Beeline Talent Application Terms of Use

Effective date: May 1, 2024

Welcome to the Beeline Talent Application, Beeline’s hosted application. Please read on to learn the rules and restrictions that govern your use of the Beeline Talent Application, our website(s), products and integrated solutions (collectively, the “Talent Offerings”). If you have any questions, comments, or concerns regarding these terms or the Talent Offerings, please contact us at:

Email: TalentOfferings@Beeline.com

Address: 5011 Gate Parkway, Building 100, Suite 250, Jacksonville, FL 32256

These Terms of Use (the “Terms”) are a binding contract between you and BEELINE.COM, LLC (“Beeline,” “we” and “us”). Your use of the Talent Offerings in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Talent Offerings. These Terms include the provisions in this document as well as those in the Beeline Privacy Notice.

Please read these Terms carefully. They cover important information about Talent Offerings provided to you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR TALENT OFFERINGS ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE TALENT OFFERINGS IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

What Talent Offerings does Beeline provide?

Beeline provides extended workforce management software and applications and related Talent Offerings to business entities and their extended workforce. You may have been invited to use Beeline’s Talent Offerings by the firm for which you are providing extended or contingent work or another entity, such as a consulting firm or staffing agency (your “Supplier”), who has engaged you to provide extended or contingent work to one of Beeline’s customers (your “Customer”). Beeline’s Talent Offerings include software, applications and features that assist you in managing your relationship with your Supplier, and/or Customers. By creating a Beeline Talent Account, you will be able to access certain additional Talent Offerings Beeline may make available directly to you, including claiming, updating, and sharing your profile and access to certain third-party services.

Will these Terms ever change?

We are constantly improving our Talent Offerings, so these Terms will change along with our Talent Offerings. We reserve the right to change the Terms at any time, but if we do, we will place a notice on the Talent Application.

If you don’t agree with the new Terms, you are free to reject them by deleting your account; unfortunately, that means you will no longer be able to use the Talent Offerings for new engagements. For any pending customer engagements you will not be able to delete your account until such engagement is completed.

What about my privacy?

Beeline takes the privacy of its users very seriously. For the current Beeline Privacy Notice for the Talent Offerings, please click here.

What are the basics of using the Beeline Talent Application?

To claim a new profile, you may be required to sign up for an account and select a password (“Beeline User ID”), and provide us with certain information or data, such as your contact information. To you claim an existing profile, your profile may include certain information your Supplier or Customer previously provided to Beeline, but you will have the opportunity to review and update such information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Beeline User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You have the ability to make portions of your profile visible to your Suppliers and Customers.

You have the option to voluntarily provide demographic information such as gender, nationality, ethnicity, and disability. Your answers to these personal demographic questions are never directly shared with suppliers or Customers. The Talent Application does not have filters that enable Suppliers or Customers to filter out candidates on the basis of sensitive or protected categories of personal demographic data (including race/ethnicity, gender, having a disability, sexual orientation or transgender status). Beeline may use your personal demographic information to provide anonymized statistical data to Customers and Suppliers about the demographics of their workforces.

You represent and warrant that you are an individual of legal age to form a binding contract or if not, you’ve received your parent’s or guardian’s permission to use the Talent Offerings and have gotten your parent or guardian to agree to these Terms on your behalf.

You will only use the Talent Offerings for your own internal, personal use, and not on behalf of or for the benefit of any third party other than your Supplier and/or Customer. You will comply with all laws that apply to you, your use of the Talent Offerings, and your actions and omissions that relate to the Talent Offerings. If your use of the Talent Offerings is prohibited by applicable laws, then you aren’t authorized to use the Talent Offerings. We can’t and won’t be responsible for your using the Talent Offerings in a way that breaks the law.

You will not share your Beeline User ID, account or password with anyone, and you must protect the security of your Beeline User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Beeline User ID and account.

Third Party Talent Offerings

As part of the Talent Offerings, Beeline may make available to you, certain services provided by third parties (“Third Party Services”). Your use of the Third Party Services may be subject to additional terms. The Talent Offerings may contain links or connections to third-party websites or applications providing the Third Party Services that are not owned or controlled by Beeline. When you access third-party websites or use Third Party Services, you accept that there are risks in doing so, and that Beeline is not responsible for such risks.

Beeline has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or applications or by any third party that you interact with through the Third Party Services. In addition, Beeline will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Talent Application and to read the terms and conditions and privacy policy or notice of each third-party website or service that you visit or utilize. By using the Third Party Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

What about messaging?

As part of the Talent Offerings, you may receive communications through the Talent Application, including messages that Beeline sends you (for example, via email or text messaging). By signing up for the Talent Offerings and providing us with your wireless number, you confirm that you want to receive messages from Beeline.

Are there restrictions in how I can use the Talent Offerings?

