Terms of Use

LAST REVISED: July 2022

 

ATTENTION: These Terms of Use (“Terms of Use”) govern your access to and use of this website, ALL MAPPED PAGES FROM this website, data, email and telephone correspondence, buttons, widgets, and ads, including all content and underlying technology (this “Web Site”), which is made available by TalentLaunch and its affiliates. 

THIS STATEMENT FORMS A BINDING CONTRACT BETWEEN YOU AND TalentLaunch AND ITS AFFILIATES (collectively, “TalentLaunch” or “We”). YOUR ACCESS TO OR USE OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. THE WEB SITE IS OFFERED TO YOU EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS, AND NOTICES SET FORTH IN THESE TERMS OF USE AND IN OUR PRIVACY POLICY. IF YOU DO NOT ACCEPT THESE TERMS OF USE OR OUR PRIVACY POLICY, DO NOT ACCESS OR USE THIS WEB SITE. 

If you are accessing or using this Web Site as a representative of an organization, these Terms of Use bind both you individually and the organization, and references to “you” and “your” shall be construed to apply to both you individually and the organization.

 

Modifications: TalentLaunch reserves the right to modify these Terms of Use without notice and any modifications are effective when they are posted here. By accessing or using the Web Site after changes are posted, you agree to be bound by those changes. Material changes will be prominently posted on the Web Site or otherwise communicated to you. 

 

Termination: TalentLaunch may, at any time, in its sole discretion limit, suspend, or terminate your access to or use of this Web Site. Access to and use of the Web Site may be monitored by TalentLaunch. 

 

Privacy Policy: We may collect certain information about you and from your use of the Web Site as described in our Privacy Policy, which is incorporated into and made a part of these Terms of Use. Your use of the Web Site constitutes your consent to the information collection, use, and sharing described in our Privacy Policy. 

 

Intellectual Property: The Web Site, including its text, links, graphics, photos, audio, videos, charts, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content (collectively, “Content”) are exclusively the property of TalentLaunch, or, as applicable, its suppliers and licensors, and are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of the Content or any other intellectual property rights belonging to TalentLaunch or any third party is prohibited and may be prosecuted to the fullest extent of the law. No licenses or other rights, express or implied, are granted by TalentLaunch to you under any patent, copyright, trademark, trade secret, or other intellectual property of TalentLaunch, and all such rights are reserved and retained by TalentLaunch. Copying, transmission, reproduction, replication, posting, or redistribution of (a) Content or any portion thereof and/or (b) the Web Site more generally is strictly prohibited without the prior written permission of TalentLaunch. To request permission, please direct your request as set forth below. 

Copyright © 2022 TalentLaunch. All rights reserved. 

While TalentLaunch maintains intellectual property protection in the Content and this Web Site, TalentLaunch hereby grants a limited, revocable license to you to normal downloading, copying, and distribution of the information solely for non-commercial, personal purposes by you, or, if applicable, internally within your organization only. In consideration of this consent, you agree that copies of the Content will retain all copyright and other proprietary notices and that you will not modify the Content in any way.  

 

Third-Party Content: The Web Site may contain, reference, and make available third-party content that is the property of their respective owners. TalentLaunch grants no licenses or rights as to such third-party content. 

Certain information available on this Web Site is provided by other parties, particularly information about such other parties. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, are the sole responsibility of the originating third party and that TalentLaunch has no responsibility for such content and does not guarantee the accuracy, integrity, or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party, or a Web link to another party’s Web Site an endorsement of such other party, their products, or their services.

 

Candidates Are Independent: You understand and agree that TalentLaunch is the Web Site connecting you with employment candidates and others that provide employment opportunities through the Web Site (“Candidates”). You acknowledge and agree that TalentLaunch has no responsibility or liability for the acts or omissions of any Candidates. Candidates are the employees and employers. The services offered by TalentLaunch pursuant to these Terms of Use do not include any actual employment. TalentLaunch provides the Web Site facilitating the transmission of such employment opportunities by and for Candidates. TalentLaunch will not guarantee or be liable for the suitability, legality, or ability of any Candidate. You agree that TalentLaunch is not responsible for the Candidate’s suitability, safety, preparedness, qualifications, or accuracy, and does not verify any of the foregoing as to the Candidate. TalentLaunch has no responsibility or liability for acts or omissions by any Candidate. You agree that employment, if any, will be the result of a Candidate that you have selected.  

