Terms of Use

Website Terms of Use

Last Modified: 05/01/2019

Acceptance of the Terms of Use

These terms of use are entered into by and between You and ETALENTSHOP, LLC (“Company”, “we” or “us”). The following terms and conditions (these “Terms of Use”), govern your access to and use of https://etalentshop.com, including any content, functionality and services offered on or through https://etalentshop.com (the “Website”), whether as a guest or a registered user, and the services provided by us through the Website and any related mobile app (the “Services”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://etalentshop.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, and 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 the Company 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.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. 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. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. 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, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this 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 ensure that you exit from your account at the end of each session. You should 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, whether chosen by you or provided by us, 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 of Use.

Account

            Use of the Services requires that you register and/or create an account (“Account”). To register and create an Account, you must select an account user ID and password and provide certain personal information. In consideration of the use of the Website and the Services provided by us, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to immediately terminate your access to the Website (or any portion thereof) or Services.

            You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify us of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. We will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with the above clauses (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.

If you are opening up an Account on behalf of an entity (e.g., an Employer or an Independent Recruiter (as defined below)), you represent and warrant that: (i) you are duly authorized to act for and on behalf of the entity with respect to the Account, including the posting of Employment Opportunities (as defined below); (ii) you are authorized to make any and all payments due us with respect to that account; (iii) you are authorized to receive any and all amounts to be paid by us to that Account and (iv) all information provided by you with respect to the entity and the Account will be true and accurate. You agree that you will not use the Account for any purposes other than representation of the entity.

Intellectual Property Rights

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 the Company, 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.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not 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 one copy of a reasonable number of pages 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.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• 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.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@etalentshop.com.

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 of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. 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 the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

For employers (“Employers”) using the Services and the Website, you agree to use the Services and the Website solely to look for potential candidates for specific jobs, positions or opportunities for employment (each, an “Employment Opportunity”) and for no other purposes. Furthermore, you agree that you will not take any action which imposes an unreasonable or disproportionately large load on the Website infrastructure; or contact the Website’s users (e.g., other Employers, Independent Recruiters (as defined below), Employment Opportunity candidates, etc.) through unsolicited e-mail, telephone calls, mailings or any other method of communication to sell goods or services other than Employment Opportunities contemplated by you or our users.

Note that if you are an Employer or otherwise make use of the resumes that are provided on the Web Site to fill any job, position or opportunity for an Employment Opportunity, you must agree to pay the applicable fees as set forth below in “Consideration” in order to use the Services.

Trademarks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• 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.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To 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 the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

• 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.
• 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 unauthorized purpose 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 which 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.
• Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, video interviews and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You 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.
• All of your User Contri butions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

 We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Rules for Using the Services

All recruiters or agency representatives (collectively, “Recruiters” and individually, a “Recruiter”) intending to list or market candidates on our portal shall be responsible for obtaining the consent in writing to list such candidate on our portal.

If you are a Recruiter and have an existing, documented, relationship with an Employer that uses our talent portal, you may either (i) continue to work offline with that Employer or (ii) work through our Services, subject to our Terms of Use. The Terms of Use prohibit establishing new business relationships developed through our Service offline, and any attempt to violate this policy will result in immediate removal and denial of access to the Service.  Additionally, we may pursue all other legal remedies available to us.

Registered Recruiters or individuals using our Services shall have the right to represent the candidates they submit in accordance with the applicable candidate ownership policy established between the client, candidate and listing Recruiter. 

It is the responsibility of the listing Recruiter to verify that their candidates have not already applied for employment directly with an employer who may request to interview them through our portal.  In the event an employer hires or inquiries about a candidate through our portal who has already applied directly or was referred by someone outside of our portal, the empoloyer will not owe a placement fee upon check-out. 

If you are an Employer, you represent and warrant that you are authorized to advertise Employment Opportunities through our portal on the behalf of your company, and that you have authority to make payments in the event a candidate is hired through our portal. You agree to communicate and work exclusively with the listing Recruiter who is representing the candidate on our portal.

Candidates choosing to list their profile on our website must provide accurate and truthful information. We reserve the right to refuse to publish and/or remove any information that we determine, in our sole discretion, is not consistent with these Terms of Use.  You agree that, although the Company strives to ensure the confidentiality of a candidate’s posting, the Company cannot, with respect to a candidate’s posting, guarantee complete confidentiality.  For the avoidance of doubt, you agree that the indemnification provisions set forth below are fully-incorporated herein.  

 

Monitoring and Enforcement; Termination

We have the right 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 of Use, including the Content Standards, 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 of Use.

Without limiting the foregoing, we have the right to fully cooperate 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. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which 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 of Use 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.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. 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.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

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 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 e-mails or other communications with certain content, or links to certain content, on this Website.
• 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:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. 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.

Links from the Website

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.

