Terms

Last Updated: September 28, 2023 

Horizontal Integration, Inc. dba Horizontal Talent (“Horizontal Talent,” “we,” “us”) is proud to offer the information and services available via our website, horizontaltalent.com (the “Services”).   

These Terms and Conditions (“Terms”) are a contract between you and Horizontal Talent and govern your access and use of the Services. “You” and similar terms means you, as an individual, as well as any organization, business, or entity on whose behalf you are accessing or using the Services (“Organization”). By accessing or using the Services, and entering into these Terms, you represent and warrant that you are authorized to enter into these Terms on behalf of yourself and such Organization.  

By: (i) accessing or using the Services, including visiting our website, registering as a user on the Horizontal Talent platform, or otherwise engaging with the features on our website, or (ii) otherwise clicking on the “I Agree,” “Submit,” “Create Account,” or similar button or check box when prompted, you accept and agree to be bound and abide by these Terms. You also agree to bind the Organization on whose behalf you are accessing or using the Services. If you do not want to agree to these Terms, you must not access or use the Services. 

THESE TERMS CONTAIN A CLASS ACTION WAIVER AND WAIVER OF JURY TRIAL; PLEASE REVIEW THOSE PROVISIONS CAREFULLY. 

You understand that we reserve the right to change or amend these Terms from time to time. Except as otherwise required by law, all changes shall be immediately effective upon their posting to the Services. You acknowledge and agree that your continued access and use of the Services following such changes shall be deemed acceptance by you of any new or amended provisions of these Terms.  

  1. ELIGIBILITY. By accessing or using the Services, and/or authorizing the use of the Services by another individual, you represent and warrant that you are 18 years of age or older and otherwise meet all of the requirements contained herein to enter into these Terms. If you do not meet all of these requirements, you must not access or use the Services. Those who choose to access the Services from outside of the United States do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules, and regulations in their respective location in doing so. 

  2. PRIVACY POLICY. Your access and use of the Services, including your creation of an account, is subject to the Horizontal Talent Privacy Policy. Please carefully review our Privacy Policy. You agree that the collection, use, and disclosure of your information is governed by the Horizontal Talent Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Horizontal Talent Privacy Policy. 

  3. LICENSE GRANT. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, personal right to access and use the Services, during the Term, solely and strictly in accordance with these Terms for lawful, non-commercial purposes. You understand and agree that the Services are provided under license to you, not being sold to you, and you do not gain any ownership interest of any kind in the Services under these Terms. You are not in any way authorized by the license granted hereunder, or these Terms, to exploit the Services to compete with Horizontal Talent’s business.
       
  4. USER TYPES AND OBLIGATIONS. In addition to the users of our Services who are general website visitors and business-to-business contacts, the following are the types of users that are authorized to register to use the Services (collectively, and together with general website visitors, “Users”): 

    • Candidates: A “Candidate” user type means individual users who have been are accessing the Services for the purposes of making their information available to prospective employers/clients. In connection with using the Services, you acknowledge and agree you are solely responsible the information you transmit via the Services and your interactions with Employers (defined below). Horizontal Talent is not liable for any use, misuse, or claims relating to the use of your information by Employers. You, not Horizontal Talent, are responsible for engaging in any application or interview process and eventually selecting an Employer to work with.
       
    • Employers: A “Employer” user type means a user who is accessing the Services on behalf of an Organization and are intending to solicit or recruit Candidates for various job opportunities. When you access and use the Services as an Employer user-type, you are agreeing to these Terms on behalf of yourself, individually, and the Organization on whose behalf you are accessing and using the Services.  You represent and warrant that all information you provide via the Services is accurate and authorized by your respective Organization.
       
  5. CREATING AN ACCOUNT.  In order to access the Services, you may be required to create an account with Horizontal Talent that may include choosing an account name and setting a password. When you do so, the information you provide Horizontal Talent must be accurate, complete and up-to-date. When registering with Horizontal Talent, you shall not impersonate anyone else, choose names that are offensive, or violate anyone’s rights. If you do not follow these rules, we may cancel your account. Depending on the level of permissions assigned to your user account, you may not have access to or be able to view or use all of the functions or features of the Services.

