Terms and Conditions
2. Use of the Site or Services
If you see a job opportunity or resume/CV that you wish to investigate further, you will make every effort to use the Site to facilitate the transaction, including but not limited to initiating contact via the Site. If you cannot use the Site or Services for any reason, you agree to notify and cooperate with us to complete the transaction. Failure to use the Site or Services to facilitate a transaction shall not affect your duty to pay any fees due to us in connection with that transaction
3. Limitations on Use
You may not do or attempt to do any of the following:
a. Post or otherwise provide incomplete, inaccurate, or out of date information or any materials that violate any law, infringe personal or proprietary rights, or otherwise cause embarrassment, harm or offense to us, our affiliates, or any third party, including but not limited to obscene, racist, sexist, abusive, offensive, harassing, libelous, tortuous, confidential, or infringing materials;
b. Reverse engineer, disassemble, decompile, or otherwise decipher any of the software (including HTML code) contained in the Site or used in connection with the Services, use or reproduce the Content or any underlying information or ideas contained therein without our prior written authorization, frame or link to any page of the Site or Content without our prior written authorization, test or violate the security systems of the Site, or take any action that might impair, damage, or forfeit any of our or our affiliates' intellectual property rights in the Content, Site, or Services;
c. Perform any act or omission which would damage the Site, impair its operation, overload its facilities, or impose a burden on the Site's infrastructure beyond that which would be imposed by normal use, including but not limited to introducing any viruses, worms, cancelbots, disabling agents, or Trojan horses into the Site, or using spiders, avatars, robots, or intelligent agents to search or navigate the Site;
d. Use any software, agent, tool, or other device to search or navigate the Site other than those provided on the Site or generally available third party web browsers (such as Netscape Navigator and Microsoft Explorer);
e. Allow any third party to gain access to any password of yours which permits access to nonpublic areas of the Site or Services;
f. Sell, license, assign or otherwise transfer any of your rights and obligations hereunder or under any other agreement with Talascend;
g. Use the Site or Services for any unauthorized or unlawful purpose or in any manner not consistent with the uses contemplated hereunder and the provisions hereof, including but not limited to (i) use for or in connection with any unlawful, improper, or harmful purpose or activity, (ii) posting any information or material concerning business opportunities (including but not limited to franchise or distributorship opportunities) or any other matters except the employment-related activities for which the site was designed, (iii) use to obtain unauthorized access to any other server, account, or network, or (iv) unauthorized commercial use.
h. Access another user's account or delete, augment, or amend the information contained therein or interfere with access to the Site or another user's account;
i. Impersonate or otherwise assume the identity or use the personal or contact information (including but not limited to email address) or user name and password of any person or entity, or forge any TCP/IP packet header or any part of the header information of any email or newsgroup posting;
j. Perform any act or omission in connection with or directly or indirectly resulting from your use of the Site or Services which could or does cause harm to the business or reputation of Talascend, our affiliates or other users of the Site or Services, or cause Talascend to incur liability to any of our affiliates or a third party;
k. Use the Site or information gained from Content to contact or send unsolicited communications (including via email) to a user or any other person or entity, including without limitation, junk mail, spam, or any offensive, sexually explicit, harassing, libelous, infringing, threatening, or otherwise objectionable email or other communications; or
l. Use any information regarding any individual or entity obtained from the Site or Services, for any purpose other than the employment-related transactions contemplated herein.
4. Your Information
You are solely responsible for the form and content of all information provided by you in connection with the Site or Services. You warrant that all such information will be accurate, timely, complete, and will not infringe on the personal or proprietary rights of others. You agree to promptly update and/or correct any information that is or becomes inaccurate, incomplete, or infringing.
We will not delete, monitor, or edit the contents of your postings or other communications on the Site except based on a good faith belief that such action is necessary or desirable to (i) comply with any applicable law or administrative or judicial order, (ii) protect the safety or rights of our users or others, (iii) carry out maintenance or improvement to the Site or Services, (iv) protect the financial well-being, reputation, or intellectual property of the Site, Services, Talascend or our affiliates, or (v) ensure that postings are acceptable to us (in form, content, and quality), as determined in our sole discretion, including but not limited to our determination that a posting is unlawful, inaccurate, incomplete, offensive, disruptive, inappropriate, or unacceptable for any reason. We will notify you of such removal and offer you the opportunity to amend the posting in a manner that we find acceptable (if that is possible). Until such amendment, the posting will not be reinstated. In no event will Talascend or our affiliates be liable for any damages of any kind or nature beyond a refund of any fee paid for the posting, in connection with its removal of a posting.
