Terms of Service

1. Acceptance of Terms; Modification to Terms

Thank you for visiting https://www.gettalentmatch.com a website of Talent Match LLC (“Company”). Company provides a website and software related to providing a marketplace for connecting employers with candidates. Company provides its website, the software, and the associated services (collectively the “Site”) subject to the following terms of service (“Terms”).

The terms “Company”, “we”, “us” “our” and similar terms refer to Talent Match LLC. The terms “you,” “your,” “user” and similar terms refer to you as a user of the Site. Unless otherwise specified, the Terms apply to all users of the Site, whether just browsing the website or acting as a registered user.

By acknowledging these Terms and/or using the Site, you are indicating your agreement to be bound by these Terms, including our Privacy Policy, and all revisions thereof. If you do not agree to these Terms, do not accept them and discontinue using and accessing the Site. These Terms are applicable to your use of the Site regardless of how you accessed the Site.

PLEASE BE AWARE THAT SECTION 15 BELOW CONTAINS AN ARBITRATION AGREEMENT THAT APPLIES TO ALL USERS LOCATED IN THE UNITED STATES. PLEASE READ SECTION 15 CAREFULLY.

These Terms and our Privacy Policy are resources for you to get a better understanding of how our Site works and how we will interact with you. We may modify the Terms at any time. If the modifications to the Terms constitute a material change, in Company’s good faith, reasonable judgment, Company will notify you via email and/or by posting a notice on the homepage of the Site. You should review these Terms from time to time so that you understand the terms and conditions of your use of the Site. If you do not agree to any amendment of these Terms, you must immediately stop using the Site. Your continued use of the Site after any modification to these Terms constitutes acceptance of the amended Terms. If you ever have any questions about these Terms, please do not hesitate to contact us at legal@gettalentmatch.com.

You must be 18 years and older to register to use the Site. Company does not specifically collect information about children and the website is not directed to children. If we learn that Company has collected information from a child under the applicable age, we will delete that information as quickly as possible.

2. Member Account; Password

Certain aspects of the Site require you to register and create an account. If you register on the Site, you will receive an email confirming the creation of a Company account. Activating your account requires the creation of a password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Company cannot be liable for any loss or damage arising from your failure to comply with this Section.

You represent and warrant that all contact and personal information provided to Company during the registration process and otherwise shall be accurate and complete. If there are any changes to your contact information, you shall promptly update your registration information with Company.

3. User Conduct

In using this Site, you agree:

• Not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Not to upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
• Not to upload, download, post, email 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;
• Not to upload, download, post, email or otherwise transmit false or misleading information;
• Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;
• Not to access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution and termination of their account;
• Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites, including without limitation, through any trolling, belligerent or antagonistic behavior towards other users;
• Not to collect or store personal information about any other user of the Site;
• Not to use any content or other information provided on or through the Site, which does not belong to you, for any commercial purpose including by selling, offering for sale, distributing, reposting or licensing anyone else’s content or information that you may obtain through use of the Site;
• Not to use any page-scraper, spider, robot or other automatic device or methodology to access, acquire, copy or monitor any information or content provided on or through the Site;
• Not to copy, republish, mirror, transmit, perform, sell or distribute any part of the Site for any commercial or other purpose or other than as expressly permitted herein.

Company will have the right, in its exclusive discretion, to suspend or terminate your account if you violate these Terms.

a. Candidates

If you are using the Site as a candidate, you are permitted to use the Site and its content for your personal, non-commercial purpose of seeking employment or information related to your job search. You agree that your right to use the Site is automatically revoked upon your attempt to use the Site for any other purpose.

If you apply for a job, or otherwise interact with a potential employer through the Site, you agree and understand that only the employer, and not Company, makes any decision in connection with evaluating candidates, hiring and the terms of any engagement with a candidate. Employers are required to use their own independent judgment and decision-making with regard to any evaluation or hiring of a candidate.

