Terms of Service

Welcome to TalentCove! By registering and using our services, you accept these Terms. If you do not agree to these Terms or you do not comply with these provisions, you may not use the Service or Services.

TalentCove reserves the right, in its sole discretion, to change, modify, or otherwise alter these Terms at any time. Any modifications will be effective when TalentCove posts the modified Terms on our web site. We ask that you review the Terms periodically. Your continued use of the Service, or any materials or services accessible through it, means you accept future modifications. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

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  1. Description of Service. TalentCove provides a set of productivity and performance management mobile applications, web site and services (all referenced as the "Service") from TalentCove Inc. ("TalentCove"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. TalentCove disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. TalentCove also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

  2. License and Service Access By your acceptance of these terms, TalentCove grants you a limited, non-exclusive, non-assignable, non-transferable license to access and use the Services. You may not download (other than page caching), or modify any portion of the Service, except with TalentCove‘s express written consent. The license to use the Service does not include any resale or commercial use of the Service or its contents; or any derivative use of this Service or its contents; or any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on this Service for any commercial purpose. By using the Service, you warrant to TalentCove that you will not use the Service, or any of the content obtained from the Service, for any purpose that is unlawful or prohibited by these Terms. TalentCove does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on the Service. The compilation of the content on the Service remains TalentCove‘s property, and "look" and "feel" of the Service, including its layout, design, and graphic elements, are also protected by TalentCove‘s trademarks, service marks, and copyrights. If you violate any of these Terms, your permission to use the Service automatically terminates.

  3. Your Responsibilities First and foremost, you must be 13 years or older to use the Service. If you are younger than 13, please find another Service to access with more music, games, and flashing lights! If you are over 13, in consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, if applicable; (b) maintain and update this information to keep it true, accurate, current and complete; and (c) comply with all applicable regulation in posting any content to the Service, including without limitation regulation pertaining to third party proprietary rights, trade secret rights, copyrights and trademarks. If any information provided by you is in violation of these Terms, TalentCove has the right to terminate your account without notice and refuse you all current or future use of the Service. You agree not to resell or transfer the Service or use of or access to the Service. Your registration information, including login information, may not be misleading, infringing, profane, or otherwise inappropriate. You may not share any login information with anyone, including password information. Although we reserve the right, to the extent permitted by law, to verify your registration information, TalentCove cannot make any representation about the truthfulness, accuracy, current nature or completeness of your registration information; doing so is entirely your responsibility.

  4. Content of the Service. TalentCove takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does TalentCove have any obligation to monitor such third party content. TalentCove reserves the right, at all times, to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. TalentCove also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of TalentCove, its users and the public. TalentCove will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

  5. TalentCove Intellectual Property Rights The Service and all right, title and interest in and to the Service is the sole property TalentCove or its licensors, and is protected by United States and foreign patent, copyright, trademark and other regulations. Except for the limited license granted to you in these Terms, TalentCove reserves for itself all other rights, title and interest. This means that you may not reproduce, modify, display, sell, or distribute any Service content or use it in any other way for public or commercial purpose except with TalentCove‘s express written consent. While we cannot anticipate every prohibited use, this prohibition includes without limitation: (a) adapting, altering, modifying, decompiling, translating, disassembling, or reverse engineering the TalentCove Platform or any component thereof, including without limitation, the source code and any other underlying ideas or algorithms; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Service other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); (c) aggregating, copying or duplicating in any manner any of Service‘s content; (d) creating license keys for the TalentCove Platform; (e) copying, transferring, sublicensing, loaning, selling or leasing the TalentCove Platform; or (f) shipping, transferring, exporting or importing the TalentCove Platform or any component thereof into any country, or using the TalentCove Platform in any manner prohibited by any export or import control laws , restrictions, or regulations administered by the U.S. Commerce Department‘s Bureau of Export Administration, the U.S. Department of Treasury‘s Office of Foreign Assets Control, or any other applicable government agency.

  6. Your Intellectual Property You own all intellectual property rights in the content that you submit to the Service, including the logos and company trademarks that you may submit to the Service as part of your work (collectively the "Posted Content.") You hereby grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use your Posted Content in order to make the Service and its features available to other users, subject to the settings you select on the Service when you submit Posted Content and to the terms of this Terms of Use and our Privacy Policy. You represent and warrant that you either own, or have all rights and permissions, necessary to submit your posted content, and that you have the authority to bind your company or workplace, if you are submitting Posted Content on their/its behalf, to enter into this Terms of Use.

  7. Electronic Communications When you use the Service or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. You are responsible for providing, at your expense, any access to the Internet and any equipment needed to do so.

