Last Updated Date: Oct 31, 2024
<aside> đź’ˇ
PLEASE READ THIS TALENTWAY USER AGREEMENT AND OUR PRIVACY POLICY CAREFULLY. BY USING OUR SERVICES, YOU AGREE TO THIS USER AGREEMENT.
</aside>
Welcome to the TalentWay, Inc. (“Talentway”, “we”, “us”, or “our”)’s website located at https://app.talentway.io (the “Site”). On our Site, we offer a job-matching platform that provides, among other things, information and services for professionals who want to advance their careers.
This Talentway User Agreement applies to (1) professionals seeking to find opportunities as an employee or contractor with Businesses (as defined below) (“Members”) or (2) individual persons (e.g. managers, business counterparts, clients, decision-makers, etc.) that have been contacted by a Member to provide his/her/their review, testimonial or recommendation or share his/her/their professional experience working with the requesting Member (each such reviewing person, a “Reviewer”, and each such review, testimonial or recommendation, a “Testimonial”).
To make these Terms (as defined below) easier to read, “Users”, “you” or “your” will mean Members and Reviewers. In addition, the term “Services” means our Site, services of connecting Businesses with Members offered via the Site.
The Services are provided by Talentway, and this Talentway User Agreement is entered into by and between Talentway and User (in your capacity as a User), and together with our Privacy Policy, and any documents incorporated by reference (collectively, these “Terms”) govern your access to and use of the Services. By using our Services, you represent and warrant that you are at least 18 years of age and you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
We may modify the Terms (including the pricing) at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you must not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
These Terms will govern and control your use of the Services and interactions with the Site from the date these Terms were last updated (“Last Updated Date”) and afterward. With respect to any Contractor Opportunity (as defined below) entered into prior to the “Last Updated Date”, in the event of any conflict or inconsistency between these Terms and Flex Rep Agreement or Master Service Agreement, Statement of Work or Order Form for such Contractor Opportunity, these Terms will govern and control. For clarity, though, the pricing and payment terms, duration of the engagement and terms regarding qualified meetings or qualified deals from your Statement of Work and Order Form will still apply to such Contractor Opportunity (as those specific terms are not addressed for each applicable Contractor Opportunity in these Terms).
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “ARBITRATION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND TALENTWAY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Our Site provides a job-matching platform designed to provide Members with resources to seek opportunities as an employee or contractor with Businesses.
Professional Profile and Testimonials. Through our Site, we provide Members the ability to build their professional profile and a portfolio of their representative work. Our services allow Members to connect with their Reviewers to provide a Testimonial. Accordingly, our Members can develop their professional brand by adding Testimonials from various Reviewers to their profile.
Placement Opportunities. Talentway provides Members with an opportunity to connect with Businesses that are looking to (1) hire Members as employees (an “Employment Opportunity”) or (2) engage Members as independent contractors to provide professional services (“Professional Services”) directly to Businesses (a “Contractor Opportunity”). Members acknowledge and agree that Talentway will present their respective professional profiles to Businesses based on their search criteria, parameters and objectives and a Member’s experience, skill sets and past performance. Member may, at his/her/their discretion, agree to accept an Employment Opportunity or Contractor Opportunity.
With respect to any successful placement for an Employment Opportunity, the applicable Business will provide to Member the agreement and documentation that governs the Member’s employment arrangement with the Business (the “Employment Agreement”).
With respect to any Contractor Opportunity, these terms and conditions will apply and the applicable Statement of Work will dictate the duration and scope of the Professional Services and related pricing.