Terms of use | Talent Gate

These Talent Gate Terms of Use apply solely to this particular website, all its page and sub pages accessed directly as a visitor or a registered user. This website allows you to manage your account information for all services provided to you by Talent Gate.

By accessing www.talentgate.ro in any way, you are agreeing to comply with these Terms of Use, including any documents, policies and guidelines incorporated by reference herein (referred to collectively as the "Terms" or the "Agreement"). These Terms state the terms and conditions that govern your use of the Talent Gate website. As used herein, the terms "Talent Gate", "us," "we," or "our" means Talent Gate and all the companies members of The Leadership Alliance, respectively Leadership Development Solutions and BrainBank; and "User", "you" or "your" means (1) an individual or entity that is the owner of an account or (2) an individual authorized by an account owner or a party-in-interest to view account information and/or effect transactions on an account.

In addition, certain portions or pages of this website are subject to additional disclosures and disclaimers. In the event of a conflict between those disclosures and disclaimers, and these Terms, the additional disclosures and disclaimers will govern for those portions or pages.

IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE TALENT GATE.

Access by Members

Access to the Talent Gate requires a username and password. Talent Gate provides Users with an initial username and password after which User is solely responsible for all control, management, dissemination of, and creation of new, usernames and passwords. Any access to these sites via such username and password or secure link is deemed by Talent Gate to be done with User's authorization and User agrees to be responsible for all activities that occur under your user names and passwords including, but not limited to, any orders placed for services and any security breaches. Furthermore, you agree that you will exit from your account at the end of each session.

Access to and Use of Content on Talent Gate

Permission to make and internally use copies of the text, graphics, images, video and audio files and other information ("Content") from the Talent Gate is granted subject to the following conditions:

Any copies shall be used only for User's internal, non-commercial use.
Any copies must include the following copyright notice: "Copyright 2008 Talent Gate. All rights reserved".
Permission is granted only to the User/User legally accessing the Talent Gate and is not transferable to any other person or entity.
User may use, modify, copy, print, display, reproduce, distribute, manipulate, or publish the Individual Report and the General Assessment Report from this site without the express prior written permission of Talent Gate.

Without the express prior written authorization of Talent Gate, User may not:

Decompile, reverse engineer, modify or disassemble any of the software in or associated with the Talent Gate network and server.
Use any meta tags or any other "hidden text" utilizing Talent Gate's name or any Talent Gate trademark without Talent Gate's prior written permission
Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Talent Gate or use any Talent Gate trademark except as set forth in the foregoing limited license in these terms and conditions; or otherwise exceed the limited access to the site as authorized by Talent Gate.
Talent Gate reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions and to suspend or end service for any operational or governmental reason or violation of these terms and conditions. Unauthorized use of this site or the network infrastructure and/or data display by a person or entity that is not the authorized user of the account is illegal and Talent Gate reserves the right to take legal action.
The Content may contain other proprietary notices or describe products, services, processes or technologies owned by Talent Gate or third parties. Except for the foregoing limited license to make and internally use copies of the Content, nothing contained herein shall be construed as granting to User/User a license under any copyright, trademark, patent or other intellectual property right of Talent Gate or any third party.

Requirements for linking to the Talent Gate. User may link to this site, subject to the following guidelines:

Links may only be to the main login page, and not to pages within the site itself.
The Talent Gate link must not appear connected to any other logos and graphics.
The Talent Gate link must not be used in any way that implies an endorsement by Talent Gate of any third party or their product or service.
User may use a text hyperlink and/or Talent Gate logo only on User's websites using secure link to these sites accessible only by User employees or Users from behind User's corporate firewall.
The Talent Gate name must not be associated with unfair, deceptive or libelous advertising or commentary or used in any way that will tend to injure or compromise our professional reputation and corporate identity and policies.
Talent Gate may review User's site to review its use of Talent Gate logos and direct User to change the location, size, type and color of its use of the Talent Gate logo.
User shall remove any links and/or discontinue its use of any Talent Gate logo immediately upon Talent Gate's request.
User text hyperlinks must include the following company name: Talent Gate. No stylization is permitted.

