Terms and Conditions

Software License Agreement

By accessing TalentMarker or using TalentMarker’s services, you (the “Customer”) are entering into a legal contract with Novice Corporation (“TalentMarker”) and explicitly accept the collection, use, and transfer of information. Additionally, you agree to be bound by these Terms of Use and well as by the Privacy Policy.

License Grants

TalentMarker grants to Customer a non-transferable, non-exclusive license (“License”) to access and use the TalentMarker.com website (“Website”) in order to create and administer skills tests for the purpose of recruiting and training staff for their organization, subject to the terms of this Agreement.

Reasonable Usage Limits With the expectation that usage is for a customer’s use only – not for resale or redistribution to 3rd party users without written permission – TalentMarker reserves the right to review Customer’s test volumes for reasonable usage, given the Customer’s type of usage license, and associated hiring, training, or staffing service needs. Any exceptions, such as for resellers or staffing firms, must be specified in the invoice details, or otherwise in writing and accompanied by an authorized TalentMarker signature.

Terms and Termination

TalentMarker shall retain Customer’s tests and test scores in TalentMarker’s database for a period of up to 1 (one) year after Customer’s account expires. After this time, all of Customer’s tests and scores may be permanently deleted from TalentMarker’s database.

This Agreement will commence upon Customer’s confirmed purchase of TalentMarker services, and continue through the term of services provided. Termination for Convenience is not provided.

TalentMarker reserves the right to prevent, cancel or suspend any individual’s, employer’s, recruitment professional’s, or others’ access to the Website on account of a violation of this Agreement or other good cause. Unless prohibited by law, TalentMarker will promptly attempt to contact Customer, describe the issue(s) that caused it to exercise these rights and attempt to resolve the issue and resume Service. Notwithstanding, TalentMarker may terminate this Agreement in the event the Customer breaches any material provision of this Agreement.

Service Fees / Payments / Invoices

Customer agrees to pay the amount specified on the TalentMarker online purchase page or on an accompanying invoice for the test credits or subscription license chosen by Customer.

Confidentiality

Except upon the express written consent of TalentMarker, Customer agrees that it shall not disclose and shall not, directly or indirectly, for itself or on behalf of others, use in any future endeavor of any kind, any information deemed to be TalentMarker “Confidential Information”. “Confidential Information” shall mean any and all information obtained from the Website or from TalentMarker during the term of this Agreement, unless it is already in the public domain, becomes public through no fault of Customer or is received by Customer from a third party who has a right to disclose it on a non-confidential basis.

Intellectual Property

All Website Materials are the copyrighted property of TalentMarker. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of TalentMarker or the respective copyright owner.

Trademarks

TalentMarker®, TalentMarker.com, the TalentMarker logo and the other marks and brands associated with TalentMarker’s products and services described in this Website (the “Marks”) are trademarks or service marks, registered or unregistered, of TalentMarker and may not be copied, imitated or used, in whole or in part, without the prior written permission of TalentMarker. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of TalentMarker, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TalentMarker. All other trademarks, service marks, product names and company names or logos mentioned herein are the property of their respective owners.

Permission is granted to Customer to display, copy, distribute and download the Materials on this Website for use, only in connection with its own hiring and staffing processes, and not for resale or redistribution to, or use on behalf of, any third party, without TalentMarker’s express written permission; provided that Customer may not, without the permission of TalentMarker or the respective copyright owner, (i) copy, publish or post any Materials, in whole or in part, on any computer network or broadcast or publications media, (ii) modify the Materials, or (iii) remove or alter any copyright or other proprietary notices contained in the Materials. Customer may not copy or adapt the HTML code that TalentMarker creates to generate its pages. Additionally, Customer may not reverse engineer, decompile, recompile, translate, adapt or disassemble the Software or any part thereof or otherwise attempt to access the Software source code in any manner. Such code is also considered to be Material protected by TalentMarker’s copyright.

Unauthorized use of the Materials or Marks may violate copyright, trademark and other laws. For any copy of the Materials that Customer may subsequently produce, Customer shall retain all proprietary notifications, such as the copyright and trademark notices contained in the original Materials. Customer may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose. The use of the Materials on any other website or in a networked computer environment for any purpose is prohibited.