TalentShare Terms of Service
Welcome to TalentShare (“BetterCompany Inc. dba talentshare”, “We”, “Our”, or “Us”). When you (“You” individually or the entity that You represent) use our website, applications, platforms, or services (collectively, the “Service”), you are agreeing to these Terms of Service (the “Terms”).
You represent that you are legal age to form such Agreement, and have the authority to bind Yourself or the company You represent.
1. Service Description
TalentShare is a network where talent professionals introduce candidates they interview, but don’t hire, with other companies in the network through TalentShare. In return, these companies have access to quality peer-vetted candidates that can be matched with similar opportunities and introduced to recruiters with similar roles to fill. The Service also provides Candidates the ability to track the status of a job application as part of the Service.
When You opt into our Service, we include You in our pool of candidates (“Candidates”) to be evaluated for potential job offers or contracting opportunities (“Offerings”) from our clients who are seeking to fill those Offerings (“Clients”). We facilitate this process by allowing You to reuse the information You submitted for an opening You were declined for, to match You to other opportunities by sending said Offerings to You to review and submit Your Application for said Offerings at Your discretion.
The use of the Service is currently free for users who desire to be included in the pool of potential candidates for Offerings (“Candidates”). TalentShare reserves the right at any time to charge fees and make billing requirements upon notice to You.
By opting in or registering with the Service, You agree to (1) provide true, accurate, current, and complete information about yourself (“Applicant Data”), and (2) maintain and promptly update the Applicant Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your account whether performed by You or a third party. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that You will not have or create more than one account on the Service.
Using the Service does not create any contractual obligations between You and any potential Client. You can opt out of the Service at any time by emailing us at firstname.lastname@example.org. Offerings and Candidates must both be located in the U.S.
2. Your Responsibilities
You are responsible for Your use of the Service and for any use of the Service made using Your account. You agree to use the Service in compliance with all applicable laws and only for Your personal use.
You agree that you will not (1) copy, distribute, or disclose any part of the Service, including by way of automated or non-automated means, unless expressly authorized in writing by TalentShare, (2) interfere with or compromise our systems’ integrity or decipher any server transmissions (3) collect or retain any personally identifiable information contained in the Service (4) access the Service by any means other than authorized herein, (5) impersonate any person or entity, or (6) provide untruthful, false, fraudulent, manipulative, or inflammatory content.
We may suspend the Service or Your account or any other provision of services to you, and we may terminate this Agreement, at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you may do so by notifying TalentShare at any time at email@example.com. Termination of the Agreement may result in the immediate deletion of any or all of the Applicant Data but we are also not required to delete or remove such data. TalentShare will not have any liability whatsoever to you for any suspension or termination. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
4. Applicant Tracking Service
TalentShare may request Your permission to access certain third party services, such as an applicant tracking service (“ATS”) that is already maintaining Your Applicant Data and related information because You previously applied for an opening with a Client in the TalentShare network. Accessing Your information from the ATS instead of You submitting Your information to TalentShare is a part of the convenience of using our Service, but TalentShare does not control, and is not responsible for, the Client ATS. Any dispute with the ATS must be handled directly with them.
5. Third Party Services
TalentShare may provide to You certain third party services or third party service providers (collectively, “Third Party Services”) in connection with the Service. Such Third Party Services are provided “AS IS” without indemnification, support, or warranty of any kind, and this Agreement does not apply to Your use of any Third Party Services. We reserve the right to suspend Third Party Services at any time. You should review any applicable terms and/or privacy policies of a Third Party Service before using it or sharing any information with it, because you may give the operator permission to use your information outside of what You have agreed to herein. TalentShare is not responsible for, nor endorses any features, content, advertising, products or other materials on or available from such Third Party Services.
6. No Agency or Relationship
TalentShare does not act as an agent for any purpose related to the Service. Any agreements created between a Client and You/Candidate are not binding on TalentShare, and TalentShare is not to be construed as a party to any such agreements, whether or not TalentShare receives compensation in connection with the agreement. No contractual obligations are created for either You/Candidate or the Client through the use of the Service.
You expressly agree that no joint venture, partnership, employment, or agency agreement exists between You and TalentShare as a result of this Agreement or any use of the Service.
