- Eligibility for Use of Treeline Services. Treeline Services is not a generalized employment search service. Treeline Services is an employment recruiting service dedicated exclusively to placing sales professionals. Treeline offers Hiring Managers both retained search services and direct-hire contingency-based employment placement services. Treeline will only accept Profiles created by Job Seekers and Hiring Managers in the areas of sales. Profiles of non-sales professionals or profiles that otherwise fail to meet the above criteria or fail to conform to the provisions of this TOU will not be accepted and will not be posted on a Treeline website and/or may be removed. Treeline reserves the right in its sole discretion to prohibit nonconforming profiles.
- Creation of Member Accounts; Confidentiality of Password.
When you accept this TOU and contract with Treeline for employment placement services, you will be allowed to use Treeline Services for professional recruitment and placement services. The contents of the Treeline Services, such as text, graphics, images, logos, button icons, software and other content are protected under both United States and foreign copyright, trademark and other laws. All such content is the property of Treeline or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all such content on the Treeline websites is the exclusive property of Treeline and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the content may violate these laws, and is strictly prohibited.
Treeline will create an on-line account for you through which you can review Job Seeker or Hiring Manager Profiles as appropriate. You will be responsible for creating your own confidential password and you are responsible for maintaining the confidentiality of your password. This means that you will not disclose your password to anyone else and you will not let anyone access your account using your password. You, and not Treeline, are responsible for any and all conduct that occurs on Treeline’s websites under your password and you agree that Treeline is not liable for any damage or injury of any nature, including attorney fees, that results from your use of Treeline Services, your failure to maintain the confidentiality of your password or your failure to otherwise comply with this TOU. You agree to notify Treeline immediately when you become aware of any unauthorized use of your password. You agree to change your password if you become aware that a third party has discovered it. Treeline considers this confidentiality provision to be a material term of using Treeline Services and your failure to comply with this paragraph will constitute a material breach of this TOU. Treeline reserves the right, in its sole discretion, to cancel and delete the account of any user who violates this provision.
- Profile Creation and Content.
- Profile Content.
- User-Provided Content.
You, and not Treeline, are the author of all content that you submit for your Profile. You, and only you, have the ability to create or make substantive changes to your Profile content, except as set forth herein. For example, Treeline retains the right and may review and modify Profile content only for the limited purpose of making clerical modifications, such as formatting for use on our system or correcting typographical errors. In addition, as set forth in Paragraph b.2 below, Treeline may include in your Profile the photograph that you have included in your LinkedIn account and may also link your LinkedIn account to your Profile. Treeline may review and remove content that it determines, in its sole discretion, violates this TOU or applicable laws, rules or regulations, and/or is abusive, disruptive or offensive. Treeline expressly reserves the right to delete any user account as a result of a violation of this TOU or any applicable law or regulation, and further reserves the right to prohibit subsequent use of the Treeline Services. Otherwise, Treeline will only modify your Profile in accordance with your written consent. Other than the initial eligibility review described below, Treeline will not, and has no obligation to, screen Profile content, communications or information after it has been posted. Treeline Services allow you to post photographs and video as part of your Profile content. You are solely responsible for any and all content that you provide as part of your Profile content, including but not limited to writings, photographs, sound recordings and video recordings. You represent and warrant to Treeline that you are the lawful owner of such content, and/or that you are authorized to use, transmit, copy, upload and include all content in your Profile. You further agree to defend, indemnify and hold Treeline harmless from any and all claims, demands, injuries and or damages and/or attorneys fees that relate to or arise from your use of Profile content, whether textual, audio, visual or other.
