Terms of Service

TalentDesk is a service of TalentDesk, Inc. (“TalentDesk”). TalentDesk provides this Service to you subject to the terms of this End User Agreement ("User Agreement"), which may be updated by us from time to time without notice to you. You can review the most current version of the User Agreement at any time at http://talentdesk.com/terms.

By accessing or using the TalentDesk.com website, you confirm that you have read, understood, and agree to be bound by all of the terms and conditions of this User Agreement and the Privacy Policy. Unless otherwise stated in this User Agreement, nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this User Agreement or the Privacy Policy, you will not be authorized to access the Service.

Overview of the Service
TalentDesk offers an online service through the TalentDesk.com website that allows you to post jobs, track job applications, view resume, view jobs, and apply to jobs, collectively the “Service”.

Service Eligibility
The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by TalentDesk for any reason. If you do not qualify, you may not use the Service.

User Obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, and current information about yourself as prompted by the TalentDesk.com registration form ("Registration Data"). If you provide any information that is untrue, inaccurate, or not current, TalentDesk has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Use of Service
Your use of the Service is governed by this User Agreement. TalentDesk may refuse service without prior notice to any user for any or no reason. If you use the Service on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this User Agreement, and that you agree to this User Agreement on the entity's behalf. If you use this website as a recruiting tool (including to post jobs), you are a "Recruiter." If you use this website to apply for jobs, you are a "Job Applicant".

Access of the Services
You understand and agree that the Service is provided "AS-IS" and that TalentDesk assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or user settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the TalentDesk.com website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function of this website. 
Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to creating multiple accounts for the same user, unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

Changes to the Service
TalentDesk reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TalentDesk shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Prohibited Conduct
You understand and agree not to use the Service to:
Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
Use the Service for any illegal purpose, including but not limited to conspiring to violate laws.
Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
Upload, post, email, transmit or otherwise make available 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.
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
Charge candidate any fees in connection with jobs you post through the Service
Harvest user information for non-recruiting purposes or to SPAM users
Sell candidate information to anyone
Post jobs that require the applicant to make an upfront investment
Solicit any kind of services or products to candidates you found through the TalentDesk.com website
Post jobs which do not exist, or for positions that you have not explicitly been approved to recruit for

DMCA Notice / Copyright Infringement Policy 
TalentDesk responds to notices of alleged infringement that comply with the Digital Millennium Copyright Act. See below for further DMCA information.

To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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 the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit the service provider 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.
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.

Such written notice should be sent to contact[a]talentdesk.com with “TalentDesk DMCA Complaint” in the Subject line. Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Recruiter Subscriptions 
The TalentDesk.com website requires users to purchase one of several available subscriptions packages to fully use the Service. These subscriptions are defined on the page where you sign up for such services. Subscriptions will automatically renew. If you do not wish to be charged for renewal, you must cancel your subscription before your renewal date. Failure to do so will result in your subscription being renewed at our current price at the term you previously selected. If you would like to cancel your subscription, you must do so from the My Account/Manage Subscription section of the TalentDesk.com website or email us at contact[a]talentdesk.com. Please note that no refunds will be granted for current subscription periods. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You specifically agree that you will pay any applicable taxes relating to such purchases, transactions or other monetary transaction interactions.

Satisfaction Guarantee Refund Policy
You understand and agree that notwithstanding the refund policy defined in the Recruiter Subscriptions section of this agreement above, TalentDesk may consider a discretionary refund if you contact us and report a valid problem or statement of dissatisfaction with the Service. The amount of such a refund will be limited to the monthly payment you made for the prior subscription term. If you have an annual or 6-month subscription plan, the refund will be no more than the pro-rated equivalent of a 30-day period. 

Job Distribution 
TalentDesk attempts to distribute your jobs to a number of sites including certain job boards, search engines, job aggregators, and social networking sites (the "Sites"). The names or logos of such Sites may be identified in various places on the TalentDesk website. You understand and agree that TalentDesk does not guarantee that your jobs will be distributed to or shown on any of these Sites. TalentDesk merely makes a commercially reasonable effort to make your job available to such Sites based factors such as automated job quality filters and discretionary manual reviews. At any time, TalentDesk may exclude any or all of your jobs from being distributed to any or all Sites based on TalentDesk's sole discretion. You further understand and agree that the list of such Sites can change at any time and may not be updated by us at the time you view the TalentDesk website. Thus, TalentDesk does not represent or guarantee that your jobs could be distributed to any Site shown on the TalentDesk website.
 