 

Service Descriptions: TalentLaunch strives to provide accurate information on services provided on the Web Site. However, TalentLaunch does not represent or warrant that service descriptions, technical specifications, or other information are accurate, complete, reliable, or error-free. You hereby waive any claim against and release TalentLaunch from any liability arising from or relating to the description of the services on the Web Site.   

 

Restrictions on Use: As a condition of your use of this Web Site, you will not, nor will you permit any other person to: 

  • Use the Web Site or Content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this Agreement, and according to related guidelines as made available by TalentLaunch; 
  • Copy, download, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, distribute, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the source code of, combine with other computer code or materials, translate, adapt, update, or modify the Web Site or any of its Content;
  • Obscure, remove, alter, or modify any copyright, trademark, or other proprietary markings, designations, or notices in or on the Web Site;
  • Access or use the Web Site for unlawful purposes;
  • Access or use the Web Site using means not authorized by TalentLaunch;
  • Provide inaccurate, incomplete, or out-of-date information via the Web Site;
  • Create a false identity, hide your true identity, or impersonate or attempt to impersonate any person, business, or Web Site user other than yourself;
  • Commit fraud or falsify information in connection with your use of the Web Site;
  • Scrape, or otherwise engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Web Site for purposes of creating or compiling that content for any purpose;
  • Violate any restrictions in any exclusion headers on the Web Site or bypass or circumvent other measures employed to prevent or limit access to the Web Site;
  • Access or use the Web Site to develop, create, produce, enhance, or add to any database;
  • “Frame,” “mirror,” access, use, or copy any portion of the Web Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms;
  • Circumvent, disable, or otherwise interfere with security-related features of the Web Site or features that prevent or restrict use or copying of any Content;
  • Use the Web Site, including any of their content, in any way that infringes on or violates the rights of any other person or entity;
  • Submit or provide through use of the Web Site any information or content that is defamatory, libelous, indecent, pornographic, obscene, otherwise objectionable or harmful, or that violates the rights of third parties;
  • Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Web Site or any computers, hardware, software, system, data, or networks;
  • Engage in activities that aim to render the Web Site or associated services inoperable or to make their use more difficult;
  • Access, use, or analyze the Web Site for any purpose that is to TalentLaunch’s detriment or commercial disadvantage; nor
  • Act maliciously against the business interests or reputation of TalentLaunch or any Web Site user.

Confidentiality: Certain restricted product information is available on this Web Site only to licensed customers of TalentLaunch, that are registered to receive such information via passwords issued by TalentLaunch. This restricted information is confidential and proprietary information of TalentLaunch. To the extent you obtain or otherwise have access to such confidential and proprietary information, you shall not disclose or use any such confidential information for any purpose except as expressly permitted in this Section. If you are a registered customer or an authorized-in-writing representative of a registered customer, TalentLaunch hereby grants a limited, revocable license to you to download, copy, distribute, and use the restricted information for non-commercial purposes, personal purposes by you, or, if applicable, internally within your organization only, and only for the intended purposes authorized in writing by TalentLaunch. You shall maintain the confidentiality and proprietary nature of such information as necessary to maintain such nature, including only disseminating such information to those that need-to-know such information and are bound in writing by confidentiality and non-disclosure obligations. Issuance of a registration password is expressly conditioned on the your use of the information in accordance with the terms of these Terms of Use and any and all agreements between you and TalentLaunch. You shall not transfer, share, or provide your password or access to your password to unauthorized parties. You will immediately notify TalentLaunch of any unauthorized use of your password. You are responsible for use of your password. You will not attempt to gain unauthorized access to any Content or area within this Web Site.

 

Linking: You may link only to the TalentLaunch home page (https://mytalentlaunch.com/), provided that TalentLaunch reserves the right to withdraw this consent at any time in its discretion. You shall not link to any other page on the TalentLaunch Web Site without the prior express written consent of TalentLaunch. You may not use any of TalentLaunch’s Content in your links. You shall not link in any manner that may: 1) imply any affiliation with, or endorsement, or sponsorship by TalentLaunch; 2) cause confusion, mistake, or deception; 3) dilute TalentLaunch, or its trademarks, service marks, or trade names; or 4) otherwise violate applicable law.