- Use of LinkedIn Photographs and LinkedIn Account Information
Certain Job Seekers have LinkedIn accounts and profiles, which may or may not include a photograph of the Job Seeker. By creating a Profile and using Treeline Services, you hereby authorize Treeline to copy, display, include, transmit, upload and/or use your LinkedIn photograph as part of your Treeline Profile. You also authorize Treeline to link your LinkedIn account (via hyperlink or otherwise) to your Treeline Profile. With respect to your LinkedIn photograph, you represent and warrant to Treeline that your are the lawful owner of such photograph and/or that you have the express and full authority to copy, display, include, transmit, upload and/or use such photograph, and/or that you have the express and full authority to allow others, such as LinkedIn (and other professional services such as Treeline Services) to copy, display, include, transmit, upload and/or use such photograph. You further agree to defend, indemnify and hold Treeline harmless from any and all claims, demands, injuries and or damages and/or attorneys fees that relate to or arise from including your LinkedIn photograph as part of your Treeline Profile.
- User-Provided Content.
- Profile Eligibility Criteria; Review Process; Deletion of Nonconforming Profiles. Treeline Services are dedicated solely to sales professionals and exist for the sole purpose of providing a direct hire, contingency-based and retained placement service for sales professionals. Accordingly, Treeline may review each and every Profile submitted to it prior to posting it on any Treeline website solely for the purpose of ensuring that the Profile content satisfies Treeline Services’ criteria, as described above, and for no other purposes. Treeline will post appropriate Profile content as Treeline receives it. Treeline may modify the formatting of Profiles so that they will upload accurately into a Treeline website. Treeline may review and remove any user content, including Profile content, that it determines, in its sole discretion, violates this TOU or applicable laws, rules or regulation, including Profile content that it determines, in its sole discretion, is abusive, disruptive or offensive. Treeline expressly reserves the right to delete any user account as a result of a violation of this TOU or any applicable law or regulation, and further reserves the right to prohibit subsequent use of the Treeline Services. Treeline also expressly reserves the right to take any action with respect to user content, including Profiles that it deems necessary or appropriate in its sole discretion if it believes that the Profile content could create liability for Treeline, or damage Treeline’s goodwill, brand, public image or business
- Prohibited Profile Content. The sole purpose of your Profile is to set forth your employment qualifications or company profile in a convenient, electronically searchable format. All Profile content, including photographs and video, must describe/depict you. Any photographs or video that feature, describe or otherwise portray anyone or anything other than you is prohibited and Treeline will not allow them to be posted on any Treeline website. If your Profile contains prohibited matter, Treeline will not post your profile and will notify you that the Profile fails to satisfy Treeline’s Profile criteria. If Treeline initially publishes a profile that is not you and later discovers this fact, Treeline will remove your Profile from the Treeline Service and will delete your account. Treeline may do so with or without notice to you and without a refund of any monies that you have paid to Treeline. Treeline may also, in its sole discretion, prohibit you from obtaining future access to Treeline Services and any and all Treeline websites. All decisions of Treeline in this regard are made in Treeline’s sole discretion and are final.Additional prohibited Profile content is listed below. This list is not intended to be exhaustive, and Treeline reserves the right, in its sole discretion, to refuse to publish or to remove content that it believes is in any way inappropriate:
- content that is submitted for a purpose other than for facilitating direct hire, contingency-based and retained employment placement of sales professionals;
- content that is implicitly or explicitly offensive, such as user content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
- content that is unlawful, threatening, harassing, tortuous, vulgar, obscene, libelous or invasive of another’s privacy or content that contains links, including hidden or embedded links, to content that is unlawful, threatening, harassing, tortuous, vulgar, obscene, libelous or invasive of another’s privacy;
- content that is inaccurate, unreliable, false or misleading, or content that while technically correct creates a false or misleading impression;
- content that violates trademark and/or copyright laws, whether statutory or common law, of the United States or any of the several states;
- content that may be interpreted as advertising for a product or service.
If Treeline becomes aware of content that may violate the above list or any provision of this TOU, Treeline may, in its sole discretion, investigate the allegation and remove the content if appropriate. Treeline has no obligation to undertake such investigation and has no liability to any users arising out of its performance or nonperformance of such investigation.
