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Various agencies of the United States Government require employers to maintain information on applicants pertaining to factors such as race, gender, and type of position for which an individual applies. The information requested on this form is for compliance with certain record keeping requirements. Amsource believes all persons are entitled to equal employment opportunities and does not discriminate against applicants because of race, color, sex, religion, national origin, disability, veteran status, age, marital status or any other protected group status.
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Terms and Conditions:
 
Terms of Usage

This page states the Terms of Use ("Terms") under which You (as defined below) may use www.talenttrain.net ("talenttrain.net"), an on-line service to post and search employment opportunities and job-seekers’ resumes. Talenttrain.net allows Users (as defined below) within Candidate Accounts (Candidates) to create individual profiles, which may include personal information (”Profiles”), and to allow these profiles, or aspects thereof, to remain confidential as defined below.  Talenttrain.net allows Users with Employer Accounts (Employers) to advertise and post job openings (Job Postings) for the individual company at which they are employed as defined below.  
By using Talenttrain.net, You agree to be bound by these Terms and You represent and warrant to Talent Train that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms.  By visiting talenttrain.net or accepting these Terms, You also represent and warrant to Talent Train that You will use Talenttrain.net in a manner consistent with any and all applicable laws and regulations.  If You do not accept the Terms stated here, do not use Talenttrain.net and its services.
Hiringsource dba Talent Train ("Talent Train") may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing Talenttrain.net for any reason including Employers and Candidates. The term “Employer” refers to individuals and/or entities with an Employer Account.  The term “Candidate” refers to individuals and/or entities with a Candidate Account.  The term “post” as used herein shall mean information that You submit, publish or display on any Talent Train Site.
2.  Employer Contingency Terms

Employers who are Current Amsource Pay or PEO Clients
Talent Train offers two options for Employers wishing to hire a Candidate from the Talent Train Site as outlined below:

1)	Self-Service Option:  Employers may search the confidential Talent Train online database for free, but do not have access to view Candidate contact information.  If an Employer finds a Candidate they are interested in interviewing, the Employer must notify a Talent Train Agent to facilitate contact with the Candidate and confirm interest in the specific position.  Employer understands and agrees to our Service Fee of $989 for a Self-Service placement where a candidate accepts employment as an employee, consultant, independent contractor or in any other capacity, directly or indirectly by the Employer or any of its affiliates.  

Employer understands with this Self Service Option, that candidates have not been interviewed or pre-screened (reference checks, drug testing, background checks) by Talent Train on behalf of the Employer and therefore cannot make any guarantees regarding the candidate(s) within the Talent Train system.  Talent Train accepts no responsibility for the accuracy or completeness of the content of any resume forwarded to the Employer or of any statements made by the Candidate.  It is the Employer’s responsibility to qualify Candidates and verify the accurateness of their statements.  Talent Train does not provide a refund or replacement for the Self-Service option in the event that employment terminates for any reason.    

We will invoice you for our services when the candidate accepts employment.  Our fees are due in full upon commencement of employment of the candidate.  

Employers must have three current job openings posted on the Talent Train Site at all times.  Job Postings expire every 30 days.  Employer’s name must be disclosed in their Job Posting.  An Employer may only post job openings within their company and may not post job openings on another company or individual’s behalf.  There is no Service Fee when a candidate applies directly to Employer’s Job Posting on the Talent Train Site.  

The Self-Service Option is only available to Employers who are current Amsource Pay or PEO clients.  

2)	Full-Service Option:  Employer engages the assistance of a Career Talent Agent to search and screen candidates on their behalf and refer the most qualified Candidates.  Employer understands and agrees to a Service Fee of 13.5% of the of total annualized compensation for a successful placement where a candidate accepts employment as an employee, consultant, independent contractor or in any other capacity, directly or indirectly by the Employer or any of its affiliates.  Total annualized compensation will also include a reasonable estimate of bonuses, commissions, and/or other earning incentives.  There will be a minimum fee of $2500 per placement.  

We will invoice you for our services when the candidate accepts employment.  Our fees are due upon commencement of employment of the candidate and will be billed over a 90-day period.  In the event the employee terminates within the first 90 days, billing will stop on the last payroll in which the employee is paid.   

Employers Who are not Amsource Pay or PEO Clients
1)	Self-Service Option:  Not currently being offered to Employers who are not Amsource Pay or PEO Clients 

2)	Full-Service Option:  Employer engages the assistance of a Career Talent Agent to search and screen candidates on their behalf and refer the most qualified Candidates.  Employer understands and agrees to a Service Fee of 15% of the of total annualized compensation for a successful placement where a candidate accepts employment as an employee, consultant, independent contractor or in any other capacity, directly or indirectly by the Employer or any of its affiliates.  Total annualized compensation will also include a reasonable estimate of bonuses, commissions, and/or other earning incentives.  There will be a minimum fee of $2500 per placement.  

We will invoice you for our services when the candidate accepts employment.  Our fees are due in full upon commencement of employment of the candidate.  In the event the employee hired through Talent Train terminates or is terminated from his or her position of employment within (90) days from the date the employee begins employment, Talent Train will replace the employee.  However, this is a one-time replacement guarantee and does not apply in the event that the employment is terminated because of a lay-off, insufficient work or if termination is a result of new management.  Employer and Talent Train agree that this is Talent Train’s sole obligation under this guarantee.

The term “accepts”, as used in this agreement, means an agreement between an Employer and the candidate as to the start date of employment and as to the terms and conditions, job description and compensation pertaining to the candidate’s position of employment.  Employer shall be solely responsible for determining qualifications, pre-employment screening and the hiring decision of any candidates referred by Talent Train, including compliance with all applicable laws.

