Terms of Service

Effective date: April 5, 2021

Introduction

The TalentFill website (“Website” or “Site”) is owned and operated by TalentFill, LLC. (“TalentFill”, “we”, “us” or “our”). Your access to and use of the Site and the information and materials (“Service”) available through the Site is subject to all applicable laws and regulations and to this Agreement (“Agreement”), including any future modifications. The Terms of Use, together with our Privacy Policy, explain the terms and conditions by which you may use and/or access the Service in connection with www.talentfill.com (“Site”).

By accessing or using the Site, you acknowledge that you have read and understand this Agreement and that you agree to be bound by its terms and conditions. If you do not agree with this Agreement or to abide by all applicable laws, you must discontinue use of the Site immediately. As long as you comply with this Agreement, TalentFill grants you a personal, non-exclusive, non-transferable, limited license to enter and use the Site.

We reserve the right to amend this Agreement (including the Privacy Policy and Terms of Use) at any time by notifying you as provided in this Agreement. Your continued use of the Site after any such change constitutes your acceptance of the revised Terms of Use or Privacy Policy. If you do not agree to any of these terms or any future Agreements, do not use or continue to access the Site.

This Agreement contains an arbitration provision which will, with limited exception, require you to submit disputes you have against TalentFill to binding and final arbitration. You will only be permitted to pursue claims against TalentFill on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

Content

The content on the Site pertains to staffing and recruiting matters, is prepared for educational and informational purposes only, and does not provide legal, recruiting or staffing advice, employment advice or opinions on any specific matters. Content includes all text, data, logos, graphics, images, photographs, visual interfaces, user interfaces, videos, and other materials provided, including but not limited to the design, structure, selection, coordination, and arrangement of such content contained on the Site. The content, marks and all other proprietary material accessible through this Site is protected by a variety of U.S. and international laws and regulations.

Although we make reasonable efforts to provide you with accurate content, we make no guarantees, representations or warranties, whether expressed or implied, with respect to the professional qualifications, expertise, quality of work, price or cost information, insurance coverage or benefit information or any other content available on the Site. In no event shall we be liable to you or anyone else for any decision or action taken by you in reliance on any such content.

The Site may contain links to content, applications, or websites that are controlled and/or maintained by third parties (“External Site(s)”), including websites owned or operated by local, state or federal government organizations.  TalentFill makes no representations whatsoever about any other site that you may access through this Site. Links to External Sites are provided solely as a convenience to authorized users of this Site. Since TalentFill has no control over External Sites and resources, you acknowledge and agree that TalentFill is not responsible for the availability of such External Sites or resources and is not responsible or liable for any content, advertising, products, services or other material on or available from such External Sites or resources.

Privacy Policy

Protecting your privacy is important to us and we take great care to protect all personal data that is entrusted to us by clients, co-employees, job applicants, and business contacts such as prospects, consumers, website users or vendors. Personal information may include but is not limited to Social Security Numbers (SSNs), dates of birth, addresses, phone numbers, e-mail addresses, work history and protected health information (PHI). In accordance with The Privacy Act of 1974, The Electronic Communications Privacy Act of 1986, The Health Insurance Portability and Accountability Act of 1996 (HIPAA) or other federal or state statutes or regulations, all of your personal data will be safeguarded to ensure your privacy and confidentiality of data. You agree to read and periodically review our Privacy Policy posted on this Site.

Proprietary Rights

TalentFill, its licensors, or other third parties own all copyrights to the content on this Site and all other intellectual property rights related to this Site and are protected by U.S. and international copyright, patent, trademark, and other applicable laws. Unless otherwise stated, intellectual property rights include, without limitation, trademarks, service marks, copyrights, images, text, graphics, illustrations, logos, designs, icons, videos, written material and user content. Unless expressly authorized by TalentFill (through this Agreement or otherwise) or otherwise permitted by law, no part of the Site nor content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise without TalentFill’s express prior written consent.

You agree that any feedback, comments, or suggestions you may provide regarding TalentFill or the services provided by the company are entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

User Representation

By using this Site, you represent and warrant that: (i) you have the legal capacity and you agree to comply with the Terms of Use; (ii) you are not a minor in the jurisdiction in which you reside; (iii) you will not access the site through automated or non-human means, whether through a bot, script or otherwise; (iv) you will not use the site for any illegal or unauthorized purpose; and (v) your use of the Site will not violate any applicable law or regulation.

You may be required to create an account and specify a password in order to use certain recruiting and staffing services managed by TalentFill. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. Don’t try to and do not impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes. You agree to update such information to keep it true and accurate. TalentFill is not responsible or liable for any inaccurate information you provide. 

If you provide any information that is untrue, inaccurate or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current and future use of the Site or Service.  

Indemnity

You agree to defend, indemnify and hold harmless TalentFill and its subsidiaries, agents, licensors, managers, distributors, and other affiliated companies, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your user content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your account or log-in information.

No Warranty

TALENTFILL DOES NOT GUARANTEE ANY RESULTS FROM USING THIS SITE. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN OPTION AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANY INFORMATION, DOCUMENTS, OR MATERIAL THAT MAY BE POSTED ON, OR AVAILABLE THROUGH, THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO REPLACE OR BE A SUBSTITUTE FOR ANY PROFESSIONAL FINANCIAL, BUSINESS, EMPLOYMENT, LEGAL, TAX, INSURANCE, COMPLIANCE, MEDICAL OR OTHER ADVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TALENTFILL OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, TALENTFILL, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.

TALENTFILL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, INFORMATION OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE TALENTFILL SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND TALENTFILL WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

TALENTFILL DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, THE PRIVACY ACT OF 1974, THE ELECTRONIC COMMUNICATIONS PRIVACY ACT OF 1986, THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW. TALENTFILL SPECIFICALLY DISCLAIMS THAT TALENTFILL IS ANY MANNER ACTING AS, OR AGREES TO WARRANT ANY COMPLIANCE WITH THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (“ERISA”) OR OTHERWISE THAT TALENTFILL IS A FIDUCIARY, TRUSTEE, ‘ADMINISTRATOR’ OR ‘NAMED FIDUCIARY’ UNDER ANY CLIENT OR CLIENT ADMINISTERED, AUTHORIZED USER EMPLOYEE BENEFIT PLAN.

Governing Law and Jurisdiction

The Service is controlled and operated by TalentFill from within the United States of America. TalentFill makes no representations that the Service or the materials available via the Service, are appropriate or available for use in other locations outside of the United States. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with all United States of America laws as well as local laws, if and to the extent local laws are applicable.

You agree that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over TalentFill, either specific or general, in jurisdictions other than Idaho. This Agreement and any disputes shall be governed by the internal substantive laws of the State of Idaho, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. An arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. All arbitration and other litigation in a court of competent jurisdiction of any dispute between you and TalentFill related to this Agreement shall be located in ADA County, Idaho.

You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.