Terms of Business

TERMS & CONDITIONS

The terms and conditions provided below govern your use of talentfinda.com and its features, as well as any other publicly-accessible website operated by DLVR Talent (“DLVR Talent”) (the “Website”). By accessing and utilizing the Website, you agree, without limitation or qualification, to be legally bound by these terms and conditions. If you fail to comply with these terms and conditions, your permission to use the Website automatically terminates and we may terminate your use of the Website, block or otherwise bar you from future usage of the Website, and take any other action we deem necessary and appropriate, whether in law or in equity.

DLVR Talent reserves the right to modify these terms and conditions from time to time, in our sole discretion, and any such changes are effective immediately upon posting to our Website.

Use of the Website.

The Website may be used only by individuals seeking employment opportunities and career information, employers or recruiters seeking candidates, universities seeking students, franchisors seeking franchisees, or DLVR Talent or its affiliated companies in connection with their services.

The Website may be used only by individuals seeking employment opportunities and career information, employers or recruiters seeking candidates, universities seeking students, franchisors seeking franchisees, or DLVR Talent or its affiliated companies in connection with their services.

You agree not to use the Website for any action or communication that is unlawful, prohibited by these Terms and Conditions, intimidating, threatening, harassing, defamatory, obscene, indecent, infringing, unsolicited and commercial, soliciting the performance of any illegal activity, or infringing upon the rights of DLVR Talent or any third party. You agree not to use the Website to communicate content that constitutes junk mail, spam, chain letters, pyramid schemes, franchises, “club memberships,” unsolicited advertising, promotional, or related to a business opportunity requiring an up-front or periodic payment, pays commission only, or requires recruitment of other members, sub-distributors, or sub-agents (including distributorship or sales representative agency arrangements).

You agree not to impersonate any person or entity, or post incomplete, false, or inaccurate information regarding your biography, resume, or employment/business opportunity. You agree not to interfere, or attempt to interfere, with the operations of the Website or to use any device or software that will interfere, or attempt to interfere, with the operations of the Website. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website.

You agree not to distribute in any medium any part of the Website or use any part of the Website for commercial use. You agree not to alter or modify, or attempt to alter or modify, any part of the Website. DLVR Talent may, in its sole discretion, monitor or review discussions, chats, postings, transmissions, bulletin boards, and other elements of the Website, but DLVR Talent is under no obligation to do so and we do not assume any responsibility or liability arising from same.

You agree not to probe or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.

You agree not to take actions to seek or discover the information of other users of the Website or of DLVR Talent’s customers. You agree not to attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website.

You agree not to interfere or attempt to interfere with the use of the Website by other users, including by attempting to delete or revise any material posted by any other person or entity.

User Submissions to the Website

Any communication or information which you post or submit to the Website is considered to be non-confidential and in the public domain. By posting communications to the Website, you automatically grant DLVR Talent a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

User Accounts and Security. As a user of the Website, you may receive or establish an account as a candidate, employer, educational institution, or franchisor (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account, including all information necessary to access your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify DLVR Talent of any unauthorized use of your Account or any other breach of security.

DLVR Talent shall not be responsible for any claims, obligations, liabilities, costs, debt, expenses, losses, damages, charges, fees, or fines, including legal fees, accounting fees, business interruption damages, lost profits, and punitive, incidental, special, or consequential damages arising out of the authorized or unauthorized use of your Account, whether arising as a contract, negligence, tort, or other action.

Job Postings.

All job postings run for 30 days dependent on the recruitment package selected.

When you refresh, copy, or add additional locations to your job postings, this constitutes an additional purchase of a job posting for each occurrence. DLVR Talent will bill you, and this will be payable by you in accordance with DLVR Talent’s current prices. All job postings are subject to these Terms and Conditions, including the promotional restrictions in paragraph 1 above. In addition, you may not link to any Website in your job posting, and you may not list any URL. This constitutes an advertisement of your company rather than your job. DLVR Talent reserves the right to remove any job postings or other documents that violate these Terms of Service.

Agreement to Pay.

You agree to pay for all products and services you purchase through the Website.

YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND CHARGES AND FOR PROVIDING VALID PAYMENT INFORMATION. Right to Change Prices and Availability of Products. Prices and availability of products or services are subject to change at any time at DLVR Talent’s sole discretion. Electronic Signatures and Contracts. Your use of the Website includes the ability to enter into agreements and/or to make transactions electronically.

YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

Credit Card Policy.

Your credit card transaction and order are reviewed and verified by our computer software. Your credit card is then charged, and a credit card authorization and verification are placed on the order from our credit card processor. Once your order has been entered into our computer system, a Purchase ID is automatically assigned to your order. A detailed invoice of your transaction along with the Purchase ID will be emailed to you immediately following your transaction. A hard copy invoice is available upon request. Our intention is to provide the best service to you before and after the sale.

Return Policy.

Customers purchasing online products or services through the DLVR Talent Web Site are able to begin enjoying the benefits of the products or services instantaneously. Given the unique nature and immediate benefits of the job posting product and the different subscription products, DLVR Talent has a strict “no return, no refund” policy.

Limit on Liability

DLVR Talent acts only as a venue for employers to post job positions and military candidates to post resumes and does not screen or censor the listings offered. DLVR Talent is not involved in the actual transaction between employers and candidates. As a result, the Company has no control over the quality, safety, accuracy, or legality of posted jobs, job listings, profiles, or resumes, or the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings.

The Company is not to be considered to be an employer with respect to your use of the Web Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Web Site. The material on the Website may contain inaccuracies or typographical or other errors. DLVR Talent makes no representations about the accuracy, reliability, completeness, or timeliness of the material on the Website.

DLVR Talent cannot and does not confirm that each user is who they claim to be. DLVR Talent has not conducted any verifications of candidate-supplied data (e.g., background checks, criminal or drug screenings, employment verifications, driving records, reference checks). Verification of such data is your responsibility. Use of the Website and any information contained therein is at your own risk. The content of the Website may be periodically updated or revised at any time. These Terms and Conditions shall apply with equal force to any and all such updates or revisions.

DLVR Talent DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIR– USES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR — USE OF THE WEBSITE AND OF THE CONTENT CONTAINED THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, DLVR Talent IS NOT RESPONSIBLE FOR THOSE COSTS.

The website and its content are delivered on an “as-is” basis. DLVR Talent reserves the right to change or discontinue any or all content or features of the website or services offered through the website without notice.

DLVR Talent DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. BY — USE OF THE WEBSITE, YOU AGREE THAT DLVR Talent WILL NOT BE LIABLE FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE WEBSITE OR OF ANY CONTENT, FEATURE OR SERVICE OFFERED THROUGH THE WEBSITE.

DLVR Talent makes no warranty that the use of material or content displayed on this website will not infringe upon the rights of third parties neither owned by nor affiliated with DLVR Talent.

Typographical Errors Disclaimer and Limitation of Liability. In the event a DLVR Talent product or service is listed at an incorrect price, DLVR Talent shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. DLVR Talent shall have the right to refuse or cancel any such orders whether or not the order has been confirmed.

Disclaimer of Damages

IN NO EVENT SHALL DLVR Talent, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT THERE IS NO SUCH LIABILITY EVEN IN THE EVENT THAT DLVR Talent IS NOTIFIED BEFOREHAND OF THE POSSIBILITY OF DAMAGES. YOU AGREE THAT THE LIABILITY, IF ANY, OF DLVR Talent, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS AFFILIATES ARISING OUT OF ANY LEGAL CLAIM CONNECTED TO THE WEBSITE IS LIMITED TO THE AMOUNT YOU PAID DLVR Talent TO — USE THE WEBSITE OR ITS SERVICES.

Some States do not allow such limitations of damages for certain legal categories, so the above limitation or exclusion may not apply to you or may be limited as per the laws and regulations of your State.

Indemnity

You agree to indemnify, defend and hold harmless DLVR Talent, its officers, directors, employees, agents and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses including, but not limited to, legal and accounting fees, resulting from your use or misuse of the Website or your breach of these Terms and Conditions.

