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Terms Of Use

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Effective date: March 18, 2023

Welcome, and thank you for your expressed interest in Talk Hiring, Inc. ("Talk Hiring").  This Terms of Use Agreement (the “Agreement”) is made and entered into by and between you and Talk Hiring, Inc. (the “Company,” Talk Hiring,  “us,” “we,” or “our”). This Agreement sets forth the terms and conditions that govern your use of and access to www.talkhiring.com and our mobile applications (collectively, the “Website”)  and any products, materials, and services provided by or on the Website (collectively, the “Services”). In this agreement, the term “Mobile Applications” is in reference to our iOS and Android software applications, whereas the term “Job Application” will be used in reference to any employment applications accessed or submitted through our services.  

Please read these Terms carefully before using this website, downloading our mobile applications, or otherwise engaging with our Services. This Agreement requires arbitration on an individual basis to resolve disputes, rather than jury trials or class actions and limits the remedies available to you in the event of a dispute.  

1.   Acceptance of this Agreement.

1.1 Acceptance Through Using or Accessing the Services.

By accessing or using the Services, you agree to be bound by this Agreement on behalf of yourself or the entity or organization that you represent. If you disagree with this Agreement, you may not use or access the Services and must exit the Website immediately.

1.2 Eligibility Requirements to Use or Access the Services.

To use the Website or any other Services, you must be: (i) at least 18 years old; (ii) a resident of the United States; and (iii), not a competitor of or using the Services for purposes that are competitive with the Company.

By accessing or using the Services, you represent and warrant that you meet all the eligibility requirements. You also represent and warrant the right, authority, and capacity to enter into this Agreement on your behalf and on behalf of the entity or organization you represent. You may not use or access the Services if you do not meet all these requirements.

1.3 Changes to this Agreement.

The Company reserves the right to change this Agreement occasionally at its sole discretion. Except for legal or administrative changes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective. For new users, the changes will be effective immediately.

Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by such changes. You should check this page frequently to be aware of any changes since they are binding on you.

2.   Access to the Services.

(a) Changes to Your Access and the Services. The Services may occasionally change as the Company evolves, refines, or adds more features to the Services. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.

(b) Creating an Account. You may be required to register for an account and provide certain information about yourself to access the Services or certain features. You promise to provide accurate, complete, and updated information about yourself. Accounts registered by any automated method, such as a bot, are prohibited and will be terminated. You acknowledge that as part of its efforts to combat fraud and spam, Talk Hiring may require that users verify their email addresses. When you apply for a job through Talk Hiring, you agree that you may be required to verify your email address and that failure to verify may lead to the rejection of your job application. The Company may have different types of accounts for different users. If you connect to any Services with a third-party service, you grant us permission to access and use your information from such service as permitted to store your login credentials. The Privacy Policy will govern all information you provide on our website. You consent to all actions we may take concerning your information consistent with our Privacy Policy.

(c) Account Responsibilities. You are entirely responsible for maintaining the confidentiality of your password and account, including log-in credentials from third parties, such as G-mail, used to access our Website or our mobile applications. You are also entirely responsible for any and all activities associated with your account. Your account is personal, and you agree not to provide any other person with access to the Services or any portions of it using your username, password, or other security information. You should exit your account at the end of each session. You should use extra caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information. You may not transfer your account to anyone else without our written permission. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other security breach. The Company will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by the Company or any third party due to someone else using your account or password.

(d) Termination or Deletion of an Account. The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement. You may delete your account anytime, for any reason, by following the instructions on the Website or by contacting us at hello@talkhiring.com.

3.   Policy for Using the Services.

3.1 Prohibited Uses.

You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or the Company's general business. You may use the Services for any business or commercial purposes.

3.2 Prohibited Activities.

You further agree not to engage in any prohibited activities enumerated in lettered provisions immediately following this sentence concerning using the Services.

(a)   No Violation of Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws) or any contractual obligations.

(b)   No Unsolicited Communications. Send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise.

(c)  No Impersonation. Impersonate others or otherwise misrepresent your affiliation with a person or entity to mislead, confuse, or deceive others.

(d)   No Harming of Minors. Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.

(e)   No Interference with Others’ Enjoyment. Harass or interfere with anyone’s use or enjoyment of the Services, or expose the Company or other users to liability or other harm.

(f)    No Interference or Disabling of the Services. Use any device, software, or routine that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services, including servers or networks connected to the Website.

