Terms of Service
Effective Date: August 25, 2024
Welcome to TalentEngine! These Terms of Service ("Terms") govern your access to and use of the TalentEngine website and services (the "Site" and "Services"). By using our Site or Services, you agree to comply with these Terms. If you do not agree, you should not use our Site or Services.
Acceptance of Terms
By accessing or using the TalentEngine Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you are using our Site or Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Eligibility
To use our Site or Services, you must be at least 18 years old or the age of legal majority in your jurisdiction. By using our Site or Services, you affirm that you meet these age requirements. If you do not meet these requirements, you must not access or use the Site or Services.
User Accounts
You may be required to create an account to use certain features of our Site or Services. You agree to provide accurate, current, and complete information during the registration process and to keep this information updated. You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.
User Conduct
User Responsibility
You agree to use the Site and Services responsibly and in compliance with all applicable laws and regulations. You must not engage in any activity that:
- Violates any laws, regulations, or third-party rights;
- Interferes with or disrupts the operation of the Site or Services;
- Involves the use of automated systems or software to extract data from the Site or Services for commercial purposes without our permission;
- Contains harmful, abusive, or offensive content, including but not limited to defamatory, obscene, or invasive material;
- Misrepresents your identity or affiliation with any person or organization.
Non-Disclosure of Candidate Information
As a user of TalentEngine, you agree that any personally identifiable information (PII) related to candidates, including but not limited to their name, contact details, work history, education, and any other data that can be used to identify them, is confidential and must be handled with the utmost care.
You are strictly prohibited from disclosing, sharing, or distributing any PII about candidates, as well as revealing their presence or participation on TalentEngine, to any third party without the explicit, written consent of the candidate. This obligation extends to all forms of communication, including but not limited to verbal, written, digital, or any other medium.
Any violation of this non-disclosure requirement may result in immediate suspension or termination of your access to TalentEngine's services, along with potential legal consequences.
You acknowledge and agree that the protection of candidate PII and their anonymity on TalentEngine is critical to maintaining trust and integrity within the TalentEngine community and is a fundamental condition of your use of our services.
Content
User Content
You may submit or upload content, including but not limited to job postings, resumes, and messages, to the Site or Services ("User Content"). By submitting User Content, you grant TalentEngine a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform the User Content in connection with the operation of the Site and Services.
You represent and warrant that you have the right to submit the User Content and that it does not infringe on the rights of any third party. TalentEngine reserves the right to remove any User Content that violates these Terms or is otherwise objectionable.
TalentEngine Content
All content provided by TalentEngine, including but not limited to text, graphics, logos, and software, is the property of TalentEngine or its licensors ("TalentEngine Content"). You may not use, copy, reproduce, distribute, or create derivative works from TalentEngine Content without our prior written consent.
Limitation of Liability
To the fullest extent permitted by law, TalentEngine and its affiliates, officers, employees, and agents (collectively, "TalentEngine Parties") shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising from or related to your use of the Site or Services.
In no event shall the aggregate liability of the TalentEngine Parties exceed the greater of the amount you paid to TalentEngine for the Services in the past twelve months or one hundred dollars ($100).
Disclaimer of Warranties
The Site and Services are provided on an "as-is" and "as available" basis. To the fullest extent permitted by law, TalentEngine disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. TalentEngine does not warrant that the Site or Services will be uninterrupted, error-free, or secure.
Company Rights
Ownership
All rights, title, and interest in and to the Site and Services, including but not limited to all intellectual property rights, are owned by TalentEngine or its licensors. Nothing in these Terms grants you any right to use the TalentEngine name, trademarks, logos, or other proprietary features without our prior written consent.
Modification of Services
TalentEngine reserves the right to modify, suspend, or discontinue the Site or Services at any time, with or without notice. TalentEngine shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Site or Services.
Termination of Access
TalentEngine may terminate or suspend your access to the Site or Services at any time, with or without cause, and without prior notice. Upon termination, you must cease all use of the Site and Services and destroy any content obtained through them.
Copyright Policy
TalentEngine respects the intellectual property rights of others and expects users to do the same. If you believe that your copyrighted work has been infringed on the Site, please contact us with a detailed description of the alleged infringement. We will investigate and take appropriate action, including removing the infringing content.
Term and Termination
These Terms remain in effect as long as you use the Site or Services. You may terminate your account and these Terms by ceasing all use of the Site and Services. TalentEngine reserves the right to terminate or suspend your account for any reason, including but not limited to breach of these Terms.
Disputes with Others
You agree that TalentEngine is not responsible for resolving disputes between users of the Site or Services. You release TalentEngine from any claims, demands, and damages arising from disputes with other users.
Arbitration
Informal Resolution
You and TalentEngine agree to attempt to resolve any disputes through informal negotiation for at least 30 days before initiating arbitration.
Binding Arbitration
If informal negotiation fails, disputes shall be resolved through binding arbitration administered by JAMS in San Francisco, California, pursuant to the JAMS Comprehensive Arbitration Rules & Procedures in effect at the time of arbitration (available at https://www.jamsadr.com/rules-comprehensive-arbitration/) Arbitration shall be conducted on an individual basis, and class actions are prohibited. The arbitrator's decision will be final and binding.
Opt-Out
You may opt out of arbitration within 30 days of registering for the Site or Services by sending written notice to TalentEngine.
Feedback
Any feedback, suggestions, or ideas you provide to TalentEngine regarding the Site or Services are non-confidential and may be used by TalentEngine without restriction or compensation.
Modification of Agreement
TalenEngine may modify these Terms at any time. Any changes will be posted on the Site, and continued use of the Site or Services after changes are posted constitutes your acceptance of the modified Terms.
Refunds and Chargebacks
Refunds
Refunds are generally not provided. If you believe you are entitled to a refund, you must request it within seven days of payment. TalentEngine will review refund requests at its sole discretion.
Chargebacks
Before disputing any charges with your payment provider, you agree to contact TalentEngine to resolve the issue. Failure to do so may result in the suspension or termination of your account.
General Provisions
Governing Law
These Terms are governed by and construed in accordance with the laws of the State of California.
Venue
Any legal action or proceeding arising under these Terms will be brought exclusively in the state or federal courts located in San Francisco County, California.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Waiver
The failure of TalentEngine to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
Entire Agreement
These Terms constitute the entire agreement between you and TalentEngine regarding the Site and Services and supersede any prior agreements.
No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights.
Force Majeure
TalentEngine will not be liable for any delays or failures to perform due to causes beyond its reasonable control, such as natural disasters, wars, or cyberattacks.
Electronic Communications
You consent to receive communications from TalentEngine electronically. You agree to provide and maintain accurate and up-to-date contact information.
Government Use
If you are a U.S. government entity, your use of the Site and Services is subject to the restrictions stated in this Agreement and applicable federal regulations.
California Residents
California residents are entitled to specific consumer rights. Please refer to California Civil Code Section 1789.3 for more information.
XVII. Contact Information
If you have any questions about these Terms or need to contact us for any reason, please reach out to us at: hello@talentengine.com