By accessing or using the talentize.com website, including through a mobile application, mobile device, or computer, (the “Site”) you agree to be bound by these
Terms of Service and Use (the “Terms”). These Terms comprise a legally binding agreement (“Agreement”) between you, as the user(s) of the Site (referred to as
“you”, “your” or “User” hereinafter), and Talentize a Pennsylvania corporation (“Talentize”) and governs your (a) access, browsing of, subscription to, and use of
the Site; and (b) use of the services provided by Talentize on the Site now existing or later developed (collectively, the “Services”). You acknowledge that you
have read, have understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not
use the Site or any of the Services. Upon first use of the Site, other than your initial review of this page, you agree to comply with these Terms.
The Services constitute a technology platform that enables users of Talentize’s Site or Services with independent providers and third party companies and
organizations that are in no way affiliated with Talentize (“Third Party Providers”). YOU ACKNOWLEDGE THAT TALENTIZE DOES NOT HIRE AND/OR OFFER ANY WORK OR
COMPENSATION, NOR DOES TALENTIZE GUARANTEE EMPLOYMENT FOR OR ON BEHALF OF OUR USERS.
Talentize allows you to post and display any information, content, or material (“User Content”) on the Site and add such User Content to or through our Services.
You retain ownership of any intellectual property rights that you hold in that User Content. When post or display any information, content, or material (“User
Content”) on the Site or add User Content to or through our Services, you give Talentize and our partners an irrevocable, worldwide, royalty-free, unlimited,
perpetual, sub-licensable license to use that User Content. In these Terms, “use” means “use, host, store, reproduce, duplicate, adapt, translate, modify, create
derivative works, communicate, publish, publicly perform, and publicly display and distribute.”
We use complex algorithms to analyze your User Content and aggregate your User Content with others. The “new” content created from our analysis and our aggregation
is the intellectual property solely of Talentize.
From time to time, we may modify these Terms and post those modifications to the applicable Site. Your use of any Services after any such modification constitutes
your acceptance of the modified Terms.
The material provided through our Services is protected by law and international treaties. The Services are controlled and operated by Talentize from its offices
within the United States. Talentize makes no representation that materials in the Services are appropriate or available for use in other locations, and access to
them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and
are responsible for compliance with all applicable local laws.
Permitted Uses and Restrictions on Use.
Talentize is in no way responsible for the accuracy or the adequacy of Site or Service. You acknowledge that you are responsible for taking steps to protect
yourself from unauthorized use of online communications, such as, among other things, keeping your password confidential. You agree, acknowledge, and understand
that, in no event, shall you allow any unauthorized users to access the Site using your user identification name and password. Talentize is not responsible for
breaches of confidentiality caused by you or anyone accessing the Site using your user identification name and password, whether authorized by you or not.
Modifications to the Site or Service. Talentize reserves the right, at any time, and from time to time, to modify or to discontinue, temporarily or permanently, the
Site (or any part thereof) or any Service, with or without notice to you. You agree that Talentize shall not be liable to you or to any third party for any
modification, suspension, or discontinuance of the Site or any Service. Talentize may specify from time to time the version(s) of web browsers required in order to
use the Site or Services, and you acknowledge that Talentize is not obligated to support all web browsers and Talentize is not obligated to continue support of any
web browsers it offered support at an earlier time.
In order to use aspects of the Services, you must register for and maintain an active personal user account (“Account”). A registered User is also referred to as a
“Member” below. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account.
During registration, User must choose a user identification name (“User Name”) and password that will be unique to each User Account. Account registration requires
you to submit to Talentize certain personal information, including without limitation your name, address, mobile phone number and age. You agree to maintain
accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your
inability to access and use the Services or Talentize’s termination of the Member’s Account and Member’s use of any Service or the Site without being liable to the
Member. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your User Name and password at
all times. You agree not to share, assign, or permit the use of your Account, User Name, or password with any other person (other than persons inside your
organization, if an entity). Unless otherwise permitted by Talentize in writing, you may only possess one Account. If Talentize has reasons to suspect that you are
concurrently registered or are controlling two or more Accounts, Talentize may terminate your Account. Talentize reserves the right to reject any User’s application
for registration for any reason whatsoever.
If you become aware of any unauthorized use of your Account, User Name, or password, or any other breach of security of your Account, User Name, or password, you
agree to immediately notify Talentize in writing. You agree that all activities that occur under your Account will be deemed to have been authorized by you. You
acknowledge that any sharing of your Account with any other persons (other than persons inside your organization, if an entity) (collectively, “multiple use”), may
cause irreparable harm to Talentize or other Users of the Site. You agree to indemnify Talentize, our affiliates, directors, employees, agents and representatives
against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. You also agree that in case of
the multiple use of your Account or your failure to maintain the security of your account, Talentize will not be liable for any loss or damages arising from such a
breach and will have the right to suspend or terminate your Account without liability to you.