You may use the Site only for informational and connection purposes and to help you be better prepared for any future employment relationship. You agree, as a condition of using the Site, that You are solely responsible for your account, your use of the Site and any content provided therein. Any decisions regarding your job search or interactions with a potential employer are solely your own and are based on your own independent judgment. Company is not responsible and disclaims all liability for any actions taken or not taken.

b. Employers

If you are using the Site as a potential employer, you agree that your right to use the Site is automatically revoked upon your attempt to use the Site for any other purposes other than to connect with potential candidates or otherwise obtain information about individuals looking for work.

You acknowledge that candidates are not the employees or agents of Company. Company provides this Site to enable you to assess, develop and validate the job readiness of any candidate who has independently registered on the Site. Any evaluation, hiring decisions, or ultimate employment relationship is solely between you and the candidate. As between you and Company, you shall be solely responsible for the interview, hiring and employment relationship with any candidate.

You agree not to use any information provided through the Site for automated hiring decisions in contravention of applicable law. You agree, as a condition of using the Site, that You are solely responsible for your account, your use of the Site and any content provided therein. Any decisions regarding your search for candidates or interactions with a candidate are solely your own and are based on your own independent judgment. Company is not responsible and disclaims all liability for any actions taken or not taken.

4. Privacy Policy

Your privacy is very important to us at Company. As discussed in greater detail in our Privacy Policy, we collect and store personal information when you register, move through and use the Site. Company does not share customer information (including email addresses) outside the Company unless it is necessary to provide you with products or services available from Company. This may include merchants, service providers that provide support services to Company or that help Company market its products and services, administer our programs, and assist with operations. We promise that we will never sell or rent your telephone or email information to third party marketers. By using the Site and accepting these Terms, you expressly consent to Company’s use of your personal information (including using email to communicate with you) as described in the Privacy Policy, which is incorporated herein by reference.

5. Data

We are committed to ensuring the security of personally identifiable information transmitted using the Sites. We will take reasonable precautions to protect this information from loss, misuse, unauthorized disclosure or alteration, including, putting in place reasonable and appropriate physical, electronic and administrative procedures to safeguard and secure such information. We use encryption when collecting or transferring sensitive data (e.g., card information).

To the extent applicable to your use of the Site, we rely on the PCI DSS compliance of our third-party payment processors and other vendors that handle, process, or store cardholder data on our behalf, and we implement and maintain commercially reasonable internal safeguards designed to protect cardholder data within our control. We are responsible for maintaining the security of cardholder data while the data is in our possession, if and to the extent the cardholder data was in compliance with PCI DSS when received by us.

6. Compensation

Unless there is a separate agreement with Company, if you are accessing the Site as an employer, You agree to pay Company a fee (the “Marketplace Transaction Fee”) for each candidate identified or accessed via the Site, at Company’s then-current rates (each a “Successful Marketplace Transaction”).

A “Successful Marketplace Transaction” occurs when all of the following conditions are met:

1. The candidate was identified or accessed via the Site;
2. You extended a written offer of employment to the candidate;
3. The candidate accepted the offer.

The Marketplace Transaction Fee becomes due upon the candidate’s acceptance of the offer. You will notify Company in writing within five (5) business days of any Successful Marketplace Transaction and shall provide reasonable documentation evidencing the offer terms and acceptance. If You fail to provide timely notice, Company may still assess a Marketplace Transaction Fee if it has evidence of a Successful Marketplace Transaction. Company will issue you an invoice, and payment is due within fifteen (15) days of receipt of the invoice. A Marketplace Transaction Fee will still be due to the Company if you terminate your account but there is a Successful Marketplace Transaction with a candidate that was identified or accessed through the Site prior to such termination.

If you are accessing the Site as a candidate, you are not required to pay for use of the Site.