(g)   No Monitoring or Copying Material. Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes, devices, or means. This includes, without limitation, using automatic devices such as robots, spiders, offline readers, crawlers, or scrapers to strip, scrape, or mine data from the Website, provided, however, that the Company conditionally grants to the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. No web scraping activities may occur on this Website except as expressly permitted in the preceding sentence; you may not scrape information or code from this Website.

(h)   No Viruses, Worms, or Other Damaging Software. Upload, transmit, or distribute to or through the Services any viruses, Trojan horses, worms, logic bombs, or other materials intended to damage or alter the property of others, including attacking the Services via a denial-of-service or distributed denial-of-service attack.

(i)   No Unauthorized Access or Violation of Security. Violate the security of the Services through (i) any attempt to gain unauthorized access to the Services or to other systems or networks connected to the Services; (ii) the breach or circumvention of encryption or other security codes or tools; or (iii) data mining or interference to any server, computer, database, host, user, or network connected to the Services.

(j)    No Reverse Engineering. Reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying information relating to the Services.

(k)   No Collecting User Data. Collect, harvest, or assemble any data or information regarding any other user without their consent. This includes, without limitation, their emails, usernames, or passwords.

(l)    No Other Interference. Otherwise, attempt to interfere with the proper working of the Services.

(m)  Attempt or Assist Others in Attempting. Attempt any of the foregoing or assist, permit, or encourage others to do or attempt any of the foregoing.

(n)   No Third Party Disclosures. You may not post sensitive personal information, including personally identifying data, address information, medical records, images or likenesses, financial data, or other confidential information about any person other than yourself (collectively, “3rd Party CI”) unless, and solely to the extent, that such 3rd Party CI is in the public domain.

3.3 Geographic Restrictions.

The Company is based in the United States. The Services are for use by persons located in the United States only. By accessing the Services from any location other than the United States, you accept full responsibility for compliance with all local laws. The Company makes no representations that the Services or its content are accessible or appropriate outside of the United States.

4.   Job Seeker

4.1 Job Seeker Registration; Passwords.

For this Section 4.1 of this Agreement, all references to “you” or “your” shall mean you, the individual accessing this Site in your capacity as a Job Seeker. As a Job Seeker, you can use our Website, our mobile applications, and its content solely for non-commercial purposes. You may access any Website(s) as a visitor without registering for an account with the Website(s) and without providing or disclosing personal information.

To register as a job seeker, you must provide certain personal information. Job seekers are required to provide all information truthfully. Talk Hiring reserves the right to restrict or prohibit your use of, access to, and/or participation in our Services if you provide, or if Talk Hiring reasonably suspects that you have provided, information that is untrue, inaccurate, not current, or incomplete.

You may be required to register with Talk Hiring to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service's registration form. Registration data and other information about you are governed by our Privacy Policy.

The Site may include information provided by third-party APIs, subject to additional terms and conditions imposed by those third parties. For example, the Site may have Google Maps features and content, subject to the current versions of (1) the Google Maps/Google Earth Additional Terms of Service; and (2) the Google Privacy Policy. Our use of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements. Our privacy policy can be found here https://www.talkhiring.com/legal/hire-rewards/privacy-policy.

Job Seekers are solely responsible for the security of their account information. They will be solely liable and responsible for any use of their Job Seeker accounts, whether authorized or unauthorized. Talk Hiring strongly recommends against using a social security number, financial account number, or any other identification or account number as a username or password. Please do not disclose your password to anyone else; you are responsible for keeping it safe. We will not be liable for any unauthorized use of your account, which includes unauthorized use of your email address, password, and reward redemption. You agree (a) to immediately notify Talk Hiring at hello@talkhiring.com of any breach of security or potential security issue you notice while using the service; and (b) that the Company is not responsible for any data which is lost, altered, intercepted or stored without authorization during the transmission of any data whatsoever across networks not owned and/or operated by the Company. The Company will not be liable for any loss or damage arising from your failure to comply with this Section.

Job Seeker membership is specific to the individual who registers for membership with the Job Seeker; Job Seeker membership is not transferable.

We may provide users salary and other information and content for informational purposes only. For example, we may provide data regarding estimated salaries for a given job listing, the number of applicants to a job listing, or the likelihood that a particular event will occur, such as being selected for an interview. This information provided by us is based on estimates given for informational purposes only and without warranty and is subject to change or varying levels of accuracy. All salary figures displayed are approximations based upon multiple third party submissions to the Website and mobile applications, including from third-party affiliates. These figures are for generalized comparison only. Of course, you should consult the employer for actual salary figures, as minimum wage may differ by jurisdiction.