  6. ACCOUNT SECURITY. You acknowledge and agree that you are responsible for all the activity on your account, and for keeping your account credentials secure and confidential. If you have reason to believe that someone has accessed or used your account without your permission, you must immediately change your password and report the incident to Horizontal Talent using the “Contact Us” details below. You will be held liable for losses incurred by Horizontal Talent, or any other user of the Services, due to someone else using your Horizontal Talent password or account. You shall not use anyone else’s Horizontal Talent password or account at any time. Horizontal Talent cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

  7. ACCESSING THE SERVICES. From time to time, we may restrict Users’ access to some parts of the Services or the entire Services. Horizontal Talent makes no guarantees regarding uptime, availability, or access to the Services.  You are responsible for: (i) making all arrangements necessary for you to have access to the Services, including your internet connection and internet stability; and (ii) ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them. We may block, limit or terminate your access to the Services if: (i) you violate these Terms; (ii) you violate any applicable law, rule, or regulation relating to your use of the Services; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, defamatory, or otherwise harmful to us or others; or (iv) you breach any other agreement with us or any other person.

  8. HORIZONTAL TALENT INTELLECTUAL PROPERTY. You acknowledge that, as between you and Horizontal Talent, Horizontal Talent owns all right, title, and interest, including all intellectual property rights, in and to the Services, including all software, hardware, firmware, and derivatives of the same, and, with respect to third-party data or information, the applicable third-party owns all right, title, and interest, including all intellectual property rights, in and to the third-party data, name, image, and likeness, and trademarks. Horizontal Talent’s names and logos and all related product and service names, design marks, and slogans, including HORIZONTAL TALENT, are the trademarks or service marks of Horizontal Talent. All rights are reserved. You are not authorized to use any Horizontal Talent name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Horizontal Talent. All other trademarks, trade dress, images, photographs, and other works appearing in connection with the Services are the property of their respective owners. The entire contents and design of the Services are protected by U.S. and international copyright law. All rights regarding the Services and materials contained on or in the Services, including any and all technology, code, or design related to the Services, are either owned by Horizontal Talent, are licensed to it, or are used with permission. Horizontal Talent and its licensors, vendors, or other service providers retain and reserve all intellectual and proprietary rights to the Services.  The Services are only for your personal use. You are expected to obey all copyright restrictions. Copying or storing of any content without the prior written permission from Horizontal Talent or the intellectual property holder is prohibited. Please use the contact information below if you desire such permission or need more information.

  9. PROHIBITED USES AND CONDUCT

    You may use the Services only for lawful purposes and in accordance with these Terms. 

    You agree not to use the Services: (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries); (ii) for the purpose of exploiting, harming, or attempting to exploit or harm any person in any way by exposing them to inappropriate content, facilitating harassment, or otherwise; (iii) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards contained in these Terms or published in connection with the Services; (iv) to impersonate or attempt to impersonate Horizontal Talent, an Horizontal Talent employee, another user, or any other person or entity; or (v) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Horizontal Talent or users of the Services, or expose them to liability.

    You agree not to, and will not permit any third party to: (i) use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring, scraping, or copying any of the material on the Services; (ii) use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent; (iii) introduce to the Services or any Horizontal Talent system any viruses, Trojan horses, worms, malware, ransomware, logic bombs, or other material that is malicious or technologically harmful; or (iv) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, any Horizontal Talent accounts, the servers on which the Services is hosted or stored, or any server, computer, or database connected to the Services.

    In addition to the foregoing, you are prohibited from, and nothing in these Terms shall be construed as granting you, any license to, access, use, scrape, crawl, download, or cache any content made available via the Services for the purposes of developing, training, or writing, or enabling any third party to develop, train, or write, any software application or program (including, but not limited to, any models, algorithms, machine learning technologies/tools, artificial intelligence technologies/tools, or similar). Such activities shall constitute a material breach of the license restrictions hereunder and Horizontal Talent may take any and all measures it deems appropriate to prevent, terminate, and mitigate such use of the Services. 

    You are solely responsible for any liability associated with your use of the Services. You shall not, and are not authorized to, use the Services in any manner that violates any person’s rights or any applicable law. 

  10. USER CONTENT.
     
    The Services allow Users to upload, post, or submit audio files, communications, and other information (“User Content”) in a manner that is available to Horizontal Talent and/or other Users. 

    For the purposes of these Terms, “User Content” does not include: (i) any aggregated or de-identified data derived from your use of the Services (including your User Content) and that does not identify you and is not capable of re-identifying you (“De-Identified Data”); or (ii) statistical technical data related to your access or use of the Services (“Technical Data”). As between you and Horizontal Talent, all De-Identified and Technical Data is solely and exclusively owned by Horizontal Talent. Horizontal Talent may use such data for any lawful purpose, including to manage and improve the performance of its Services, for statistical analysis, and for research, commercial, and development purposes.   

    In submitting the User Content to the Services, you grant Horizontal Talent and our affiliates, licensors, and service providers, and each of their and our respective licensees, successors, and assigns, a non-exclusive, sublicensable, transferable, perpetual, worldwide, royalty-free license to use, display, access, view, store, and/or download User Content, and post or forward User Content to others, for the purpose of providing you the Services, exercising our rights or obligations under these Terms, or any other use described in our Privacy Policy. 