 

Disclaimer of TalentLaunch’s Representations and Warranties: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEB SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND AND TalentLaunch EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEB SITE (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE.

TALENTLAUNCH DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE WEB SITE, NOR DOES TALENTLAUNCH WARRANT OR GUARANTEE THAT ANY DATA, INFORMATION, OR MATERIAL ON THE WEB SITE (INCLUDING ANY “TIPS”) IS ACCURATE, RELIABLE, OR COMPLETE. TALENTLAUNCH DOES NOT WARRANT OR GUARANTEE THAT AVAILABILITY OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE WEB SITE WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVERS THAT MAKE THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. TALENTLAUNCH IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON OR RELATED TO THE WEB SITE. TALENTLAUNCH HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION. WE MAKE NO REPRESENTATION THAT THE WEB SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES OR CANADA. IF YOU CHOOSE TO ACCESS OR USE THE WEB SITE FROM LOCATIONS OTHER THAN THE UNITED STATES OR CANADA, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM TALENTLAUNCH OR IN ANY MANNER FROM THE WEB SITE CREATES ANY WARRANTY. TALENTLAUNCH MAKES NO REPRESENTATIONS, WARRANTIES, OR COMMITMENTS RELATED TO CANDIDATES, PRODUCTS, OR SERVICES. WE ACCEPT NO LIABILITY FOR ENSURING THAT SAID SERVICES ARE APPROPRIATE FOR YOUR OBJECTIVES. YOU ALONE ASSUME RESPONSIBILITY FOR THIS. YOU AGREE THAT YOU WILL MAKE USE OF THE WEB SITE AND SERVICES AT YOUR OWN RISK. YOU UNDERSTAND AND ACCEPT THAT TALENTLAUNCH IS NOT RESPONSIBLE OR LIABLE FOR ANY MISUSE OR UNAUTHORIZED USE OF THE WEB SITE OR SERVICES, OR FOR ANY CONSEQUENCES ARISING OUT OF SUCH MISUSE OR UNAUTHORIZED USE. 

TALENTLAUNCH MAKES NO REPRESENTATIONS OR PROMISES TO DEVELOP, PROVIDE, OR MARKET ANY SOFTWARE, SERVICE, OR PRODUCT DISCUSSED ON THIS WEB SITE, AND YOU SHALL NOT RELY ON THE INFORMATION PROVIDED OR THE PROSPECT OF AVAILABILITY OF ANY SOFTWARE, SERVICE, OR PRODUCT CURRENTLY IN DEVELOPMENT OR CURRENTLY ANTICIPATED TO BE MADE AVAILABLE IN THE FUTURE. ANY SOFTWARE THAT IS AVAILABLE FOR DOWNLOAD FROM THIS WEB SITE IS THE COPYRIGHTED PROPERTY OF TALENTLAUNCH AND/OR ITS SUPPLIERS. ANY ACCESS OR USE OF ANY SUCH SOFTWARE, ARE GOVERNED BY THESE TERMS OF USE, THE TERMS OF ANY AGREEMENT BETWEEN YOU AND TALENTLAUNCH, AND ANY ADDITIONAL TERMS APPLICABLE TO THAT SOFTWARE. ANY USE OF ANY OTHER PRODUCT OR SERVICE PURCHASED BY YOU USING, OR IN CONNECTION WITH, THIS WEB SITE, IF ANY, IS GOVERNED BY THESE TERMS OF USE, THE TERMS OF ANY AGREEMENT BETWEEN YOU AND TALENTLAUNCH, AND ANY ADDITIONAL TERMS APPLICABLE TO THAT PRODUCT OR SERVICE.