We, in our sole discretion, may add descriptions or icons to employers or job listings, indicating that an employer may be actively looking to hire or that the employer may be responding to inquiries. Employers may also request that we add such a description. We determine how such descriptions or icons are defined or which employers qualify. The lack of a description or icon may indicate that we do not have sufficient data to determine if an employer qualifies. An Employer may elect to provide us with that information, and we do not guarantee the accuracy of such data. We may add descriptions or icons to job listings – such as compensation structures, specific fields, or benefits – based on data contained within the job listing for informational purposes only.

We may also display publicly available information about employers on Company Pages. Information on Company Pages is presented for informational and promotional purposes only, is subject to change, and may be gathered from or generated by third parties. Indeed assumes no responsibility and disclaims all liability for the content and accuracy, including the translation of any user-generated content that is translated using Google Translate API, completeness, legality, reliability, or availability of any Company Page. Please contact the Employer for the most accurate and up-to-date company information.

We do not guarantee the accuracy of any descriptions or icons added to employer organizations or job listings, including data on job listings.

You acknowledge that you are accessing, using, and/or participating in the Services in the capacity of an independent contractor and that no agency, partnership, joint venture, employee–employer or franchisor–franchisee relationship is created by this agreement. You do not have any authority to bind Talk Hiring in any respect whatsoever.

4.2 User Content.

You are solely liable and responsible for all content (including resumes, cover letters, credentials, licenses, certifications, etc.), materials, information, and comments you use, upload, post, or submit in connection with the Services (“User Content”). Further, you are responsible for verification of whether the content infringes the intellectual property rights of third parties. You are solely responsible for all third-party approvals, consents, and/or authorizations required for User Content.

You agree that any User Content will not be considered confidential or proprietary. You agree not to send confidential or proprietary information to the Company through the Services. You hereby grant to the Company a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any comments and other information (including, without limitation, ideas contained therein for new or improved products and services) you submitted to any areas of the Website and our mobile applications (such as bulletin boards, forums, and newsgroups) or by email to the Company by all means and in any media now known or hereafter developed. You agree that this license further allows the Company to use the information of your job application or job search history for any purpose the Company deems necessary.

If you submit User Content, the User Content may become publicly available. It may be shared with third parties including, but not limited to, Talk Hiring's clients, clients of Talk Hiring's clients, and third-party service providers. User Content should only include text, audio, video, images, or the likeness of the individual submitting the User Content and should not contain any third party's copyrighted or trademarked content or material. User Content should not include audio, video, images, or the likeness of anyone other than the user. You will not receive compensation for any User Content.

4.3. Communications

When you view, send, store, or receive communications or materials (including job listings, resumes, messages, job applications, questions and responses in job applications, and any other information) on or through the Website and our mobile applications, you agree to your communication and materials being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of our policies, content moderation, and to improve the website and our mobile applications or any other Company product or service whether via automated means or otherwise.

When an employer views, sends, stores, or receives communications or materials through or using the Services, the Company may inform you about such actions. We may inform the employer about activities you take on the Website and our mobile applications or your use, for example, whether you are online or recently active. Additionally, we may also notify you that an employer has taken other actions with regards to a job listing, your resume, or your job application, such as pausing, moving onto the next stages of hiring, or closing a job listing, viewing or responding to your resume or job application, and making a decision with regards to your job application or the job listing. You hereby consent to such actions. As part of this functionality, you may receive messages, including but not limited to text messages, emails, or email notifications corresponding with your or an employer’s (in the event you applied for a job) activity on or use of the Services, or any other communications service, product, or feature provided on or through the Website or our mobile applications. In all cases, such messages or notifications are provided without warranty, and you should not rely on them.  For example, suppose you accept an interview request through the Services. In that case, you are responsible for following up with the employer separately to ensure they know your response or coordinating interview times, dates, and locations. Do not rely on notifications. The Company disclaims all warranties concerning the transmission or storage of such notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. If a message being sent is intended for a closed account, these messages will not be deliverable.

We may offer you the opportunity to receive text message interview reminders from Talk Hiring when an employer has scheduled interviews with you. In such an event, you will enter your phone number on the Talk Hiring consent form, and by entering your phone number, you are representing and confirming it is your phone number and that you have the right to accept text messages at the number. Talk Hiring will only send you a text reminder for such an interview. You agree to receive text message reminders on your cell phone, including messages sent by an automated telephone dialing system. You acknowledge that if the words “automated,” “automatic,” or similar terms are used on the website and our mobile applications in connection with calls or text messages, these words do not refer to the generation or storage of a phone number. Talk Hiring only calls the number that you generated and stored when you provided your number to Talk Hiring. If you change your phone number, you agree to update your contact information promptly. You agree that by providing your phone number or using the Website, you are establishing a business relationship with Talk Hiring and that Talk Hiring may send you text messages in connection with that relationship.

