Eightfold Talent Exchange TOS

Eightfold Talent Exchange Terms of Service

Last Updated April 30, 2020

Eightfold AI Inc., on behalf of itself and its subsidiaries, (“Eightfold,” “we,” “us,” or “our”) is proud to bring partner companies and individuals together through an artificial intelligence (AI) powered Eightfold Talent Exchange Platform, including any functionality and services offered on or through the platform, (the “Website” or “Site” or “Exchange Platform”) to enable a better talent exchange experience.

The Exchange Platform is available for use by (1) individuals who are 18 years or older, located in the United States of America or Canada, and look for job opportunities (“Candidates”), (2) companies who have job openings (“Hiring Companies”), and (3) companies who have impacted workers such as furloughed or laid-off individuals that are looking for temporary or full-time job opportunities (“Supplying Companies” or “Current Employers“). If you are a university, college, or other post-K12 educational institution, that has impacted alumni and graduates, you will be treated as a Supplying Company for purposes of this agreement, and such impacted alumni and graduates will be treated as Candidates for purposes of this agreement; accordingly, references to impacted employees of the Supplying Company herein will be references to such alumni and graduates of yours, as the context requires.

You agree to use the Exchange Platform only for the intended purposes, and represent and warrant that you meet any of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Exchange Platform.

By clicking “Join Now”, “Join Talent Network”, “Sign Up,” “Register Now,” or similar actions, registering, accessing or using our the Exchange Platform, you accept and agree to be bound and abide by these Terms of Service. The terms and conditions are divided into four sections: (A) specific terms and conditions for Candidates, (B) specific terms and conditions for Hiring Companies, and (C) specific terms and conditions for Supplying Companies, and (D) general terms and conditions for all users of the Exchange Platform.

A. Candidates

Your use of the Site is for free.

Account information

You may be required to register for an account and supply contact, job profile, and authentication verification, and other information about you in order to use the Site. You agree that any such information that you submit shall be accurate, non-misleading, and up to date. You may also be asked to choose a username and password. You are responsible for maintaining the security of the username and password and agree not to disclose such to any third party, or impersonate any third party.

There is a general expectation that information you make available is viewable by other users of the Site, subject to any applicable permission settings you select in your account and other terms of this Agreement.

Job opportunities may be presented to you on the Site in part based on your information submitted such as your past job history, and companies may reach out to you for particular job opportunities. Keeping your information up to date makes these interactions more helpful and relevant.

Your job status through the Exchange Platform may be sent to the Supplying Company that referred you, such as whether and when you were hired by any particular Hiring Company. The Supply Company may need this information to assist its participation of the Platform.

Relation with Hiring Companies

You may be contacted by one or more of the Hiring Companies by email or other means for job opportunities, and you may also browse and select to respond to job opportunities posted by such Hiring Companies, including submitting answers to questions posted by the Hiring Companies. These interactions, within or without the Site are between you or the Hiring Companies, and Eightfold is not responsible for the contents of any questions and answers, offers, negotiation, withdrawal, amendment of any employment agreement between you and the Hiring Company. If you have any questions regarding particular job opportunities posted by the Hiring Company, other than technical questions solely related to the Website, you agree to direct your inquiries solely to the Hiring Company.

To the extent Hiring Companies require any background report from or about you, any background report submission by you or others on behalf of you is solely your responsibility.  Any background check conducted by the Hiring Companies or already conducted by the Supplying Companies is subject to their or third parties’ arrangement with you. Eightfold is not a provider of such background reports and is not responsible for any contents or use of your background check or report.

The Hiring Company is the sole entity that determines any hiring or rejection decision. Any communication regarding rejection or advancement in the hiring stages on the Site is at the instruction of the Hiring Company.

Relation with Supplying Companies

You may be referred to the Site by a Supplying Company that has a relationship with you, including for example as a furloughed or recently laid-off worker of the Supplying Company. The Supplying Company may have uploaded your information to the Site for the purpose of talent exchange. To the extent you dispute the Supplying Company’s ability to upload your information, you must first contact the Supply Company to resolve the dispute and failing that you may contact Eightfold to exercise your privacy rights in accordance with the Privacy Policy.

You understand and agree that Eightfold is not responsible for the Supplying Company’s referral, communication, action or inaction with you regarding the talent exchange.

It is your responsibility to ensure that your use of the Site does not violate any agreement you may have with the Supply Company or any current employer.