You represent, warrant, and agree that you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations
hereunder. You understand, acknowledge, and agree that you will be required to provide information or material about yourself as part of the registration process on
the Site or your use of any Service or Account. You further represent, warrant, and agree that (a) such information and material, whether submitted during the
registration process or thereafter throughout the continuation of the use of the Site or Service, is and will be true, accurate, current, and complete, and (b) you
will maintain and promptly amend all of your information and material to keep it true, accurate, current and complete. Upon becoming a Member, you consent to the
inclusion of the contact information about yourself in Talentize’s databases and authorize Talentize and its affiliates to share the contact information with other
You represent, warrant, and agree that (a) you will be solely responsible for obtaining all necessary third party licenses and permissions regarding any User
Content that you submit, post, or display; (b) any User Content that you submit, post, or display does not infringe or violate any of the copyright, patent,
trademark, trade name, trade secrets, or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) you have the right and authority to
sell, trade, or distribute or offer to sell, trade, or distribute the products (if any) or services described in the User Content and such sale, trade, or
distribution or offer does not violate any Third Party Rights; and (d) neither you nor, if applicable, any affiliates are the subject of any trade restrictions,
sanctions, or other legal restrictions enacted by any country, international organization, or jurisdiction.
You represent, warrant, and agree that the User Content that you submit, post or display will: (a) be true, accurate, complete, and lawful; (b) not be false,
misleading, or deceptive; (c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit,
or harmful to minors; (d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual
orientation, or age; (e) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair
competition, or false advertising) or promote any activities which may violate any applicable laws and regulations; (f) not contain any link directly or indirectly
to any other website which includes any content that may violate the Terms.
You represent, warrant, and agree that you will: (a) carry on your activities on the Site in compliance with any applicable laws and regulations, and in accordance
with the Terms; (b) conduct business transactions with other users of the Site in good faith; (c) not use the Services or Site to defraud any person or entity; (d)
not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity; (e) not engage in spamming or phishing; (f) not engage in
any other unlawful activities or encourage or abet any unlawful activities; (g) not involve attempts to copy, reproduce, exploit or expropriate Talentize’s various
proprietary directories, databases, and listings; (h) not involve any computer viruses or other destructive devices and codes that have the effect of damaging,
interfering with, intercepting or expropriating any software or hardware system, data or personal information; and (i) not involve any scheme to undermine the
integrity of the data, systems or networks used by Talentize and/or any user of the Site or gain unauthorized access to such data, systems or networks.
You agree to provide all necessary information, materials, and approval, and render all reasonable assistance and cooperation necessary for Talentize’s (a)
provision of the Services, (b) evaluation of whether you have breached the Terms and/or, (c) handling any complaint against you. If your failure to do so results in
delay in, or suspension or termination of, the provision of any Service, Talentize shall not be liable for any loss or damages arising from such delay, suspension,
or termination. You acknowledge and agree that Talentize reserves the right in our sole discretion to remove, modify, or reject any User Content that you submit to,
post, or display on the Site.
Breaches by Members.
If you breach any Terms, or if Talentize has reasonable grounds to believe that you are in breach of any Terms, Talentize will have the right to take such
disciplinary actions as it deems appropriate, in Talentize’s sole and absolute discretion, including without limitation: (a) suspending or terminating your Account
and any and all Accounts determined to be related to such Account; (b) restricting, downgrading, suspending, or terminating the subscription of, access to, or
current or future use of any Service; (c) removing any User Content that you have submitted, posted, or displayed, or imposing restrictions on the User Content that
you may post or display; (d) imposing other restrictions on your use of any features or functions of any Service as Talentize may consider appropriate; and (e) any
other corrective actions, discipline, or penalties as Talentize may deem necessary or appropriate.
Talentize reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any
suspected criminal or civil wrongdoing. Further, Talentize may disclose your identity and contact information, if requested by a government or law enforcement body,
an injured third party, or as a result of a subpoena or other legal action. Talentize shall not be liable for damages or results arising from such disclosure, and
Member agrees not to bring any action or claim against Talentize for such disclosure.
Each Member agrees to indemnify and defend Talentize, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all
damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User
Content, from your use of the Site or Services, or from your breach of the Terms. Each Member further agrees that Talentize is not responsible, and shall have no
liability to you or anyone else for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory,
offensive or illicit material and that the risk of damage from such material rests entirely with each Member.
Through the Site, Talentize provides electronic web-based platforms for exchanging information between Employers (“Employer”) and independent third party Employees
(“Employee”) and/or Contractors ("Contractor"). Talentize does not represent either the Employer or the Employee/Contractor in specific transactions for Services.