- Forwarding Profiles. Job Seekers can forward their own Profiles to third parties through the DADOMATCH platform.
- Responsibility for Profile Content. You understand that all information and materials submitted, including but not limited to data, text, software, music, sound, photographs, graphics, video, or other materials submitted, posted or displayed about you on or through Treeline Services is the sole responsibility of the person about whom such content pertains. This means that you are solely responsible for all content that you submit and/or upload to Treeline Services and Treeline is not responsible in any way for any content included in a Profile. This means, for example, that if you upload or otherwise include material that infringes upon a copyright or trademark or that constitutes defamation or libel, you, and not Treeline, will be solely responsible for any liability, injury, damages and/or attorneys fees resulting therefrom. Furthermore, you expressly agree to defend and indemnify Treeline against any and all such claims.
- License for Profile Content. Treeline is not the owner of Profile content that you submit to it. Treeline does not own or have control over any Profile content. However, for all content that you include in a Profile, you grant to Treeline a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, publish, adapt, use, translate, publicly perform and/or display, including but not limited to photographs, videos, audio recordings, graphics and text.
This license continues for the time that you maintain your account and this license will terminate upon the termination, cancelation, deletion or expiration of your account. Treeline expressly reserves the right to refuse to accept, post, display or transmit any user content in its sole discretion.
- User Representations and Warranties. You represent and warrant that you have the right to grant the license stated in paragraph 9, above. You further agree to allow any Treeline user to access, display, view, store and reproduce the content that you submit to Treeline for public viewing, including but not limited to your Profile, solely for the purpose of Job Seeker recruitment through Treeline Services.
- Notices. All notices required pursuant to the provisions of this TOU and any notices of alleged trademark and/or copyright infringement shall be addressed as follows:
591 North Ave., Suite 1
Wakefield, MA 01880
- Exclusion of Liability Arising from Use of Treeline Services. Treeline Services facilitate professional sales recruitment by providing a venue for Job Seekers to post resumes, statistics and other information relevant to obtaining a sales position, and a venue for Hiring Managers to review the information provided by potential candidates. Treeline is not involved in any actual transaction between Job Seekers and Hiring Managers and therefore does not warrant, and is not responsible for, the truth or accuracy of any job description provided by a potential Hiring Manager or the truth or accuracy of any information provided by a potential Job Seeker. You agree that Treeline is not responsible for any injury or damage that results from or arises out of Profile content. Note that there are risks inherent in dealing with individuals whom you do not know and that the internet makes authentication of individuals difficult. Treeline will not undertake to authenticate any user or otherwise confirm that a user is who he or she represents himself to be. You agree to assume all risks associated with interactions with other users that are facilitated through Treeline Services. Treeline Services are intended to be limited to sales professionals, and Treeline expects all of its users to conduct themselves prudently and appropriately. Treeline is not responsible for any employment decisions made by any entity or individual using the Treeline Site. The user, and not Treeline, is responsible for the accuracy of all content posted to the Treeline Site.
- Confidentiality and Prohibition Against Unauthorized Use of Treeline Site. All content submitted to Treeline for inclusion in a Profile will be made available only to registered Treeline users. You agree not to use, copy, forward, maintain, sell, trade, reproduce or transmit, electronically or otherwise, any Profile content to which you have access through Treeline Services to any person or entity for any purpose whatsoever, commercial or otherwise, who is not a registered Treeline user.
You are also prohibited from violating or attempting to violate the security of the Treeline Services, including without limitation, the following activities: (i) accessing data not intended for you or logging into a server or account which you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iii) attempting to interfere with service to any other subscriber, host or network, including, without limitation, via means of submitting a virus to the site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing.” Violations of system or network security may result in civil and/or criminal liability. Treeline will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Violation of this provision will result in the immediate termination of your Treeline account and, in the sole discretion of Treeline, Treeline may prohibit you from creating an account in the future. You further agree that you are solely liable for any injury or damage of any type whatsoever, whether sounding in contract, tort or other, to any person that arises out of or relates to any unauthorized or prohibited use (as defined herein) of Profile content.