4.4 Rewards Programs

A. With your use of the Services, you may have the opportunity to accumulate rewards or incentives. Incentives may be in the form of points or program/Job Seeker currency (“Job Seeker Currency”). Job Seeker Currency has no monetary value and cannot be redeemed for cash; Job Seeker Currency may not be auctioned, traded, bartered, or sold and is not transferable upon death, by gift, as part of a domestic relations matter, or otherwise, except by operation of law.

The various types of incentives and rewards Talk Hiring may provide are to encourage participation in job application activity and are not compensation for time spent. Any points or Job Seeker Currency earned or paid to you or any reward you redeem for participation in any activity is not calculated based on your time. Similarly, any consideration paid to or points earned by you for participation is not prorated on an hourly basis or otherwise.

B. All points or Job Seeker Currency posted to a Job Seeker member's account expire one (1) year following the date the Job Seeker acquired them unless the points or Job Seeker Currency are forfeited or canceled earlier due to account inactivity or as otherwise outlined in this Agreement. Job Seeker member accounts are not actual bank or financial accounts and do not accrue or accumulate interest.

C. Points posted in connection with the Services do not constitute property of the Job Seeker, cannot be transferred during or after the Job seeker’s life, by operation of law or otherwise, and have no value until presented by the Job Seeker for redemption in accordance with this Agreement.

D. Talk Hiring may remove any points or incentives from a job seeker's account if any points or incentives have been erroneously posted to a job seeker's account.

E. If any points or incentives have been obtained and/or posted to a job seeker's account through fraud, Talk Hiring will remove them from the job seeker's account, which may be suspended and/or terminated.

F. Points may be Redeemed for Rewards.

(1) Points or Job Seeker Currency will be deducted from the job seeker's account when the redemption request is made.

(2) All redemptions are final, and rewards may not be returned for credit except as otherwise provided in this Agreement or as otherwise agreed to in writing by an authorized representative of Talk Hiring.

(3) When your Points balance reaches the Minimum Redemption Amount, (“Minimum Redemption Amount” shall mean the minimum value of Points required to redeem any Reward offered in the Services (“Reward”), which is subject to change at any time at the sole discretion of Talk Hiring), you may redeem your Points. Unless a lower redemption option is available, if you do not satisfy the foregoing threshold, you will not have a redemption option under Talk Hiring's rewards program. Talk Hiring reserves the right to provide reward options with lower minimum redemption thresholds without prior notice or gaining your consent.

G. Talk Hiring may modify, alter, delete, or add new terms and conditions for its rewards program or the Services without notice. For Talk Hiring, this includes, but is not limited to, modifying, altering, adding, or deleting point values, redemption levels, conversion ratios, conditions for status, conditions for accounts, and conditions for earning incentives or rewards, at any time without notice. In addition, Talk Hiring may terminate or cease offering any incentive or reward in connection with Talk Hiring's rewards program at any time without notice.

H. You may not combine your points with points belonging to any other member, including, but not limited to, any family member or friend.

I. Talk Hiring make no representations or warranties of any kind, express or implied, regarding any product or service received in connection with Talk Hiring's rewards program, including, but not limited to, any warranty of merchantability or fitness for a particular purpose. Talk Hiring is not, and will not be, liable or responsible for the performance of, or for the failure of the performance of, any product or service for which points, incentives, or rewards are redeemed. In addition, Talk Hiring is not and will not be responsible or liable for any cost, damage, accident, delay, injury, loss, expense, or inconvenience that may arise in connection with the use of, or defect in, any product or service for which points, incentives or rewards are redeemed. Talk Hiring will not replace lost, stolen, misplaced, or damaged incentives or rewards.

J. YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE POINTS, JOB SEEKER CURRENCY, INCENTIVES, OR REWARDS EARNED THROUGH THE SERVICES MAY BE SUBJECT TO TAX, WHICH IS THE SOLE RESPONSIBILITY OF THE JOB SEEKER. Talk Hiring may provide you and/or the appropriate government agency or taxing authority with information related to any payments or incentives you earn in connection with your use of the Services. You agree to provide Talk Hiring with all required information to assist Talk Hiring in complying with its reporting or withholding obligations. Talk Hiring may withhold any tax from any incentive or reward as applicable law requires.

