Figueroa Employee Services

Last Modification Date: April 19, 2025 [Terms of Use and Privacy Policy Statement Terms of Use]

Figueroa Employee Services Terms of Use and Privacy Policy

Welcome to the Figueroaemployeeservices.com website (the “Site”), owned and operated by Figueroa Employee Services, LLC (“F.E.S.” , “F.E.S.’s” , or “F.E.S. Recruiter”). The Site offers various opportunities to explore and engage with F.E.S., including hiring services, recruitment consulting services, onboarding and training services, submit content, submit employment needs, submit partnership opportunities, and participation in F.E.S. related activities (the “Service”, or ”Services”).

1. Your Acceptance: By Accessing and/or using the Site and the Services you accept, without modification, these Terms of Use (“Term” or “Terms of Use” or “Term of Service”). IF YOU DO NOT AGREE TO THESE TERMS, PLEASE EXIT THE SITE AND DO NOT RETURN.

(1.A.) Terms and Privacy Policy. The F.E.S. Privacy Policy (“Policy” or “Privacy Statement” or “Privacy Policy”) and Terms are located here. Please read both the Terms and Privacy Policy carefully. By agreeing to these Terms, you are also agreeing to the Privacy Policy. 

(1.B.) Changes to these Terms. F.E.S. reserves the right to change, add, modify, or delete portions of these Terms at any time, at our sole discretion, without further notice. By continuing to use the Services or the Site after any such changes, you agree to the new terms. All material changes to the Terms will be posted on this page, with a revision date at the top indicating when these terms were last revised. It is your responsibility to regularly check this page to determine if there have been modifications to these Terms of Use and to ensure your compliance with them.

2. Content: All content on the Site, including but not limited to user and visual interfaces, text, photographs, videos (referred to as “moving images”), illustrations, graphics, files, service marks, logos, artwork, music, sound, and the design, coordination, structure, code, “look and feel,” and arrangement of such F.E.S. content (collectively referred to as “Content”), is owned by F.E.S., its content providers, agents, licensors, or F.E.S. approved content contributors.

• You are not permitted to copy, transmit, reproduce, license, modify, publish, display, perform, distribute, create, or derive works from any Content, except as explicitly stated on the Site. You may only print, download, play, and print Content from the Site for your own informational and noncommercial purposes, as expressly stated on the Site. You must not remove trademarks, copyrights, or other proprietary notices from any material found on the Site.
• The Site and its Content will remain the exclusive property of Figueroa Employee Services or its licensors and are not considered, nor should they be considered, “public domain” unless expressly agreed upon or disclosed as public facts.

3. Confidentiality: You and F.E.S. (referred to as “The Parties,” “We,” or “Party”, or “Party’s”) acknowledge and agree that We are entrusting and confiding in potential access to each Party’s non-public Confidential Information when soliciting F.E.S. Services. This solicitation of F.E.S. Services can occur with or without an Agreement (“Contract”) in place. This Confidential Information (as defined herein) pertains to employees, business operations, employment policies, and development. The Parties agree that the Confidential Information is valuable and secret to each respective Party. The Parties mentioned in these Terms desire to maintain the private and secret nature of any Confidential Information provided by either Party.

• Confidential Information refers to any and all information that is confidential and commercially valuable to the Parties. This includes, but is not limited to, employee information, data, documents, designs, patents, copyrights, trademarks, design processes, company improvements, actual or prospective projects, know-how, techniques, methods, software, systems practices, tools, specifications, inventions, equipment, algorithms, samples, models, drawings, sketches, plans, programs, or other oral or written knowledge and trade secrets. This Confidential Information may pertain to, but is not limited to, the fields of development and research, processes and procedures, business affairs or matters, marketing, forecasting, suppliers, personnel, customers, client names and contacts, finance, intellectual property, and any other information that is confidential and commercially valuable to the Parties.

For the purpose of these Terms of Service, Confidential Information does not include any information that: is already known, through legal means, to either Party; is known to the general public at the time of disclosure or becomes available or known after disclosure through no fault of the Parties; is given to You or F.E.S. by any third party who legally had the Confidential Information and the rights to disclose it; is given by either You or F.E.S. to third parties without any restrictions; or is developed independently by either Party, and the respective Party can demonstrate such independent development.

Both Parties hereby agree that they shall: not publicly display, retain, or disclose the Confidential Information via any unauthorized means to any third parties without prior written approval. They will protect all project-related information disclosed or learned by either Party and understand that all project-related information shall be considered “Confidential Information.” Both Parties agree to nonuse and nondisclosure of Confidential Information. Each Party agrees that, even without an Agreement in place now or thereafter, they will not use the Confidential Information for any purpose except those contemplated herein or expressly authorized by each respective Party.

4. Indemnification:

(4.A.) The Parties Indemnification.

Each Party agrees to indemnify and hold the other harmless against any and all liability, loss, and damages as well as costs incurred and legal fees, as a result of the candidate recruiting services, recruitment consulting services, and/or recruitment training and/or orientation services rendered under these Terms arising out of the fault of indemnifying Party.