- Account Termination. You may terminate your account at any time by notifying Treeline in writing. Treeline may terminate your account at any time for any reason with or without notice to you. Upon termination, you may be entitled to a refund of any fees paid to Treeline in Treeline’s sole discretion. You agree that all account terminations are made in Treeline’s sole discretion and that Treeline will not be liable to you for any loss or damage that you sustain as a result of your account being terminated. For purposes of this provision, “termination” includes all means of account termination, including but not limited to your cancellation of your account, the expiration of your account, Treeline’s deletion of your account and/or blocking of your account as a result of TOU violations.
- Indemnity. You agree to indemnify and hold Treeline and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any party that relates to or arises out of this TOU including the violation of any of its provisions, or your use of Treeline Services, including but not limited to Profile content that you submit, post, transmit, modify or otherwise make available through Treeline Services.
- Treeline Disclaimer of Warranties.
- Warranty of Title, Fitness and Merchantability of Profile Content.
Treeline provides Treeline Services on an “as submitted” basis meaning that Treeline does not provide Profile content and does not check Profile content for truthfulness or accuracy. You agree to use Treeline Services and Profile content on an “as submitted” basis and at your sole risk. Treeline does not warrant the qualifications of any particular Job Seeker nor does Treeline warrant that any particular Job Seeker will be able to perform any particular job functions. All employment decisions are in the sole discretion of the Job Seeker and Hiring Manager. Treeline hereby expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranty of title, merchantability, fitness for a particular purpose and non-infringement.
- Warranty of Title, Fitness and Merchantability of Treeline Service.
Treeline makes no warranty that Treeline Services will meet your particular requirements or expectations, will be uninterrupted, secure or error-free. Unless otherwise provided in your terms of engagement, Treeline expressly does not guarantee results and expressly does not guarantee that any particular Job Seeker will find any particular position or that any particular Hiring Manager will find any particular Job Seeker or that any particular Job Seeker is qualified and/or will perform competently any job functions or duties.
- Warranty of Title, Fitness and Merchantability of Profile Content.
- Integrated Agreement. This TOU is a fully integrated agreement and governs every aspect of your use of Treeline Services. No prior or subsequent information, promises or representations of any kind will serve to modify the terms of this TOU unless consented to by you by continuing to use Treeline Services.
- Limitation of Liability. Treeline will not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other tangible or intangible losses, resulting from: (a) the use or the inability to use Treeline Services; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your Profile content; (d) anything else that relates to or arises out of your use of Treeline Services. TREELINE’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE TREELINE SERVICES OR YOUR USE OF THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $1.
- Choice of Law and Mandatory Arbitration. This TOU, and any dispute arising out of or relating to this TOU and/or Treeline Services, is governed by the law of the Commonwealth of Massachusetts without reference to its choice of law provisions. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute that arises out of or relates to the terms of this TOU or the Treeline Service shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”). The arbitration shall take place in Boston, Massachusetts and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this paragraph 19 is held invalid or unenforceable, that part will be severed and the remaining portions will remain in full force and effect.
- Severability of Terms. If any provision of this TOU is deemed unenforceable by any court of competent jurisdiction or by any arbitrator, as applicable, then the invalid provision shall be severed and the remaining provisions shall remain in full force and effect.
- Transferability. Treeline considers the services provided through Treeline Service and this TOU to be personal in nature and not transferable. You agree not to transfer your account, including your password and other account access information, to any third party. Violation of this provision will result in the immediate termination of your account, in Treeline’s sole discretion.
TREELINE INCORPORATED, 591 NORTH AVENUE, SUITE 1, WAKEFIELD, MA 01880
781-876-8100 PHONE / 781-224-9797 FAX / WWW.TREELINE-INC.COM