Terms of Use
Welcome to the Talent Resource Navigator web site (the "Site"). The Talent Resource Navigator is intended for use only for lawful purposes by individuals or employers seeking to identify talent and training partners, providers, and/or promising practices throughout the state of Indiana and partners who want to publish and communicate their offerings or abilities to potential end users (collectively "intended users"). By using this Site, you agree that you have read, understand and agree that you are one of these intended or other users ("you") and you agree to be bound by the following terms of use ("Terms") and by all applicable laws and regulations (including export and re-export control laws), and you agree that you are responsible for compliance with any applicable local laws. You also agree to review this agreement periodically in order to be aware of modifications to the agreement, which modifications the Talent Resource Navigator may make from time-to-time and at any time. Your continued access or use of the Site will be deemed your conclusive acceptance of any modified agreement. IF YOU DO NOT AGREE TO ALL OF THE TERMS, PLEASE DO NOT USE OR POST ANY INFORMATION TO THE SITE. EVEN IF YOU AGREE TO BE BOUND BY THE TERMS, WHICH The Talent Resource Navigator RESERVES THE RIGHT TO CHANGE AS NOTED, The Talent Resource Navigator MAY WITHOUT FURTHER NOTICE TERMINATE YOUR REGISTRATION AND RIGHT TO USE THIS SITE AND MAY EXERCISE ALL RIGHTS AND REMEDIES PROVIDED IN THIS AGREEMENT OR BY LAW.
This Site is a forum for training and resource providers (“Providers”), Individuals (“Consumers”), and businesses ("Employers") to share information and learn about talent development and training resources available across the state of Indiana. The ultimate transaction between Employers, Consumers, and/or Providers, however, does not occur on this Site and the Talent Resource Navigator is not a party to any such transaction and will not be responsible or liable for any such transaction. Nothing in this agreement creates a joint venture, partnership, employment, or agency relationship between the Talent Resource Navigator and any user, Consumer, Provider, and Employer, or other party. You agree that the Talent Resource Navigator is only an intermediary that merely relays information about certain resources by and between registered Users, and provides Content of general interest to non-registered users.
Password and User Login
You may choose to become a registered user ("User") by filling out the online registration form which is subject to our Privacy Policy. In registering to become a User, you agree to provide true, accurate, current, and complete information on the registration form (collectively "Registration Data") and to update the Registration Data to keep it true, accurate, current, and complete. As a User, you will be issued a User login and password, for which you are responsible for maintaining confidential. You are responsible for all use, whether authorized or not, of the Site under your registered account; and you agree to notify the Talent Resource Navigator staff of unauthorized use of your user login, password or confidential information. You also agree to refrain from disclosing and/or sharing your password with any third party; from deleting or revising material posted by other Users; and/or from gaining access to The Talent Resource Navigator for any unauthorized purpose. The Talent Resource Navigator is not liable for any unauthorized use of the Site.
General and Specific Prohibitions
In connection with your use of the Site, you agree to use the Site for lawful and legitimate purposes only. Accordingly, you agree that you will not: (1) transmit any message, information, text, file, software, source code, data, graphic, photograph, graph, sound, image, audio and/or video clip or other material (collectively "Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable or that may invade another's right of privacy or publicity; (2) impersonate any person or entity or misrepresent your condition or state of mind; (3) post or transmit any Content that any law or contractual or fiduciary duty prohibits you from reproducing, displaying, or transmitting; (4) post or transmit any Content that contains a virus or corrupted data; (5) delete any author attributions, legal notices, or proprietary designations or labels that you upload to any communication feature; (6) use the Site's communication features in any manner that adversely affects the availability of its resources to other users; (7) post or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," business opportunities requiring up-front periodic payments, or any other form of unlawful solicitation, illegal business opportunity, or other inappropriate material; (8) violate any applicable local, state, national, or international law; (9) upload, transmit or submit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (10) post to the Site any incomplete, false, inaccurate, or misleading information about yourself or any other party; (11) delete or revise any Site Content or any Material posted by any other person or entity; (12) manipulate or otherwise display the Site by "deep linking," "framing" or similar navigational technology; (13) violate The Talent Resource Navigator security mechanisms; (14) access any data or server you are not authorized to access; or (15) otherwise breach the security of the Site or corrupt the Site in any way.
