TalentRooster.com
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ENROLLING AND USING THIS WEBSITE AND THE SERVICES OF TALENTROOSTER, YOU, AS CANDIDATE, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. TALENTROOSTER RESERVES THE RIGHT TO REVISE THIS AGREEMENT AT ANY TIME BY UPDATING THIS WEBSITE. IF YOU ACCESS THIS WEBSITE AT ANY TIME AFTER CHANGES ARE MADE TO THIS AGREEMENT, YOU AGREE TO BE BOUND TO THOSE CHANGES.
By engaging TalentRooster.com ("TalentRooster"), you (the "Candidate") agree to the following terms and conditions:

1. Services:
TalentRooster is an internet-based employee candidate resume and video posting search tool. The services TalentRooster provides assist job candidates and TalentRooster’s employer clients in attempting to find suitable matches for employment and job opportunities. TalentRooster in conjunction with third party staffing firms will conduct and professionally produce a video interview and resume in which the Candidate will showcase his/her experience, skills and job qualifications (the “Video Profile”). The Video Profile will be posted to TalentRooster’s searchable database where employers and third party staffing firms will have the opportunity to quickly review the Candidate’s information and Video Profile

2. Candidate Responsibilities:
Candidate’s use of TalentRooster is for the sole purpose of posting his/her Video Profile for consideration by potential employers. Candidate is responsible for the accuracy of all information contained in Candidate’s Video Profile and agrees that he/she will not impersonate any person or submit information that is false, inaccurate, misleading, unlawful, or otherwise in violation of Candidate’s obligations under this Agreement or applicable law. Candidate’s Video Profile must not contain: (1) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; (2) anything that is embarrassing or offensive to another person or company; or (3) any trade secrets or material that infringe on or misappropriate any other intellectual property rights, or violates the privacy or publicity rights of others.


4. Employment Notification:
Candidate agrees to notify TalentRooster or the Candidate’s Staffing Firm within five (5) days of accepting any verbal or written offer of employment or engagement as an independent contractor (whether temporary or permanent), including the name, address, and contact information for such employer.

5. Verification Authorization:
Candidate grants TalentRooster (and its designees, including the Candidate’s Staffing Firm) the right to conduct background checks, reports, and tests on Candidate, including but not limited to criminal and civil background checks, social security verification, driver’s license verification, drug tests, and credit reports, and to verify Candidate information. TalentRooster reserves the right to terminate this agreement and remove Candidate’s Video Profile from its database and website for any reason whatsoever and TalentRooster retains complete and absolute discretion for taking any such action. Such reasons may include, but are not limited to, TalentRooster determining that any information about Candidate is misrepresented or untruthful or if Candidate violates applicable laws, rules or regulations or violates the terms of this Agreement.

6. Authorization:
Candidate grants to TalentRooster, TalentRooster’s designees, and their respective affiliates the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, copy, reproduce, modify, adapt, publish, translate, communicate, display, create derivative works, and distribute the Candidate’s information and Video Profile (in whole or in part) worldwide or to incorporate it in other works in any form, media or technology now known or later developed, without restriction or compensation. Candidate shall be solely responsible for the content of the Video Profile and the consequences of posting or publishing it. Candidate hereby affirms, represents, and/or warrants that: Candidate owns or has permission to use, and hereby authorizes TalentRooster to use, all patent, trademark, trade secret, copyright, other proprietary rights, and content utilized in making or incorporated into the Video Profile; none of the content of the Video Profile will infringe upon any rights of any third party.

7. Website Access:
As a registered user of TalentRooster, Candidate may receive or establish an account permitting access to TalentRooster’s website and database (the “Website”). Candidate is solely responsible for maintaining the confidentiality and security of his/her account and for all activities that occur on or through the account. Candidate’s continued access to the Website shall be in accordance with and subject to the following:

(a)
Candidate will not provide his/her account access (including any account password or other security information) to the Website to any third party. Candidate is responsible for any damages that occur due to the use of Candidate’s account or Candidate’s loss of control over the account. If Candidate’s account security is compromised in any manner, Candidate agrees to notify TalentRooster immediately.