  8. Conduct By using the Service you agree that you will not do any of the following:

    1. Restrict or inhibit any other user from using and enjoying the Service; or Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute criminal or tortuous activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export and import control laws and regulations; or Violate the anti-discrimination provision(s) of the applicable jurisdiction in which an applicant or job is located, including the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract; or
    2. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by TalentCove) or engage in spamming or flooding; or
    3. Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
    4. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
    5. Impersonate or attempt to impersonate another user of the Service, or use another‘s account or registration information to access the Service, or permit a third party to use your account or registration information; or
    6. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright or trademark, or other proprietary right or trade secrets, or derivative works of the above, without obtaining express prior permission of the copyright owner or right holder.
    7. TalentCove has no obligation to monitor the Service. However, you acknowledge and agree that TalentCove has the right to reject, refuse to post, or delete any Service content from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request or legal process, to operate the Service properly, or to protect itself or its subscribers. TalentCove will not intentionally disclose any private electronic-mail message unless required by legal process. TalentCove reserves the right to monitor the Service‘s content at random, and to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms. To report a violation of these Terms, please email support@talentcove.com
  9. The Digital Millennium Copyright Act ("DMCA") TalentCove respects third party intellectual property rights and will respond to claims of copyright or other intellectual property infringement in accordance with the DMCA and other applicable regulations. TalentCove may take any and all action in compliance with the DMCA or other copyright regulation, including removal of user-posted content and termination of access to the Service.

  10. To notify TalentCove of an infringement, you must provide a written communication to the attention of support@talentcove.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the posting user. If you feel that your material does not constitute infringement, you may provide TalentCove with a counter notification by written communication sent to support@talentcove.com that sets forth all of the necessary information required by the DMCA. See (http://www.copyright.gov/title17/92chap5.html#512) for that information.

  11. Suggestions TalentCove may provide you with a mechanism to provide optional suggestions and ideas about its software and services ("Suggestions"). You agree that TalentCove may, in its sole discretion, use the Suggestion you provide to TalentCove in any way, including in future modifications of the Service, multimedia works and/or advertising and promotional materials relating to the Service. You hereby grant TalentCove a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute and display the Suggestion in any manner and for any purpose.

  12. Payments Terms, Charges & Taxes

    1. Billing - Customer will pay for the TalentCove Services on a monthly basis as set forth on the TalentCove pricing. We may add or adjust Service fees at any time by providing you with thirty (30) days prior notice. You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your Administrators).
    2. Payment - All payments due are in U.S. dollars unless otherwise indicated on the order page. Fees for credit card orders are due immediately upon order placement. Declined credit card authorizations shall be considered delinquent. You agree to pay for all services that you purchase through the TalentCove order page, and we may charge your selected payment method for any such fees owed. You are required to keep your billing information current, complete, and accurate (e.g., a change in billing address, credit card number, or expiration date) and to notify TalentCove if your selected payment method is cancelled (e.g., for loss or theft). Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your payment preferences; provided, however, that such notice will not affect charges submitted before TalentCove could reasonably act. Your charges may be payable in advance, in arrears, per usage, or as otherwise described on the TalentCove order page. You agree that charges may be accumulated as incurred and may be submitted as one or more aggregate charges during or at the end of the applicable billing cycle. You must cancel your subscription at least five business days prior to the first day of the next calendar month to avoid being charged the renewal fee for such month. THERE ARE NO REFUNDS FOR MONTHLY FEES PAID HEREUNDER, FOR ANY REASON.
    3. Delinquent Payments - Delinquent payments may bear interest at the rate of 1.5% percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys' fees) incurred by TalentCove in collecting such delinquent amounts, except where such delinquent amounts are due to TalentCove's billing inaccuracies.
    4. TalentCove may from time to time, and in its sole discretion, change, increase, decrease or eliminate the Fees charged for the Service, or any part thereof. TalentCove may also institute new charges or fees, or charge a Fee for the Service or any part thereof where a fee was not previously charged. Your continued use of the Service after the effective date of any such change shall constitute your acceptance of such change.

  13. Payment Processing You hereby authorize TalentCove (either directly or through a third party payment processor) to charge all Fees to the credit card, PayPal account or other payment processor ("Payment Account") you provide during registration, at time of purchase or in your Account. If you use the Service on behalf of a company, by using a corporate credit card or billing instrument, you affirm that you are authorized to use the corporate card or billing instrument for such purposes. You agree to provide TalentCove updated information regarding your Payment Account upon TalentCove‘s request and any time the information earlier provided is no longer valid. If you revoke authorization to charge your Payment Account, or if for any reason your Payment Account does not pay TalentCove, TalentCove may suspend your access to some or all features of the Service.