By submitting information, suggestions, or other content to any public or non-public area of the Site, you grant us and our affiliates a royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), nonexclusive license to use, reproduce, modify, publish, perform, display, distribute, and create derivative works and compilations from or including such information or content in any media or technology now known or hereafter discovered. Without limiting the foregoing, you license (i) any user to access, display, view, store and reproduce such content for personal use or internal business purposes, and (ii) Talascend to modify, adopt, and implement any suggestion or comment you may provide us regarding the Site or Services.
Additionally, if you post your resume/CV, you agree to: (i) have that resume/CV submitted, as is and with no modifications by Talascend, to potential employers or recruiters who have posted positions that might match your requirements. (ii) be contacted by us, potential employers or recruiters concerning your availability, qualifications, and other relevant issues, (iii) have any information provided in your CV or profile verified for accuracy, (iv) if lawfully requested to do so by the potential employer, undergo a criminal background check, and (v) provide and permit the verification and interview of employment references.
5. Secure Areas and Your Password
Only registered users with the appropriate authorization and passwords may enter restricted areas of the Site. You are responsible for any and all uses of your registration and account, whether or not you have authorized such use. You will notify us immediately of any breach of the confidentiality or unauthorized use of your registration, account, or password.
6. Other Users, Their Information and Conduct
Although we strive to ensure the accuracy of all information we provide, we cannot ensure the accuracy, completeness, or timeliness of the information posted by our other users, nor the accuracy of their stated identities. We act as a passive conduit for the publication and distribution of user-provided information and communications and have no obligation to screen or monitor such materials. Likewise, while we request that our users abide by all applicable laws and accepted social conventions in their dealings with each other, we cannot ensure that they comply with this request. Therefore, we do not warrant and must disclaim all responsibility and liability for any and all aspects of information provided, identity claimed, or conduct evinced by the users of the Site or Services. We expect you to exercise caution, prudence, and good judgment in your dealings with other users of the Site or Services. There are risks, including physical harm, associated with dealing with strangers. You assume all responsibility for your decisions in this regard and any consequences thereof.
7. Release of Liability for Third Party Actions
Talascend is a staffing agency that has created the Site to serve as a forum for candidates to post their resumes, employers to create
and post job openings, and recruiters to submit candidates for posted job openings. We do not review or verify the job openings,
candidate profiles, or CVs posted on the Site nor can we control the information provided or actions taken by our users, advertisers,
and linked sites. Therefore, we cannot assume responsibility or liability for the identity, information, or conduct of these parties,
nor for the quality, nature, compensation, safety, and legality of the services or employment (including working conditions) offered by
users or third parties via the Site or Services.
Accordingly, you release us and our affiliates (other than the offending third party) from any and all liability, claims, demands, damages, and costs of any kind or nature directly or indirectly arising from or related to any dispute or conflict with another user ("Released Claims"), regardless of whether such Released Claims are known or unknown or suspected or unsuspected, whether they are based on damages which are actual, consequential, punitive direct or indirect, and whether they are grounded in actions based in contract, tort, or any other legal theory or claim.
8. Use of Content
We (or our licensors) own all rights to the Content, which is protected by domestic and international intellectual property laws, including but not limited to copyright, patent, trademark, and trade secret laws. Your right to use the Content is strictly limited to use in connection with your authorized use of the Site or the Services as permitted hereunder. You may not sell, license, reproduce, reverse engineer, publicly display, distribute, or otherwise deal in and with the Content for any public or commercial purpose. All rights not expressly granted herein are reserved by Talascend and/or its licensors.
9. No Endorsement
The Site may contain links to third parties web sites. These links are provided only for your convenience. We do not endorse or warrant the accuracy, completeness or any other aspect of these third party web sites or the content or services provided thereon. You assume all risks of any decision to access any such web sites or to use or rely on any such content or services.
10. No Guarantee of Success
We do not warrant or guarantee that a resume or job posting will be viewed or responded to by any minimum number of users - or any users at all.