(b)
Candidate may not use the Website for any purposes other than as a candidate seeking employment and job opportunities, including but not limited to using the information in the Website to sell or promote any products or services.

(c)
Candidate shall not use the Website for anything illegal, misleading, inaccurate, untimely, demeaning, harassing, vulgar, tasteless, or unrelated to employment. Candidate shall not probe, attack, hack, decipher, copy the Website, or use any means to disrupt or harm the operations of the Website.

(d)
All Website services and content are owned or authorized by TalentRooster. The text, web pages, graphics, images, logos, layouts, data, and other site content (the “Site Content”) are the sole property of TalentRooster. Candidate shall not copy or adapt the Site Content nor may Candidate modify, reprint, republish, reproduce, distribute, or sell the Site Content without the express written consent of TalentRooster.

8. No Guarantee:
Neither TalentRooster nor any third party staffing firm guarantees Candidate that any employer will consider his/her Video Profile for any job opportunity or hire Candidate for any position.

9. Disclaimer:
TalentRooster acts as a passive conduit for the online distribution and publication of Video Profiles. TalentRooster is not involved in the actual transaction between employers and candidates (except for the payment of an employee placement fee) and has no control over the equality, safety, or legality of jobs that may be offered, or the ability of employers to offer job opportunities to Candidate. TalentRooster makes no representations about and Candidate agrees that TalentRooster is not responsible or liable for the actions or omissions of any employer, including but not limited to those that occur during the interviewing and hiring process, or any employment position that Candidate may interview for, accept or reject.

10. Indemnification:
Candidate agrees to indemnify, defend, and hold harmless TalentRooster, its affiliates, the third party staffing firm through which Candidate engaged TalentRooster, and all of their respective officers, agents, directors, trustees, and employees from an acts, claims, liabilities, lawsuits, and other actions relating to or arising out of any act or omission of the Candidate, the Video Profile, any breach of any representation, warranty, or covenant contained in this Agreement, or any temporary or permanent contract or employment arising out of the transaction contemplated by this Agreement.

11. Governing Law and Forum:
This Agreement is governed and is to be construed in accordance with the laws of the State of Ohio without giving effect to its principles of conflicts of laws. Any dispute, controversy or claim arising out of, in connection with, or in relation to this Agreement or the breach of any of the provisions hereof or concerning any or all relations between the parties hereto shall be settled by arbitration in Columbus, Ohio pursuant to the Commercial Rules of the American Arbitration Association. Any award shall be final, binding, and conclusive upon the parties and a judgment rendered thereon may be entered in any court having competent jurisdiction thereof. Notwithstanding the above, multiple and/or punitive damages may not be awarded in any arbitration held pursuant to this provision and Candidate waives any right to arbitrate any claims on a class basis.

12. NO WARRANTY:
TALENTROOSTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATING TO CANDIDATE’S USE OF TALENTROOSTER’S SERVICES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND; AND, IN ADDITION, ESPECIALLY MAKES NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OF SERVICES OR PRODUCTS, OR EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL TALENTROOSTER BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, GENERAL OR SPECIAL, OR PUNITIVE, RESULTING DIRECTLY OR INDIRECTLY FROM CANDIDATE’S USE OF TALENTROOSTER’S SERVICES. TALENTROOSTER’S LIABILITY, IN THE EVENT OF ANY LOSS OR DAMAGE, SHALL BE LIMITED TO FEES, IF ANY, PAID TO TALENTROOSTER BY CANDIDATE.

13. Termination:
TalentRooster reserves the right to modify, suspend, or discontinue the services of TalentRooster (or any part or content thereof) at any time with or without notice to Candidate, and TalentRooster will not be liable to Candidate or to any third party should it exercise such rights.

14. Amendment:
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof superseding any prior agreements between the parties hereto. TalentRooster reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify the terms and conditions of this Agreement or provide additional usage requirements in its sole discretion at any time by posting a revised version hereof or by otherwise making such revised terms available for review by Candidate. Any such modifications will supersede all prior versions after the revised version has been posted or otherwise made available as described above. Candidate’s continued use of the services of TalentRooster after posting or availability constitutes Candidate’s agreement to the revision.


(Revised 02/11)