Solution Exchange: Privacy Policy

Solution Exchange Website Privacy Statement and Terms of Use

Privacy Statement

This Privacy Statement is effective September 1, 2009 and only applies to data gathered on the solutionexchange.taleo.net web site (the "Solution Exchange"), and does not apply to any other information or web site. Please review this Privacy Statement periodically as we (Taleo Corporation) may update it from time to time and notify you by posting a revised statement on the Solution Exchange or otherwise. Each time you visit the Solution Exchange or provide us with information, you are, by doing so, accepting the terms and practices described in the Privacy Statement and Terms of Use at that time.

The Solution Exchange is a portal for the online exchange of information related to Taleo's partners and the solutions and services that such partners provide. Information you submit to the Solution Exchange will be made available to Taleo employees and employees of Taleo partners that participate in the Solution Exchange in order to fulfill your request for additional information. We do not promise any confidentiality or privacy restrictions and YOU SHOULD HAVE NO EXPECTATION OF PRIVACY WITH RESPECT TO DATA YOU SHARE VIA THE SOLUTION EXCHANGE. Be careful about the information you submit. You should not, in any event, submit the following date to the Solution Exchange:

social security number (or other government issue identification number);
drivers license number;
credit card information;
bank account information;
medical history or medical records; and
credit history or credit information.

TALEO DOES NOT CONDUCT OR REQUIRE CRIMINAL BACKGROUND CHECKS WITH RESPECT TO ANY USERS OF THE SOLUTION EXCHANGE. AS WITH ANY EXCHANGE OF PERSONAL DATA, YOU SHOULD EXERCISE CAUTION AND DUE CARE BEFORE SHARING PERSONAL INFORMATION LIKE YOUR ADDRESS WITH ANOTHER SOLUTION EXCHANGE USER OR SOLUTION EXCHANGE PARNTER.

Taleo has no control over the use of the data you share via the Solution Exchange by other Solution Exchange users or Solution Exchange partners and does not monitor any such use. Taleo disclaims all liability to you for the use, disclosure, or dissemination by Solution Exchange partners of information you have shared via the Solution Exchange.

Taleo may also disclose specific user information to third parties who are not users of the Solution Exchange when we determine that such disclosure is necessary to comply with the law, to cooperate with or seek assistance from law enforcement or to protect the interests or safety of Taleo or other users of the Solution Exchange. In addition, personal information we have collected may be passed on to a third party in the event of a transfer of ownership or assets or a bankruptcy of Taleo.

The data you submit to the Solution Exchange will be processed, stored and accessed in various global jurisdictions, including the United States. Taleo may use third parties, including hosting co-location, hosting managed service providers and application providers, in various locations, including the United States, to operate the Solution Exchange and your personal data may be processed, stored and accessed by such third parties. By accessing the Solution Exchange, you consent to such hosting and processing of your data.

Terms of Use

Note! Read these Terms of Use carefully. These Terms of Use govern your access to and use of the Solution Exchange and by accessing the Solution Exchange you are entering into a legally binding agreement.

Your Right to Use the Solution Exchange. Taleo grants you a limited, terminable, non-exclusive, non-transferable right to access and use the Solution Exchange only to (i) search, view, and download information related to Solution Exchange partners, and (ii) request more information with respect to the content on the Solution Exchange. Taleo reserves the right to suspend or terminate your right to access and use the Solution Exchange or to remove content posted to the Solution Exchange for any reason at any time, in its sole discretion.

Intellectual Property Rights. The Solution Exchange and all right, title and interest in and to the Solution Exchange is the sole property of Taleo or its licensors, and is protected by U.S. copyright law and international treaties. Except for the limited licenses expressly granted to you in these Terms of Use, Taleo reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, or sell the Solution Exchange, or use it in any other way for public or commercial purpose. "Taleo," the "Solution Exchange," the Taleo design logo and certain other names or logos are service marks or trademarks of Taleo, and all related product and service names, design marks and slogans are the service marks or trademarks of Taleo. In addition, the "look" and "feel" and functionality of the Solution Exchange (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Taleo's trademarks, service marks and copyrights and may also constitute trade secrets. All other product and service marks contained on the Solution Exchange are the trademarks of their respective owners.

Allocation of Responsibility. The Solution Exchange is a portal for the online exchange of information related to Taleo's partners and the solutions and services that such partners provide and Taleo reserves the right, but assumes no obligation to screen or monitor communications between users, to screen, monitor, modify or remove any content posted to the Solution Exchange, or to monitor the use, actions taken or activities of users. Taleo shall have no liability or responsibility to users or Employers for performance or nonperformance of such activities and hereby disclaims all such potential liability. Taleo may take any action with respect to user submitted content that it deems necessary or appropriate, in its sole discretion.

WARRANTY DISCLAIMERS. THE SOLUTION EXCHANGE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TALEO, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES? RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. TALEO MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SOLUTION EXCHANGE OR CONTENT POSTED ON THE SOLUTION EXCHANGE.