11. Compliance with Laws and Standards of Conduct
You agree to comply with all applicable laws and accepted social conventions and standards of conduct in your dealings with other users, whether directly or via the Site or Services.
We are entitled to temporarily suspend or permanently terminate your access to and use of the Site and Services (including removal of any
information or material you have posted on the Site) or any portion thereof. Although in most cases, we will attempt to contact you
prior to such termination, such notice is not required and any such termination shall take effect immediately and without notice.
Circumstances that may lead to such termination include but are not limited to:
b. Our inability to verify information you have provided despite providing you with 5 days email notice of such inability;
c. Your bankruptcy, liquidation, insolvency, receivership, administration, failure to pay debts when due or cessation of carrying on business in the ordinary course;
d. Our determination, in our sole discretion exercised in good faith, that such action is necessary or desirable to protect us, our affiliates, or any third party from any harm or legal liability;
e. Failure to access your account within a three-month time frame
f. Our reasonable suspicion of fraud, misuse of the Site or Services, or other misconduct;
g. Delinquency in paying fees owed for the Site or Services;
h. Any order or demand of a governmental authority; or
i. For our convenience.
14. No Warranties
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES DO NOT MAKE AND HEREBY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED. DISCLAIMED WARRANTIES INCLUDE BUT ARE NOT LIMITED TO: (A) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, (B) WARRANTIES REGARDING THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE CONTENT (INCLUDING BUT NOT LIMITED TO INFORMATION CONCERNING OR CONTAINED IN USER IDENTITY, POSTINGS, OR RESUMES/CVS, AND (C) WARRANTIES REGARDING THE OPERATION OF THE SITE OR SERVICES, INCLUDING ITS OPERATIONS, RELIABILITY, AND FREEDOM FROM ERRORS, VIRUSES, OR OTHER HARMFUL MECHANISMS.
Talascend does not represent or warrant that the Content, Site or Services may be lawfully viewed, downloaded or used outside of the United Kingdom. If you perform any of the foregoing actions outside that nation, you assume all risks and will be responsible for compliance with all applicable laws and regulations.
15. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR LOSS OF PROFITS, DATA OR EMPLOYMENT, DAMAGE TO COMPUTER HARDWARE OR SOFTWARE, OR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION (WHETHER TORT OR CONTRACT OR OTHERWISE) AND REGARDLESS OF WHETHER WE OR OUR AFFILIATES HAVE BEEN WARNED OF THE POSSIBILITY THEREOF.
Our maximum liability to you and your affiliates in connection with the Site and Services shall be $1,000.00.
These limits on liability are a material basis of our ability to offer you the ability to use the Site and Services at the current pricing schedule and a condition of your right to use the Site or Services.
16. Infringement Claims
If you believe any content (whether posted by us, our affiliates, or other users), infringes any copyright owned by you, you will notify us as soon as practical after you become aware of a possible infringement. In making any such claim, you will provide us with written notice that includes: (a) adequate and specific identification of the works claimed to be infringed and the location on the Site of the allegedly infringing materials; (b) a statement from the copyright owner, asserting such infringement, (c) your contact information, including your name, address, phone number, and email address, and (d) a notarized statement certifying the accuracy of the information you've provided and your status as the copyright owner or your authorization to act on the copyright owner's behalf.
17. Force Majeure
We and our affiliates shall not be liable for any outage, disruption or failure of the Site or Services, or any other loss, delay or failure to perform resulting from any force majeure event, including Acts of God, fire, natural disaster, sabotage, terrorism, civil unrest, labor shortage or stoppage, delays in supplies, failures or outages in telecommunications, utilities, or any other infrastructure components, war or military hostilities, inability of carriers to make scheduled deliveries, or any other act beyond our or our affiliates' reasonable control.
18. No Partnership, Employment or Fiduciary Relationship
Your registration or use of the Site or Service shall in no event give rise to a partnership, employment or fiduciary relationship between you and Talascend or our affiliates. We shall not be responsible for the acts or omissions of any user or any of our affiliates, including any employment-related decisions, whether or not foreseeable.
All remedies available to Talascend hereunder shall be cumulative and in addition to any other remedies available hereunder or otherwise at law or equity. Nothing contained herein shall be deemed to prohibit or restrict Talascend from seeking equitable or interlocutory relief.
20. Governing Law and Venue