessed and viewable by you at any time. These limitations may be modified in FlipSetter's sole discretion from time to time.Videos:
FlipSetter has two categories of videos:
While video is an important and effective information, delivery vehicle; it is also important for you to be aware of what to watch out for. We advise you consider the following legal criteria while uploading your video(s).
***FlipSetter’s multimedia content abides by the Digital Millennium Copyright Act (DMCA) and Lanham Act. Therefore, we exercise Denial of Liability for any issues or disputes that may occur. Our legal team will have a registered agent and business insurance that will allow FlipSetter staff to exercise full protection from any wrongdoings from any users. If a situation arises where you do upload a video that contains copyrighted content then the FlipSetter legal team is obligated to alert you that a Takedown Notice has been requested, and that you have 14 days from the time of the request to defend the possible infringement(s).
This is a Safe Harbor Provision taken up by FlipSetter for our protection, but in doing so we will continuously monitor unwarranted activity.
In addition, if you do upload videos that contain copyrighted information from an existing entity then be aware of the Lanham Act. This act prevents any deliberate or attempted changes to an already existing trademark. The Lanham Act protects trademarks i.e. graphics, symbols, phrases, words and logos. If you feel that you may be potentially infringing on copyrights during the production of your video(s) then it strongly advisable that you request permission from the entity or entities that are being featured whether directly or indirectly such as in the background.Questionnaire
Our FlipSetter questionnaire is a set of standard, legal questions that companies commonly use when browsing through submitted job applications. Our questionnaire is the most complete, user friendly, comforting, fair and secure questionnaire than any other website on the internet. We provide the following coverage and detailed links to help you and users understand what it is that we are asking for, and to improve quality control on the employer(s) side by telling them what more documentation, assistance or resources you may need before you get started on your journey! We ask:
The questionnaire will pop up as a part of the job application wizard when you apply to any job through FlipSetter for the first time, or through your account settings page. You only need to fill it out once no matter how many jobs you apply to. However, if you do deactivate your account and then reactivate it then the same conditions for the questionnaire apply to our 60 day reactivation policy to reclaim all of your content. FlipSetter requires this questionnaire to be filled out before anyone applies for jobs because of the high degree of flexibility we have on our portfolio application. Our portfolio has multi-media capabilities that allow applicants such as:
To experience a complete way to showcase their skill sets. FlipSetter asks everyone to be honest and keep their portfolios clean because at the end of the questionnaire we have a legal disclaimer that states “Denial of Liability,”
an e-signature and that we are authorized to file any complaints against an applicant(s), suspend any accounts and deny job acceptance if companies on FlipSetter have any issues.
*All portfolios and questionnaires will be reviewed by our legal team before and during all users apply for jobs.
Your profile belongs to you, and the informati on you post on FlipSetter is shared depending on your privacy and application settings. This also includes:
We always do our best to keep FlipSetter safe, but we cannot guarantee it. We need your help and feedback to make this possible for everyone, and here are some steps that can help us all:
Termination of any profile is subject to the business owner's discretion. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of any copyrighted works constitutes infringement of the copyright owner's rights. As a condition to your use of FlipSetter you agree not to use any of FlipSetter's content to infringe on any IP rights of others in any way. FlipSetter reserves the right to terminate the accounts of any users, and block access to the pages of any users who are repeat offenders of the copyrights, or other IP rights of others. FlipSetter reserves the right in its sole discretion to take these actions and limit access to the site and/or terminate accounts at any time if we detect users who violate the terms of this agreement.Limitation of Liability
The employer, employee or any user has full liability of his or her profile. FlipSetter only provides a setting and/or community for people to gather together. Despite the measures FlipSetter takes to verify the legitimacy of any and all users, we are not responsible for user content, quality or safety on our branded Job Box ℠ application system, posted information on portfolios, accuracy and legitimacy of job postings, ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings.