Talentize does not control and is not liable to or responsible for the quality, safety, lawfulness, or availability of (a) either party, (b) the ability of the
Employee/Contractor to complete work, or (c) the ability of Employer to complete a payment. Users are hereby made aware that there may be risks of dealing with
people acting under false pretenses. Talentize cannot and does not confirm each User’s purported identity. We encourage you to use various means, as well as common
sense, to evaluate with whom you are dealing.
Each user acknowledges and agrees that it is fully assuming the risks of conducting any transaction in connection with using the site or services. Such risks shall
Include, but are not limited to, mis-representation of talent/ability, fraudulent schemes, unsatisfactory quality, failure to meet specifications, unlawful
practices, Delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract, and accidents. All of the foregoing risks are
hereafter referred To as “transaction risks”. Each user agrees that Talentize shall not be liable or responsible for any damages, claims, liabilities, costs, harms,
inconveniences, Business disruptions or expenditures of any kind that may arise a result of or in connection with any transaction risks.
Users are solely responsible for all of the terms and conditions of the transactions conducted on, through, or as a result of use of the Site or Services,
including, without limitation, terms regarding payment, warranties, insurance, fees, taxes, loss or damage to property, and data integrity. User agrees to provide
all information and materials as may be reasonably required by Talentize or its partners in connection with your transactions conducted on, through, or as a result
of use of the Site or Services. Talentize has the right to suspend or terminate any User’s Account if the User fails to provide the required information and
materials. IN THE EVENT THAT ANY USER HAS A DISPUTE WITH ANY PARTY TO A TRANSACTION, SUCH USER AGREES TO RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS TALENTIZE
(AND OUR AGENTS, AFFILIATES, DIRECTORS, OFFICERS, AND EMPLOYEES) FOR, FROM, AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, PROCEEDINGS, COSTS, EXPENSES AND DAMAGES
(INCLUDING WITHOUT LIMITATION ANY ACTUAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH SUCH TRANSACTION.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you
access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use
the Services and related applications and any updates thereto. Talentize does not guarantee that the Services, or any portion thereof, will function on any
particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic
You acknowledge and agree that Talentize may suspend or terminate your Account and/or deny you access to or use of, all or part of the Site or Services, without
prior notice, if you engage in any conduct that Talentize believes, in its sole and absolute discretion: (a) violates any term or provision of these Terms; (b)
violates the rights of Talentize or our partners; or (c) is otherwise inappropriate for continued access and use of the Site or Service. In addition, Talentize
reserves the right to terminate inactive membership Accounts. You agree that upon termination, Talentize may delete all files and information related to your
Account and may bar your access to your account and the Site.
Further, you agree that Talentize shall not be liable to you or any third-party for (a) any removal, modification, rejection of any of your User Content or (b) any
termination of your access to the Site. You agree to defend, indemnify and hold Talentize harmless for, from, and against any and all claims, losses, liability
costs and expenses (including but not limited to attorneys’ fees) arising from your violation of these Terms, state or federal laws or regulations, or any third
party’s rights, including but not limited to infringement of any copyright, violation of any proprietary rights and invasion of any privacy rights. You acknowledge
that this obligation will survive the termination of Site.
The Site may provide links to other World Wide Web Site or resources, and allow Users to access to content, products or services offered by third parties through
hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ web sites. You acknowledge and agree that Talentize
is not responsible for the availability of such external Site or resources, and does not endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such Site or resources. You are cautioned to read such web sites’ terms and conditions and/or privacy policies
before using the Sites. You acknowledge that Talentize has no control over such third parties’ web sites, does not monitor such web sites. You further acknowledge
and agree that Talentize shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods or services available on or through any such site or resource.
Talentize Proprietary Rights.
You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You
further acknowledge and agree that content contained in sponsor advertisements or information that may have been presented to you through the Site or advertisers is
protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
No Resale, etc. of the Service.
You agree not to copy, sell, resell, rent or sublicense (including offering the Site or Services to third parties on an applications service provider or
time-sharing basis), lease, loan, redistribute, or create a derivative work of any portion of the Site or Service, use of the Site, or access to the Site. You agree
not to access the Site by any means other than through the interface that is provided by Talentize for use in accessing the Site.
Disclaimer of Warranties.
You expressly understand and agree that: (a) your use of the site is at your sole risk. The site and services are provided on an “as is” and “as available” basis.