Consideration

Fess to be paid by Employers

If you are an Employer and post an Employment Opportunity, you agree that in the event you are able to fill the Employment Opportunity through the Services, you will pay the Talent Placement Fee (“Talent Placement Fee”), as set forth on your Term Sheet, listed by the listing Recruiter next to the talent profile on our platform.  Employers are obligated to pay the Talent Placement Fee when a candidate accepts a job offer in writing in accordance to these Terms of Use. Except as otherwise set forth in these Terms of Use, individuals, Recruiters and Employers are prohibited from hiring candidates who were listed on our portal. Notwithstanding the foregoing, if an individual, Employer or Recruiter is able to establish to the Company’s satisfaction that the candidate applied for employment directly with said individual, Employer or Recruiter in the 3 months immediately preceding such hire, said individual, Employer or Recruiter may, with our consent, which may be withheld for any reason or no reason at all, hire such candidate.  Any individual, Employer or Recruiter attempting to, directly or indirectly, violate this policy shall be immediately removed from and denied access to our portal.  Additionally, we may pursue all other legal remedies available to us.  Further, all subscription fees, access fees, and membership fees paid to the Company by said individual, Employer or Recruiter shall not be reimbursed by the Company and said individual, Employer or Recruiter agrees such fees shall be forfeit.  For the avoidance of doubt, no pro-rated refunds shall be provided.

As an Employer, you are required to pay the Talent Placement Fee immediately upon the applicable “candidate joining date,” with all such payments being due within fifteen (15) days of such candidate joining date.  For your convenience, you may pay the Talent Placement Fee through our convenient on-line check out portal or you may send payment to the Company’s address at: eTalentShop, LLC, 1219 Millennium Parkway Suite 138, Brandon, Florida 33511.

All Recruiters registered to list and market candidates on our portal have agreed to provide a 90-day placement guaranty.  In the event that a candidate hired through our portal resigns or is terminated with cause within sixty (60) days of joining, you (the Employer) shall notify the listing Recruiter in writing and the listing Recruiter may, at such listing Recruiter’s sole discretion, elect to either (i) provide a fifty percent (50%) fee refund within 15 days of notice, or (ii) provide a replacement candidate free of charge within 60 days. Employers that have not timely paid all Talent Placement Fees shall not eligible for the candidate guaranty set forth in this paragraph.

All amounts not paid when due shall accrue interest at the rate of one percent (1%) per month.  Furthermore, Employer agrees that Employer shall reimburse the listing Recruiter and the Company for all costs and expenses, including without limitation reasonable attorneys’ fees, incurred by us to enforce our rights under this Agreement, including right to payment.

Fees to be paid by Listing Recruiters

If you are a registered listing Recruiter and your listed candidate accepts employment with an Employer (a shopper), you shall be required to pay the Company a portal use fee (the “Portal Fee”) in the amount of two and one-half percent (2.5%) of the Talent Placement Fee. We will collect the Talent Placement Fee and send your Talent Placement Fee within 7 days of receiving such Talent Placement Fee from the hiring client. You may elect to receive a check via mail, or we can direct deposit your Talent Placement Fee less our 2.5% Portal Fee, less your candidate“s hire-on bonus which is 2.5% of your candidate“s starting salary. electronically in an account designated by you. You will be responsible for honoring your candidate guarantee, including providing the direct placement fee refund or locating a replacement candidate. As a registered independent Recruiter with our portal, you agree to provide a 90-day candidate guarantee. 

Prior to releasing your Talent Placement Fee, you must provide the name of the legal entity to be paid, account information in the event that we are to make payment electronically, as well as the applicable EIN or Social Security number and Form W-9. We reserve the right to request any additional information that we may need to process payment of your direct Talent Placement Fee.

Listing Recruiters are not eligible for a Talent Placement Fee if, at any point, the Company determines that the candidate they are representing submitted an employment application to the Employer outside of our portal in the three (3) months immediately preceding such determination.  The listing Recruiter who listed the candidate first, as evidenced by the listing date, shall have the right to represent the candidate on our portal for a period not to exceed six (6) months.

Fees to be paid by Candidates

Candidates may either (i) elect to be listed for free on our portal; or (ii) elect to sign up for our annual membership benefit plan.  All candidates listed on or portal must be listed by a registered Recruiter.  If the candidate is not already working with a Recruiter, the Company will assign an in-house recruiter during the candidate’s registration process.  If the candidate was referred by a Recruiter and desires to use such Recruiter as the listing Recruiter, such candidate must select such Recruiter’s name during the registration process.  Please note that only the names of registered listing Recruiters will appear on the drop-down list. 

If the candidate is hired through our portal, such candidate will not incur any fees. The hiring client pays the listed Target Placement Fee.  If the candidate successfully works past his or her 90-day guarantee period, the Company will pay the candidate a hire bonus calculated as 2.5% of the candidate“s starting salary. (the “Hire Bonus”). Prior to the Company making a payment to said candidate, the Company shall request the candidate to provide candidate’s account information (if the Company is to make such payment electronically), as well as the candidate’s Social Security number and Form W-9. The Company reserves the right to request any additional information that the Company may need in order to pay a Referral Reward, or any part thereof.

Candidates are solely responsible for any taxes to be paid, which are levied on their receipt of a Referral Reward, or any portion thereof.
 

Geographic Restrictions

The owner of the Website is based in the state of Florida 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.

Disclaimer of Warranties

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. 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.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS 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 THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE 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.

THE COMPANY 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, 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 OR ANY SERVICES OR ITEMS OBTAINED THROUGH 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.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, 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 of Use 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 of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use 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 State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Tampa and County of Hillsborough, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use 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.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use 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 the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and ETALENTSHOP, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by ETALENTSHOP, LLC, Riverview, Florida 33579.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: Support@etalentshop.com