Most recent Update 08/19/2021
This website, located at trovetalent.com or any of our affiliated sites including mobile and/or Internet applications or “apps” (collectively, the “Site”), is provided by Trove Talent, LLC (Trove Talent, “we,” “our,” or “us”) to the person accessing this Site (“you,” “your”).
1. You Agree to These Terms by Using This Site
2. Permitted Use of the Site; Termination
The information and materials on this Site are provided for general informational purposes. You may use this Site solely for the purpose of learning about and/or purchasing services and/or products from Trove Talent. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Site for any purpose other than as permitted herein. This Site is not directed at children and you may not use this Site if you are under the age of eighteen.
You agree that Trove Talent may, in its sole discretion, without cause or prior notice, and without liability to you or any third party, immediately terminate your use of this Site, any associated Trove Talent memberships, promotions, accumulated reward or virtual currency, access to any applicable membership page, access/participation in any special marketing groups, access to any Trove Talent blog, access to or participation in any promotions or contests or access to any Trove Talent social networking pages, in accordance with the these TOU. Any suspected fraudulent, abusive, or illegal activity by you or others may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Trove Talent may have at law or in equity.
3. Trove Talent’s Intellectual Property
Unless otherwise noted, the design of the Site, the Site as a whole, and materials that are part of the Site (collectively, ‘Contents’) are copyrights, trademarks, service marks, trade dress and/or other intellectual property owned, controlled, or licensed by Trove Talent or its affiliates. The Contents, including its service marks such as Trove Talent and Trove Talent’s logo, may not be used by you for any commercial purpose without the express written permission of authorized representatives of Trove Talent.
All software used on this Site is the property of Trove Talent or its software suppliers and protected by copyright laws and may not be used for any purpose by you. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
The: (i) text, documents, articles, brochures, descriptions, graphics, photos, sounds, videos and interactive features on the Site (collectively, the “Materials”), (ii) Site software (“Software”); (iii) User Submissions, as defined below (and together with the Materials and Software, the “Content”); and (iv) the trademarks, service marks and logos contained therein (“Marks”), are the property of Trove Talent and/or our licensors and may be protected by applicable copyright or other intellectual property laws and treaties
4. User-Submitted Content
3.1 Responsibility. The Site may permit the submission, hosting, sharing and publishing of Materials by you and other users (“User Submissions”). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing, or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Site (including User Submissions) at any time and for any reason.
4.1. Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Trove Talent to use all Intellectual Property Rights (defined below) in and to your User Submissions and to enable inclusion and use thereof as contemplated by the Site and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. “Intellectual Property Rights” means any and all rights, titles, and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
4.2. License to User Submissions. By submitting the User Submissions to Trove Talent, you hereby grant Trove Talent a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of the display, and perform the User Submissions in connection with the Site and Trove Talent’s business, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any rights of Droit moral in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
4.3. Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered violent or a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft, animal cruelty/neglect or terrorism; (viii) is malicious or fraudulent; or (ix) breaches these Terms.
4.4. Personal Information. If your User Submission contains the contact information or any personally identifiable information of any person you hereby expressly represent and warrant that: (i) you have complied and will comply, with all applicable privacy laws; (ii) you have obtained the express consent of the person to include their contact information or personally identifiable information in your User Submission; and (iii) that the person is aware that they may be contacted as a result.
4.5. Exposure. You understand and acknowledge that when accessing and using the Site: (i) you will be exposed to User Submissions from a variety of sources and that Trove Talent is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Trove Talent with respect to (i) and (ii) herein. By submitting any user-generated content, you hereby grant Trove Talent (1) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you; and (2) the rights to publicity to use your name and/or likeness. All content that you submit may be used at Trove Talent’s sole discretion without any obligation of confidentiality.
4.6 Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Trove Talent employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable in a manner in which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party, or which may otherwise give rise to liability or violate any law.
5. Interaction with other Users
You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release Trove Talent (and Trove Talent’s officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
6. Notice; Electronic Communications
When you visit this Site, send emails to Trove Talent, or when we post notices on our Site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with Trove Talent.
We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email. Unsubscribing may prevent you from receiving email messages regarding special offers, improvements, or other updates.
Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.
8. Practices; Typographical Errors
You acknowledge that Trove Talent may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages, message board postings, or other uploaded content will be retained, the maximum number of email messages that may be sent from or received by a membership account, the maximum size of any email message that may be sent from or received by a membership account, the maximum disk space that will be allotted on Trove Talent’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access your membership in a given period of time. You agree that Trove Talent has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted. You acknowledge that Trove Talent reserves the right to log off, delete, or disable memberships that are inactive for an extended period of time. You further acknowledge that Trove Talent reserves the right to modify these general practices and limits from time to time.
In the event that a product or service is mistakenly listed at an incorrect price or with incorrect specifications, Trove Talent reserves the right to refuse or cancel any orders placed for the product or service listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is canceled, Trove Talent shall issue a credit to your credit card account in the amount of the incorrect price charged. In no event shall Trove Talent be obligated to provide you the merchandise at the incorrect price.
9. Warranty Disclaimer.
TROVE TALENT DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT TROVE TALENT WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY OR THAT IS INCLUDED IN A USER SUBMISSION.
YOU SPECIFICALLY ACKNOWLEDGE THAT TROVE TALENT SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SITE USER IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER IN CONNECTION WITH THE SITE OR ANY USER SUBMISSION, YOU AGREE THAT TROVE TALENT IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. TROVE TALENT RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
All references to Trove Talent in Sections 9 (‘Warranty Disclaimer’), 10 (‘Indemnification’) and 11 (‘Limitation of Liability’) include Trove Talent and its affiliates, and their respective officers, directors, employees and agents.
You agree to defend, indemnify and hold harmless Trove Talent from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of or inability to use the Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.
11. Limitations of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER TROVE TALENT, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW: (i) TROVE TALENT SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF TROVE TALENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, and (ii) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TROVE TALENT FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO TROVE TALENT FOR USING THE PART OF THE SERVICE THAT IS THE SUBJECT OF THE CLAIM DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
12. Third-Party Links
To the extent that this Site contains links to outside services and resources, including other websites, the availability and content of which Trove Talent does not own, operate or control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service, resource or website. Any such links are provided solely as a convenience to you. If you click on these links, you will leave this Site. Trove Talent makes no representations or warranties concerning and is not responsible for the content, information or other material on or accessed from any other websites that are not owned, operated or controlled by Trove Talent.
The Site may display advertisements not operated by Trove Talent. The existence of an advertisement shall not be construed as an endorsement by Trove Talent of the advertisement or its content.
- Law and Jurisdiction
These TOU and your use of the Site are governed by the laws of the State of Pennsylvania, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Pike County, New York, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these TOU and/or the Site or in which these TOU and/or the Site are a material fact.
Trove Talent may assign its rights and duties under these TOU to any party at any time without your consent and without notice to you.
16. Payment Processing Third-Party; Payment Processors
Trove Talent reserves the right to discontinue or modify any aspect of the Site at any time. These Terms shall constitute the entire agreement between you and Trove Talent concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED
18. Questions and feedback
We welcome your questions, comments, and concerns about this Site. Please send us any and all feedback pertaining to this Site to firstname.lastname@example.org.