TALENT DATA EXCHANGE END USER LICENSE AGREEMENT
You are about to enter the Brightfield Strategies Talent Data Exchange web site or a related web site (the "Site") belonging to Brightfield Strategies, LLC ("Brightfield"). This Site and any of the services provided by Brightfield in connection with this Site (the "Services") are provided for your use expressly subject to the provisions of this End User License Agreement ("Agreement"), which governs your use of the site. By clicking the "Accept and Continue" button below or by entering the Site, you acknowledge and agree to these terms and conditions. If you do not accept these terms, you are not authorized to use the Site.
LICENSE TO ACCESS THE SITE
Your use of the Site is pursuant to
Brightfield's grant to you of a non-exclusive, nontransferable,
non-assignable license to use the Site solely to access analytical
tools on workforce usage for a Brightfield client's ("Member's")
internal use, and not for distribution, transfer, sale or use for the
benefit of any other person or entity.
This license is limited to you (the "User") and your personal use of the Talent Data Exchange pursuant to the terms of an agreement between Brightfield and the Talent Data Exchange Member under whose authority you are granted this license. You will not permit any third party to use your credentials to access or use the Site without Brightfield's prior written consent. If you allow a third party to access the Site, you will be liable for and will indemnify Brightfield for all losses and liabilities of any kind suffered or incurred by any party arising from any breach of the terms and conditions of this Agreement. You acknowledge and agree that Brightfield is not responsible for providing a communications line or other equipment necessary to access and use the Site via the public Internet, or for the charges associated with such access or use.
COPYRIGHTS/TRADEMARKS/RESTRICTIONS ON USE
All of the pages and screens on the Site contain proprietary content, information and material owned and controlled by Brightfield, except as otherwise expressly stated, and protected by U.S. copyright laws and international treaties. The copyrighted materials include, but are not limited to, the text, design, software, images, graphics, source code, and content on the Site. You are authorized to view the information available on the Site for your informational purposes only. You may not copy, decompile, reverse engineer, disassemble, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works, or republish any portion of the Site for any commercial or public purpose without Brightfield's prior written consent.
THE SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," AND BRIGHTFIELD EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
YOU ACKNOWLEDGE AND AGREE THAT NEITHER BRIGHTFIELD, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, OR SERVICE PROVIDED THROUGH THE SERVICES AND THE SITE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BRIGHTFIELD OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
LIMITATION OF LIABILITY
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT BRIGHTFIELD IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BRIGHTFIELD WILL NOT BE LIABLE OR RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTIONS OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR INABILITY TO USE THE SERVICES, THE SITE, ANY ON-LINE SERVICES OR INTERNET BROWSER SOFTWARE, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE).
You agree to defend, indemnify and hold harmless Brightfield, its affiliates and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your violation of this End User License Agreement or misuse of the Service or this Site, including any violation or misuse by your employees or agents, if applicable.
Brightfield reserves the right to modify this End User License Agreement at any time without notice, but the most current version of the Agreement will always be available to you by clicking on the link at the bottom of the Site. If you find the End User License Agreement unacceptable at any time, you must discontinue your use of the Services. By continuing to use the Services after the date of any change to the Agreement, including accessing the Site, you agree to be bound by the rules contained in the most recent version of this Agreement. Brightfield reserves the right to modify or terminate the Services and the Site or to terminate your access to the Services and Site, in whole or in part, at any time. This End User License Agreement constitute a contract between you and Brightfield governed by the laws of the State of Delaware, with the exception of its conflict of laws provisions.