    You also acknowledge and agree that Horizontal Talent does not control any User’s acts or omissions, or User Content submissions. We disclaim all warranties and liabilities for User Content. We are not responsible for any action taken by any third party with respect to your User Content. Any User Content you submit via the Services may be accessible by third parties; it is not confidential information. 

    You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license above and that all of your User Content does and will comply with all applicable laws, rules, and regulations, and these Terms. 

    You also represent and warrant that you have obtained all applicable consents and permissions needed to provide Horizontal Talent with any User Content or other information provided by you, and that you have a lawful basis for providing such information to Horizontal Talent, in connection with your use of the Services, including, without limitation, any personal information as defined under applicable law provided to Horizontal Talent. You agree to cooperate with Horizontal Talent and take such action as reasonably requested by Horizontal Talent with respect to any information provided by you to Horizontal Talent.

    You understand and acknowledge that you have full responsibility for your User Content, including its legality, reliability, accuracy, and appropriateness. Horizontal Talent is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other User of the Services. Horizontal Talent disclaims all representations or warranties regarding the retention or backup of any User Content. You are solely responsible for the backup and any copies of any User Content. 

    User Content must not:   
    • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
    • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
    • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
    • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms. 
    • Be likely to deceive any person.
    • Promote any illegal activity, or advocate, promote, or assist any unlawful act. 
    • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
    • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
    • Give the impression that it emanates from or is endorsed by Horizontal Talent or any other person or entity, if this is not the case.
    • Criticize Horizontal Talent, the Services, or any Horizontal Talent operational partner. 

  11. FEEDBACK. Horizontal Talent may solicit your feedback regarding your experience accessing or using the Services. The comments, information, and details you submit to us through surveys, reviews, or other forums regarding your experience accessing or using the Services, including without limitation any suggestions or recommendations regarding the Services’ features or functionality, including any improvements (“Feedback”) may be used by Horizontal Talent without any obligation, limitation, attribution, or compensation to any party. You hereby assign to Horizontal Talent all right, title, and interest, including intellectual property rights, in and to any ideas, inventions, know-how, concepts, techniques, or other concepts contained in the Feedback. For clarity, Feedback does not include User Content. 

  12. FUNCTIONALITY AND UPDATES. Horizontal Talent reserves the right to change, suspend, or discontinue any aspect of the Services at any time, including availability of a feature, database, or content.  We may from time to time in our sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

  13. THIRD-PARTY SITES AND LINKS. Horizontal Talent makes reasonable efforts to determine that other website owned or operated by third parties accessible via the Services (collectively, “Third-Party Websites”) are active and appropriate at the time the links to such Third-Party Websites are placed in the Services. Horizontal Talent has no control over, and assumes no liability for, the continued existence of, or the material available on, any Third-Party Website. Should you discover that any link in the Services references a Third-Party Website that is no longer active or that contains inappropriate or irrelevant information, please notify us by sending an e-mail message to the address listed below. Links from the Services to Third-Party Websites do not constitute or imply an endorsement, sponsorship, or recommendation by Horizontal Talent or any of its subsidiaries or affiliates of the third party, the Third-Party Website, or the resources, information, or content contained therein. Horizontal Talent does not endorse or warrant, and is not responsible or liable for, any such Third-Party Website or the content thereon. Please review the applicable third party’s terms and conditions and privacy policy when interacting with or using any Third-Party Website. 

  14. USER DISPUTES. You are solely responsible for your interactions with other Users. We have no obligation to mediate or otherwise resolve disputes between Users and/or any third party.

  15. CONSENT TO DOING BUSINESS ELECTRONICALLY. You hereby agree that we may deliver all notices, disclosures, documents, reviews, analyses, or other materials, and any and all other documents, information, and communication concerning you or Horizontal Talent by means of email or by posting in the Services or by other means of electronic communication. Considering Horizontal Talent operates principally on the internet, by accessing the Services, you hereby consent to transact business electronically and to receive electronically all disclosures, documents, communications, notices, contracts, and agreements arising from or relating in any way to your or our rights, obligations, or services under these Terms or any other agreement between you and Horizontal Talent.

  16. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Horizontal Talent and its affiliates, and each of their directors, officers, employees, and agents from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your breach or violation of any representations, warranties, covenants, obligations, or other provisions set forth in these Terms, your breach of applicable laws in connection with your use of the Services, your failure to fulfill any obligations relating to your use of the Services, or your account, incurred by you or any other person using your account, including, but not limited to, any failure on your part to provide or update full and complete information in connection with your registration with the Services. We reserve the right, but not the obligation, to take over the exclusive defense and control of any claim for which we are entitled to indemnification under these Terms. In such event, you hereby agree to cooperate and help us in asserting any defenses to such claims.

