Terms of Service
Website Terms & Conditions
1. General. The Dakota Talent website (the “Dakota Job Board” or “Website”) is a website operated by Dakota Live!, LLC (“Dakota” or “we”) as a service to bring job seekers and employers together. Job seekers and employers can register, create profiles/job posts and search for jobs and resumes (the “Services”). These Website Terms and Conditions (the “Terms & Conditions”) sets forth the terms and conditions under which all job seekers, employers or other users (“you”) may use the Website. By using this Website, registering an account, or by clicking “Register”, “I accept”, or similar button, you agree that you are bound by these terms (the “Terms & Conditions”), as well as our Privacy Policy as defined herein. Please read these Terms & Conditions carefully before using the Website. If you do not want to agree to these Terms & Conditions or the Privacy Policy, you must not access or use the Website.
2. Eligibility Requirements. This Website is offered and available to users eighteen (18) years of age or older who reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Dakota and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. Dakota is based in the Commonwealth of Pennsylvania in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
3. Account Access. If you register with the Website, you will be provided with a user name, password and other pieces of information as part of our security procedures. You must treat such information as confidential, and must not disclose it to any other person or entity. You agree that your account is personal to you and that you shall not provide any other person or entity with access to the Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to “log out”, “sign out”, “exit”, or take equivalent action with respect to your account at the end of each session and to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier with respect to our security procedures at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & Conditions.
4. User Personal Information. To access the Website or the Services, you may also be asked to provide certain registration details or other personal information. You are required to provide truthful information in your profile or job post, and it is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, shall be governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
5. Privacy Policy. Use of the Website is subject to Dakota’s Privacy Policy (the “Privacy Policy”), as amended from time to time, which is incorporated herein by reference and available at https://www.dakota.com/privacy-policy-updated. If you have any questions or concerns regarding our Privacy Policy, please contact us at privacy@dakota.com.
6. User Contributions. The Website may contain personal or other account web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the content standards and refrain from the prohibited uses set out in these Terms & Conditions, including complying with all applicable federal, state, local, and international laws and regulations. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Dakota, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You further represent and warrant that all of your User Contributions do and will comply with these Terms & Conditions. Any User Contribution posted to the Website will be considered non-confidential and non-proprietary.
7. Prohibited Uses. Without limitation, you agree not to do any of the following:
· Use the Website to contact users regarding any issue apart from the purpose of recruitment, including to offer any services from or on behalf of a third party;
· Use the Website for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
· Use the Website to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms & Conditions;
· Use the Website to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
· Use the Website to impersonate or act on behalf of, or attempt to impersonate or act on behalf of Dakota, a Dakota employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
· Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Dakota or users of the Website, or expose them to liability;
· Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
· Establish multiple accounts on the Website, or to establish one or more accounts using false information or under any name other than your real name;
· Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
· Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms & Conditions, without our prior written consent;
· Use any device, software, or routine that interferes with the proper working of the Website;
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
· Otherwise attempt to interfere with the proper working of the Website.
8. Content Standards. You agree that User Contributions must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms & Conditions and our Privacy Policy;
· Be likely to deceive any person;
· Promote any illegal activity, or advocate, promote, or assist any unlawful act;
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
· Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
9. Dakota’s Right to Act. We have the right but not the obligation to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms & Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company;
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website;
· Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms & Conditions; or
· Cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
10. No Infringement. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Dakota, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Further, all other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. For instance, the Dakota name, the Website name, and all related names, logos, product and service names, designs, and slogans are trademarks of Dakota or its affiliates or licensors. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Dakota. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms & Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. It is the policy of Dakota to terminate the user accounts of repeat infringers. Without limitation, you agree not to:
· Use copyrighted, trademarked, or other proprietary materials without the prior written permission of Dakota;
· Modify copies of any materials from this site;
· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site;
· Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
· You may store files that are automatically cached by your Web browser for display enhancement purposes;
· You may print or download reasonable numbers of copies of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
· If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and
· If we provide social media features with certain content, you may take such actions as are enabled by such features.