You represent, warrant, and agree that you will not provide or contribute anything to the Talent Offerings, or otherwise use or interact with the Talent Offerings, in a manner that:

1. infringes or violates the intellectual property rights or any other rights of anyone else (including Beeline);
2. violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Beeline
3. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
4. jeopardizes the security of your Beeline User ID, account or anyone else’s (such as allowing someone else to log in to the Talent Offerings as you)
5. attempts, in any manner, to obtain the password, account, or other security information from any other user;
6. violates the security of any computer network, or cracks any passwords or security encryption codes;
7. runs Maillist, Listserv, any form of auto-responder or “spam” on the Talent Offerings, or any processes that run or are activated while you are not logged into the Talent Offerings, or that otherwise interfere with the proper working of the Talent Offerings (including by placing an unreasonable load on the Talent Offerings’ infrastructure);
8. “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Talent Offerings or Content (as defined below) (through use of manual or automated means); or
9. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Talent Offerings.

A violation of any of the foregoing is grounds for termination of your right to use or access the Talent Offerings.

What are my rights in the Talent Offerings?

The materials displayed or performed or available on or through the Talent Offerings, including, but not limited to, documents, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Talent Offerings, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Beeline’s) rights.

Subject to these Terms, we grant each user of the Talent Offerings a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Talent Offerings. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Talent Offerings is expressly prohibited without prior written permission from us. You understand that Beeline owns the Talent Offerings. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Talent Offerings. The Talent Offerings may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

Who is responsible for what I see and do on the Talent Offerings?

Any information publicly posted or privately transmitted through the Talent Offerings is the sole responsibility of the person from whom such information originated, and you access all such information at your own risk, and we aren’t liable for any errors or omissions in such information or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use such information or what actions you may take as a result of having been exposed to such information, and you hereby release us from all liability for you having acquired or not acquired information through the Talent Offerings. We can’t guarantee the identity of any users with whom you interact in using the Talent Offerings and are not responsible for which users gain access to the Talent Offerings.

You are responsible for all information and data you submit, in any manner, to the Talent Offerings, and you represent and warrant you have all rights necessary to do so, in the manner in which you submit it.

If there is a dispute between participants on the Talent Application, and any third party (including any provider of a Third Party Service), you agree that Beeline is under no obligation to become involved. In the event that you have a dispute with one or more other users or providers of Third Party Talent Offerings, you release Beeline, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Talent Offerings.

Will Beeline ever change the Talent Offerings?

We’re always trying to improve our Talent Offerings, so they may change over time. We may suspend or discontinue any part of the Talent Offerings, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Talent Offerings. We’ll try to give you notice when we make a material change to the Talent Offerings that would adversely affect you, but this isn’t always practical.

What if I want to stop using the Talent Offerings?

You’re free to do that at any time by contacting us at TalentOfferings@Beeline.com and your data will be processed until you are no longer on an active engagement with a Customer. Please refer to our Beeline Privacy Notice for the Talent Offerings, to understand how we treat information you provide to us after you have stopped using our Talent Offerings.

Beeline is also free to terminate (or suspend access to) your use of the Talent Offerings or your account for any reason in our discretion, including your breach of these Terms. Beeline has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Please note that your Supplier, and/or Customer may retain information collected from you or otherwise created in connection with the Talent Offerings and we are not responsible for any such party’s data retention policies or use of your data after you terminate your account with Beeline.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

What about Mobile Applications?

Currently, our Talent Application is accessed through the browser of the mobile device and does not require installation of a mobile application.

In the future, when you acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

What else do I need to know?

Warranty Disclaimer. Beeline and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Beeline and all such parties together, the “Beeline Parties”) make no representations or warranties concerning the Talent Offerings, including without limitation regarding any Content contained in or accessed through the Talent Offerings, and the Beeline Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Talent Offerings or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Talent Offerings. The Beeline Parties make no representations or warranties regarding suggestions or recommendations of Talent Offerings offered or purchased through or in connection with the Talent Offerings, including any Third Party Services. THE TALENT OFFERINGS AND CONTENT ARE PROVIDED BY BEELINE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE TALENT OFFERINGS WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE BEELINE PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, TALENT OFFERINGS OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) US DOLLARS (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold the Beeline Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Talent Offerings (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Talent Offerings account, in any way (by operation of law or otherwise) without Beeline’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Beeline and limits the manner in which you can seek relief from Beeline. Both you and Beeline acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Beeline’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Duval County, Florida. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Beeline will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Beeline will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court; Infringement. Either you or Beeline may assert claims, if they qualify, in small claims court in Duval County, Florida or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

(d) Waiver of Jury Trial. YOU AND BEELINE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Beeline are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Beeline over whether to vacate or enforce an arbitration award, YOU AND BEELINE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Beeline is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: Attn: Beeline, 5011 Gate Parkway, Building 100, Suite 250, Jacksonville, FL 32256 U.S.A, postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Beeline to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Beeline agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Duval County, Florida, or the federal district in which that county falls.

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Beeline.

Children’s Data

To use the Talent Application, you agree that: (1) you must be the Minimum Age or older. “Minimum Age” means 16 years old. However, if law requires that you must be older in order for Beeline to lawfully provide the Talent Offerings to you without parental consent (including using of your personal data) then the Minimum Age is such older age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Talent Offerings or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at TalentOfferings@Beeline.com

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Talent Offerings, provided that Beeline may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Beeline agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Beeline, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Beeline, and you do not have any authority of any kind to bind Beeline in any respect whatsoever.

Except as expressly set forth in the sections above regarding the Beeline Talent Offerings and the arbitration agreement, you and Beeline agree there are no third-party beneficiaries intended under these Terms.