WITHOUT LIMITATION ON THE FOREGOING: TALEO DOES NOT WARRANT THAT THE SOLUTION EXCHANGE WILL OPERATE ERROR-FREE OR THAT THE SOLUTION EXCHANGE AND ITS SERVERS AND CONTENT POSTED ON THE SOLUTION EXCHANGE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SOLUTION EXCHANGE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TALEO IS NOT RESPONSIBLE FOR THOSE COSTS.

TALEO MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE TRUTHFULNESS, ACCURACY, COMPLETENESS, REGULATORY COMPLIANCE, LEGALITY, TIMELINESS OR RELIABILITY OF ANY CONTENT POSTED ON THE SOLUTION EXCHANGE, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY USERS. SUCH CONTENT MAY CONTAIN INACCURACIES OR OTHER ERRORS. YOU AND YOUR EMPLOYER AGREE THAT ANY RELIANCE ON SUCH CONTENT, OR ON ANY OTHER FORM OF COMMUNICATION WITH USERS, WILL BE AT YOUR OWN RISK. TALEO MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE CONTENT OF THE SOLUTION EXCHANGE.

DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SOLUTION EXCHANGE, THE INTERNET GENERALLY, AND THE CONTENT YOU POST, ACCESS, VIEW, USE OR DOWNLOARD FROM THE SOLUTION EXCHANGE AND FOR YOUR CONDUCT ON AND OFF THE SOLUTION EXCHANGE. IN NO EVENT SHALL TALEO (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SOLUTION EXCHANGE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU OR YOUR EMPLOYER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR CERTAIN CAUSES OF ACTION, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN TALEO'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $1,000.00 IN THE AGGREGATE. IN NO EVENT SHALL TALEO (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE TO YOU FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF U.S. $1,000.00. DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT TALEO WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THIS AGREEMENT BY YOU WITHOUT THE REQUIREMENT TO POST BOND.

California Law and Arbitration.

Choice of Law: These Terms of Use and any disputes arising out of or relating to these Terms of Use or the Privacy Policy ("Disputes") shall be governed by California law, excluding conflicts of law principles.
Agreement to Arbitrate and Pay Attorneys' Fees: Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in San Jose, California, USA in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration fees and reasonable attorneys' fees of both parties to be borne by the party that ultimately loses.
Exception from Arbitration Agreement: Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
Refundable Fee Advances for Consumers: If you are involved in a Dispute as a Candidate without any other interests relating to the Dispute, Taleo will agree to conduct arbitration proceedings in a major city in your state if travel to California would constitute an undue burden for you, and Taleo will advance any arbitration fees that exceed what you would have had to pay for court proceedings provided that you shall refund such amounts if Taleo ultimately prevails in the arbitration.

Security. Users of the Solution Exchange are prohibited from violating or attempting to violate the security or stability of the Solution Exchange or from accessing or attempting to access content not intended for such user.

Use of Robots Prohibited. Users of the Solution Exchange may not use any software tool designed to automatically emulate the actions of a human user (such tools are commonly referred to as "Robots") in conjunction with the Solution Exchange or perform any probe, scan or test on the Solution Exchange. Common Robots include, without limitation, Loadrunner, Winrunner, Silk performer, Rational Robot, QALoad and WebLOAD and such programs are commonly used for the purpose of data entry, data loading, data migration, load testing, performance testing, performance monitoring, performance measuring and stress testing. Use by you or your Employer of a Robot, including those listed above or other similar programs, with the Solution Exchange for the purposes listed above or any other purpose is a material breach of these Terms of Use.

Links to Other Sites. The Solution Exchange contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Taleo of the contents on such third-party web sites. Taleo is not responsible for the content of linked third-party sites and does not make any representations regarding the content of such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

Amendments to the Terms of Use. Taleo may revise the Terms of Use at any time. Changes will be binding on you on the date they are posted on the Solution Exchange (or as otherwise stated in the any notice of such changes). Any use of the Solution Exchange will be considered acceptance by you of the then-current Terms of Use. If at any time you find the Terms of Use unacceptable, you may not use the Solution Exchange any longer. Any new or different terms supplied by you are specifically rejected by Taleo unless Taleo agrees to them in a signed writing specifically including those new or different terms. Taleo may change the Solution Exchange at any time.

Miscellaneous. Use of the Solution Exchange may not be legal in all jurisdictions. In particular, if you access and use the Solution Exchange from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, including applicable data privacy laws. If any provision of the Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of the Terms of Use, which shall remain in full force and effect. You agree that Taleo has a right to use the content you submit to the solution exchange for purposes of the Solution Exchange. In addition, you specifically agree that Taleo has no obligation to archive, backup, or maintain your content. All provisions of the Terms of Use shall survive termination except those granting access or use to the Solution Exchange. Upon termination of this agreement or your right to access the Solution Exchange, and you shall cease all your use of and access to the Solution Exchange immediately. You may not assign or transfer your obligations under the Terms of Use. No waiver of any term of the Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Taleo in a particular "Legal Notice," or software license or material on particular web pages of the Solution Exchange, the Terms of Use and Privacy Policy constitute the entire agreement between you and Taleo with respect to the Solution Exchange.