TeneoTalent

Terms Of Use

GENERAL PROVISIONS

TeneoTalent, Inc., a Colorado corporation (“TeneoTalent, Inc.” or “We” or “Us”), owns and operates TeneoTalent.com (the “Site”) as a commercial service to jobseekers, employers, recruitment agencies and independent recruiters, and to career coaches and staffing agents who are under contract to TeneoTalent, Inc. as independent contractors (collectively, “You”, the registered Users of the Site). The terms and conditions that follow constitute a binding Agreement between You and Us, which You agree to by your explicit acceptance upon completion of your registration to the Site. If You breach any provision of this Agreement, We may suspend or terminate your registration upon notification to You.

We hereby grant You a limited, royalty free, terminable, non-exclusive license to use the Site only for your personal use (if You are a jobseeker) or internal business use (if You are an employer or a coach or staffing agent or recruiter under contract) for purposes of finding a job or identifying suitable candidates or providing coaching or staffing services. You agree that You are solely responsible for the content of any information, data, document or message that You post to the Site (your “Content”), and you agree to indemnify and hold Us harmless against any and all claims, actions, liabilities and expenses resulting from your posting of your Content . You and we are independent contractors, and nothing in this Agreement may be construed to create a partnership, agency or employment relationship between us.

You hereby grant TeneoTalent, Inc. a limited, royalty free, terminable, non-exclusive license to reproduce, distribute, perform, display, use and publish your Content on the Site and to use your name and logo in connection therewith.

We are a professional services firm, but we do not guarantee any specific outcome or results for jobseekers, employers or recruiting agencies or recruiters. We are not responsible for any employment decisions any of these may make.

Some features of the Site are available to all visitors, but most of our distinctive functions can only be accessed after You have created an account with Us by registration. You agree that the registration information You provide to the Site is complete and accurate and that You will not allow third parties to use your unique user login information, which You provide to Us at registration, to gain unauthorized access to the Site. You will notify Us if You become aware of any unauthorized use of your user login information.

We may change the terms of this Agreement periodically without notice to You other than to post the modifications on the Site, and these modifications will be effective immediately upon posting. Your use of the Site following any such modifications will constitute your Agreement to such modified terms. We may alter the Site or terminate this Agreement for any reason at any time without notice. Our communications to users employ electronic means, including posts to the Site and email. You agree to receive communications from Us in such electronic form and agree that they will have the same legal effect as if they were in writing.

We reserve the right to change our programs without notice, as well as any service or product We offer.

The Site may contain commercial advertisements, and links to third party websites where You may obtain information or purchase goods or services. We expressly disclaim any responsibility or liability with regard to such transactions or to your experience on such third party sites, and We are not a party to any transaction You may enter into with such a third party advertiser or provider.

TeneoTalent, Inc. will use reasonable efforts to protect the security and confidence of information You provide to Us in accordance with our Privacy Policy. However, You must understand that internet sites like ours are inherently public in nature and We cannot completely eliminate security risks or guarantee that there will be no unauthorized access to your information.

Registration on the Site will allow You to gain access to copyrighted materials of TeneoTalent, Inc. and others, including coaching products that you may purchase. You agree to use such copyrighted materials only for your own personal use and not to reproduce or distribute them to others.

Registration on the Site will also allow You to post your Content to the Site and, if You are a jobseeker, staffing agent or coach, may give You access to message boards, blogs or other forums, where You may exchange messages and information with other registered users, subject to certain rules of conduct. Specifically, You agree that any Content You post, including during participation in our coaching programs, may not contain:

Any copyrighted material or material that infringes on intellectual property rights of others, or violates the privacy rights of others; nor may You transfer or distribute any such materials to third parties;
Language that, in our sole discretion, is obscene, libelous, defamatory, abusive, hateful, threatening, discriminatory or embarrassing or offensive to another person or entity;
Any solicitation for business, or URLs or links to other Web sites for the purpose of advertising or promoting your company or business;
Any attempt to recruit employees.