Intellectual Property
The Talent Resource Navigator retains all worldwide rights in its intellectual property, including, but not limited to, its trademarks, inventions, ideas, trade secrets, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original Content included on the Site. All Content on the Site is the property of The Talent Resource Navigator or its licensor(s). While third-party Content providers retain copyright of their own works, and are responsible for the accuracy, integrity, quality, legality, and non-infringing nature of such Content, The Talent Resource Navigator retains all intellectual property rights in the compilation, collection, selection, arrangement, assembly, display and coordination of the Content available on the Site. All rights are reserved. Therefore, you should assume that everything you read or see on the Site is copyrighted or otherwise protected and owned by The Talent Resource Navigator or some third party who licensed to The Talent Resource Navigator the right to use such Content. Generally, unless otherwise expressly noted, no Content that you read or see on the Site may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of The Talent Resource Navigator or its licensor(s) except as provided in these Terms. However, you may reproduce Content solely for your personal, non-commercial, educational and informational use ("Authorized uses") and only if you keep such reproduced Content intact with proper attribution and display of the copyright notice. Thus, you may download, print, or view this Content on your personal computer, provided you do so for an Authorized use and provided you do not delete or change any of the information, including copyright and trademark notices. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter or modify any Content. This permission is not a transfer of title, and under this permission you may not:
- use the Content for any public display (commercial or noncommercial) or for any commercial purpose other than for your organization's internal purposes;
- remove any copyright, trademark or other proprietary notations from the materials;
- transfer the Content to another person, "frame" the Content, "deep link" to the Content, or "mirror" the Content on any other server;
- copy or modify, reverse engineer, disassemble, redistribute, republish, upload, adapt or reuse any of the text, graphics, or other Content or any of the source code or HTML code The Talent Resource Navigator uses to generate its pages, database, and search engines without The Talent Resource Navigator's prior written permission.
This permission terminates automatically without notice if you breach any of these Terms or any applicable law. Upon termination, you immediately must destroy any downloaded and/or printed Content.
Unless otherwise indicated, all trademarks, graphics, logos, names, package designs, and other marks used on this Site are owned by The Talent Resource Navigator and its partners and are used under license from same. The use or misuse of any of these marks or other information is strictly prohibited. The trademarks and service marks ("Trademarks") used or displayed on the Talent Resource Navigator Site are registered and/or unregistered trademarks of The Talent Resource Navigator or its partners, unless otherwise noted. Nothing in this Site should be implied as granting any license or right to use any Trademarks displayed on the Site without the express prior written permission of The Talent Resource Navigator or other trademark owner. The names "The Talent Resource Navigator", "talentresourcenavigator.com", and “The Talent Resource Navigator.com" and any of the Talent Resource Navigator logos, may not be used in connection with any third-party products or services in any manner that disparages or discredits The Talent Resource Navigator or in any way without The Talent Resource Navigator's express written permission. All other brands and names are the property of their respective owners.
We make no warranties or representations to you that your use of any Content displayed on the Site will not infringe the rights of third parties.
Third Party Web Sites
This Site may contain links and pointers to Internet sites maintained by others ("third party sites"). The Talent Resource Navigator does not purport to review, monitor, or endorse any such third party sites, and The Talent Resource Navigator: is not responsible or liable for the content or availability of such sites; does not warrant, guarantee, endorse, recommend, or otherwise promote the products, processes, services, or content of such sites or of any external site; and makes no representation whatsoever about such sites. Rather, such links are provided solely for your convenience. Site users agree that The Talent Resource Navigator is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content, goods, or services available on such external sites. Once you link to another site, you are subject to the privacy policy of the new site. This includes the sites that you may link to through our search engine, if any.
No license is implied and none should be inferred to allow linking to this Site using any framing technology or to allow "deep linking" to any page on this Site other than the home page, and we reserve all of our rights under the law to insist that any such link to this Site be discontinued.
User Information and Privacy Protection
The Talent Resource Navigator respects and pledges to protect your privacy consistent with this Site's posted Privacy Policy. Please see The Talent Resource Navigator's Privacy Policy for further details.
Submitted Information
If you submit any Content to us, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, recipes, or other information, then you grant to The Talent Resource Navigator and all other users of the Site a worldwide, royalty-free, and nonexclusive license to reproduce, modify, distribute, transmit, display, perform, adapt and publish or otherwise use the Content (including in digital form) as we see fit without your consent and without payment to you or anyone else, and you acknowledge that such Content will be treated as non-confidential and non-proprietary. This is true whether you submit such Content to us by e-mail, through a form on the Site, through a chat feature, or in any other manner.
The Talent Resource Navigator and its designees have the right (but not the obligation) in their sole discretion to screen, block, or restrict access to, or the availability of, or to disable, any Content that is available on the Site. You must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Without limiting the foregoing, The Talent Resource Navigator and its designees may disable, restrict access to or the availability of, any Content that violates the Terms, is illegal, or is otherwise objectionable. You acknowledge that you are solely responsible for the Content that you submit, and that you, not The Talent Resource Navigator, have full responsibility for the Content, including its legality, reliability, appropriateness, originality, and copyright. Therefore, you agree not to submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law or any right of another. The Talent Resource Navigator reserves the right to pursue all legal or procedural remedies arising out of violations of the above stated policy, including but not limited to the deletion of postings from the Site and/or immediate termination of your registration and/or ability to access The Talent Resource Navigator or any other services provided by us.
