Last updated: September 5, 2025

INTRODUCTION

These Terms of Use (“Terms” or “Terms of Use”), together with our TalentBurst Privacy Notice, govern your access to and use of any TalentBurst branded or supported websites, web pages, mobile applications and mobile websites, including any content, features, functionality, and services offered on or through such websites, web pages or applications, including without limitation, www.talentburst.com, www.talentburstconnect.com, www.talentprocure.com, and www.talentburst.health (collectively, the “Website”), whether as a guest or registered user. Please read these Terms carefully before you start or continue to use the Website. By accessing and using the Website, whether or not you register or provide information thereon, you unconditionally accept and agree to be bound by and comply with these Terms and our Privacy Notice. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website and you should cease your use immediately.

The Website does not constitute or purport to constitute a source of advice nor does your use of the Website guarantee a job or employment relationship between you and us or otherwise.

PERMITTED USES

You acknowledge and agree that your use of the Website is made under your exclusive responsibility and at your own risk. You are responsible for making all arrangements necessary for you to access the Website and for ensuring that all other persons who access the Website through your internet connection are aware of, and comply with, these Terms.

Many portions of this Website are available for public viewing and use, but you may have to register or enter into a separate agreement with us to access other portions of the Website. If you register with us and provide user information, you confirm that it will be accurate and you grant us the right to collect, use, process, store, monitor and transmit your account and user information in connection with our services and with the operations of the Website as further described in our Privacy Notice. You also agree to treat such information as confidential.

Subject to these Terms, the terms and conditions of any applicable license or other agreement and applicable law, TalentBurst hereby grants you permission to:

• View and use for the intended purposes those portions of the Website to which we have granted you access for your personal use;
• If we provide applications for download, you may download one single complete, unaltered electronic copy (and/or one complete, unaltered paper copy of any page on this Website to which we have granted you access), provided you do not remove any copyright, trademark and other proprietary rights notices and that you use it solely for personal use and do not distribute or republish it;
• Submit job applications and otherwise sign up for our services, subject to payment of all applicable charges and agreement to the terms and conditions of any other agreement associated with those services; and
• Use any website links, discussion forums, contact lists and e-mail links to which you have been granted access to navigate the Website and internet and to interact with us and other users of our Website in accordance with these Terms.

If you wish to make any other use of the materials on this Website other than as set forth above, please contact us in writing at legal@talentburst.com.

PROHIBITED USES

The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not:

• Impersonate or attempt to impersonate TalentBurst or its employees, representatives, affiliates or divisions, such as by using e-mail addresses from our Website.
• Misrepresent your identity or affiliation with any person or entity.
• Make unsolicited offers or proposals to other users or send or attempt to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material, to other users.
• Engage in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability.
• Engage in harassing, discriminatory, or defamatory conduct or to defraud other users.
• Use the Website in any manner that could disable, overburden, damage or impair the Website.
• Use any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website.
• Use any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose.
• Use or upload any device, software, means or routine that interferes with the proper working of the Website, including but not limited to malware, spyware, viruses, trojan horses, worms, logic bombs, time bombs, or other such materials or computer code that could damage or alter a computer device, computer network, communication, network servers or any other system, device or property.
• Upload or otherwise make available files that contain images, photographs, software or other materials protected by copyright, trademark or other intellectual property laws or rights of privacy, unless you own or control those rights or have received necessary consent to do so.
• Use the Website or our services to download any file posted by us or another user that you know, or reasonably should know, cannot be legally reproduced, displayed, performed or distributed in this manner.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website.
• Attempt to attack or attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
• Access, use or register on the Website for any commercial, malicious or harmful purposes or in any way that violates any applicable federal, state, local or international laws, rules or regulations.
• Modify copies of any materials from the Website.
• Use the Website in any other way that violates these Terms of Use.
• Encourage or enable another individual to do any of the foregoing.

We reserve the right to take any and all legal action we deem appropriate if we become aware of conduct that we believe, in our sole discretion, does not conform to the requirements of these Terms. This includes, without limitation, termination of your account or refusal of services to you, without prior notice; the requirement that you return or destroy any copies of the materials you have made, at our option; and referral of your misconduct to law enforcement.

LINKS TO THIRD PARTY WEBSITES

This Website may contain hyperlinks to websites operated by third parties and not by us, such as links contained in advertisements, including banner advertisements and sponsored links. We provide such hyperlinks, if any, for your reference and convenience only. We do not control such content or websites, we have not carefully reviewed all of the sites linked to the Website, and are not responsible for their content, accuracy, or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators and you access them entirely at your own risk.