We reserve the right at our sole discretion to delete from the Site any Content of yours or other users that we may find is in violation of our policies, and to terminate the license granted above. You use the Site at your own risk. Although we monitor Content, You understand that You may be exposed to Content of other users that is in violation of our policies, and that we are not responsible for your exposure to the Content of other users, which represents only the thoughts of the author.

If You are an employer or a recruitment agency or an independent recruiter, You agree not to sell, transfer or assign to a third party any data You may obtain from conducting a search of our jobseeker database, including any resumes or photos, or lists of jobseekers.

WARRANTY DISCLAIMERS

THE SITE AND ITS SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, AND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, ALL OF WHICH TENEOTALENT, INC. HEREBY EXPRESSLY DISCLAIMS. TENEOTALENT, INC. MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE, OR THAT IT WILL OPERATE ERROR-FREE, OR THAT IT AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES. TENEOTALENT, INC. IS NOT RESPONSIBLE FOR YOUR COSTS OF SERVICING OR REPLACING EQUIPMENT OR DATA IF YOUR USE OF THE SITE RESULTS IN SUCH A NEED.

NO ADVICE OR INFORMATION YOU OBTAIN THROUGH THE SITE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE UNLESS SPECIFICALLY STATED IN THIS AGREEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PROTECTION OF DATA YOU ENTER TO THE SITE, AND WE DO NOT GUARANTEE THAT YOUR DATA WILL BE AVAILABLE TO YOU. YOU SHOULD BACK UP YOUR DATA.

LIMITATIONS OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, YOUR CONTENT, AND YOUR CONDUCT ON THE SITE.

TENEOTALENT, INC. (AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR COACHES) WILL NOT BE LIABLE FOR ANY INDIRECT DAMAGES WHATSOEVER, INCLUDING INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION, RESULTING FROM YOUR USE OF THE SITE, OR YOUR INABILITY TO ACCESS THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT TENEOTALENT, INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TENEOTALENT, INC. WILL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY JOBSEEKER, EMPLOYER, RECRUITMENT AGENCY, STAFFING AGENT OR COACH.

IN THE EVENT THE PROVISIONS OF THE PREVIOUS PARAGRAPH ARE HELD TO BE UNENFORCEABLE IN ANY JURISDICTION, THE MAXIMUM LIABILITY OF TENEOTALENT, INC. FOR ANY INDIRECT DAMAGES SHALL BE LIMITED TO AN AGGREGATE OF $200.

WE ARE NOT LIABLE FOR ANY DAMAGES ARISING FROM TRANSACTIONS BETWEEN YOU AND ANY THIRD PARTY MERCHANT OR ADVERTISER LINKED FROM THE SITE.

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE IS TO DISCONTINUE USING THE SITE AND SERVICES. IF A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF TENEOTALENT, INC. WILL NOT EXCEED $100 OR THE SUM OF ALL AMOUNTS PAID BY YOU UNDER THIS AGREEMENT DURING THE PRIOR TWELVE MONTHS, WHICHEVER IS GREATER.

INTELLECTUAL PROPERTY RIGHTS

YOU AGREE THAT WE AND OUR LICENSORS RETAIN OWNERSHIP OF ALL INTELLECTUAL PROPERTY RIGHTS OF ANY KIND RELATED TO THE SITE, INCLUDING APPLICABLE PATENTS, COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY INTELLECTUAL PROPERTY. THIS AGREEMENT DOES NOT CONSTITUTE A LICENSE TO YOU OF SUCH INTELLECTUAL PROPERTY. “TENEOTALENT” IS OUR TRADEMARK.

YOU RETAIN THE INTELLECTUAL PROPERTY RIGHTS IN ANY COPYRIGHTED MATERIALS CONTAINED IN YOUR CONTENT, AND YOU GRANT US A NON-EXCLUSIVE, ROYALTY FREE WORLDWIDE LICENSE UNDER ALL OF YOUR INTELLECTUAL PROPERTY RIGHTS CONTAINED IN YOUR CONTENT.

