Terms & Conditions

The Talently

Introduction:

These terms and conditions (“Terms”) govern your use of the services offered by The Talently, a digital marketing agency. By accessing or using the services, you acknowledge that you have read, understood, and agree to be bound by these Terms. The Talently reserves the right to make changes to these Terms at any time and will provide notice of any such changes.

User of Services:

The services offered by The Talently include, but are not limited to, coaching, virtual assistance, email marketing, content creation, and social media management. In order to access and use the services, you must agree to these Terms. The services are intended for use by individuals who are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are using the services on behalf of a business or other entity, you represent that you have the authority to bind such entity to these Terms.

Eligibility:

By using the services, you represent and warrant that you meet the eligibility requirements set forth in these Terms, and that you will not use the services for any illegal or unauthorized purpose. The Talently reserves the right to refuse or cancel services to anyone at any time for any reason.

Service Rules:

You agree to use the services only for lawful purposes and in accordance with these Terms. You agree not to use the services: (a) in any manner that could damage, disable, overburden, or impair the services or interfere with any other party’s use and enjoyment of the services; (b) to gain unauthorized access to or interfere with the performance of the services or any data, systems or networks; or (c) to modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the services.

Proprietary Rights:

The Talently retains all proprietary rights in and to the services, including all software, content, and other materials made available through the services. You agree not to copy, reproduce, distribute, sell, transfer, or otherwise exploit the services, except as expressly authorized by The Talently.

Paid Services:

Some of the services offered by The Talently are subject to fees. The fees for these services will be indicated at the time you purchase the service. The Talently reserves the right to change its fees for services at any time, without notice. You agree to pay all fees associated with the services you use in a timely manner.

No Refunds:

All fees charged by The Talently are non-refundable, except as specifically provided otherwise in writing by The Talently.

Payment Information:

You agree to provide The Talently with accurate and complete payment information. The Talently may charge fees to your payment method in accordance with these Terms. If your payment method is declined or fails, you agree to pay all amounts due upon demand.

California Residents:

If you are a resident of California, you have the right to request information regarding the use of “personally identifiable information” (as defined by California Civil Code 1798.83) that The Talently has collected about you. To request such information, please contact The Talently in writing.

Privacy:

The Talently is committed to protecting your privacy. The Talently's privacy policy, which is incorporated into these Terms by reference, describes the information The Talently collects, how it is used, and how you can control your information. By using the services, you agree to the collection.

Security:

The Talently takes reasonable steps to secure your personal information and protect it from unauthorized access, use, or disclosure. However, no data transmission over the internet or storage of information can be guaranteed to be 100% secure. As a result, while The Talently strives to protect your personal information, it cannot ensure or warrant the security of any information you transmit to The Talently, and you do so at your own risk.

Third Party Links:

The services may contain links to third-party websites or services that are not owned or controlled by The Talently. The Talently has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that The Talently will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party websites or services.

Indemnity:

You agree to defend, indemnify, and hold harmless The Talently and its affiliates, employees, contractors, agents, and officers from and against any claims, damages, liabilities, costs, and expenses, including attorney's fees, arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your breach of any terms of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule, or regulation; (v) any content submitted through your account, including any false or misleading information; (vi) your willful misconduct; or (vii) any unauthorized access to the Services using your unique username, password, or other security code.

No Warranty:

The Services are provided "as is" and "as available". Use of the Services is at your own risk. To the fullest extent permitted by applicable law, the Services are provided without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Talently does not make any representations or warranties regarding the accuracy, reliability, completeness, or timeliness of the Services or the content available through the Services.

The Talently does not endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any hyperlinked website or service. The Talently will not be a party to or in any way monitor any transaction between you and third-party providers of such products or services.

Limitation of Liability:

To the fullest extent permitted by applicable law, The Talently and its affiliates, employees, contractors, agents, and officers shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the use of the Services, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses. The Talently shall not be responsible for any damage, loss, or injury resulting from hacking, tampering, or unauthorized access to the Services or your account. Under no circumstances will the total liability of The Talently to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Services.

Class Action Waiver:

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE TALENTLY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Governing Law:

These Terms and the services provided by The Talently will be governed by the laws of the state in which The Talently is headquartered, without giving effect to any conflict of laws principles.

Arbitration:

Any disputes arising out of or in connection with these Terms or the services will be resolved through binding arbitration, rather than in court. The arbitration will be conducted under the rules of the American Arbitration Association. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

General Terms:

This Agreement constitutes the entire agreement between you and The Talently regarding the use of the Services and supersedes all prior agreements, representations, and understandings, whether written or verbal. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

The Talently may assign its rights and obligations under this Agreement without notice to you. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of The Talently.

The failure of the Talently to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event of any conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

If you have any questions or concerns regarding these terms and conditions or the Services, please contact us at info@thetalently.com.