• F.E.S. cannot control what information is being presented and/or is neglected to be presented by potential Candidates. In the event an unlawful fact about the potential candidate is uncovered, F.E.S. will not be held liable for any such results being found in the F.E.S presentation process, hiring process, or once the candidate is officially hired by You. F.E.S. does not claim to know all employment details or background details about any potential Candidate.

(4.B.) The Parties Affiliates and Contractors Indemnification.

The Parties are not liable for the individual acts of misconduct or breach of contract of contractors or affiliates.

5. Rights to Reject Candidates: F.E.S. has the right to reject a candidate’s resume if it has received the resume from another source including but not limited to referrals, the candidate themselves, the internet, another firm or some other means. You understand that F.E.S has the right to reject any candidate resume.

6. Accuracy of Information: You agree that you will not provide inaccurate, false, or misleading information to F.E.S., or any of its representatives and/or F.E.S. contractors. You agree that all information provided by You is accurate to the best of Your knowledge. You agree that you will not transmit any words or information that are obscene, offensive, abusive, profane, harassing, or threatening. Your use of F.E.S. services may be terminated or suspended immediately upon receipt of any allegation or notice that you have used the Site or Services in violation of these Terms of Use. F.E.S. does not guarantee and is not responsible for the completeness or accuracy of any Content on the Site. No Content may be relied upon as a promise of representation by F.E.S. whether considered in the past, present, or future. No Content by F.E.S. may be considered an obligation by any person or entity to take any action or refrain from taking any action.

7. Relationship of the Parties: F.E.S.’s status at all times will continue to be that of an independent contractor to You. F.E.S. is not authorized as an employee, legal advisor/representative, or agent of Yours, except for the limited agency purpose of pre-screening potential Candidates. You will not have the power to control the operations or activities of F.E.S.

• You agree to only use F.E.S. for the term of an Established Agreement between both You and F.E.S.. No other recruitment firm, recruitment consulting firm, employment agency may be utilized in combination with F.E.S. unless otherwise approved and agreed upon in writing by both Parties once an Agreement is established.
• You understand and agree that during the term of an Established Agreement between both You and F.E.S., F.E.S. may be retained by other corporations, commercial enterprises, and/or companies to perform various employment services.

8. Advertisements – F.E.S. exclusively markets, offers, and places advertisements on the Site for its benefit. Third parties are not permitted to market, offer, sell, or place advertisements on the Site.

9. Limitations to These Terms – The Site and Services may include links to third-party websites for your convenience. F.E.S. does not endorse or control these websites and is not responsible for their services, policies, practices, content, or products. By using the Site and Services, you release F.E.S. from any liability related to your use of third-party websites.

10. Force Majeure: F.E.S. and its affiliates are not liable for any failure to perform due to causes beyond their reasonable control including, but not limited to, natural disasters and acts of nature, acts of civil authorities, embargoes, riots, acts of military authorities, pandemic, epidemic, government shutdowns, acts of God, and other acts which may be due to unforeseen circumstances.

11. Disclaimers – Your use of the F.E.S. Site and Services is at your own risk. The Site and Services are provided “as is” without any warranties other than the Top-Talent Guarantees presented and/or displayed on the Site. F.E.S. is not liable for interruptions, errors, unauthorized access, inaccuracies, viruses, or bugs transmitted through the Site or Services. F.E.S. does not guarantee it’s methods or recruitment practices and disclaims responsibility for third-party actions or Services with or without direction from F.E.S.. F.E.S. is not liable for Service misuse, consistencies, or industry effectiveness. F.E.S. does not monitor transactions or use of third-party provider Services. Use your best judgment and exercise caution when purchasing products or services.

• F.E.S. does not guarantee continuous, secure, or uninterrupted access to the Site or Services, and operation of the Site may be interfered with by numerous factors outside of our control. Our failure to act with respect to a breach by You or others does not waive our rights to act with respect to similar or subsequent breaches.

12. Ability to Accept Terms of Use: You warrant and affirm that you are either 18 years of age or older, or possess legal guardian or parental consent, or are an emancipated minor, and are fully competent and able to enter into the terms, affirmations, conditions, obligations, warranties, and representations set forth in these Terms of Use and Privacy Policy, and comply with these Terms of Use. In any case, you affirm that you are over the legal age necessary in your state of residence to solicit, and/or use any Services provided by or suggested by F.E.S. If you are under the legal age deemed appropriate by your state of residence to solicit, and/or use any Services provided by or suggested by F.E.S., the please do not use the Site or Services.

13. Governing Law: These Terms of Use and Privacy Policy shall be governed in all respects by the laws of the state of Florida and any applicable federal law. Both You and F.E.S. consent to jurisdiction under the state and federal courts within the state and county of Archer, Florida. We agree that this choice of jurisdiction provision, law, and venue, and is not permissive, but rather mandatory in nature. You may not assign or delegate any rights granted to You hereunder and any attempt to do so is of no effect and void.