Talentize and its suppliers, agents, representatives, directors, employees, and contractors expressly disclaim all warranties of any kind, whether express or
implied, Including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement (b) Talentize and its
suppliers, agents, Representatives, directors, employees, and contractors make no warranty that (I) the site will meet your requirements; (ii) the site will be
uninterrupted, timely, Secure, or error free; (iii) the results that may be obtained from the use of the site will be accurate or reliable; and (iv) the quality of
any services, products, Site, information, or other material purchased or obtained by you through the site will meet your expectations. In addition, Talentize makes
no representation or Warranty regarding the quality, suitability, safety, or suitability of third party providers. You agree that the entire risk arising out of
your use of the services and Any service required in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
Talentize and its suppliers, agents, representatives, directors, employees, and contractors make no representations or warranties of any kind whatsoever, express or
Implied, in connection with the terms or the site, including but not limited to warranties of merchantability, fitness for a particular purpose and
non-infringement, Unless such representations and warranties are not legally excludable. Talentize expressly disclaims any representations or warranties that your
use of the site will Satisfy any statutory or regulatory obligations, or will assist with, guarantee or otherwise ensure compliance with any applicable laws or
you are solely responsible for ensuring that your use of this site, related services or content is in accordance with applicable law. Talentize is not responsible
for Any information not provided in the site. Talentize does not guarantee, implicitly or explicitly, any results. Any material downloaded or otherwise obtained
through the Use of the site is done at your own discretion and risk and you will be solely responsible for any damage to your property that results from the
download of any such Material. No advice or information, whether oral or written, obtained by you from Talentize or through or from the site shall create any
warranty not expressly stated In the terms and use.
Representations and Warranties.
You represent that, to the best of your knowledge and belief, your use of the Site and Services does not directly or indirectly infringe the legal rights of a third
party, and you are authorized to use the Site. You further represent and warrant that all information provided by you in connection with your registration is
accurate and reliable.
Limitation of Liability.
You expressly understand and agree that Talentize and its suppliers, agents, representatives, directors, employees, and contractors shall not be liable for any
direct, Indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, loss of revenues, goodwill,
use, data or Other intangible losses (even if Talentize has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use
the site; (b) the Cost of procurement of substitute goods and service resulting from any goods, data, information or service purchased or obtained or transactions
entered into through or From the site; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the
site; or (e) any other matter Relating to the site. You also agree that Talentize will not be liable for any interruption of business, access delays or access
interruptions to this site or the web Site(s) you access through this site, data non-delivery, mis-delivery, corruption, destruction or other modification, and
events beyond Talentize reasonable control.
Talentize services may be used by you to find/hire/communicate/coordiante with third party providers, but you agree that Talentize has no responsibility or
liability to You related to any transaction, service offered and/or provided by third party providers other than as expressly set forth in these terms.
In no event shall Talentize maximum aggregate liability exceed twenty-five dollars ($25.00). Because some states do not allow the exclusion or limitation of
liability For consequential or incidental damages, in such states, our liability is limited to the extent permitted by law.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations of may not apply to you.
The Terms constitutes the entire agreement between you and Talentize and governs your use of the Site, superseding any prior agreements between you and Talentize
(including, but not limited to, any prior versions of the Terms) with respect to its subject matter. You acknowledge you may be subject to additional terms and
conditions that may apply when you use affiliate or other Talentize services, third-party content or third-party software. Except as otherwise provided herein, the
Terms shall be governed by the laws of the state of Pennsylvania without regard to its conflict of law provisions. Except as otherwise provided in the Terms, you
and Talentize agree to submit to the personal and exclusive jurisdiction of the courts located within Pennsylvania. The Terms does not limit any rights that
Talentize may have under trade secret, copyright, patent, trademark or other laws. The failure of Talentize to exercise or enforce any right or provision of the
Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the
Terms remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within
sixty (60) calendar days (or the minimum amount of time allowed by law if such time is greater than sixty (60) calendar days) after such claim or cause of action
arose or be forever barred. Any section titles that may appear in the Terms are for convenience only and have no legal or contractual effect. The Terms will inure
to the benefit of Talentize and its successors and assigns.
You agree to not use the Site to: (a) transmit any content or domain name that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or
entity, including, but not limited to, any Talentize representative, or misrepresent your affiliation with any person or entity; (d) forge headers or otherwise
manipulate identifiers in order to disguise the origin of any content transmitted through the Site; (e) upload or otherwise transmit any content that you do not
have a right to transmit under any law or under contractual relationships (such as inside information, proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements); (f) upload or otherwise transmit any content or domain name that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any person; (g) upload or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; (h) upload or otherwise transmit any material
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment; (i) interfere with or disrupt the Services or servers or networks connected to the Site; (j) incite or provide
instructional information about illegal activities; or (k) conduct any illegal activity.
Digital Millennium Copyright Act (“DMCA”) Notice.
In the event materials are made available to this website by third parties not within our control, we are under no obligation to, and do not, scan such content for
the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to
infringe another party’s copyright to remain on the Site. If you believe any materials on the website infringe a copyright, you should provide us with written
notice that at a minimum contains: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information
reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which
the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that
the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
© 2021 Talentize, LLC. All rights reserved.
Talentize is a trademark of Talentize, LLC.
No portion of this site may be copied, retransmitted, reposted, duplicated or otherwise used without the express written permission of Talentize.