This Agreement does not create a partnership or agency relationship between You and any Client. You acknowledge that TalentShare does not, in any way, supervise, direct, or control the manner, means, or conditions of any work or services performed for an Offering.
7. Limitations On Liability
TalentShare is not liable for (1) contracts, contractual obligations, or other obligations that may arise from an employment, contractor, or other relationship between You and any Client; (2) any content, materials, suggestions, or other materials (“Content”) submitted to the Service; (3) any damages that result through the use of our Service; or (4) the ATS or any Third Party Services.
We are not required to or under any obligation to review, screen, edit, monitor or remove any Content provided to the Service, although we reserve the right to do so, and to take any other action, in our discretion, with or without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this Agreement or any applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL TALENTSHARE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR CLIENTS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (3) ANY OTHER MATTER RELATED TO THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL TALENTSHARE BE LIABLE TO A YOU, (REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) FOR MORE THAN $100, AS A RESULT OF THE YOUR USE OF THE SERVICE.
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
Our licensors and service providers will have no liability of any kind under this Agreement. You may not bring any claim under this Agreement more than eighteen (18) months after the cause of action arises.
8. Intellectual Property Rights
All right, title and interest to the Service (which includes any TalentShare content or materials made available via the Service, the Service’s look and feel, the designs, service marks, trademarks and trade names displayed on the Service) are the property of TalentShare, BetterCompany Inc., its affiliates, licensors or users, and are protected by copyrights, patents, trademarks or other proprietary rights and laws. You may not use, copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense or otherwise transfer any right, of any part of the Service without the prior written consent of the respective owner.
TalentShare reserves all rights in and to the Service. You will not override or circumvent any security components or violate any usage rules relating to the protection of materials or technology on the Service.
With respect to any Content You provide or make available to us, You agree that TalentShare may use, distribute, syndicate, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with providing You, and generally improving, the Service.
9. Disclaimer Of Warranties
THE SERVICE IS PROVIDED TO YOU AS IS. TALENTSHARE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE TALENTSHARE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND CLIENTS IN CONNECTION WITH THE SERVICE.
You agree to defend and indemnify the TalentShare Parties from and against any third party claim, including reasonable attorney’s fees, court costs, settlements, and disbursements, from or relation to (a) Your Applicant Data and Content (b) Your use of the Service (c) Your violation of any term of this Agreement (d) Your violation of any third party rights, including privacy rights, or (e) Your violation of any applicable law. You may not settle or compromise any Infringement Claim without our prior written consent.
11.1. Governing Law; Venue
This Agreement is governed by and interpreted in accordance with the laws of the state of California, and the parties irrevocably submit to the exclusive jurisdiction of the state and federals courts of San Francisco, California.
11.2. Force Majeure
You agree that we are not responsible to You for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
If any provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. Headings in this Agreement are for reference purposes only and will not be used in its interpretation. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. This Agreement comprises the entire agreement between the parties, and supersedes all prior agreements, statements, and representations by either party in relation to its subject matter
You may not sell, transfer, assign, or delegate your rights and/or obligations under this Agreement to any other party without our prior written consent. We may transfer, assign, or delegate our rights and/or obligations under this Agreement to any other party at our discretion. Any purported transfer or assignment not in compliance will be void. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and assigns.
TalentShare may provide written notice to You via the Service, email, or other reasonable means. You are solely responsible for providing TalentShare with your most current e-mail address at all times. In the event that the last email address you provided to TalentShare is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, TalentShare’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to TalentShare at the following address: BetterCompany Inc., 621 Sansome St, San Francisco, CA 94111 , ATTN: Legal/CEO. Such notice shall be deemed given when received by TalentShare by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
11.6. Electronic Communications
You (1) consent to receive communications from TalentShare in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that TalentShare provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY TALENTSHARE IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a copy of the modified Agreement available on or via the Service. Any changes to the Agreement will be effective immediately after posting notice of such changes on or via the Service for existing users, provided that any material changes shall be effective for registered users on the Service upon the earlier of 30 days after posting notice of such changes on or via the Service, or 30 days after dispatch of an email notice of such changes. If You do not agree to any of the change(s) after receiving a notice of such change(s), You must stop using the Service. Otherwise, your continued use of the Service constitutes your acceptance of such change(s).