• Liability Cap. SUBJECT TO ALL OF SECTION 13, TO THE FULLEST EXTENT PERMITTED BY LAW, F.E.S. AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THE BUSINESS SERVICES FOR AN AMOUNT THAT EXCEEDS $2,000 USD.
• These Terms of Service set forth the entire Agreement and understanding between us with respect to the to the subject matter hereof. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive. These Terms of Service and Privacy Policy are in full effect whether an official Agreement between the Parties has been officially established or not. If any provision of these Terms of Use is unenforceable or invalid in any jurisdiction, the other provisions herein will remain in full effect and force.

14. Headings: Headings on this Terms of Service and Privacy Policy/Statement are for the purpose of convenience only and shall not be construed to limit or otherwise affect the terms of these Policies.

PRIVACY STATEMENT

Thank you for visiting [figueroaemployeeservices.com](http://www.figueroaemployeeservices.com). We value your privacy and aim to inform you about the information we collect, how we use it, and if we disclose it. By using our site, you accept this privacy policy. If you disagree, please exit the site. We may change the policy at any time, and continued use means you agree to the new terms.

We collect Personally Identifiable Information (PII) on our Site, which includes details that specifically identify you. This information is gathered when you enter it on the Site or provide it through other channels that lead to the Site. For instance, when you solicit F.E.S. Services or submit an online application we collect and store details such as your name, address, email address, telephone number, and any work or company-related information.

We collect Personal Information in specific areas of the Site where you knowingly provide it, such as solicitation of F.E.S. candidate recruitment services, online chats, lead generating forms, F.E.S. training services, F.E.S. orientation services, or F.E.S. recruitment consulting services. All chats, and online service solicitations are electronically recorded for the protection of both parties and may be reviewed by other F.E.S. contractors to improve our service. Generally, you can visit our Site without revealing any Personally Identifiable Information.

Securing Personal Information: Personal Information collected by the Site is stored in secure environments inaccessible to the public. Only contractors, employees or volunteers who need access to perform their jobs are allowed access. Violations of privacy policies by contractors, employees or volunteers may result in disciplinary action, termination, or legal prosecution. While we strive to protect your Personal Information, no data transmission over the Internet or any public network can be guaranteed to be completely secure.

PII Use and Collection Continued: We do not sell, trade, or share your Personally Identifiable Information without your permission. Occasionally, we may use comments from chats or emails in our marketing, but we will not disclose your identity or any identifying details without your explicit consent.

• We may collect and store information about you from other sources to update and correct our database. This helps us provide information that may interest you and send reminders about opportunities if you have agreed to receive emails from us.
• We collect Anonymous Information through traffic data whenever you interact with the Site. This includes information on user-traffic patterns and site usage to analyze and improve the Site, ensuring a fulfilling experience for our users.

PII Legal: We may provide Personally Identifiable Information in response to legal orders or government investigations and report unlawful activities to law enforcement agencies. In emergency situations, we may disclose Personal Information if required by law or in good faith to ensure the safety of our users, contractors, and the public, comply with legal processes, and protect our rights or property.

We may disclose Personally Identifiable Information to enforce our Limited Warranty or protect the property, safety, and rights of individuals. This includes responding to legal requests such as court orders or summons, both within and outside the United States, if required by law. We may also share information to protect ourselves and users, prevent imminent harm, prevent fraud, or illegal activities. This may involve sharing information with companies, lawyers, government entities or courts. Additionally, certain conversations on this site, produced, or continued from the site initial interaction may require reporting to authorities, including cases of abuse, terrorism, rape, self-harm, or suicide.

Links to Third-Party Websites: We provide links to third-party websites for your convenience and additional information. By using these links, you will leave our Site. This Privacy Statement does not apply to the information practices of linked websites. We recommend reviewing the privacy policies of each site you visit.

• If you use an outside source to send F.E.S. your company contact information i.e. Linkedin Lead generation and other lead generation forums. F.E.S. has no control over what PII information they store and use to their benefit. F.E.S. will not be held liable for that lead generation tool and/or companies actions. When utilizing or soliciting F.E.S. services you understand that the most secure method of sharing your company needs would be in person, via a secured email, or a secured phone line.

Children and Privacy: Our Website is not intended for children under 16. We recommend that children under 16 use the Site only with parental or guardian supervision, although we understand this may not always be feasible.

Changes to This Statement: Updates or changes to this Privacy Statement will be posted on our Site with the date of the latest version at the top. Please review it regularly, especially before submitting any Personally Identifiable Information.

Headings: Headings on this Terms of Service and Privacy Policy/Statement are for the purpose of convenience only and shall not be construed to limit or otherwise affect the terms of these Policies.

By using our Site, you accept the current Privacy Statement. If you have any concerns about our use of your information or this Privacy Statement, please contact us through the website, and we will address your concerns and/or modify the Terms accordingly on a case-by-case basis. Any Term or Policy modifications will be finalized in writing.

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F.E.S. looks forward to working with you!