  17. WARRANTY DISCLAIMERS. Horizontal Talent disclaims any and all liability for the acts, omission, and conduct of any Users or third parties in connection with or related to your use of the Services. Users are completely responsible for their use of the Services. Users’ sole remedy against Horizontal Talent for dissatisfaction with the Services or any content is to stop using the Services or any such content at once. This limitation of relief is a part of the bargain between the parties. THE SERVICES MAY CONTAIN TECHNICAL ERRORS, TYPOGRAPHICAL MISTAKES, OR OTHER INACCURACIES. UNLESS OTHERWISE EXPRESSED, THE SERVICES ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTY AND HORIZONTAL TALENT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTY THAT THE SERVICES ARE ACCURATE, ADEQUATE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

    THE SERVICES ARE NOT A SUBSTITUTE FOR YOUR BEST JUDGMENT OR THE POLICIES OF YOUR HUMAN RESOURCES TEAM. WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY CLAIMS RELATED TO ANY EMPLOYMENT OF ANY CANDIDATE BY ANY EMPLOYER (OR THE RELATED APPLICATION PROCESS). 

  18. LIMITATION OF LIABILITY. IN NO EVENT WILL HORIZONTAL TALENT OR ITS AFFILIATES BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (v) COST OF REPLACEMENT GOODS OR SERVICES; OR (vi) DAMAGE OR INJURY TO PERSON OR PROPERTY, IN EACH CASE REGARDLESS OF WHETHER HORIZONTAL TALENT WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.  IN NO EVENT WILL HORIZONTAL TALENT’S OR ITS AFFILIATES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE GREATER OF: (i) THE TOTAL FEES PAID BY YOU TO HORIZONTAL TALENT IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE-HUNDRED DOLLARS ($100).

  19. GOVERNING LAW. These Terms shall be construed and governed in accordance with the laws of the State of Minnesota, without giving effect to any choice or any conflicts of law provisions or rules. Any action relating to these Terms shall be brought in the federal or state courts located in the City of Minneapolis, State of Minnesota. You hereby agree to personal jurisdiction and submit to venue by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. 

  20. CLASS ACTION WAIVER; WAIVER OF JURY TRIAL.

    THE PARTIES AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, PAGA, OR OTHER JOINT ACTION WITH RESPECT TO THE CLAIMS.

    EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.

  21. TERMINATION OF USE. You agree that we may, at our sole discretion, limit, suspend, or terminate your access to all or part of the Services without notice or reason, including if we suspect illegal, fraudulent, or abusive activity. Any illegal, fraudulent, or abusive activity (including your personal information) may be referred to appropriate law enforcement authorities. Upon suspension or termination of these Terms, your right to access or use the Services will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information, in accordance with these Terms. 

  22. GEOGRAPHIC LOCATION. Horizontal Talent is based in the United States and our offering of the Services is not intended to subject us to any laws in any jurisdiction outside of the United States. Be aware that access of the Services may result in the transfer of your information to servers located in the United States. If you access the Services from outside of the United States, you consent to all such transfers. You also do so on your own initiative and are responsible for compliance with local laws. We make no claims that the Services or any of its content complies with any laws outside of the United States.

  23. MISCELLANEOUS

    These Terms and the Privacy Policy constitute the sole and entire agreement between you and Horizontal Talent regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Services. 

    It is expressly agreed that Horizontal Talent and all Users shall be independent contractors of each other and that the relationship between the parties shall not constitute a partnership, joint venture or agency. Neither Horizontal Talent nor any User shall have the authority to make any statements, representations or commitments of any kind, or to take any action, which shall be binding on the other party, without the prior consent of such other party.

    In addition to these Terms, you may enter into other agreements with us that will govern your use of the Services. If there is any contradiction or conflict between these Terms and another agreement you enter into with us applicable to the Services, the other agreement shall take precedence in relation to the specific aspects of the Services governed by such agreement.

    If any part, term, or provision of these Terms is held to be illegal, in conflict with any law, or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected, and the rights and obligations of the parties shall be construed and enforced as if these Terms did not contain the particular part, term, or provision held to be illegal or invalid.

    The provisions of these Terms shall survive any expiration or termination of these Terms or completion of any services hereunder to the extent necessary or appropriate to carry out the intent of such provisions. 

    We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent.

    The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

  24. CONTACT US

    If there are any questions regarding these Terms, contact us at:

    horizontaltalent.com
    (Opens in a new tab)

    1660 Hwy 100 South, Suite 200
    St. Louis Park, MN 55416
    United States

    talent@horizontal.com

    (612) 392-7580