NO WARRANTIES

THIS WEBSITE IS PROVIDED “AS IS,” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE). We are under no obligation to check the accuracy of the Website or its contents and do not guarantee the usefulness, completeness, accuracy, or relevance of the Website or its content. To the extent permissible by law, we do not warrant or represent that the Website and its content is error-free or reliable or that use of the Website and its contents will not infringe on rights of third parties. Nor do we represent or warrant the functional aspects of the Website. Use of the Website and its content is at your own risk.

We assume no liability and expressly disclaim any and all liability for the availability, errors or inaccuracies of the information, products or services provided on this Website and for any loss of use, interruption of business, lost profits or lost data, regardless of the form of action. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

DAMAGES AND LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TALENTBURST (OR ITS AFFILIATES AND REPRESENTATIVES) BE LIABLE FOR ANY LOSS, INJURY OR DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OT OTHERWISE, REULSTING FROM OR ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS TO OR USE OF THE WEBSITE OR ARISING OUT OF OR RELATED TO THESE TERMS OF USE EVEN WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS AGAINST TALENTBURST (AND ITS AFFILIATES AND REPRESENTATIVES).

INDEMNIFICATION

You agree to indemnify and hold harmless TalentBurst and its affiliates, officers, directors, employees, licensees, agents and representatives, from and against any and all claims, actions and damages (including reasonable attorneys’ fees and costs) that are related to result from your violation of these Terms and use of the Website. You agree to cooperate fully in the defense of any such claim or action and we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

OUR INTELLECTUAL PROPERTY

Unless indicated otherwise, all contents, features and functionality of this website are owned by TalentBurst and/or its licensors, affiliates and other content providers, and TalentBurst and such persons reserve all rights with respect to this Website's content. The contents of this Website, including images, text, data, software, photographs, graphics, videos, music, sounds and other information, and the overall layout, look and feel of the Website, are protected by United States and international copyright, trade secret, trademark and other applicable intellectual property or privacy laws. These Terms permit you to use the Website for your personal non-commercial use only. The Website’s contents may not be distributed, downloaded, reproduced, copied, displayed, transmitted, modified, reused, removed, reposted, incorporated into derivative works or otherwise used except as provided herein without the express written permission of TalentBurst. Any other use, or any misuse, of such contents is prohibited contractually by these Terms and may violate applicable copyright, trademark, communications and other intellectual property or privacy laws.

DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) TAKE DOWN PROCEDURES

We respect the intellectual property rights of others and it is our policy to respond to any claim that content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity. If you believe in good faith that the content infringes on your or a third party’s intellectual property rights, you or your agent may send us a written notice of such infringement to legal@talentburst.com and titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
• A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
• Your name, email, address and telephone number; and
• A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights, or the intellectual property rights of others, by the content on this Website.

GOVERNING LAW AND DISPUTE RESOLTION

These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of laws provisions. Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Middlesex County, Massachusetts. YOU AND TALENTBURST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

WAIVER, SEVERABILITY AND ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

These Terms and our Privacy Notice constitute the sole and entire agreement between you and TalentBurst with respect to the Website and supersede all prior or contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

CHANGES TO THESE TERMS

We reserve the right to modify these Terms of Use in our sole discretion at any time. We will notify you immediately of making any changes to these Terms by posting them to this Website, at which point in time the changes will become effective. Please check these Terms regularly to become aware of any changes and ensure you agree to them. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. If you do not consent to any such changes to these Terms, you may discontinue your use of our Website.

WEBSITE HOSTED IN UNITED STATES

This Website is hosted and operated in the United States of America. TalentBurst makes no representation or warranty that the information or services on this Website are appropriate or available for use in other locations, and access to this Website from territories where its contents may be illegal is prohibited. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

ACCESSING THE WEBSITE

We reserve the right to modify or withdraw the Website and service or material we provide on the Website, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Website to visitors, including registrants.

You are responsible for making all arrangements necessary to access the Website. TalentBurst works to make its Website accessible to all, including those with disabilities. If you are having difficulty accessing this Website, please email us at legal@talentburst.com so that we can provide you with the services you require through alternative means.

QUESTIONS AND CONTACT

If you have any questions or concerns about these Terms of Use, please contact us at 679 Worcester Street, Natick, MA 01760; legal@talentburst.com.