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Terms Of Use |
| 1. |
Talent Burst's INTELLECTUAL PROPERTY RIGHTS |
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| 1.1. |
Copyrights: All of the content of this WEBSITE, including text, art, graphics, logos, button icons, images, pictures, audio clips, and software is the property of TalentBurst , our members, partners, or content providers and is protected by U.S. and international copyright laws. Except as granted in the limited license below, any other use of such content, including modification, transmission, presentation, distribution, or republication is prohibited without the express prior written consent of TalentBurst . |
| 1.2. |
Trademarks: All trademarks, trade names, logos, brand names, and service marks of TalentBurst , whether registered or unregistered, are the property of TalentBurst and are protected by U.S. and international trademark laws. Except as granted in the limited license below, any use of these assets is prohibited without the express prior written consent of TalentBurst . In no event may any such assets be used in connection with any product or service that is not TalentBurst 's, in any manner that is likely to cause confusion or in any manner that disparages or discredits TalentBurst . All other trademarks, trade names, brand names, company names and/or logos appearing on this WEBSITE are the property of their respective owners. |
| 1.3. |
Patents: All patents and patent applications of TalentBurst are the property of TalentBurst and are protected by U.S. and international patent laws. Any use of these patented or patentable assets is prohibited without the express prior written consent of TalentBurst . |
| 1.4. |
Limited License: Subject to these Terms of Use, TalentBurst grants you a limited, revocable, non-exclusive, and non-transferable license to download the material on this WEBSITE solely for your personal, non-commercial use. If you violate any provision of these Terms of Service, your permission to access this WEBSITE and to use such material automatically terminates and you must immediately destroy any copies you have made of any portion of such material. |
| 1.5. |
Restrictions on Use: As a condition to your use of the TalentBurst WEBSITE and services, you agree you will not: (i) use the TalentBurst WEBSITE or services to infringe the intellectual property rights of others in any way; (ii) use the TalentBurst WEBSITE or services, or attempt to penetrate, modify or manipulate the TalentBurst WEBSITE or services or any of the hardware or software thereof, in order to: invade the privacy of, obtain the identity of, or obtain any personal information about any other user of the TalentBurst WEBSITE or services; (iii) attempt to access information that is not otherwise deliberately made available to you through the TalentBurst WEBSITE or services; (iv) modify, erase or damage any information contained on the computer of any user connected to the TalentBurst WEBSITE or services; or (v) reverse engineer any portion of the TalentBurst WEBSITE or services. This WEBSITE or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purposes not expressly permitted in writing by TalentBurst . |
| 1.6. |
Third-Party Licenses: You agree that you will not upload or transmit any communication or content of any type that infringes or violates any rights of any person. |
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| 2. |
LEGAL REQUESTS
Talent Burst
cooperates with law enforcement inquiries as a matter of policy. We will use IP addresses and other available information to attempt to identify a user when we are legally compelled to do so or when we feel it is necessary to protect our services, sites, customers, or others. |
| 3. |
DISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES
YOU AGREE THAT YOUR USE OF THE TalentBurst SITE IS ENTIRELY AT YOUR OWN RISK AND THAT ALL SERVICES OF TalentBurst THAT MAY BE RENDERED THROUGH THE Talent Burst SITE ARE PROVIDED "AS AVAILABLE" AND "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTIBILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TalentBurst DOES NOT WARRANT THAT ANY SERVICE PROVIDED THROUGH THE TalentBurst SITE WILL BE UNINTERRUPTED OR ERROR FREE. NOR DOES TalentBurst WARRANT THAT ITS SERVICES WILL BE FREE FROM COMPUTER VIRUS STRAINS. TalentBurst 'S SERVICES MAY INCLUDE INFORMATION, PRODUCTS, MATERIALS, AND OTHER SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE, INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, JAVA SCRIPT, AND COOKIES.
TalentBurst AND ITS AFFILLIATED SOCIETIES HEREBY DISCLAIM ANY LIABILITY TO YOUR OR ANY OTHER PARTY FOR ANY BREACH OF ANY ALLEGED WARRANTY OF TalentBurst , EVEN IF TalentBurst OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TalentBurst MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THIS WEBSITE OR THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN.
TalentBurst MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY USE, ACTION, OR APPLICATION OF ADVICE BY ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH TalentBurst OR BY ANY PARTNER OR MEMBER OF THE TalentBurst NETWORK OR CONSULTANT LOCATED THROUGH THE TalentBurst NETWORK.
TalentBurst DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON THIS WEBSITE ARE ACCURATE, RELIABLE, COMPLETE, OR CURRENT. |
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Limitation of Liability: TalentBurst , ITS AFFILIATED PARTNERS AND PROFESSIONAL SOCIETIES AND EACH RESPECTIVE ORGANIZATION'S DIRECTORS, MANAGERS, OFFICERS AND EMPLOYEES HEREBY DISCLAIM ANY LIABILITY TO YOU FOR THE USE OF THE TalentBurst SERVICES AVAILABLE THROUGH THIS SITE AND FOR ANY CLAIMS RELATING TO ALLEGATIONS OF PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ANY SERVICE OFFERED THROUGH THIS WEBSITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEBSITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TalentBurst IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME.