K. Talk Hiring uses reasonable efforts to ensure that points or Job Seeker Currency are credited and debited appropriately; however, the job seeker should review their account to ensure that their account correctly identifies the posted points, incentives, or rewards reflect all of the appropriate redemption transactions. If you feel that your account was not credited or debited correctly or reflects incorrect redemption transactions, please email hello@talkhiring.com. Any email sent to Talk Hiring should include the job seeker's name, email address, and specific information on the subject matter. Talk Hiring will use reasonable efforts to investigate the matter and promptly respond to the job seeker. Talk Hiring's decision is final and binding.

L. Prospective employers are responsible for the hiring postings and/or the owners or operators of the website(s)/webpage(s) on which redemption transactions occur, such as Zip Recruiter, LinkedIn, or Indeed, may have their own terms and conditions; please review these terms and conditions carefully.

M. Personal information may have to be collected, processed, and/or disclosed in connection with Talk Hiring's rewards program and/or any request to redeem a reward or incentive. By agreeing to this Agreement, you hereby agree to the collection, processing, and/or disclosure of your personal information for such purpose(s). All such personal information shall be subject to the terms outlined in Talk Hiring's Privacy Policy. Redemption of virtual financial institution debit, gift, or reward cards may require verification of your identity by the financial institution responsible for issuing your card. Such verification may require you to provide your date of birth, tax identification number, and similar information.

N. In the United States, Talk Hiring has an obligation to: (i) provide a W-9 tax form to individuals who receive payments (whether via the redemption of points or other means) of $600 or more in a tax year; and (ii) file a 1099-Misc form with the United States Internal Revenue Service (“IRS”) for such payments. In addition, Talk Hiring will provide you with a completed 1099-Misc form for your tax compliance purposes. As a result, please see the following:

(1) If you have received payments of $599 during a tax year, your account will be suspended (i.e., you will not be able to receive further payments and will not be able to complete or participate in job applications) for the remainder of the applicable tax year unless and until you provide Talk Hiring with a completed and verified W-9 form.

(2) If you have received payments of $600 or more during a tax year, your account will be suspended indefinitely (i.e., you will not be able to receive further payments and will not be able to complete or participate in job applications) unless and until you provide Talk Hiring with a completed and verified W-9 form. In this case, your account will not be reinstated at the beginning of the following tax year unless or until you provide Talk Hiring with a completed and verified W-9 form.

If you have any questions, please contact hello@talkhiring.com.

4.5. Profile Updates

Job seekers agree to notify Talk Hiring promptly of any changes in or to the information in their member profile. Job seekers agree to review and update their profiles as necessary but no less frequently than once every six (6) months. A job seeker may update, correct, and/or delete information contained in their profile by (i) accessing their account; or (ii) sending an email to the appropriate job seeker services team for the appropriate job seeker.

4.6. Suspension; Termination; Deactivation of Accounts

Either party may terminate your account at any time, with or without cause, for any reason or no reason, and without liability for the termination.

In addition to any and all other available remedies, Talk Hiring may, without notice, suspend and/or terminate your use of, access to, and/or participation in the Services if you are in breach or violation of this Agreement. If Talk Hiring terminates your account due to your breach or violation of this Agreement: (i) you forfeit all rights, title, and interest in and/or to all unredeemed rewards, incentives, and/or prizes, effective immediately upon termination; (ii) your account will immediately be canceled; and (iii) your access to, participation in and use of the Services will immediately cease.

If a non-job seeker breaches or otherwise violates this Agreement, such non-job seeker hereby agrees that: (a) all rights, title, and interest in and/or to all unredeemed rewards, incentives, and/or prizes (if any) shall be forfeited effective immediately upon termination; and (b) access to, use of, and participation in the Services will immediately cease.

In addition, Talk Hiring reserves the right to deactivate your account: (a) if your account does not remain Active (as defined herein); (b) if Talk Hiring receives a delivery failure notice in regards to email communications sent by Talk Hiring to your email account; or (c) if Talk Hiring receives a “mailbox full” reply notice three (3) times in regards to email communications sent by Talk Hiring to your email account. For this Agreement, “Active” means that you: (i) participate in a job application at least once every six (6) months; or (ii) update your profile or member information at least once every six (6) months.

In the event of deactivation, termination by you, or termination by Talk Hiring (other than for your breach or violation of this Agreement), Talk Hiring shall maintain a record of the posted, unredeemed rewards, incentives, and/or prizes and, subject to the applicable Minimum Redemption Amount, shall allow you to redeem such rewards or incentives for a period of thirty (30) days following the effective date of termination or deactivation of your account. Termination or deactivation of your account will not delete or remove any job application(s).