Class Action Waiver

You acknowledge that in exchange for your use of the Site and these services, you agree not to sue us including our affiliates as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against us regarding your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, subject to the terms herein.

No Guarantee of Jobs

While the Site is intended to connect candidates and job opportunities, the Site or Eightfold cannot guarantee results. There are a variety of reasons that could cause a non-hire, despite the best intentions and circumstances.

Other Terms

By using the Site, you agree to the terms in this Section A for Candidates in addition to the general terms and conditions for all users set forth in Section D.

B. Hiring Companies
Responsibility for End Users 

As a company user, you are responsible for activities of all end users authorized by you to access or use the services on your behalf. You shall ensure that all such end users comply with the terms of this Agreement. You are responsible for any violation of this Agreement by the end users as if you caused the violation. Eightfold may investigate any complaints or violations that come to its attention and may take any action or non-action as it believes appropriate including suspending or terminating any such end user’s account or removing offending content.

Job Information

Whether or not you post a job position, you represent that you will use the candidate information gained from the Site only for your own hiring purposes, and not to spam or forward for other purposes.

By posting a job position, you represent that the position is genuine and in good faith available to be filled, and the position can be viewed by all users of the Site, subject to any applicable permission settings available on the Site.

Eightfold may index and present your job postings in a manner within its reasonable judgment to better enable connecting job candidates with job opportunities. You agree that Eightfold’s presentation of the job opportunities are within its discretion and is provided without any warranty, including as to how and where the job positions are posted on the Site. There is no guarantee of results, frequency, and completeness of responses from candidates, from your posting on the Site.

Hiring Practice

As a hiring employer, you represent and warrant that you shall not use any AI matching information supplied by Eightfold or information supplied by Supplying Companies to engage in directly or indirectly illegal, discriminatory, or fraudulent purposes. You will use all available information legally and responsibly to make hiring or rejection decisions.

You further represent that any questions you submit associated with a job position do not produce discriminatory impact under the law, and that the questions are tailored to the job positions and do not contain spamming or irrelevant contents.

You will comply with all applicable laws and regulations relevant to your industry in employing temporary or full-time workers.

Your hiring of a Candidate through the Exchange Platform may be alerted to the Supplying Company that referred the Candidate. The Supply Company may need this information to assist its participation of the Platform.

Other Terms

By using the Site, you agree to the terms in this Section B for Hiring Companies in addition to the general terms and conditions for all users set forth in Section D.

C. Supplying Companies
Responsibility for End Users 

As a company user, you are responsible for activities of all end users authorized by you to access or use the services on your behalf. You shall ensure that all such end users comply with the terms of this Agreement. You are responsible for any violation of this Agreement by the end users as if you caused the violation. Eightfold may investigate any complaints or violations that come to its attention and may take any action or non-action as it believes appropriate including suspending or terminating any such end user’s account or removing offending content.

Usage

Whether or not you upload employee information, you represent that you will use the information gained from the Site only for the purpose of facilitating job exchanges for affected individuals, and not to spam or forward for other purposes.

Notice 

If you upload information about current or former employees or job candidates at your company to the Site, you represent that the upload and use of the information through the Site does not violate any privacy rights of such individuals, and that you have provided sufficient notice to the individuals.  By uploading such information, you understand and agree that Eightfold will process data on the impacted employees in accordance with this Agreement, including in matching candidates to jobs at Hiring Companies. Eightfold is not responsible for the consequences of such employees leaving your company.

Similarly, if you engage in monitoring your current or former employees’ job-seeking progress on the Site, you represent that you have sufficient right including any necessary consent to request, view, and use such information.

You may choose to reveal or not reveal certain information about your current or former employees to the Hiring Companies in order to facilitate talent exchange. In doing so, you promise to not violate any privacy rights of the individuals or others and does not violate any existing agreements or laws, including not engaging in any retaliation, defamation, or discrimination.

Other Terms

By using the Site, you agree to the terms in this Section C for Supplying Companies in addition to the general terms and conditions for all users set forth in Section D.

D. General Terms and Conditions for All Users
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.

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 the Exchange Platform, and any service or material we provide on the Site, 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 part or whole of the Website to users, including registered users.

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 the 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 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 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 if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its contents, features, and functionality (including all software, text, displays, images, video, and audio, and the design, selection, arrangement, all improvements thereof) are owned by the Eightfold, its licensors, or other original providers of such material and are protected by worldwide copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Website may contain job position upload/updates, job profile upload/updates, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, 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 or its related systems.

