Welcome to the Talinity platform, including the website at www.talinity.com (the “Site”) and the related Mobile Apps (as defined below) (collectively, the “Service”). These terms of use (“Terms of Use “) form a legal agreement between you (including, if applicable, any legal entity which you represent or act for) (“you”) and Talinity, LLC. (“we” “us” or “Talinity”) and sets forth the terms and conditions governing your access to, and use of, the Site and the Service provided thereby. The Service enables Members to refer others for jobs and to be referred for jobs; and enables Employers and Search Firms to receive referrals of candidates for jobs. Please read these Terms of Use carefully before using the Site and Services. By clicking “I Accept” or by using the Site and Services, you agree to be bound by these Terms of Use, as may be amended by us from time to time. If you do not agree to these Terms of Use, please refrain from using the Site and Services. Talinity permits access to and use of the Service, subject to the terms and conditions in this Terms of Use (“TOU”). You can access and review the most current version of the TOU at the URL for this page or by clicking on the “Terms of Use” link within the Service.
If you do not agree to accept the TOU, you will not be able to establish an account and use our Services.
We reserve the right to: deny access or registration to any individual, corporation or entity without notice or liability to you; to modify, suspend, or discontinue the Service without notice or liability to you; and from time to time to amend this agreement. You agree that your continued use of the Site and Service following such modifications constitutes your acceptance of such modifications. Therefore, you must revisit these Terms Of Use regularly to be updated of any modifications made.
All communications between you and us shall be by electronic means. You hereby consent and agree to receive communications from us in an electronic form.
PLEASE REVIEW THE TOU CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TOU, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU ARE ENTERING INTO THE TOU ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO BIND SUCH ENTITY TO THE TOU, IN WHICH CASE THE TERM “YOU” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE TOU, YOU MAY NOT ACCESS OR USE THE SERVICE.
You represent and warrant that you are: (i) over eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Service under the laws of your country of residence or any other applicable jurisdiction.
In addition to the TOU, the Talinity Privacy Policy located at https://talinity.com/privacy-policy/ (“Privacy Policy”), applies to your access to and use of the Service.
You are required to create an account in order to use the Site. You agree that all information provided by you is accurate, full, complete and up-to-date at all times.
Your registration must be completed using your real name. Each registration is for you (or, if applicable, for the use of the legal entity on whose behalf you access the Site). You may only use one single account. You may not use the account of others, or allow others to use your account, and you are responsible for preventing such unauthorized use and for all activity that occurs under your account.
You agree that we rely on valid e-mail addresses that act as “User ID”s to confirm whether users accessing the Site and using our Service are authorized to do so. If a user accesses the Site using a User ID that was issued to you, we will rely on that User ID and will assume you personally are accessing the Site. You are solely responsible for any and all access to the Site or use of the Service by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
We reserve the right to suspend or terminate your account at our sole discretion should you fail to meet the requirements set forth above.
You are able to terminate your Service registration and account and upon any termination, all rights and obligations of the parties shall cease and you shall immediately cease using the Service, except that all obligations that accrued prior to the effective date of termination (including without limitation, all obligations to pay applicable fees) and all remedies for breach of the Terms of Use shall survive. Personal data stored by Talinity will be deleted after the legal basis for processing that data has passed and according to local law. To exercise these rights, you can request a copy of this data or its deletion by contacting support@talinity.com.
We offer three (3) distinct types of accounts. A member can choose to be included in one or more. They are as follows:
1) Member, which includes both Candidates and Champions (referrers). 2) Search Firm (must be an authorized representative to act for and on behalf of the entity’s account). 3) Hiring Manager (must be an authorized representative to act for and on behalf of the entity’s account).
As used herein: (i) “Member” means an individual who has created a registered account within the Service and who may be either a Candidate for specific jobs or may function as a Champion (referrer). A “Candidate” means an individual who has been referred by a Champion for a specific job listing via the Service. A “Champion” means a Member who has referred specific individuals for a specific job listing via the Service. (ii) “Search Firm” means an individual or company that functions as a recruiter, search firm, or headhunter and has been specifically engaged by a hiring company to identify Candidates for a specific job via a Job Requisition or similar method of contractually engaging the Search Firm/Recruiter. (iii) “Hiring Manager” means any individual, corporation, partnership, limited liability company or other entity that lists one or more job opening within the Service for the purpose of hiring a Candidate directly (and not as a Search Firm).
Note: The Terms of Use apply to all of the above.
Our Services allow messaging and sharing of information in a variety of ways including, but not limited to, member profiles, company profiles, job postings, candidate recommendations, job applications and messaging.
We are not obligated to publish, maintain, or store any information or content on our Service and can remove it at our sole discretion, without notice and without liability to you.
