Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the Talented application platform at apply.scouttalented.com and related Talented-operated subdomains (the “Platform”), operated by Talented LLC (“Talented,” “we,” “our”). By accessing the Platform, submitting an application, or otherwise interacting with the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

These Terms apply to visitors, applicants, and candidates. They do not govern any commercial relationship between Talented and the companies that engage our recruiting services; those relationships are governed by a separate, individually negotiated agreement (see Section 11).

1. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Platform. By using the Platform, you represent that you meet this requirement and that you are legally able to enter into a binding agreement and to work in the role(s) you are applying for.

You may not use the Platform if you are located in, ordinarily resident in, or a national of a country or region subject to comprehensive U.S. sanctions or export controls (currently including Cuba, Iran, North Korea, Syria, and the Russia-occupied regions of Ukraine), or if you appear on a U.S. government restricted-party list. We may decline to present any candidate whose engagement would violate applicable sanctions, export-control, or anti-money-laundering laws.

2. Accurate Information

You agree to provide truthful, accurate, and complete information in your applications, assessments, and any other submissions. Misrepresenting your identity, credentials, work history, or location, or impersonating another person, is grounds for immediate removal from the Platform and disqualification from current and future opportunities.

3. Content You Submit

You retain ownership of the content you submit through the Platform — including your résumé, written and recorded assessment responses, audio and video interviews, and any other materials (collectively, “Your Content”). By submitting Your Content, you grant Talented a worldwide, royalty-free, non-exclusive license to host, store, process, transcribe, translate, analyze, and share Your Content with prospective clients for the limited purpose of evaluating you for and presenting you to potential roles, consistent with our Privacy Policy.

You represent and warrant that you have the right to submit Your Content and that it does not infringe any third party’s rights or contain unlawful material.

The license you grant lasts only as long as we retain Your Content under our retention schedule (see our Privacy Policy, Section 7). When Your Content is deleted or anonymized in line with that schedule, the license ends as to the deleted or anonymized material.

4. Prohibited Conduct

You agree not to:

• Submit false, misleading, or fraudulent information;
• Impersonate another person or misrepresent your affiliation with any person or organization;
• Submit assessment responses on behalf of someone else, or use unauthorized assistance (including third-party services) in a way that misrepresents your abilities;
• Upload or transmit any virus, malware, or other harmful code;
• Scrape, crawl, or otherwise extract data from the Platform without our prior written consent;
• Circumvent, disable, or otherwise interfere with security-related features of the Platform;
• Use the Platform in violation of any applicable law or regulation.

5. No Employment Relationship

Talented operates as an independent recruiting and talent-placement firm. Using the Platform, submitting an application, or being presented to a client does not create an employment, agency, partnership, or joint-venture relationship between you and Talented. Talented is not your employer.

Any working relationship that arises from a successful placement is between you and the hiring client directly, and is governed by whatever contract you and that client agree to. Talented is not a party to that contract.

Because you are not an employee of Talented and (typically) not an employee of the hiring client, you are responsible for understanding and complying with the laws of your country of residence regarding your engagement, including without limitation: classification as a contractor or employee, business or freelancer registration, income-tax withholding and reporting, social-security or equivalent contributions, mandatory benefits, foreign-exchange and inbound-payment rules, and any required permits, visas, or authorizations. Talented does not provide legal, tax, or immigration advice and strongly recommends that you consult qualified local counsel before entering into a working relationship with a client.

6. No Guarantee of Placement

We do not guarantee that you will be selected, shortlisted, interviewed, or placed in any role. Application outcomes depend on factors including client demand, role requirements, your qualifications, assessment results, and timing, many of which are outside our control.

7. Communications

By submitting an application or signing up for our newsletter, you consent to receive transactional and marketing communications from us (and, where you have been presented to a client, from that client) by email and other channels you provide. You may opt out of marketing communications at any time using the unsubscribe link or by contacting us.

8. Intellectual Property

The Platform, including its design, layout, code, text, graphics, and trademarks, is owned by Talented or its licensors and is protected by intellectual-property laws. Except for the rights expressly granted to you in these Terms, no rights are granted to you in the Platform or any Talented intellectual property.

9. Disclaimers

The Platform is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. We do not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

10. Limitation of Liability

To the maximum extent permitted by law, in no event will Talented or its officers, directors, employees, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or opportunities, arising out of or in connection with your use of the Platform, even if we have been advised of the possibility of such damages. Our total aggregate liability arising out of or in connection with these Terms will not exceed one hundred U.S. dollars (US$100).

11. Client Engagements Are Separate

Nothing in these Terms is intended to govern, describe, or offer the commercial terms under which Talented provides recruiting services to its corporate clients. Those terms are set out in a separate written agreement signed by Talented and the relevant client. These Terms do not modify, supplement, or replace any such agreement, and the existence of these Terms should not be construed as a public offer of recruiting services on any particular terms.

12. Suspension and Termination

We may suspend or terminate your access to the Platform at any time, with or without notice, if we believe you have violated these Terms or otherwise pose a risk to Talented, our clients, or other applicants. Sections that by their nature should survive termination (including Sections 3, 8, 9, 10, 11, 14, and 15) will survive.

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted on this page with a revised effective date. Your continued use of the Platform after such changes constitutes acceptance of the revised Terms.

14. Governing Law and Forum

These Terms are governed by the laws of the State of Maryland, USA, without regard to its conflict-of-laws principles. The state and federal courts located in Maryland will have non-exclusive jurisdiction over any dispute arising out of or relating to these Terms, and you and Talented each consent to that jurisdiction.

If you are a consumer ordinarily resident in a country whose laws require disputes to be heard in your local courts or under your local law, nothing in this Section limits those mandatory rights, and you may bring proceedings in the courts of your country of residence. Talented may also bring proceedings against you in those courts where required by law. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

15. Mandatory Local Rights

Nothing in these Terms is intended to exclude, restrict, or limit any right that you have under the mandatory consumer-protection, employment, data-protection, or other laws of your country of residence that cannot be waived by contract. To the extent any provision of these Terms (including the disclaimers in Section 9, the limitation of liability in Section 10, or the content license in Section 3) is unenforceable against you under those mandatory laws, that provision will apply only to the maximum extent permitted, and the remainder of these Terms will continue in full force.

16. Language

These Terms, the Platform, and our communications with you are provided in English. If we provide a translation for convenience, the English version controls in the event of any conflict, except where local law requires otherwise.

17. Contact