NO WARRANTY. TALENT GATE (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) PROVIDE THE TALENT GATE ON AN "AS IS," AS AVAILABLE, BASIS, WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, OR THOSE WARRANTIES WHICH MAY ARISE BY COURSE OF DEALING, OR COURSE OF TRADE.

ALSO, THERE IS NO WARRANTY OF LACK OF VIRUSES OR OTHER DISABLING CODE OR CONDITION, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. THE ENTIRE RISK ARISING OUT OF THE USE, QUALITY, ACCURACY, EFFORT, OR PERFORMANCE OF THE TALENT GATE IS WITH YOU. IN ADDITION, TALENT GATE DOES NOT WARRANT THE SECURITY OF THE TALENT GATE OR, INFORMATION, SOFTWARE, CONTENT, AND FEATURES AVAILABLE THROUGH IT WILL BE UNINTERRUPTED, ERROR-FREE, PROVIDED PROPERLY OR COMPLETELY, OR BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK. TALENT GATE IN ITS DISCRETION MAY PROVIDE SUPPORT FOR THE TALENT GATE.

Limitation of Liability.

IN NO EVENT WILL TALENT GATE BE LIABLE TO ANY PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, PERFORMANCE OF THE TALENT GATE, PROVISION OF OR FAILURE TO PROVIDE THE TALENT GATE, LOSS OF DATA, YOUR ACCESS OR INABILITY TO ACCESS OR USE THE TALENT GATE OR YOUR USE AND RELIANCE ON INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE TALENT GATE, INCLUDING VIRUSES ALLEGED TO HAVE BEEN OBTAINED, OR INVASION OF PRIVACY FROM OR THROUGH THE TALENT GATE, EVEN IF TALENT GATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE;

(ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER DYSFUNCTION IN, OR DESTRUCTIVE PROPERTIES OF, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE TALENT GATE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, TALENT GATE'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Potential Disruption of Service.

Access to the Talent Gate may from time to time be unavailable, delayed, limited or slowed due to, among other things: a. hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment; overload of system capacities; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content; damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters; or d. any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Talent Gate.

Changes to Agreement.

Talent Gate reserves the right, from time to time, to amend or change this Agreement (including any of the policies which may be applicable to your use of the Talent Gate) by posting such revisions to the Talent Gate Terms link. Your continued use of the Talent Gate following the posting of changes will constitute your acceptance of such changes. Please check the Talent Gate Terms link from time to time to review current versions of this Agreement. Moreover Talent Gate reserves the right and sole discretion to change, limit, terminate, modify at any time, temporarily or permanently cease to provide the Talent Gate or any part thereof to any user or group of users, without prior notice and for any reason or no reason. In the event you or Talent Gate terminate this Agreement, you must immediately stop using the Talent Gate.

Intellectual Property Rights.

All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the Talent Gate (including but not limited to, related software and including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the software, and any copies of the software), are owned by Talent Gate, its affiliates or suppliers.

Indemnification.

You agree to defend, indemnify and hold harmless Talent Gate and its directors, employees, agents and suppliers from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from any failure to comply with this Agreement by you (or any parties who use your computer, with or without your permission, to access the Talent Gate).

Miscellaneous provisions.

By transmitting, uploading, posting or submitting any information or material using the Web site Tools, you

Represent that such information is not confidential, secret or proprietary information belonging to someone else;
Warrant that no other party has rights to the information and that your transmission, posting, uploading or submission of the information does not violate any copyright or other laws.

This Agreement, including all attachments hereto, which are fully incorporated into this Agreement, and also including all policies and notices incorporated into this Agreement by reference, constitutes the entire agreement between you and Talent Gate with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. You agree not to assign or otherwise transfer this Agreement in whole or in part; any attempt to do so shall be void. This Agreement may be revised by Talent Gate as set forth in paragraph "Changes to Agreement", above. Any terms varying from this Agreement in any written or electronic communication from you are void.