 

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TALENTLAUNCH, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, LICENSORS, SUCCESSORS, OR ASSIGNS (TOGETHER, THE “TALENTLAUNCH PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE WEB SITE, CONTENT, OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEB SITE OR CONTENT, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A TALENTLAUNCH PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. WITHOUT LIMITING THE FOREGOING, THE TALENTLAUNCH PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND FOR ANY: LOSS OF PROFITS, USE DATA, REVENUES, BUSINESS OPPORTUNITIES, OR GOODWILL; INACCURATE INFORMATION ABOUT A CANDIDATE, PRODUCTS,  OR SERVICES; OR SERVICE OR ACTION OF A CANDIDATE.  YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE WEB SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE TalentLaunch PARTIES’ LIABILITY TO YOU EXCEED U.S.D. $10, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  

Indemnification: You will indemnify, defend, and hold harmless the TalentLaunch Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including reasonable attorneys’ fees) that arise out of or in connection with: (a) your access to or use of the Web Site; (b) your misuse of or reliance on any Content, material, data, or information viewed, accessed, obtained from, or used on the Web Site; (c) your submission of information through or using the Web Site; (d) your violation of or noncompliance with applicable laws or regulations; (e) your breach of these Terms of Use or any related agreement with TalentLaunch; or (f) your negligence, willful misconduct, or fraud. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

 

Your Warranties: As a condition of your access and use of the Web Site, you represent and warrant that:

  • You have the legal authority to: enter into these Terms of Use; use to the Web Site, as applicable; and bind any entity that you represent;
  • You are under no contractual obligation that will interfere with your ability to perform under these Terms of Use;
  • You will not access or use the Web Site in any manner not permitted by these Terms of Use;
  • You will perform your obligations and exercise your rights under these Terms of Use in compliance with all applicable laws and regulations (including any applicable rules regarding online conduct);
  • All information you provide in connection with your access to or use of the Web Site is true, accurate, current, and complete;
  • You will safeguard your account information and password, and will supervise and be completely responsible for any use of your account by anyone other than you; and 
  • You are 13 years of age or older (in some jurisdictions, local laws may have an older age requirement) in order to register for an account, use the products, software, or services, and use the Web Site.

 

Country-Specific Content: Content may refer to products, programs or services that are not available in your country. Consult your TalentLaunch representative for information about the products, programs, and services that may be available to you.

 

Governing Law; Dispute Resolution: These Terms of Use are governed by the laws of the State of OHIO, without regard to its conflict of law principles, and, as applicable, the federal laws of the United States. Venue is exclusively in the state or federal courts, as applicable, located in CUYAHOGA COUNTY, with respect to any dispute arising under these Terms of Use unless otherwise determined by TalentLaunch in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. If there is a dispute, the prevailing party will be entitled to recovery of its costs and expenses, including reasonable attorneys’ fees. You will not bring any action or other claim with respect to the Web Site or these Terms of Use more than one (1) year after the claim arises.

 

Relationship of the Parties: TalentLaunch is an independent contractor. These Terms of Use do not create any agency, partnership, joint venture relationship, other form of joint enterprise, employment, or fiduciary relationship between the parties, their affiliates, or their respective employees, contractors, or agents. Neither party has any authority to contract for or bind the other party in any manner or make any representation or commitment on behalf of the other party.

 

Assignment: We may assign our rights and delegate our duties under these Terms of Use at any time to any party without notice to you. You will not assign these Terms of Use without our prior written consent. Any attempted assignment by you without our prior written consent will be void. Subject to the foregoing, these Terms of Use are binding upon and inure to the benefit of the parties’ respective successors and assigns.

 

Entire Agreement; Interpretation: These Terms of Use, including our Privacy Policy, are the entire agreement between you and TalentLaunch with respect to your access to and use of the Web Site. TalentLaunch’s failure to enforce any provision of these Terms of Use will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by TalentLaunch. Your access to or use of certain features or components of the Web Site may be subject to additional terms, conditions, rules, or policies. All such additional terms are incorporated by reference into these Terms of Use. If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, that provision will be ineffective in that jurisdiction to the extent of the invalidity or unenforceability, without invalidating any other provision of these Terms of Use. The headings in these Terms of Use are for convenience only and will not affect the construction or interpretation of these Terms of Use. These Terms of Use do not confer any rights, remedies, or benefits upon any person other than you and TalentLaunch. Any provisions of these Terms of Use that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Web Site.

 

Electronic Communications: These Terms of Use and any other documentation, agreements, notices, or communications between you and TalentLaunch may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of these Terms of Use and all notices, consents, and other communications for your reference.

 

Contact Us: If you have any questions and concerns regarding these Terms of Use or the Web Site, please contact us at:

marketing@mytalentlaunch.com

216-654-0066

6161 Oaktree Blvd., Suite 300
Independence, Ohio 44131

CONTACT TALENTLAUNCH via WEBSITE