In order to access our services, you must first establish an account which includes but is not limited to the following information:
Hiring Managers and Search Firms must also include company information
Please Note: From time to time, you may be required to update this information and attest it is true and accurate. Any misinformation is grounds for our immediate termination of your use of our Site and Service without liability to you. Similarly, you agree we are not liable to you for your failure to maintain the security of your account or for activities under your password via your account. You are also required to advise us immediately of any unauthorized use, fraud, suspected fraud, breach of security, loss, theft, and unauthorized use of your password and/or account.
Hiring Managers and Search Firms using our Service agree that they will use our Service solely for recruiting purposes of specific employment opportunities and that communications not related to an employment opportunity are strictly prohibited.
Search Firms may only post jobs for which they have a direct engagement with a Hiring Manager to fill an open job. Search Firms may not post jobs found on a third party job board, recruiting marketplace, or crowdsource recruiting platform.
You hereby agree and undertake not to (i) conduct or promote any illegal activities while using the Site or Services; (ii) hold yourself out as sponsored by, endorsed by, or affiliated with the Site or Service; (iii) upload, post, email, transmit or otherwise make available information that is unlawful, infringes on another’s intellectual property and other rights, or is harmful to minors in any way; (iv) use any portion of the Service for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable; (v) attempt to interfere with any other person’s use of the Service (vi) attempt to modify, translate, adapt, edit, decompile, disassemble, reverse engineer, lease, rent, distribute, or otherwise transfer any of the rights that you receive hereunder and any software programs used by us in connection with the Service; (vii) attempt to gain access to secured portions of the Site to which you have no permission to enter, including database, computer systems or servers; (viii) upload or transmit any form of virus, worm, trojan horse, or other malicious code; (ix) use any portion of the Site or Services for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation; (x) use any automatic or manual process (such as a robot or spider) to search, scrape, or harvest information from the Site or Service, (xi) deep link to any page in the system for any purpose, (xii) perform any function, such as denial of service that might interfere in any way with the proper functioning of the Site and Service, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site and Service; (xiii) misrepresent your identity or impersonate any person, (xiv) use the Site or Service to build a competitive product or service or make a product or service with similar features, functions, text, or graphics, (xv) make derivative works based on the Service or Site or any content therein or copy any features or functions, text, or graphics of the Service, Site, or content, or “frame” or “mirror” the Service, (xvi) remove or modify any copyright or other intellectual property notices that appear in the Service, (xvii) attempt to probe, scan or test the vulnerability of any Talinity system or network or breach any security or authentication measures; (xviii) void, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Talinity or any of Talinity’s providers or any other third party (including another user) to protect the Service; (xix) use the Service or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Use; (xx) distribute or post spam, chain letters, pyramid schemes, or similar communications through the Service, (xxi) use this Site or its contents for any commercial purpose except as expressly permitted herein; (xxii) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (xxiii) use automated scripts to collect information from or otherwise interact with the Service; (xxiv) register for more than one account, register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity; or (xxv) intimidate, bully, shame, or harass other users; (xxvi) collect or harvest any personally identifiable information from our Site or Service; (xxvii) or use network-monitoring software to determine architecture of or extract usage data from our Site or Service.
As a member or user you are granting Talinity, LLC. a non-exclusive right and license to use, in any legal form, all information you submit or post as well as to copy, publish and/or distribute same. Your information and posts however, remain your property.
Use of the Talinity system is currently free for all users. If You are an Employer or Search Firm: You may associate a Champion Reward and a Candidate Reward with each Open Position when you post a job. If you choose to offer any Rewards, you agree to pay those Rewards directly to the recipients.
You acknowledge and agree that we and our licensors (as applicable) retain sole, full and exclusive ownership of all intellectual property rights of any kind related to the Site and Service, including copyrights, trademarks and other proprietary rights (“Intellectual Property Rights”). No license is granted hereunder to any Intellectual Property Rights. Our trademarks include Talinity, Talinity.com, CandidateScore, CandidateRank, ReferralStrength, RelationshipStrength, ChampionMatch, ChampionScore, CareerSuccess, TalinityPredict, NetworkEquity and TradeKnowledge. Other names that are mentioned on the Site or provided as part of the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you hereunder.
You hereby represent and warrant that you alone retain full and absolute title to all intellectual property rights in any copyrighted materials (including trademarks) that are contained in Content that you provide. You hereby grant us a perpetual, non-exclusive, royalty-free, fully paid, worldwide, irrevocable sub-licensable license, to use all such materials for the provision of the Service and in connection thereto.
You are required to update any Content that you share on the Site so that it remains current and accurate at all times. If you are a Hiring Manager or Search Firm, you are required to promptly report any position posted by you being no longer available, and to promptly report any Candidate hired through the Service as a Hired Candidate. Failure to do so shall constitute a material breach of these Terms of Use and may result in termination of your account. At our discretion, we may remove any posted position that shows no activity for 60 or more days. A Hired Candidate shall mean any Candidate that accepts an offer of employment or engagement as an independent contractor for any position from Hiring Manager or Search Firm’s Hiring Client, or any affiliate thereof, whether such employment is full time or part time, as an employee, independent contractor, or paid advisor, regardless of the position for which they were referred under the Service.