Termination
You agree that TalentDesk may, with or without cause, immediately terminate your TalentDesk.com account and access to the Service without prior notice. Without limiting the foregoing, the following may lead to termination of your use of the Service: (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you to delete your account, (d) unexpected technical issues or problems, and (e) extended periods of inactivity, (f) bankruptcy of TalentDesk or any other event that cause us to discontinue the TalentDesk service. Termination of your TalentDesk.com account includes removal of access to all offerings within the Service and may also bar you from further use of the Service. Furthermore, you agree that all terminations shall be made in TalentDesk's sole discretion and that TalentDesk shall not be liable to you nor any third-party for any termination of your account or access to the Service. You also understand that any account balances or remaining subscription term will be canceled without refund to you if your account is terminated. 

Information From Website and License Grants
In the course of using the Service, you may provide information which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting content on the TalentDesk.com website, you are granting to TalentDesk a worldwide, royalty-free, perpetual, and irrevocable license to use this information in the course of offering the Service. 

For the avoidance of doubt, this license includes (but is not limited to) the following common content types:
- For Recruiters: Job descriptions and other content you may upload as part of posting jobs
- For Job Applicants: Any information submitted to the Service in connection with job applications, including resumes and other content submitted on job application forms.
- For Job Seeker Accounts: Any information submitted to the Service in connection with the creation of the job seeker account, including your resume, profile, and job alert data.  You specifically agree that TalentDesk may sub-license your information to our partners. As such, you understand that your name, resume and profile may be shown on partner websites of TalentDesk.

You understand and agree that by posting jobs on the TalentDesk.com website, you are granting to TalentDesk a royalty-free license to use your organization’s name and logo for marketing purposes. If you do not want TalentDesk to use such information and logo for marketing purposes, please email us at contact[a]talentdesk.com with "remove logo" in the subject line.

Furthermore, you understand that TalentDesk retains the right to reformat, excerpt, or translate any content and materials submitted by you to the Service. 

You understand that TalentDesk cannot guarantee the identity of any user with whom you may interact in the course of using the Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe. You understand that all information publicly posted or privately transmitted through the Service is the sole responsibility of the user from which such content originated and that TalentDesk will not be liable for any errors or omissions in any content. You specifically understand that any jobs posted to the Service have not been reviewed and/or verified for accuracy, authenticity or compliance with laws.
 
Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that TalentDesk may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of TalentDesk, its users, and the public. You also explicitly understand that any resume related information uploaded to the Service and certain account information (including your Name and Email address) will be accessible to recruiters who have access to TalentDesk.com or other employment related websites operated by TalentDesk.

In the course of providing you services, TalentDesk may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the Service. You also agree to receive a reasonable number of promotional emails from us in connection with the Service.

Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TalentDesk without restriction.

TalentDesk Proprietary Rights
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TalentDesk, you agree not to modify, rent, lease, loan, sell, distribute, reverse engineer, or create derivative works based on the Service, in whole or in part.

TalentDesk grants you a non-transferable and non-exclusive right and license to use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. You agree not to modify the Service in any manner or form, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the TalentDesk.com website for use in accessing the Service.

TalentDesk, the TalentDesk logo, and other TalentDesk logos and names are trademarks of TalentDesk. You agree not to display or use these trademarks in any manner without TalentDesk's prior written permission.

Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless TalentDesk, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Service; ii) your connection to the Service; iii) your violation of this User Agreement; iv) unauthorized access to or alteration of your communications with or through the Service; v) your violation of any rights of another party while using the Service; or vi) any other matter relating to the Service.

Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT TALENTDESK DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. TALENTDESK ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. TALENTDESK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TALENTDESK MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, JOB APPLICANTS, INFORMATION, OR OTHER ITEMS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TALENTDESK OR THROUGH OR FROM THE TALENTDESK.COM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

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 MAY NOT APPLY TO YOU.

Amendment
TalentDesk may modify this User Agreement at any time, and such modifications shall be effective immediately upon posting them on the Terms of Service page of this site. Your continued access or use of the Service shall be deemed to be your conclusive acceptance of the modified User Agreement.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TALENTDESK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TALENTDESK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL TALENTDESK’ TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.

General
The User Agreement constitutes the entire agreement between you and TalentDesk and governs your use of the Service, superseding any prior agreements between you and TalentDesk. The section titles of this User Agreement are displayed for convenience only and have no legal effect. This User Agreement and the relationship between you and TalentDesk shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California. The failure of TalentDesk to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision. If any provision of this User Agreement 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 rule that the other provisions of this User Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any legal action or proceeding is brought for the enforcement of this User Agreement or arises from the alleged breach, dispute, default or misrepresentation in connection with any of the provisions of this User Agreement, the prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred as a result of such legal action or proceeding.

For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Please send any questions or comments, or report violations of the User Agreement to:

TalentDesk, Inc. 
21254 Colina Drive Topanga, CA 90290
404-617-4058