7. Proprietary Rights

You acknowledge and agree that, any data, materials or content, including but not limited to designs, text, photos, images, videos, etc. or other material contained or distributed on or through the Site by Company, or its Representatives (“Site Content”) is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws, and as between you and Company, shall belong to Company. You may not use, reproduce or distribute any Site Content without the authorization of the owner of such Site Content, except for uses permitted by law.

You acknowledge and agree that the Site and any software used in connection with the Site (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All such Software and the Site shall remain the property of Company and you agree not to modify, rent, lease, loan, sell, distribute, reverse engineer or create derivative works based on the Site or the Software, in whole or in part.

8. Indemnity

You agree to defend, indemnify and hold Company and Company’s officers, directors, employees and agents (collectively “Representatives”) harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) the information you submit or transmit through the Site; (b) your use of the Site, (c) your violation of these Terms; (d) any hiring decisions or decisions not to hire; (e) your violation of applicable law; (f) your gross negligence or willful misconduct; or (g) your violation of any rights of a third party.

9. Termination

You agree that Company, in its sole discretion, may terminate your username, password, account (or any part thereof) or use of the Site, and remove and discard any content you may have contributed to the Site, at any time for your breach of these Terms, including without limitation, for nonpayment. Company may, also in its sole discretion and at any time modify the Site, or any portion thereof, or discontinue providing the Site, or any part thereof, with or without notice. Further, you agree that Company shall not be liable to you or any third-party for any termination of your access to the Site.

10. Links

The Site may provide, or third parties may provide, links to other websites or resources. Because Company has no control of such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such sites 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 sites or resources. You further acknowledge and agree that Company 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.

11. Deleting Accounts

If you wish to terminate your account, please contact us at legal@gettalentmatch.com and request to do so.

If you delete your account, Company reserves the right to keep any information in its archives that it reasonably determines is necessary to comply with its legal obligations.

12. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, SOFTWARE, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

COMPANY DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT, WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT AN EMPLOYMENT AGENCY, TEMPORARY STAFFING AGENCY OR SIMILAR PROVIDER AND YOUR USE OF THIS SITE DOES NOT CREATE ANY EMPLOYMENT, CONTRACTOR OR AGENCY RELATIONSHIP BETWEEN YOU AND COMPANY. COMPANY MERELY PROVIDES A MARKETPLACE FOR CONNECTING CANDIDATES AND EMPLOYERS AND FOR PROVIDING INFORMATION ABOUT AVAILABLE CANDIDATES. YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL EVALUATION, HIRING DECISIONS, AND THE TERMS OF ANY EMPLOYMENT RELATIONSHIP ARE SOLELY BETWEEN THE EMPLOYER AND THE CANDIDATE.

13. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL COMPANY OR ITS REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SITE. EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL COMPANY’S LIABILITY FOR ANY AND ALL CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING UNDER THESE TERMS OR YOUR USE OF THE SITE EXCEED ANY FEES PAYABLE BY YOU TO COMPANY HEREUNDER THE PRECEDING TWELVE (12) MONTHS UNDER THIS AGREEMENT. IN THE EVENT THAT YOU OBJECT TO ANY OF THESE TERMS OR ARE DISSATISFIED WITH YOUR USE OF THE SITE, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree that any claim or cause of action arising out of or related to your use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14. GENERAL

If any provision of these Terms is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of these Terms shall in no way be affected or impaired.

Company shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of Company, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.

These Terms will be governed by the laws of the State of North Carolina.

15. ARBITRATION

ANY DISPUTE ARISING AROUND THE SITE OR THESE TERMS WILL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND YOU HEREBY AGREE TO CONSENT TO SUCH ARBITRATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN MECKLENBURG COUNTY, NORTH CAROLINA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. EITHER PARTY MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION NECESSARY TO PROTECT THE RIGHTS OR THE PROPERTY OF YOU OR COMPANY (OR ITS REPRESENTATIVES), PENDING THE COMPLETION OF ARBITRATION.