As between you and us, you are the owner of your User Contributions. By providing any User Contribution, you grant Eightfold a non-exclusive, worldwide, royalty-free, transferable and sublicensable right to use, reproduce, modify, perform, display, distribute, create derivative work, otherwise disclose to third parties (subject to applicable permission settings in your account) any such material. Such rights granted include our collection and analysis, including machine learning, of User Contributions, usage, and other information related to the provision, use, and performance of the Website and its associated systems and technologies. The above granted rights survive the termination of this Agreement, provided that the granted rights are subject to and limited by your and relevant individuals’ privacy rights outlined in our Privacy Policy.

You represent and warrant that:

  • You have the right to grant the rights granted above.
  • You understand and agree that you are responsible for any User Contributions you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
  • You understand and agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy and your choices (including settings).
  • You understand and agree that by submitting suggestions or other feedback regarding our services, you agree that Eightfold can use and share (but does not have to) such feedback for any purpose without compensation to you. You have no obligation to provide any such suggestions or feedback.

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.

Trademarks

The Eightfold name, and all related names, logos, product and service names, designs, and slogans are trademarks of Eightfold AI Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of the Eightfold. All other names, logos, product and service names, designs, and slogans on the 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).
  • To  impersonate or attempt to impersonate the Eightfold, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • Using a false identity, misrepresent your identity, or create a profile for anyone other than yourselfTo engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as reasonably determined by us, may harm the Eightfold or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the services;
  • Build or benchmark a competitive product or service, or copy any features, functions or graphics of the services;
  • 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 of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Monitor the Services’ availability, performance or functionality for any competitive purpose.
  • 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.
  • Abuse or interfere with or attack the Website such as using a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement

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 Eightfold.
  • 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 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.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, 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.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial product sales or marketing activities, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
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.

The 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 Eightfold, 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 Eightfold. 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 the 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 the 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 Website, 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 consent.

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.

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. We have no control over the contents of those sites or resources, and You agree we are not responsible 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 the Website, you do so at your own risk and subject to the terms and conditions of use for such websites. Eightfold generally does not review content provided by third parties.

Disclaimer of Warranties

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. WE MAKE NO WARRANTY WITH RESPECT TO THE COMPLETENESS, RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, RESULT OF USE, OF THE WEBSITE.  TO THE FULLEST EXTENT PROVIDED BY LAW, EIGHTFOLD 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.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE EIGHTFOLD AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, CONTRACTORS, SUCCESSORS AND ASSIGNS BE LIABLE FOR 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.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE EIGHTFOLD AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, CONTRACTORS, SUCCESSORS AND ASSIGNS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF (A) $1,000, OR (B) THE AMOUNT YOU HAVE PAID TO THE EIGHTFOLD FOR THE APPLICABLE SERVICE OR PRODUCT OUT OF WHICH LIABILITY AROSE.

Indemnification

You agree to defend, indemnify, and hold harmless the Eightfold, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, 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 California without giving effect to any choice or conflict of law provision or rule (whether of the State of California 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 California, in each case located in the County of Santa Clara. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts for purposes of this Agreement only.

Term & Termination

Term. Both you and Eightfold may terminate this Agreement at any time by giving written notice to the other, provided that any paid services are subject to the term and termination provisions of the applicable commercial agreement.

Termination Notice. A Candidate can send the termination notice by ticket submission or another designated method to close the account inside the individual account. A Hiring or Supplying Company can send the termination notice by submitting a written notice to the relevant notice address in the applicable commercial agreement, if any, with a copy to the notice address below. Eightfold can send the termination notice to the contact information provided by the relevant user submitted to or maintained on the account.

Effect of Termination. On termination, you lose the right to access or use the Site. All terms of this Agreement, which by their nature are intended to survive the Agreement’s termination or expiration, will so survive, including security, confidentiality, usage restrictions, disclaimers, accrued indemnity, limitations of liability, and termination provisions.

Waiver and Severability

No waiver by Eightfold of any term or condition set out 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 Eightfold 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 constitute the only agreement between you and us regarding the Website and supersede all prior agreements regarding the Website.

Your Comments and Concerns

The Website is operated by Eightfold AI Inc., with offices at 480 Ellis Street, Mountain View, CA 94043.

All notices of privacy related requests should be directed to the contact information designated in our Privacy Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to the contact information at https://eightfold.ai/contact-us/.