You are solely responsible for any Content you submit to the Site or Services. We are under no obligation to edit or control your Content. If you submit any Content, you grant Talinity an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Content, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. If you remove any Content, then the foregoing license shall automatically expire, except that we shall retain such license to the extent that we have incorporated such Content onto its content sites or in our advertising or promotional materials, and shall have the right to retain archived copies of such Content. By submitting any Content, you represent and warrant that you own or otherwise control all rights to such Content and that public disclosure and use of the Content by Talinity (including without limitation, publishing content in the Service) will not infringe or violate the rights of any third party.
If you provide referrals to open positions, please note that we may use Content to rank you and your recommendations.
Talinity provides Members with the Service that allows them to refer candidates for employment or engagement as a consultant or independent contractor. However, Talinity does not act as an agent for the purposes of any referral process that takes place on the Site or Service. Members, candidates and Hiring Managers are solely responsible for any issues arising from their use of the Talinity service. Any agreements created between Candidates, Members or Hiring Managers, or anyone else connected through the Talinity service, are not binding on us, and we are not liable for, or obligated to enforce, any such agreement. Talinity is not liable for any costs or damages arising out of any transaction which occurs as a result of your use of the Talinity service. No contractual obligations are created for either the Candidate, Member or the Hiring Manager through the use of the Talinity Service. A Hiring Manager is not obligated to engage with a Candidate, and a Candidate is not obligated to accept any offer of employment or engagement as an independent contractor. Talinity is not liable for any action, or lack of action, on the part of any Member, Candidate or Hiring Manager that uses the Talinity Service, including, but not limited to, any liability under any applicable laws concerning employment discrimination, labor issues, workplace safety, personally identifiable information including medical information, medical leave, or concerning the proper classification of independent contractors and employees.
If you are a Hiring Manager, you acknowledge and agree that we do not, and do not intend to, replace or substitute your human resources department in any way, and are not responsible to provide any service other than the Service (including, without limitation, providing any guarantee to the quality, personal integrity or suitability for an Open Position or any position of any Candidate). You agree to obtain appropriate professional advice and to conduct all inquiries as you deem required and at your own expense.
The Site and Services are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, we explicitly disclaim all warranties, express or implied, regarding the Site and Service, including any implied warranty of quality, availability, merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of any trade, including without limitation to the Site being free from defect or any virus, worm, trojan horse or any other malicious code. You hereby release us from any damages, claims or other cause of action related in any way, directly or indirectly, to the Site and service. We make no warranty that the Site and Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality of the Service and the Site, or to the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained thereby. The above shall also apply to any information you may receive from us or through us at any time.
You hereby acknowledge and agree that in provision of the Service and operation of the Site, we may rely from time to time on services provided by third parties, including, but not limited to, data network providers, hosting services providers, clearing services providers etc. Any transaction may be temporarily refused, limited, interrupted, or curtailed due to government regulations or orders, network modifications, repairs, and upgrades or banking, financial institution or other similar bodies. We are not, and shall not be, obliged to provide the services where such factors prevent it. You agree that we shall not be liable for any losses, damages, or business interruptions sustained as a result of interruptions caused by data network providers or any other third-party provider.
You agree and confirm that we do not, and do not intend to, make any inquiries of any person or entity or verify the information any person or entity submits or provides using the Site and Services. You agree to take precautions in all communications and interactions with any person or entity whether made on-line or off-line.
We make no representation or warranty regarding any of the results that you may obtain from use of the Site or Service. We may discontinue or make changes in the information, products or Service herein at any time without prior notice to you and without any liability to you.
Changes; Discontinuance. We reserve the right to change these Terms of Use at any time in our sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to the Site. Your continued use of the Service after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. We may alter, suspend or discontinue the Service at any time to you and/or to others, without notice.
Relationship Between Parties: These Terms of Use do not create any partnership, employment, agency or other relationship not herein specifically and explicitly agreed.
Severability: Should any part of these Terms of Use be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect.
No Waiver: Failure by us to enforce any provision of these Terms of Use will not be considered a waiver of the right to enforce such provision.
Survival: Our rights hereunder will survive any termination of these Terms of Use.
Entire Agreement: Unless a specific agreement is signed by you and us, these Terms of Use constitute the entire and only agreement between you and us, and supersede all prior or contemporaneous agreements, representations, warranties and understandings that relate to the subject matter hereof. In any case that you and we sign a specific agreement, its provisions shall supersede the provisions of these Terms of Us
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