Terms and Conditions

Terms and Conditions

Effective Date: November 1, 2006

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO BE CONTRACTUALLY BOUND BY THESE TERMS AND CONDITIONS.

This page states the “Terms of Use” under which You may use SalesTalentInc.com (“Service”) which is operated by SalesTalent, Inc. (“Company”). SalesTalentInc.com is an on-line service that allows candidates seeking employment (“Candidates”) to electronically submit their resume and other personal information to the Company. The Company reviews all candidate information submitted through the Service and attempts to place qualified candidates in job openings with the Company’s employer clients (“Employers”). Candidates agree that all information they submit through the Service is truthful and accurate.

These Terms of Use include the SalesTalentInc.com Privacy Policy, which is incorporated into these Terms of Use by reference. These Terms of Use are a legally binding contract between You and the Company. By using SalesTalentInc.com, You are indicating your acceptance to be bound by the provisions of these Terms of Use, including the SalesTalentInc.com Privacy Policy. SalesTalentInc.com may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use, because they are binding on You. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing this web site for any reason.

  1. Eligibility.

You must be 18 years of age or older to visit or use SalesTalentInc.com in any manner. By visiting SalesTalentInc.com and thereby accepting these Terms of Use, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use SalesTalentInc.com in a manner consistent with any and all applicable laws and regulations.

  1. Use of SalesTalentInc.com Content.

The Company authorizes You to view and access a single copy of the content available on or from SalesTalentInc.com solely for your personal use. The contents of SalesTalentInc.com, such as text, graphics, images, logos, button icons, software and other SalesTalentInc.com content (collectively, “SalesTalentInc.com Content”), are protected under both United States and foreign copyright, trademark and other laws. All SalesTalentInc.com Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the site are the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of SalesTalentInc.com Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in the original SalesTalentInc.com Content on any copy You make of the SalesTalentInc.com Content. You may not sell or modify the SalesTalentInc.com Content or reproduce, display, publicly perform, distribute, or otherwise use the SalesTalentInc.com Content in any way for any public or commercial purpose. The use of the SalesTalentInc.com Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that the Company creates to generate any SalesTalentInc.com Content or the pages making up the site which is also protected by the Company’s copyright.

  1. SalesTalentInc.com Site Restrictions.

Users are prohibited from violating or attempting to violate the security of SalesTalentInc.com, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to SalesTalentInc.com, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

  1. Specific Prohibited Uses.

SalesTalentInc.com may be used only for lawful purposes by individuals seeking employment and career information or by employers seeking Company services.

The Company specifically prohibits any other use of SalesTalentInc.com., and all Users agree not to do any of the following: (a) submit to SalesTalentInc.com any incomplete, false or inaccurate biographical information or information which is not your own; (b) take any action that imposes an unreasonable or disproportionately large load on SalesTalentInc.com infrastructure; (c) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search SalesTalentInc.com, other than generally available third party web browsers (e.g., Mozilla Firefox, Netscape Navigator, Microsoft Explorer); or, (d) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of SalesTalentInc.com.

  1. User Information.

When You submit personal information to the Company via SalesTalentInc.com, either by direct action (e.g. the submission of your resume or responses to our online questionnaire), or indirect action (e.g. the automatic transmission of your IP address and referring URL’s), You agree that the Company may use all such personal information as the Company, in its sole discretion, deems is necessary to operate as a job placement firm, including the disclosing of your personal information to third parties, including but not limited to, employers and outside recruiters.

You understand that your personal information will be shared with employers who contract with the Company. Therefore, you further understand that the possibility exists that should your current employer be a client of the Company, your current employer may discover that you have submitted your resume or other information to SalesTalentInc.com. You release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disclosures.

We appreciate hearing from our Users and welcome your comments regarding our services and the website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.

PLEASE SEE THE COMPANY’S PRIVACY POLICY FOR FURTHER DETAILS REGARDING THE USE OF YOUR PERSONAL INFORMATION BY SALESTALENTINC.COM.

  1. The Company’s Liability.

SalesTalentInc.com acts as a venue for users to submit resume-type information that will be forwarded to employers, recruiters, headhunters, or others involved in placing sales professionals in sales jobs. The Company has no control over the hiring decisions ultimately made by employers. The Company is not to be considered to be an employer with respect to your use of SalesTalentInc.com, and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity who contacts you based on your use of SalesTalentInc.com. In the event that You have a dispute with an employer or other third-party who contacts you with a job opportunity as a result of receiving information You submitted to the Company via SalesTalentInc.com, You release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

You understand that Employers and other third-parties will be given access to the personal information you submit to the Company, and you agree to indemnify and hold harmless SalesTalentInc.com for any and all uses of your information by such third-parties.

If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

SalesTalentInc.com may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any content on the site. The use of SalesTalentInc.com is at your own risk. Changes are periodically made to SalesTalentInc.com and may be made at any time.

SalesTalentInc.com cannot guarantee and does not promise any specific results from use of SalesTalentInc.com. SalesTalentInc.com cannot guarantee that the Company will even contact you after you submit your personal information through the Service. Furthermore, SalesTalentInc.com cannot guarantee the suitability of any job you may be placed in or attempted to be placed in as a result of your use of the Service. No advice or information, whether oral or written, obtained by a User from SalesTalentInc.com shall create any warranty not expressly stated herein.

  1. Disclaimer of Warranty.

THE COMPANY DOES NOT WARRANT THAT SALESTALENTINC.COM WILL OPERATE ERROR-FREE OR THAT SALESTALENTINC.COM AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF SALESTALENTINC.COM RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. SALESTALENTINC.COM’S CONTENT IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

  1. Disclaimer of Consequential Damages.

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON SALESTALENTINC.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE SALESTALENTINC.COM AND SALESTALENTINC.COM CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Limitation of Liability.

SALESTALENTINC.COM’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF SALESTALENTINC.COM OR IT’S CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

  1. Links to Other Sites.

SalesTalentInc.com may contain links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.

  1. No Resale or Unauthorized Commercial Use.

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of SalesTalentInc.com.

  1. Indemnity.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees and agents, from, and against, any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any material You provide to SalesTalentInc.com, (ii) your use of any SalesTalentInc.com Content, or (iii) your breach of the terms of these Terms of Use. The Company shall provide notice to You promptly of any such claim, suit, or proceeding.

  1. General.

These Terms of Use are governed by the laws of the State of Washington, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within King County, Washington.

If any provision of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in an additional agreement, these Terms of Use constitute the entire agreement between You and the Company with respect to the use of SalesTalentInc.com. No changes to these Terms of Use shall be made except by a revised posting on this page.

  1. Term and Termination

These Terms of Use will remain in full force and effect while You are a User of SalesTalentInc.com at any level. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies upon any breach by You of these Terms of Use. Even after You are no longer a User of SalesTalentInc.com, these Terms of Use will remain in effect. The use of SalesTalentInc.com is at the sole discretion of the Company and your use of the site may be terminated by the Company at any time and for any reason.

  1. Additional Information

If you require additional information about this agreement, please contact SalesTalentInc.com’s site administrator at info@SalesTalentInc.com.