While FlipSetter reserves the right in its own discretion to remove user content, job postings, portfolios or other material from FlipSetter sites periodically, FlipSetter does not assume any obligation to inform people when we do so and to the extent that the law permits, disclaims any liability for failing to take any such action. Note that there are risks, including but not limited to physical harm, dealing with strangers, underage people or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the FlipSetter. 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 you to use caution and common sense when using expanding your business and networks.
Although FlipSetter has an e-mail verification system to prevent fake accounts or potentially fraudulent behavior, FlipSetter cannot and does not confirm the validity of each user, but asks that each person does register and use our site sincerely. Because we do not and will not be involved in everyone's actions or control the behavior of participants on any FlipSetter page in the event that there is a dispute with one or more users, you must release FlipSetter (and our agents and employees) from claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, potentially arising out of or in any way connected with such disputes to the fullest extent permitted by law.
FlipSetter pages and content may contain inaccuracies or other errors. FlipSetter makes no representations about the accuracy, reliability, completeness or timeliness of any misused content. Changes are periodically made to FlipSetter and may be made at any time. FlipSetter cannot guarantee and does not promise any specific results from use of any FlipSetter site. No advice or information whether oral or written obtained by a user from FlipSetter, or from any FlipSetter page shall create any warranty not expressly stated herein.
FlipSetter does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any FlipSetter site, or any other representation, warranty or guarantee. Any such undertaking, representation, warranty or guarantee would be furnished solely by the provider of such third party products or services under the terms agreed to by the provider. If notified of any content or other materials which allegedly do not conform to these terms, FlipSetter may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. FlipSetter has no liability or responsibility to users for performance or lack of performance with such activities.Export Control
Current and new users are not permitted to sell or distribute the contents of this website to other countries or parties. If other countries are interested in submitting their businesses they can do so through our site.Third Party Involvement
FlipSetter will support second, third party and end user involvement because companies can potentially do business overseas. The user must submit the email address of the designated affiliate to his or her profile which will be processed and then the company profiles will be accessible.No Involvement
FlipSetter respects the profile that you choose to create, but encourages you to make reasonable decisions on how you carry out your logistics. FlipSetter demands respect in return for privacy, intellectual property and other contents that overall create the website.
As a condition to make use of the website, you acknowledge that anything you do is your responsibility. Because of the enormous diversity of businesses that we encourage, the possibility of any and all misdemeanors, malpractice, and mismanagement includes but is not limited to:
FlipSetter is not liable for any wrongdoing and is supported by a full committee. If any company, regardless of a Fortune Company, Incorporation or Government organization tries to challenge this, FlipSetter will constitutionally refuse all attempts for litigation, however will respectfully provide solutions; otherwise, withdraw due to the agreed stipulations.Disputes
You will resolve any claim, dispute, or legal confrontation you have with us associated with or relating to these Terms and Conditions with FlipSetter exclusively in a state or federal court located in Hillsborough County, Tampa, FL.
FlipSetter's goals are to provide a safe and pleasant experience for our users, and we will do everything we can to make sure that you are satisfied with our services. Privacy will be maintained at all times provided the user keeps up with his or her interests by abiding by our regulations to keep FlipSetter professional and productive.Indemnification
You agree to indemnify, defend, and hold harmless the FlipSetter community, its officers, directors, employees, agents, licensors and suppliers (collectively the 'Service Providers') from and against all losses, expenses, damages and costs including reasonable attorneys' fees resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your internet provider (IP) address.Third-Party Links
In an attempt to provide increased value to our visitors, FlipSetter may link to sites operated by third parties. However, even if the third party is affiliated with FlipSetter communities, FlipSetter has no control over these linked sites, all of which have separate privacy and data collection practices independent of FlipSetter's rules and regulations. These linked sites are only for your convenience and therefore you are accessing them at your own risk. Nonetheless, FlipSetter seeks to protect the integrity of its web site and the links placed upon it, therefore, we encourage feedback of any kind not only for the site, but for other sites we link to as well (including if a specific link does not work).