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.
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.
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).
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:
An Account User ID
Your Profile, including some personal 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.
SERVICES AND RULES OF CONDUCT:
RIGHTS AND LIMITS:
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 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.