Terms of Use

Welcome to Top Talent Resources. These Terms of Use govern your access to and use of our website, services, and applications. By accessing or using our services, you agree to be bound by these Terms of Use and our Privacy Policy.

1. Acceptance of Terms

By accessing and using Top Talent Resources' website and services, you accept and agree to be bound by the terms and provision of this agreement. These Terms of Use constitute the entire agreement between you and Top Talent Resources and supersede all prior agreements and understandings.

2. Description of Services

Top Talent Resources is an IT consulting and staffing agency specializing in technology-focused recruitment and talent management solutions. Our services include:

• IT staffing and recruitment services
• Technology consulting and digital transformation
• Talent management and workforce planning
• Project-based technology solutions
• Professional development and training programs

3. User Accounts and Registration

Account Creation

To access certain features of our services, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate and current
• Maintain the security of your password and accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breaches

Account Responsibilities

You are responsible for all activities that occur under your account and agree not to:

• Use false or misleading information in your profile
• Share your account credentials with others
• Use another person's account without permission
• Violate any laws or regulations through your account usage

4. User Conduct and Acceptable Use

Prohibited Activities

You agree not to use our services to:

• Violate any local, state, national, or international law or regulation
• Transmit any harmful, threatening, abusive, or defamatory material
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt our services or servers
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use our services for any commercial purpose without authorization
• Upload or transmit viruses, malware, or other harmful code

Content Standards

All content you submit to our services must:

• Be accurate and not misleading
• Not infringe on any third-party rights
• Not contain offensive, discriminatory, or inappropriate content
• Comply with applicable laws and regulations

5. Intellectual Property Rights

Our Intellectual Property

The Top Talent Resources website and services contain material that is owned by or licensed to us, including but not limited to text, graphics, logos, images, and software. This material is protected by copyright, trademark, and other intellectual property laws.

User Content

By submitting content to our services, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such content in connection with our services.

Trademarks

"Top Talent Resources" and our logos are trademarks of Top Talent Resources. You may not use these marks without our prior written permission.

6. Confidentiality and Data Protection

Confidential Information

In the course of using our services, you may have access to confidential information. You agree to:

• Maintain the confidentiality of all confidential information
• Use confidential information only for authorized purposes
• Not disclose confidential information to third parties without permission
• Take reasonable measures to protect confidential information

Personal Data

We collect and process personal data in accordance with our Privacy Policy. By using our services, you consent to such processing as described in our Privacy Policy.

7. Service Availability and Modifications

Service Availability

While we strive to maintain continuous service availability, we do not guarantee that our services will always be available or error-free. We may suspend or discontinue services for maintenance, updates, or other reasons.

Modifications

We reserve the right to modify, suspend, or discontinue any part of our services at any time. We may also update these Terms of Use from time to time. Your continued use of our services after changes constitutes acceptance of the modified terms.

8. Payment Terms

Fees and Payment

Some of our services may require payment of fees. All fees are non-refundable unless otherwise specified. You agree to pay all applicable fees and taxes.

Billing

We may use third-party payment processors. By providing payment information, you authorize us to charge the applicable fees to your chosen payment method.

Disputes

If you believe there has been a billing error, you must contact us within 60 days of the charge date. We will investigate and resolve disputes in good faith.

9. Disclaimers and Limitations of Liability

Service Disclaimers

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

To the maximum extent permitted by law, Top Talent Resources shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

Professional Advice

Our services do not constitute professional advice. You should consult with qualified professionals for specific employment, legal, or business advice.

10. Indemnification

You agree to indemnify and hold Top Talent Resources, its officers, directors, employees, and agents harmless from any claims, damages, losses, costs, and expenses (including legal fees) arising out of or relating to your use of our services, your violation of these Terms of Use, or your violation of any rights of another party.

11. Termination

Termination by You

You may terminate your account at any time by contacting us or using the account deletion features in our services.

Termination by Us

We may terminate or suspend your account and access to our services at our sole discretion, without prior notice, for conduct that we believe violates these Terms of Use or is harmful to other users, us, or third parties, or for any other reason.

Effect of Termination

Upon termination, your right to use our services will cease immediately. Provisions regarding intellectual property, disclaimers, limitations of liability, and indemnification will survive termination.

12. Governing Law and Dispute Resolution

Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Dispute Resolution

Any disputes arising out of or relating to these Terms of Use or our services shall be resolved through:

1. Negotiation: First, through good faith negotiation between the parties
2. Mediation: If negotiation fails, through professional mediation
3. Arbitration: If mediation fails, through binding arbitration in accordance with the rules of the American Arbitration Association
4. Court: As a last resort, through the courts of competent jurisdiction in California

13. Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You expressly waive your right to file a class action or seek relief on a class basis.

14. Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full force and effect.

15. Entire Agreement

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and Top Talent Resources regarding our services and supersede all prior and contemporaneous written or oral agreements.

16. Contact Information

If you have questions about these Terms of Use, please contact us:

17. Changes to Terms

We reserve the right to modify these Terms of Use at any time. We will notify users of material changes by posting the updated terms on our website and updating the "Last updated" date. Your continued use of our services after such modifications constitutes acceptance of the updated terms.

18. Electronic Communications

By using our services, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

19. Force Majeure

We will not be liable for any failure or delay in performance under these Terms of Use that is due to fire, flood, earthquake, elements of nature, acts of war, terrorism, riots, civil disorders, rebellions, or other causes beyond our reasonable control.

20. Relationship of Parties

These Terms of Use do not create any agency, partnership, joint venture, or employment relationship between you and Top Talent Resources. You are an independent user of our services.

21. Assignment

You may not assign or transfer these Terms of Use or any rights or obligations hereunder without our prior written consent. We may assign these Terms of Use without restriction.

22. Third-Party Beneficiaries

These Terms of Use do not confer any rights or remedies upon any person other than the parties to this agreement.

23. Survival

The provisions of these Terms of Use that by their nature should survive termination shall survive, including but not limited to provisions regarding intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution.

24. Language

These Terms of Use are written in English. Any translations are provided for convenience only. In the event of a conflict between the English version and any translation, the English version shall prevail.

25. Export Control

You agree to comply with all applicable export control laws and regulations. You may not use our services if you are located in, or a resident of, any country that is subject to U.S. export restrictions.

26. Government Users

If you are a U.S. government entity, our services are provided as "commercial computer software" or "commercial computer software documentation" pursuant to applicable government acquisition regulations.

These Terms of Use were last updated on January 15, 2025.