MISCELLANEOUS PROVISIONS

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TENEOTALENT, INC. (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND COACHES) FROM AND AGAINST ANY THIRD PARTY CLAIMS, ACTIONS OR DEMANDS (INCLUDING COSTS, DAMAGES AND REASONABLE LEGAL AND ACCOUNTING FEES) ARISING FROM YOUR USE OF THE SITE, ANY CONTENT YOU POST TO THE SITE, OR YOUR BREACH OF THIS AGREEMENT.

You may not assign this Agreement to any third party without our prior, written consent.

You hereby release Us from any claims or liability related to your Content posted on the Site and from claims related to the conduct of any jobseeker, employer, recruitment agency, recruiter or coach.

If any part of this Agreement is held to be invalid or unenforceable, the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be construed to be a waiver of the right to enforce such provision or of any other provision. Our rights under this Agreement shall survive any termination of the Agreement.

Any dispute or controversy between You and Us that cannot be resolved by mutual agreement, shall be settled by binding arbitration. Any such proceeding shall take place in Denver, Colorado and be administered by and under the Commercial Rules of the American Arbitration Association. Notwithstanding any rules to the contrary, the parties agree that any arbitration conducted hereunder shall be held before a single arbitrator.

This Agreement constitutes the entire and only Agreement between You and Us and supersedes all prior agreements that relate to the subject matter of this Agreement.

PROVISIONS REGARDING COACHING

We encourage jobseekers to take advantage of the career coaching opportunities that are provided on the Site. The coaches presented in our coaching directory are independent contractors who have been engaged by TeneoTalent, Inc. to provide this service. All of our coaches have committed to adhere to the Code of Ethics as published on the International Coaches Federation ICF website. They are not employees of TeneoTalent, Inc. and, except as stated herein, we disclaim any liability or responsibility for the relationship between You and your coach. Coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, nor should it be used in place of professional advice from qualified lawyers, doctors, financial advisors, etc.

We refer You to our “Privacy Statement” for a description of our policies regarding the privacy of your information that You submit to the Site and the measures we have put in place to safeguard your data.

We reserve the right to deny use of the Site to anyone for any reason, including the receipt of a report of your abusive behavior towards your coach. If we deny use of the Site to You, we will notify You of any such termination, and You will have 30 days to print or download any personal information You have posted to the site, such as your resume or online interview. If You have purchased any coaching products that have not been fully utilized, we will refund the pro rata unused portion of the fee upon your demand, or upon your termination from the program.

IN NO EVENT SHALL A COACH OR TENEOTALENT, INC. BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH COACHING ARRANGEMENTS UNDER THIS AGREEMENT OR WITH YOUR PURCHASE OF COACHING PRODUCTS ON THE SITE. YOU ACKNOWLEDGE THAT ANY COACHING PRODUCT IS PURCHASED “AS IS”, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, AND INCLUDING WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, ALL OF WHICH MJMF AND THE COACHES EXPRESSLY DISCLAIM. NO ADVICE OR INFORMATION YOU OBTAIN FROM A COACH OR TENEOTALENT, INC. WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE. SPECIFICALLY, THERE IS NO WARRANTY OR GUARANTEE OF SATISFACTION OF OUTCOME AND NO WARRANTY OR GUARANTEE THAT YOU WILL FIND A JOB. THE TOTAL LIABILITY OF THE COACH AND TENEOTALENT, INC. UNDER THIS AGREEMENT IS LIMITED TO THE TOTAL AMOUNT OF FEES YOU HAVE PREVIOUSLY PAID TO MJMF.

Any dispute or controversy between a Jobseeker and his/her coach or TeneoTalent, Inc. that cannot be resolved by mutual Agreement, shall be settled by binding arbitration. Any such proceeding shall take place in Denver, Colorado and be administered by and under the Commercial Rules of the American Arbitration Association. Notwithstanding any rules to the contrary, the parties agree that any arbitration conducted hereunder shall be held before a single arbitrator.