  14. Third Party Services In connection with your use of the Service, you may be made aware of services, products, offers and promotions provided by third parties, and not by TalentCove. Examples of this would include increasing your performance management capabilities with additional services where additional services may be found, or the engagement of a life coach. If you decide to use any third party services, you are responsible for reviewing and understanding the terms and conditions governing those third party services. You agree that the third party, and not TalentCove, is responsible for the performance of those third party services, and that TalentCove does not warrant or endorse any third party services you may access via the Service.

  15. Specific Information Within our Cloud Platform The TalentCove method and technology, including scoring methodology and flow information and analysis, are TalentCove‘s sole property and are subject to the proprietary information sections of these Terms. TalentCove grants client users a limited, terminable, royalty-free, right to access specific shared and aggregated content within its knowledgebase. Any tags, terms, questions, scoring or any other performance management related information entered by users becomes the property of TalentCove.

  16. Specific Information Used by You While you can utilize specific information within TalentCove‘s knowledgebase as a reference for new or existing entries, you assume all responsibility for the accuracy, legality, fairness, appropriateness, humor, lack of humor, adherence to government policies and regulations, and any other liability that is related to your content within the TalentCove platform.

  17. Privacy See TalentCove‘s Privacy Policy for information and notices concerning TalentCove‘s collection and use of personal information. TalentCove reserves the right to update its Privacy Policy from time to time without notice. If you have any questions about the TalentCove Privacy Policy, please contact TalentCove at support@talentcove.com

  18. Disclaimer of Warranties Your use of the Service, including any applets, software, and content contained therein, is entirely at your own risk. THE SERVICE IS PROVIDED "AS IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TALENTCOVE, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SITE AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. TALENTCOVE DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. TALENTCOVE DOES NOT WARRANT THAT THE SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. TALENTCOVE IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.

  19. Limitation of Liability THE ENTIRE CUMULATIVE LIABILITY OF TALENTCOVE AND ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS AND EMPLOYEES FOR ALL MATTERS ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITE SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE RELATED SERVICES OR CONTENT PURCHASED FROM TALENTCOVE, ITS AUTHORIZED RESELLER OR ITS SERVICE PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TALENTCOVE AND ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE,OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF TALENTCOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TALENTCOVE AND YOU. IN THE EVENT THAT A JURISDICTION DEEMS THIS LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES TO BE INAPPLICABLE OR UNLAWFUL, THEN TALENTCOVE‘S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE RELATED SERVICES OR CONTENT PURCHASED FROM TALENTCOVE, ITS AUTHORIZED RESELLER OR ITS SERVICE PROVIDER.

  20. Indemnification. You agree to hold harmless and indemnify TalentCove, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, TalentCove will provide you with written notice of such claim, suit or action.

  21. Termination and Amendment You may terminate your use or access to the Service at any time.

    1. Your privilege to use or access the Service may be terminated by TalentCove immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Service and agree not to re-register or otherwise make use of the Service. Furthermore, you acknowledge that TalentCove reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Service. You understand that TalentCove may exercise this right in its sole discretion.
    2. While we hope this happens as infrequently as possible, TalentCove reserves the right, in its sole discretion, and at any to change, modify or discontinue, temporarily or permanently, the Service (or any part thereof). TalentCove shall not be liable to you or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
    3. Upon termination, TalentCove is under no obligation to store, track or provide reporting for your content for the purposes of government compliance and documentation.
    4. In the event you terminate your use or access to the Service, this Terms of Use shall terminate; provided, however, that Sections 1-3 and 20-23 shall survive any termination of this Terms of Use.
  22. Account Inactivity. After a period of inactivity, whereby a user fails to login to an account for a period of nine months, TalentCove reserves the right to disable or terminate the account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.

  23. Miscellaneous Except as expressly set forth in these Terms, these Terms and the Privacy Policy are a complete statement of the agreement between you and TalentCove, and set forth the entire agreement between you and TalentCove with respect to your access and use of the Service. The suppliers, agents, distributors, dealers, and employees of TalentCove are not authorized to make modifications to these Terms. Any waiver of the terms herein by TalentCove must be in a writing that expressly references the applicable provision(s) of the Terms and that is signed by an authorized officer of TalentCove. If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver or any such term or any other term. The Terms will be governed by California law as applied to agreements entered into and to be performed entirely within California, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts of California. Headings are included for convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that TalentCove may have under trade secret, copyright, trademark, patent or other related regulation.