You agree that any and all content you create through the Services:
You agree that any job posting you create with the Services:
Paid products or services such as recurring subscriptions, job posting advertisements, background checks, automated reference checks, I-9/E-Verify services, or other options may be available through the Services. By selecting a paid service, you agree to pay us any fees indicated. Payments will be charged as indicated and will cover the use of that paid service for the time period indicated. Paid products or services, including subscription fees, are not refundable.
We reserve the right, at any time, to change prices and billing methods for the Services, effective immediately upon notification within the Websites or by email delivery to you.
The Services are recurring subscription services and are charged or invoiced automatically at each renewal date unless you make modifications to your subscription that impact your billing cycle and/or the amount due in advance of that renewal date. When you cancel your subscription, we will not bill you again, but do not offer refunds or credits for partial or unused periods of service or for upgrades/downgrades.
For any upgrade in subscription plan level, at the point in time when you upgrade, the new plan level and fee are effective immediately and you will automatically and immediately be charged. Downgrading your subscription plan level will not result in any refund and may cause the immediate loss of access to content, features, or capacity of the previously active plan level.
We have not reviewed, and cannot review, all of the material, including computer software, posted to the Websites, and cannot therefore be responsible for that material’s content, use or effects. By operating the Websites, we do not represent or imply that we endorse the posted material, or that we believe such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Websites may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Websites may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from the use by visitors of the Websites, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which we link, and that link to the Websites or the Services. We do not have any control over those non-Talent Software websites and webpages, and we are not responsible for their contents or their use. By linking to a non-Talent Software website or webpage, we do not represent or imply that we endorse such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of non-Talent Software websites and webpages.
These Terms do not transfer from us to you any Talent Software or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Talent Software, the Talent Software logo, and all other trademarks, service marks, graphics and logos used in connection with Talent Software, or the Websites are trademarks or registered trademarks of Talent Software or our licensors. Other trademarks, service marks, graphics and logos used in connection with the Websites may be the trademarks of other third parties. Your use of the Websites grants you no right or license to reproduce or otherwise use any Talent Software or third-party trademarks.
We do not store any credit card information from you. Instead, we pass credit card information to our payment gateway through a payment management software provider and the payment gateway stores it in their system. We are not responsible or liable for any problems that arise as a result of credit card information being misused after we have passed it to our payment gateway for storage by them.
We will make every available effort to keep the Services operational 24 hours a day, 7 days a week. There will be periods of downtime for maintenance and upgrades, and sometimes, for reasons that we did not plan. We will attempt to provide at least 24 hours of notice for scheduled maintenance or downtime, but some downtime may be unscheduled and beyond our control. WE MAKE NO GUARANTEE AS TO UPTIME OR AVAILABILITY OF THE SERVICE.
You agree that we may send email messages to you from time to time regarding planned service downtime, new features, and other communications that we believe Users will want to know about. You may opt out of receiving these emails by using the opt-out link provided in the email or by contacting support@talent.software. Some email messages are related to your Account status and can only be opted-out of by canceling your Account.
We reserve the right, at our sole discretion, to modify or replace any part of these Terms at any time. We will provide a notification to Users upon making changes to these Terms in the future. You are advised to print and retain a copy of these Terms, and any future changes thereto, for future reference. Your continued use of or access to the Websites and Services following the posting of any changes to these Terms constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Websites (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms.
We may terminate your access to all or any part of the Websites or Services at any time, with or without notice, effective immediately. If you wish to terminate your Account (if you have one), you may cancel your Account or contact support@talent.software or your designated representative. We may cancel your Account if you materially breach these Terms. All provisions of these Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Websites and Services are provided “as is”. We, together with our suppliers and licensors, hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither we nor our suppliers and licensors, make any warranty that the Websites and Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Websites at your own discretion and risk.
These Terms constitute the entire Agreement (“Agreement”) between Talent Software and you (sometimes collectively referred to as the “parties”) concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Talent Software, or by the posting by Talent Software of a revised version. Except with respect to any dispute involving a party’s intellectual property rights, all disputes arising under this Agreement or relating to use of the Websites shall promptly be submitted to arbitration in Northampton County, Pennsylvania, before one arbitrator (who need not be AAA personnel) in accordance with the rules of the American Arbitration Association. The arbitrator may assess costs, including counsel fees, in such a manner as the arbitrator deems fair and equitable. The award of the arbitrator shall be final and binding upon all parties, and judgment upon the award may be entered in any court of competent jurisdiction, unless otherwise provided herein. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to the conflicts of laws doctrine of such state. Jurisdiction and venue over any intellectual property dispute arising under this Agreement shall lie with the Northampton County Court of Common Pleas or the United States District Court for the Eastern District of Pennsylvania. The parties waive any objections to such jurisdiction. Should either party attempt to resolve an intellectual property dispute by any method other than pursuant to this section, the responding party is entitled to recover from the initiating party all damages, expenses and attorneys’ fees incurred as a result of that breach. Any party to this Agreement who breaches the intellectual property provisions of this Agreement shall be liable for all expenses, including costs and attorneys’ fees, incurred by the Company to enforce this Agreement, regardless of the outcome of the matter. In addition, the prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect Talent Software’s original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Talent Software may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties and their respective and applicable successors, personal representatives, heirs and permitted assigns.