4.7. Applying to Jobs

Any resume or job application information you submit through the Services, including personal data included in a resume, job application, or responses to screener questions and assessments, is subject to this Agreement and Talk Hiring’s Privacy Policy. To maintain the quality of the Website, our mobile applications, and Services, Talk Hiring, in its sole discretion, may impose limits on your ability to apply to job listings or to otherwise access any services, in whole or in part.

You acknowledge that before submitting a job application through the Services, you are responsible for reviewing and confirming that you are applying to your desired employer. Once you provide information to an employer (whether in the form of a job application, resume, email, interview material, or otherwise), Talk Hiring does not have control over the Employer’s use or disclosure of that information. If you want to request the employer delete, modify, or maintain confidence over any such information, you must make such a request directly to the employer. Unsubscribing from calls from employers through Talk Hiring does not apply to interviews you have already scheduled. If you require alternative methods for applying, you must approach the employer directly to request such an alternative method, as Talk Hiring is not responsible for any employer’s job application process.

When you ask Talk Hiring to submit your job application or other information through the Services, you are sending your Resume and job application information to Talk Hiring, and you are requesting and authorizing Talk Hiring to make available such job application information to the applicable employer(s) for the indicated job listing(s). You further agree to Talk Hiring’s performance of automated processing concerning your job application, as such processing is an essential part of this Agreement. When you ask Talk Hiring to transmit any message, job application, or resume to an employer or store such data, you understand that this is without warranty and that Talk Hiring reserves the right to reformat such job application or message. Additionally, you consent to your job application and any responses sent to you by the Employer (including offer letters) through Talk Hiring being processed and analyzed by Talk Hiring according to this Agreement and Talk Hiring’s Privacy Policy.

You acknowledge and agree that employers may request that Talk Hiring assemble your job application materials, resume, answers to screener questions, assessment responses, and other information you provide to Talk Haring into one document. You agree that in doing so, Talk Hiring assembles these job application materials on your behalf. When you apply for a job, Talk Hiring will attempt to send your job application to the contact information provided by an employer or agent. This may include sending your job application to an Applicant Tracking System (ATS) or other service provider selected by the Employer. You agree that Employers can enable such service providers to access and manage their Talk Hiring accounts by connecting to and integrating with APIs provided or used by Talk Hiring. By applying for a job through Indeed, you agree to an employer’s use of such service providers and acknowledge that such use may involve an intermediary’s access to job applications sent to its employer client.

We cannot guarantee that such messages and job applications will be delivered, received, accessed, read, or acted upon. Talk Hiring also does not guarantee that any employer will receive, be notified about, access, read, or respond to any such resume or other job application material or that there will be no mistakes in the transmission or storage of the data. We cannot assure the validity of the contact information provided to us by employers. Talk Hiring depends on the employer or the employer’s agent to provide Talk Hiring with the correct destination for all job applications. If the electronic destination provided to Talk Hiring is incorrect, your job application materials will not be sent to the intended recipient of the job application. Further, Talk Hiring does not guarantee that the interface will be error-free. However, Talk Hiring may alert you when the above events occur.

Please note that job listings may expire between the time you submit your job application and from the time it is received. Talk Hiring has no responsibility for expired job listings or for delivering job applications before a job listing’s expiration, and Talk Hiring. Its third-party providers may store your job application and related information regardless of whether a job listing has been closed or is no longer available on the Services. We also cannot vouch for the technical capabilities of any third-party sites, including but not limited to ATSs.

Third-party sites, including ATSs used by employers, may disclaim liability for technical malfunctions, including the failure to deliver job applications. We are not responsible if an ATS rejects or fails to deliver a job application to an employer for any reason. If you do not feel comfortable sending a job application or messages in this manner or having your job application or messages stored by Indeed on Talk Hiring’s or third-party providers’ servers, do not use the job application functions through the Services. You may contact the Employer directly to find alternative methods of job application if you do not wish to apply through Talk Hiring.

By using Talk Hiring, you agree that talk Hiring is not responsible for the content of the employer’s job application, messages, screener questions, skills assessments, or their format or method of delivery and that Talk Hiring does not guarantee receipt of your job  application by the employer, or your receipt of messages from the employer. Please note that Talk Hiring does not choose the questions asked by employers or decide the job qualification criteria of employers. Employers are solely responsible for compliance with all applicable laws, including the Fair Credit Reporting Act and similar laws, anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and any applicable data protection or privacy laws. Employers are responsible for offering alternative methods of screening if so required by the Americans with Disabilities Act or any similar law. You must contact the employer if you require alternative methods of screening. Some questions may be labeled as optional, indicating only that the job application may be submitted to the employer without providing an answer.