AS ANY ALLEGATION OF DAMAGES WOULD BE DIFFICULT IF NOT IMPOSSIBLE TO DETERMINE YOU AGREE THAT THE TOTAL LIABILITY OF TalentBurst FOR ACTUAL DAMAGES SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO TalentBurst DURING THE TWELVE MONTHS PRECEING THE EVENT GIVING RISE TO SUCH ALLEGATIONS OF LIABILITY, OR IF NO AMOUNTS HAVE BEEN PAID BY YOU, ONE THOUSAND DOLLARS ($1,000). IN NO EVENT SHALL TalentBurst , NOR ANY OF ITS MANAGERS, EMPLOYEES, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR ANY SERVICE, PRODUCT OR INFORMATION OFFERED OR PURCHASED THROUGH THIS WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.
WHEN USING THE TalentBurst SERVICES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF TalentBurst AND ITS SUPPLIERS. ACCORDINGLY, TalentBurst ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE TalentBurst SERVICES. |
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| 4. |
NOTICESOF ALLEGED INFRINGEMENT OF COPYRIGHT
TalentBurst respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder's rights.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office WEBSITE), TalentBurst will respond expeditiously to claims of copyright infringement committed using the TalentBurst service that are reported to TalentBurst 's legal counsel (see contact information below). If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by completing a notice form and delivering it to TalentBurst 's legal counsel: |
| 5. |
GOVERNING LEGAL PROVISIONS |
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| 5.1. |
Governing Law and Jurisdiction: These Terms of Service will be governed by Massachusetts law for all purposes, including WEBSITE and services use and product purchases, without regard to or application of choice of law rules or principles. You hereby consent to the jurisdiction and venue of the courts of Massachusetts. You should be aware that some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion for incidental or consequential damages which are contained in this Agreement. By agreeing to be bound by these Terms of Service you may be waiving legal rights which could be available to you in another jurisdiction. |
| 5.2. |
Third-Party Links: TalentBurst does not endorse the content on any third-party WEBSITEs. TalentBurst is not responsible for the content or result of any dealings with third parties who advertise on this site. Your use of third-party WEBSITEs is at your own risk and subject to the terms and conditions of use for such WEBSITEs. TalentBurst does not endorse any product advertised on this WEBSITE nor does TalentBurst endorse manufacturer or other claims about the efficacy of these products. |
| 5.3. |
Export Laws: The U.S. 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 agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any materials or information derived from the WEBSITE to either a foreign national or a foreign destination in violation of such laws. |
| 5.4. |
Indemnification: You agree to indemnify, defend, and hold harmless TalentBurst , its officers, directors, employees, agents, licensors, suppliers, and affiliates from and against any claims, actions or demands, liabilities, and settlements, including but not limited to, reasonable legal and accounting fees resulting from, or alleged to result from, your violation of these Terms of Service or any activity related to your account (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing TalentBurst using your account. |
| 5.5. |
International Laws: TalentBurst is based in the State of Massachusetts in the United States of America. TalentBurst makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the TalentBurst content and services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. |
| 5.6. |
Entire Agreement: These Terms of Service and all other legal notices (including but not limited to the Privacy Policy) posted by TalentBurst on this WEBSITE constitute the entire agreement between you and TalentBurst with respect to the use of the TalentBurst WEBSITE and services. Your use of the TalentBurst services is also subject to the TalentBurst Privacy Policy. In the event of a conflict in the terms of service relating to the various TalentBurst services, this document will control. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. |
| 5.7. |
Waiver: Our failure to exercise or enforce any right or provision of the Terms of Service or other legal notices posted by TalentBurst on this WEBSITE shall not constitute a waiver of such right or provision. No waiver of any of these Terms of Service or of any other legal notices posted by TalentBurst on this WEBSITE shall be deemed a further or continuing waiver of such term or condition or any other term or condition. |
| 5.8. |
Severability: If any provision of the Terms of Service or of any other legal notices posted by TalentBurst on this WEBSITE is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service should remain in full force and effect. |
| 5.9. |
Modification: Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service or of any other legal notice posted by TalentBurst on this WEBSITE. |
| 5.10. |
Assignment: TalentBurst may assign its rights and duties under this Agreement to any party at any time without notice to you and/or your approval. |
| 5.11. |
Headings: The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. |
| 5.12. |
Notices: If you have questions or comments regarding this WEBSITE, please contact us at info@TalentBurst.com,
or by mail at
"The Meadows"
161 Worcester Road
Suite 630
Framingham, MA 01701
[P] 508-628-7500
[F] 508-628-7510 |
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