These terms and conditions of use ("Terms of Use") govern your use of our online interfaces and properties owned and controlled by Talent Select AI ("Company"), including https://studentselect.ai and https://www.talentselect.ai (collectively, the "Site"), and mobile applications (collectively, the "App" and together with the Site, the "Service"). Your compliance with these Terms of Use is a condition to your use of the Site and App.
Binding Arbitration. These Terms of Use provide that all disputes between you and Company that in any way relate to these Terms of Use or your use of the Site and App will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Please review Section 17 for details regarding your agreement to arbitrate any disputes with Company.
1. Ownership of the Site, App and Content
All pages within the Site and App, all Content, and any other material made available for use or download are the property of Company, or its licensors or suppliers, as applicable. The Site and App are protected by United States and international copyright and trademark laws. The contents of the Site and App may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by Company.
2. App License
Subject to your compliance with these Terms of Use, Company grants you a non-exclusive, non-sublicensable, non-transferable, revocable, limited license to use the App and Company software related to the Service solely on devices that you own or manage. You may not use the Service for any purpose that is illegal or potentially harmful to another party, including Company. Any rights not expressly granted herein are reserved by Company.
3. Software Updates
In connection with providing the Service, Company may elect to update the software of the App at any time. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of software. You agree that Company may automatically deliver such updates to you as part of the Service and you shall receive and install them as required. All updates will be deemed part of the Service and will be subject to these Terms of Use.
4. Third Party Content
The Service may contain or otherwise incorporate the use of portions of content being the sole property of third parties that Company does not control. You acknowledge that different terms of use and privacy policies may apply to your use of any such content. Company does not endorse such third-party content and in no event shall Company be responsible or liable for any products, software or services of such third party providers.
5. Network Access; Text Messaging; Service Provider
You are responsible for obtaining the data network access necessary to use the Service. By using the Service and providing your cellular telephone number, you consent to receive periodic text messages regarding the Service. Message and data rates of your mobile network provider may apply. For assistance, please contact us at support@talentselect.ai.
6. Site and App Access, Security and Restrictions; Passwords
You are prohibited from violating or attempting to violate the security of the Service, including accessing data not intended for you, attempting to probe or test the vulnerability of a system or network, or accessing the Service without authorization.
You may not use any scraper, crawler, spider, robot or other automated means to access or copy data on the Site or App. You may not decompile, disassemble, or reverse engineer any object code that is part of the App.
In order to use certain aspects of the Service, you must register for and maintain an active personal user account. You agree to maintain accurate, complete, and up-to-date information in your Account and to maintain the security and secrecy of your Account username and password at all times.
7. Accuracy and Integrity of Information
Although Company attempts to ensure the integrity and accuracy of the Site and App, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site, App and Content thereon. It is possible that the Site or App could include typographical errors, inaccuracies or other errors. In the event that an inaccuracy arises, please inform Company so that it can be corrected.
8. Termination of Access; Removal of Content or Features
In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your Account, or all or a portion of your access to the Service, at any time with or without notice in the event you have breached these Terms of Use or such action is necessary to prevent harm to any party or liability to Company.
9. Typographical Errors
The Site or App may include inaccuracies or errors. Company does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of an interview opportunity displayed by or otherwise accessible in connection with the Service. Company expressly reserves the right to correct any pricing errors or descriptions on the Site or App.
10. Payments
If you are a business who has contracted for our Services, you may be able to purchase our Services through the Site and App. We will collect your payment information and immediately transmit such information to Authorize.net to process your payment for our Services. We will not retain any of your payment information on our systems.
11. Export Policy and Restrictions
By downloading or using technology or software in connection with the Service, you agree to abide by the applicable laws, rules and regulations — including, but not limited to the Export Administration Act and the Arms Export Control Act — and you represent and warrant that you will not transfer the software or technology to a foreign national or a foreign destination in violation of applicable law.
12. Links to Other Sites
Company makes no representations whatsoever about any other website that you may access through this Site and App. When you access a non-Company website, please understand that it is independent from Company, and that Company has no control over the content on that website. A link to a non-Company website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked website.
13. User Generated Content, Reviews, Feedback and other Postings to the Site or App
If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images, or other materials to us or the Site or App ("User Generated Content"), you agree not to provide any User Generated Content that is defamatory, abusive, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity.
Subject to applicable laws and regulations, Company shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner Company desires, including without limitation, to copy, modify, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content.
14. Claims of Copyright Infringement
Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement. To report alleged copyright infringements, please send a notice to our Copyright Agent with the following information:
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing.
- Provide your mailing address, telephone number, and email address.
- Include statements of good faith belief and accuracy, under penalty of perjury.
- Provide your full legal name and your electronic or physical signature.
Talent Select AI — Attn: Copyright Agent
TSAIOP LLC
67 Higley Road, Suite 103-202
Gilbert, AZ 85296
15. Disclaimer of Site and App Warranties
COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE OR APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR APP WILL BE CORRECTED. THE SITE AND APP, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN EACH OR ANY SITE-RELATED OR APP-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, AND TITLE/NON-INFRINGEMENT.
16. Limitation of Liability Regarding Use of Site and App
COMPANY AND ANY THIRD PARTIES MENTIONED ON THE SITE OR IN THE APP ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE APP, SITE-RELATED OR APP-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, THE APP, AND/OR ANY LINKED WEBSITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THE SERVICE IS $100 (ONE HUNDRED DOLLARS).
17. Dispute Resolution; Arbitration Agreement
We will try to work in good faith to resolve any issue you have with the Service if you bring that issue to the attention of our customer service department.
You and Company agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Service shall be determined by binding arbitration instead of in courts of general jurisdiction. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury or to participate in a class action.
If you desire to assert a claim against Company and elect to seek arbitration, you must first send to Company, by certified mail, a written notice of your claim to:
Talent Select AI
TSAIOP LLC
67 Higley Road, Suite 103-202
Gilbert, AZ 85296
YOU AND COMPANY 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 PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If this Agreement to Arbitrate provision is found to be unenforceable, then exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Milwaukee, Wisconsin.
18. Additional Apple Terms
The following additional terms and conditions apply with respect to the Service if used on an Apple iOS-powered mobile device:
- You acknowledge that these Terms of Use are concluded between you and Company only, and not with Apple. Company, and not Apple, is solely responsible for Company's iOS App and the services and Content available thereon.
- Your license to use the iOS App is limited to an Apple iOS-powered mobile device that you own or control and your use shall be subject to the Usage Rules in Apple's then-current App Store Terms of Service.
- Apple shall have no obligation to provide maintenance and support services with respect to Company's iOS App.
- To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Company's iOS App.
- Company, and not Apple, is responsible for addressing any claims by you or any third party relating to Company's iOS App.
19. Additional Google Play Terms
The following additional terms and conditions apply with respect to the Service if used on an Android-powered mobile device:
- You acknowledge that these Terms of Use are concluded between you and Company only, and not with Google, Inc. ("Google").
- Your use of the Android App shall be subject to the then-current Google Play Terms of Service.
- Google Inc., as provider of Google Play, shall have no obligation or liability to you with respect to the Android App or these Terms of Use.
- Google is a third-party beneficiary to the Terms of Use applicable to the Android App.
20. Revisions; General
Company reserves the right, in its sole discretion, to terminate your access to all or part of the Service, with or without cause, and with or without notice. These Terms of Use constitute the entire agreement between Company and you pertaining to the subject matter hereof. In its sole discretion, Company may from time-to-time revise these Terms of Use by updating this posting. Your continued use of the Service after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use.