Talk Hiring cannot guarantee that the employer will consider such a job application or make a particular determination concerning such a job application. Talk Hiring does not guarantee the identity of an employer or any individuals working for any employer and cautions Job Seekers when applying for jobs. Talk Hiring cannot guarantee health and safety measures in an employer’s hiring or interviewing process. Talk Hiring recommends that job seekers follow personal health and safety best practices as recommended by the World Health Organization or similar institutions. Talk Hiring does not guarantee the validity of a job offer and cautions job seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Job Seekers are solely responsible for verifying the accuracy of any employer or job offer.

By using the Services, you acknowledge that the employer may have instructed Talk Hiring to send out rejection notices if your answers do not match the answers sought by the Employer. You also acknowledge that Talk Hiring has no discretion in transmitting these rejections.

Talk Hiring may offer employers the ability to activate a feature on their account to assist the employer in their search for a candidate. Such features may result in the employer instructing Talk Hiring to send a message on the employer’s behalf informing the job seeker that the employer has determined not to move forward with their job application. These notices are automatically sent after a period of time of the employer’s election to the applicants of that job listing unless the employer indicates to Talk Hiring their interest in your job application.

You acknowledge and agree that Talk Hiring has no discretion in sending these messages and that any such messages are solely a result of the employer’s decision to activate Employer Assist and to not take action on your job application on Talk Hiring within the time period selected by the Employer.

Any interactions the employer has directly with you and not through a tool provided by Talk Hiring (for example, calling or emailing you directly) are not visible to Talk Hiring and would not prevent a rejection notice from being sent. Talk Hiring assumes no responsibility and disclaims all liability for the content, accuracy, validity, completeness, legality, reliability, or availability of such notices.

You acknowledge that as part of its efforts to combat fraud and spam, Talk Hiring may require that users verify their email addresses. When you apply for a job through Talk hiring, you agree that you may be required to verify your email address and that failure to verify may lead to your job application being rejected.

5.   Intellectual Property Rights.

5.1 Ownership of Intellectual Property.

You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (collectively, the “Content”) are owned by the Company, its licensors, or other providers of such material. The Content is protected by the U.S. and international intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights. The Company and its licensors reserve any rights not expressly granted in this Agreement.

5.2 License to Use the Services.

During the Term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content for any business or commercial use in accordance with this Agreement. The Content may not be used for any other purpose. This license will terminate upon your cessation of use of the Services or at the termination of this Agreement.

5.3 Certain Restrictions.

The rights granted to you in this Agreement are subject to the restrictions enumerated in lettered provisions immediately following this sentence.

(a) No Copying or Distribution. You shall not copy, reproduce, publish, display, perform, post, scrape, transmit, or distribute any part of the Content in any form or by any means except as expressly permitted herein or as enabled by a feature, product, or the Services when provided to you.

(b) No Modifications. You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content.

(c) No Exploitation. You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or the Services in any way, in whole or in part.

(d) No Altering of Notices. You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content.

(e) No Competition. You shall not access or use the Content to build a similar or competitive website, product, or service.

(f) Systematic Retrieval. You shall not use any information retrieval system to create, compile, directly or indirectly, a database, compilation, collection, or directory of the Content or other data from the Services.

5.4 Trademark Notice.

All trademarks, logos, and service marks displayed on the Services are either the Company’s property or the property of third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.

6.   Assumption of Risk.

The information presented on or through the Services is available only for general information purposes. The Company does not warrant the accuracy, completeness, suitability, or quality of any such information. Any reliance on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such information by you or any other user of the Services or by anyone who may be informed of its contents.

7.   Privacy.

For information about how the Company collects, uses, and shares your information, please review our Privacy Policy.

You agree that by using the Services, you consent to the collection, use, and sharing (as outlined in the Privacy Policy) of such information.

The Children’s Online Privacy Protection Act requires that online service providers obtain parental consent before knowingly collecting personally identifiable information online from children under 13 years old. We do not knowingly collect or solicit personally identifiable information from a child under 13 years old without obtaining verifiable consent from that child’s parent or guardian (“Parental Consent”), except for the limited amount of personally identifiable information we need to collect to obtain Parental Consent (“Required Information”). Until we have received Parental Consent, we will only use Required Information to obtain Parental Consent. If you are a child under 13 years old, please do not attempt to send us any personal information about yourself before we obtain Parental Consent, except for the Required Information in the context of the Parental Consent process. If you believe that a child under 13 years old has provided us with personal information (beyond the Required Information) without obtaining Parental Consent, please contact us.

If you are under 13, you are not authorized to use the Service, with or without registering. In addition, if you are under 18, you may use the Service, with or without registering, only with the approval of your parent or guardian.