Disclaimer and Limitations of Liability
THIS SITE AND ALL CONTENT, INFORMATION, SERVICES, AND PRODUCTS CONTAINED ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Talent Resource Navigator MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, QUALITY, TRUTH, OR SUITABILITY OF ANY OF THE MATERIAL ON THIS SITE, OR ON ANY SITE OR SITES "LINKED" TO THIS SITE. The Talent Resource Navigator MAKES NO WARRANTY THAT THE WEB SITE WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Talent Resource Navigator MAKES NO WARRANTY THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, OR RECIPES ON THE SITE. The Talent Resource Navigator WILL NOT BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION ON THIS SITE OR ON ANY LINKED SITE. IN ANY CASE, The Talent Resource Navigator's LIABILITY TO YOU FOR ANY LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER IN CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SITE.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
ANY INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM The Talent Resource Navigator WILL NOT CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. The Talent Resource Navigator's EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.
Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL The Talent Resource Navigator OR ITS PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, FOR WHATEVER REASON, OR CONNECTED WITH ANY INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OR OTHER ECONOMIC ADVANTAGE WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF The Talent Resource Navigator OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT WILL THE TOTAL LIABILITY OF The Talent Resource Navigator AND ITS PARTNERS RELATED TO OR ARISING FROM USE OF THIS SITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED, IN THE AGGREGATE, THE FEES PAID, IF ANY, TO The Talent Resource Navigator AND ITS PARTNERS BY THE AGGRIEVED PARTY, EVEN IF The Talent Resource Navigator OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM AGAINST The Talent Resource Navigator OR ITS PARTNERS FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENT.
Indemnity
You covenant not to sue, whether in contract, tort, or otherwise, and you agree to defend, indemnify, and hold The Talent Resource Navigator and its Partners and affiliates, and all of their officers, directors, shareholders, legal representatives, co-branders, partners, employees, successors, assigns, and agents harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (1) your use of this Site, (2) your breach of this Agreement, and (3) your dispute with another User of the Site. You will not settle or otherwise dispose of any matter that is subject to indemnification by you without the prior written consent of The Talent Resource Navigator. The Talent Resource Navigator reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Domestic Use Only
All materials on this Site are provided solely for the purpose of promoting The Talent Resource Navigator's operations in Indiana. The Talent Resource Navigator makes no representation that the materials on the Site are appropriate or available for use in other locations. If despite these conditions, you use the Site from outside of Indiana, you are solely responsible for compliance with any applicable local laws. The Talent Resource Navigator does not consent to jurisdiction in any forum outside of Indiana.
Modification and Termination of this Agreement
The Talent Resource Navigator reserves the right, in its sole discretion, to change, modify or discontinue any aspect or feature of this Site, including without limitation, the content, availability, access and/or the Terms of this Site, in whole or in part, or to impose new conditions, including without limitation adding fees and charges for use at any time without prior notice to you. Such changes, modifications, additions, or deletions will be effective immediately upon notice thereof, which notice may include posting such changes on this Site. The Talent Resource Navigator may terminate this agreement at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or it may terminate this agreement for its convenience or for any other reason. You may terminate this agreement at any time by destroying all materials received from The Talent Resource Navigator Site and ceasing to use the Site.
Miscellaneous
If any court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, then such provision will be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of the Agreement will remain in full force and effect.
The section headings in this Agreement are for the convenience of the parties only, and will have no substantive meaning and will not be used to construe or interpret any provision of this Agreement.
The Talent Resource Navigator's failure to insist on strict performance of any of the Terms of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by The Talent Resource Navigator of any right under this Agreement will be deemed to be either a waiver of any other such right or provision, or a waiver of that same right or provision at any other time.
This Agreement is governed by, and will be construed and enforced according to, the laws of the State of Indiana, U.S.A., without regard to any provision that would make the laws of another jurisdiction applicable. You consent to the exclusive jurisdiction and venue of the federal and state courts sitting in Indianapolis, Indiana, U.S.A., with respect to any disputes arising under this Agreement and/or in relation to any information, content, use, or transaction associated with this Site.
You agree to comply with all applicable laws, including any international laws, in using the Site.
If you have questions regarding this Site, please contact us at 317-264-6852. The Talent Resource Navigator also welcomes your feedback and suggestions about how to improve this Site. Official correspondence must be sent by postal mail to:
The Talent Resource Navigatorc/o Indiana Chamber of Commerce
115 West Washington St., Suite 850 S.
Indianapolis, Indiana 46204
This Agreement constitutes the entire agreement between you and The Talent Resource Navigator with respect to the matters covered by this Agreement, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and The Talent Resource Navigator with respect to subject matter.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT REGISTER TO USE THE SITE OR POST ANY INFORMATION TO THE SITE.