Copyrights and Trademark

Our website is owned and operated by us.

Unless otherwise specified, the Website contains materials and information, in various formats, including, but not limited to, images, illustrations, photographs, graphs, messages, videos, audio, software, data, and text that are the sole property of DLVR Talent, ALL RIGHTS RESERVED. The copyright and other proprietary rights and interests in all of this information are owned by us, our affiliates, or someone who has granted us a license to use the information or materials. You may view, download, print and retain a copy of pages of our website only for your personal use. Except as expressly authorized in these terms and conditions, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from our website in whole or in part without our prior written consent.

Requests for any such consent should be directed to support@dlvrtalent.com. The trademarks, service marks and logos displayed on our website are registered and common-law trademarks of DLVR Talent, and others. No license or right to use any trademark contained on our website is granted to you and any use of any such mark contained on this website is expressly prohibited unless you obtain the prior written authorization to use such mark from us or such other third party holder of the mark. If you have a specific question related to the marks on our website or a request for the use of such marks, please direct your inquiries to us via e-mail support@dlvrtalent.com.

Copyright Infringement

If you believe that your copyrighted work has been uploaded, posted or copied to this Web Site and is accessible on this Web Site in a way that constitutes copyright infringement, please notify us by providing the Company with the following information: (1) The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf; (2) A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing; (3) identification of the URL or other specific location on this Web Site where the material or activity you claim to be infringing is located or is occurring; (4) Your name, address, telephone number and, if you have one, your e-mail address; (5) A statement by you that you have a good faith belief that users on the Web Site of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and (6) A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

Privacy

Except as otherwise expressly provided for in these Terms, your use of the Website and provision of any personal data is subject to DLVR Talent’s Privacy Policy, which is expressly incorporated into these Terms and Conditions. Your continued use of the Website constitutes your express agreement to not only these Terms and Conditions but those enumerated in the incorporated Privacy Policy.

Third Party Websites

The Website may contain links to other websites, which may or may not be controlled, operated, affiliated or hosted by DLVR Talent. Certain links are provided on the Website in order to provide visitors to our site with other points of interest or connections to our partners via the internet; the inclusion of any such link(s) on the Website does not mean nor should it be construed to mean such website is affiliated with DLVR Talent, unless such affiliation is specifically stated. We make no representations or warranties, nor do we assume any responsibility with regard to any other website that you may access through the Website.

Termination

If you fail, or if DLVR Talent suspects that you have failed, to comply with any of the provisions of these Terms and Conditions, including but not limited to failure to make payment of fees due, failure to provide accurate and complete registration data, failure to safeguard your Account information, violation of these Terms and Conditions, or infringement or other violation of third parties’ rights, DLVR Talent, at its sole discretion, without notice to you may: (i) terminate your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude your or any user’s access to the Website (or any part thereof). DLVR Talent reserves the right to modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to you, and DLVR Talent will not be liable to you or to any third party should it exercise such rights.

Export Control

The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agreed to abide by these laws and their regulations. Governing Law. These Terms and Conditions and any disputes arising out of or related to the use of the Website or these Terms and Conditions will be construed and governed in accordance with the laws of the State of California, without regard to its conflict of laws principles. All actions brought to interpret or enforce any provision of these Terms and Conditions shall be brought in the federal or state courts located in or applicable to California, and each party agrees to waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum inconvenient.

Dispute Resolution

Any controversy arising out of or relating to the use of this Website or these Terms and Conditions may at the election of either party be settled exclusively and finally by arbitration. The arbitration shall be conducted in accordance with the commercial arbitration rules created by the American Arbitration Association. All submissions to arbitration shall be made within forty-five (45) days of the date upon which the controversy to be arbitrated arose. The arbitration shall be conducted before a sole arbitrator, and under no circumstance shall punitive damages be awarded in the arbitration. Any award rendered in such arbitration proceedings shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.

Entire Agreement

These Terms and Conditions and the incorporated Privacy Policy represent the entire agreement between DLVR Talent and you with respect to the use of the Website.