8.   Third-Party Links and Ads.

The Services may contain links to third-party websites, resources, services, and advertisements (collectively, “Third-Party Links”). Third-Party Links are provided for your convenience only. The Company does not review, approve, monitor, endorse, warrant, or make any representations concerning Third-Party Links. The Company has no control over any Third-Party Link's contents, products, or services and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any Third-Party Link, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Link. You should make any investigation necessary or appropriate before proceeding with any transaction with any Third-Party Link.

9.   Termination.

9.1 Termination.

The Company may suspend or terminate your access or rights to use the Services at any time, for any reason, in our sole, subjective discretion, and without prior notice, including for any breach of the terms of this Agreement. The Company will not have any liability whatsoever to you for any suspension or termination of your rights under this Agreement, including for termination of your account. Upon termination of your access or rights to use the Services, your right to access and use the Services will immediately cease.

9.2 Effect of Termination.

Upon termination of this Agreement, any provisions that should survive termination shall remain in full force and effect. This includes, without limitation, ownership or intellectual property provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party.

10.    No Warranty.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK.

WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THIRD-PARTY LINKS, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR ANY OTHER USER.

THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

11.    Limitation of Liability.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE GREATER OF ONE HUNDRED ($100) DOLLARS OR THE AGGREGATE AMOUNTS PAID TO THE COMPANY IN THE LAST SIX (6) MONTHS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

12.    Indemnification.

You agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys’ fees, fees and other costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or relating to your breach of this Agreement, your posting of any 3rd Party CI on this Website, or your use or misuse of the Services including, but not limited to, any actions taken by a third party using your account. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to assist and cooperate with our defense or settlement of these claims.

13.    Disputes.

13.1 Governing Law.

All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any conflict of law principles.

13.2 Dispute Resolution.

Please read this Section carefully. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, shall be submitted to and decided by a single arbitrator by binding arbitration under the rules of the American Arbitration Association in the City of New York, New York. The decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party. The prevailing party in the arbitration proceedings shall be awarded reasonable attorneys’ fees, expert witness costs, and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings unless the arbitrator shall, for good cause, determine otherwise.

All arbitrations shall proceed on an individual basis. You agree that you may bring claims against the Company in arbitration only in your individual capacity, and in so doing, you hereby waive the right to a trial by jury to assert or participate in a class-action lawsuit or class-action arbitration (either as a named-plaintiff or class member) and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. Notwithstanding anything to the contrary under the rules of the American Arbitration Association, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

13.3 Limitation to Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.

14.    Miscellaneous.

14.1 Job Seekers.

The Company may offer you other services, products, or promotions by the Company. Additional terms and conditions and fees may apply. With some Services, you may upload or enter data from your account(s), such as names, addresses, phone numbers, purchases, etc., to the Website. You grant the Company permission to use information about your interaction and experience to help us provide additional services to you and enhance the services offered by the Company generally. You grant the Company permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant the Company permission to share or publish summary results relating to research data and to distribute or license such data to third parties.

The Company may, from time to time, maintain a policy regarding such additional services. Additional terms and conditions regarding job seekers are addressed here https://www.talkhiring.com/legal.

14.2 Waiver.

Except as otherwise outlined in this Agreement, no failure of the Company to exercise, or delay by the Company in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

13.3 Severability.

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

14.4 Entire Agreement.

This Agreement, together with all documents referenced herein, constitutes the entire agreement between you and the Company concerning the subject matter contained herein. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning the subject matter.

14.5 Headings.

This Agreement's headings and titles of sections, clauses, and parts are for convenience only. Such headings and titles shall not affect the meaning of any Agreement's provisions.

14.6 No Agency, Partnership, or Joint Venture.  

No agency, partnership, or joint venture has been created between you and the Company as a result of this Agreement. You do not have any authority to bind the Company in any respect whatsoever.

14.7 Assignment.

You shall not assign or delegate any of your rights or obligations under this Agreement without the Company's prior written consent. Any purported assignment or delegation violating this Section shall be deemed null and void. No assignment or delegation shall relieve you of any of your obligations hereunder. The Company may freely assign or delegate its rights and obligations under this Agreement at any time. Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.

14.8 Export Laws.

The Services may be subject to U.S. export control laws and regulations. You agree to abide by these laws and their regulations (including, without limitation, the Export Administration Act and the Arms Export Control Act) and not to transfer, by electronic transmission or otherwise, any materials from the Services to either a foreign national or a foreign destination in violation of such laws or regulations.

15.    Contact Information.

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to hello@talkhiring.com.