Terms of Service

Our Services

In addition to our published content on the Site, which enables Users to learn industry best practices, news, and insights, we offer the following Services:

The Marketplace

The Talivity Marketplace (the "Marketplace") allows you to search for information about technology products, services, and vendors ("Solutions"). You also can request information about and submit claims for Solutions. When you use the Marketplace, we or our third-party partners may serve you with marketing or advertisements for services based on your browsing activity or stated interest in particular Solutions. Please see the section titled "Advertisements" below for more information.

The Community

The Talivity Community (the "Community") is a place for Users to connect with each other, build communities, and network. The Community comprises a suite of online services that allow Users to:

• Connect with other individuals in the recruitment marketing or talent industry, groups, or businesses that the User is interested in.
• Communicate with others by: sharing content such as status updates, photos, and videos; sending private messages; and creating events, groups, or projects.
• Participate in fundraising events organized by Company;
• Share job offers or apply to job offers published on the Site;
• Stay up to date with industry news and activities.

By accessing and using the Community, you understand and agree to abide by our Code of Conduct, which is incorporated by reference to these Terms. Users can help ensure the safety and integrity of the Community by using our reporting tool, which allows Users to report Content and the actions of other Users that violate the Code of Conduct. Company has no obligation to monitor or moderate Content on the Community. However, Company reserves the right at all times to access, acquire, use, delete, revise, monitor, review, and remove Content on the Community in its sole discretion. Additionally, we reserve the right to suspend and/or permanently deactivate your User Account in our sole discretion.

Using Our Sites, User Conduct, and Your Content

Eligibility

You may use our Properties only if you can form a binding contract with Talivity Group, LLC in compliance with the Agreement. You must be at least 18 years old to use the Sites. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; and (b) your use of the Services is in compliance with any and all applicable laws and regulations.

User Responsibilities

You are solely responsible for your use of our Properties, for any Content you submit to us, any interactions with other Users, and for any consequences thereof. Content you submit will be viewable by other Users of the Properties and through third party services and websites.

You should only provide Content that you are comfortable sharing with others under these Terms, and that does not violate any third-party's rights of any kind, including without limitation, any intellectual property rights, rights of privacy, or publicity rights.

Licensing Agreements

User License

You retain your rights to any Content you submit to or through the Properties. By posting any Content on the Properties, however, you expressly grant, and you represent and warrant that you have all rights necessary to and do grant, to Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Properties and Company's (and its successors, assignees, or affiliates) business.

Site License

Excluding Content provided by Users Company is the owner of (or is otherwise licensed to use) all parts of the Properties, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein.

Vendor Subscription Levels

Starter Tier (Freemium)

Entry-level access activated by claiming or verifying a Vendor Profile.

• Customizable profile content
• Profile performance analytics dashboard

Pro Tier

Designed to enhance discoverability and engagement.

• Search-optimized profile to improve online visibility
• Always-on performance dashboard with buyer intent data
• Featured placement on category pages
• Competitor ads removed from your solution's profile
• Unlimited press release posts
• Social media announcement on joining
• Unlimited on-page lead generation

Growth Tier

Advanced lead generation solutions tailored to business needs.

Includes all Pro Tier features, plus lead generation options.

Privacy

We will collect, use, and share your personal information in accordance with our privacy policy located at https://talivity.com/privacy (our "Privacy Policy") which is incorporated into this Agreement by reference. Your acceptance of these terms and conditions means that you have read and agree with the terms of the Privacy Policy.

Copyright Policy

If we receive notice that Content posted is unlawful or not in keeping with the Terms or the intended use of the Site, we reserve the right to remove the material. Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA").

To file a notice of infringement with us, you must provide a written communication using the following contact information:

Warranty, Disclaimer, and Limitations of Liability

Your access to and use of the Properties or any Content is at your own risk.

THE PROPERTIES ARE AVAILABLE "AS IS": YOU UNDERSTAND AND AGREE THAT THE PROPERTIES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Legal Disputes

Applicable Law

You agree that the laws of the State of Connecticut, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Company, except as otherwise stated in these Terms.

Binding Arbitration

If you and the Company are unable to resolve a Dispute through informal negotiations, either you or the Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Judicial Forum for Legal Disputes

Unless you and we agree otherwise, in the event that the Binding Arbitration provision above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Terms or a court order, you agree that any claim or dispute that has arisen or may arise between you and Company must be resolved exclusively by a state or federal court located in Fairfield, Connecticut. You and Company agree to submit to the personal jurisdiction of the courts located within Fairfield, Connecticut for the purpose of litigating all such claims or disputes.

Statute of Limitations

You and the Company both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Properties or Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Notification of Changes to Terms of Service

Whenever we change our Terms, we will post those changes to this Terms of Service page, and other places we deem appropriate so that our Users are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. By continuing to use the Properties, you agree and accept the changes and agree to the Terms.

International Users

The Properties are based in the United States. The laws of other countries may differ regarding the access and use of the Properties, and Company makes no representations that the Properties are appropriate or available for use in other jurisdictions. Those who access or use the Properties from other countries do so at their own volition and are responsible for compliance with all applicable laws, including, without limitation, export and import regulations of the United States and other countries.

Effective Date

These Terms of Service are effective June 22nd, 2023 and shall be updated from time to time.