11. License Provided by You. As between you and Dakota, you are granting Dakota and our affiliates a worldwide, transferable, sublicensable, non-exclusive license to use, copy, modify, distribute, publish and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. You agree that Dakota may utilize such content to provide the Services and as otherwise consistent with our other rights under these Terms & Conditions. You also represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
12. DMCA Notices. If you believe that any User Contributions violate your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification (a “DMCA Notice”) to our copyright agent (the “Copyright Agent”):
Tim Brown Address: 925 W. Lancaster Ave. Suite 220 Bryn Mawr, PA 19010 Phone: +1 610 801-2048 Email: copyrightcompliance@dakota.com If you fail to comply with the requirements of the DMCA, your DMCA Notice may not be effective. If you knowingly, materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the DMCA Notice must be directed to the Copyright Agent, and must include substantially all of the following:
· Your physical or electronic signature;
· Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
· Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
· Adequate information by which we can contact you (including your name, email address, postal address, and telephone number);
· A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
· A statement that the information in the written notice is accurate; or
· A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
13. Links to or from the Website; Social Media. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. This Website may also provide certain social media features that enable you to link from your own or certain third-party websites to certain content on this Website; send emails or other communications with certain content, or links to certain content, on this Website; or cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not (i) establish a link from any website that is not owned by you; (ii) cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; (iii) link to any part of the Website other than the homepage; or (iv) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms & Conditions. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards and refrain from the prohibited uses set out in these Terms & Conditions. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
14. Pricing. All purchases through our Website or other transactions for the sale of Services, or information formed through the Website, or resulting from visits made by you, are governed by these Terms & Conditions. The price charged for any service offered on the Website will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes, and all such taxes will be added to your price total, and will be itemized in your shopping cart and in your order confirmation email. All sales are final and non-returnable. We strive to display accurate price information; however, we may on occasion make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
15. Payment. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us, whether by credit card or other method acceptable by us, before our acceptance of an order. You represent and warrant that (i) the credit card or other payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or other form of payment for the purchase, (iii) if applicable, charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and ancillary charges, if any, regardless of the amount quoted on the Site at the time of your order. We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy. If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid unwanted charges, cancel before the renewal date.
16. Changes to Terms & Conditions. We reserve the right to modify these Terms & Conditions from time to time in our sole discretion. All changes are effective immediately after posting and apply to all access to and use of the Website thereafter. If we make material changes to these Terms & Conditions, we will take reasonable steps to notify you either through our Website or at the email address provided by you. However, you are expected to check the Website from time to time so you are aware of any changes, as they are binding on you. If you object to any changes, you may close your account. Your continued use of the Website after the posting of revised Terms & Conditions means that you accept and agree to the changes.
17. Changes to or Withdrawal of Services. Dakota may, from time to time, change the Services without the consent of users, provided that in the case of any paid Services such changes shall not materially affect the nature or scope of such Services, or the fees or any performance terms set forth in the user’s respective order confirmation. We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice.
18. No Reliance. The information presented on or through the Website is made available solely for general information purposes. We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. We therefore assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We also do not warrant the accuracy, completeness, or usefulness of any information posted. For instance, while we may update the content on this Website from time to time, its content is not necessarily complete or up-to-date and we are under no obligation to update such material. Accordingly, we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Any reliance you place on such information is strictly at your own risk. All statements and/or opinions expressed in User Contributions, and all articles and responses to questions and other content other than the content provided by Dakota, are solely the opinions and the responsibility of the person or entity providing those materials and do not reflect the opinion of Dakota.
19. No Warranty. To the fullest extent provided by law, Dakota hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. Your use of the Website, its content, and the Services are at your own risk. The Website, its content, and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Dakota nor any person associated with Dakota makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, neither Dakota nor anyone associated with Dakota represents or warrants that the Website, its content, or any Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet your needs or expectations. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any loss or damage the user may encounter from using the Website.
20. No Liability; Limitation of Damages. Furthermore, to the fullest extent provided by law, in no event will Dakota, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. In any case, Dakota and its affiliates will not be liable to you for any amount that exceeds the lesser of (a) the total fees paid or payable by you to Dakota for Services during the term of your contract, if any, or (b) one thousand U.S. dollars ($1000).
21. User Indemnification. You agree to defend, indemnify, and hold harmless Dakota, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms & Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms & Conditions, or your use of any information obtained from the Website. Further, you waive and hold harmless Dakota and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.
22. Viruses and Destructive Code. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data to the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
23. Waiver and Severability. No waiver by Dakota of any term or condition set out in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Dakota to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.
24. Governing Law and Jurisdiction. All matters relating to the Website and these Terms & Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction).
25. Dispute Resolution. Any legal suit, action, or proceeding arising out of, or related to, these Terms & Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania, in each case located in the County of Philadelphia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms & Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. At Dakota’s sole discretion, it may require you to submit any disputes arising from these Terms & Conditions or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying Pennsylvania law.
26. Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.
27. Interpretation. For purposes of this Agreement, (a) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation;” (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to this Agreement as a whole. Unless the context otherwise requires, references herein (x) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (y) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. These Terms & Conditions shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
28. Entire Agreement. The Terms & Conditions and Privacy Policy constitute the sole and entire agreement between you and Dakota regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
29. How to Contact Us. This website is operated by Dakota Live!, LLC, 925 W. Lancaster Ave., Suite 220, Bryn Mawr, Pennsylvania. All notices of copyright infringement claims should be sent to the copyright agent designated in the manner and by the means set out herein. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: talent_support@dakota.com.