Talent Train does not automatically conduct background and reference checks unless specifically requested.  However, we strongly recommend the following screenings:

1)	Previous Employer Reference Checks:  These should be conducted on all Candidates prior to making an employment offer.   At your request, Talent Train will check up to three references per Candidate before an offer is made.  By default, the last 3 employers will be contacted unless otherwise specified by Employer.  

2)	Criminal Background Check: These should be conducted on all Candidates once the offer has been made and accepted.  All Candidates must be informed upon acceptance of the offer that the offer is contingent on the results of this screening.  

3)	Drug Screen:  These should be conducted on all Candidates once the offer has been made and accepted.  All Candidates must be informed upon acceptance of the offer that the offer is contingent on the results of this screening.  

4)	Additional Screenings, including but not limited to Credit Checks and Motor Vehicle Reports, depending on requirements of the specific employment opening.  

If these screenings are not currently a part of your company policy, we strongly recommend that you add them to your company procedures for all new hires.  The offer should not be finalized and the Candidate should not begin work until the results of the above screenings are reviewed.  

Talent train reserves the right to require specific pre-employment screenings for any Full-Service placement and reserves the right to refuse a placement for your company should you fail to consent.   By agreeing to these terms of usage You agree to indemnify and hold harmless Amsource, Hiring Source, Talent Train and all agents and affiliates from any and all liability arising from any malfeasance that may be committed by a Candidate after the date of hiring.
 
Nothing in this agreement is intended to, or shall be construed to create any rights in third parties. 
In no event shall Talent Train or its affiliates and employees be responsible for direct, indirect, special damages or lost profits, even if Talent Train has been advised of the possibility of such damages. Any damages shall be limited to a refund of the Service Fee.  
The agreement to interview a referred candidate constitutes acceptance of these terms.
3. Use of Talent Train Content.
The collection, arrangement and assembly of all content of Talenttrain.net, such as text, graphics, images, logos, button icons, software and other Talent Train content (collectively, "Talent Train Content"), are protected under both United States and foreign copyright, trademark and other laws and is the property of Talent Train or its content suppliers or clients.  You agree not to sell or modify the Talent Train Content or post, reproduce, copy, distribute, modify, publicly display, publicly perform, or otherwise use the Talent Train Content in any way for any public or commercial purpose, in connection with products or services that are not those of Talenttrain.net, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Talent Train or its licensors, that dilutes the strength of Talent Train's or its licensor’s property, or that otherwise infringes Talent Train's or its licensor’s intellectual property rights.  You further agree to in no other way misuse Talent Train Content that appears on this Site. Unauthorized use of the Talent Train Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Talent Train Content on any authorized copy You make of the Talent Train Content.

4. Talent Train Site Restrictions. 
The Job Posting and Talent Train Resume Database and other features of Talenttrain.net may be used only for lawful purposes by Candidates seeking employment and career information and Employers seeking employees. Talent Train specifically prohibits any other use of Talenttrain.net.  
 
Users may not use any Talent Train Site in order to transmit, post, distribute, store or destroy material, including without limitation, Talent Train Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.  Users are also prohibited from violating or attempting to violate the security of any Talent Train Site.  Violations of system or network security may result in civil and/or criminal liability. Talent Train 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. 
5. User Content and Submissions. 
When You register with any Talent Train Site, You will be asked to create a Talent Train Account and provide Talent Train with certain information including personal information (your "Information").  Any Profile You submit must describe You, an individual person, and if an Employer Account, the company you represent. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character or company, or real individual or company that is not You. 

Candidates may not include in their Resume any names (first or last), telephone numbers, street addresses, email addresses or other means of contacting them.  We are not responsible for disclosure of personal contact info in a Candidate resume if the Candidate neglects to follow the instructions provided in the registration process to keep information confidential.  Contact information will be hidden, but resume and current and previous employers (if listed in the resume) will be visible.  If a Candidate does not wish to list a current employer, they have the right to refer to the company as “confidential company” on the resume.  By attaching a video resume to Candidate profile, that Candidate waives the right to remain confidential.  A Candidate also waives the right to remain confidential when they apply directly to an Employer job posting on the Talent Train Site.  

You are solely responsible for your Talent Train Account information, Profile, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information ("User Content") that You post on any Talent Train Site or transmit to other Users. You agree that in submitting User Content or otherwise using any Talent Train Site that you will not impersonate any person, or submit any materials to Talent Train that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.
The following is a partial list of User Content that is prohibited on the Talent Train Sites. The list below is for illustration only and is not a complete list of all prohibited User Content. 
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; 
•	harasses, incites harassment or advocates harassment of any group or individual; 
•	involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming", or unsolicited phone calls or faxes; 
•	promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 
•	promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; 
•	contains restricted or password only access pages, or hidden pages or images; 
•	displays or links to pornographic, indecent or sexually explicit material of any kind; 
•	provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or 
•	provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and 
•	solicits passwords or personal identifying information from other Users. 
You understand and acknowledge that you have no ownership rights in you’re Talent Train Account, and that if you cancel your Talent Train Account, all your account information from Talent Train, including resumes, Profiles, cover letters, network contacts, saved jobs, saved candidates, questionnaires and email mailing lists, will be marked as deleted in Talent Train's databases and will be removed from any public area of the Talent Train Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through Talent Train’s web servers. In addition, third parties may retain cached copies of your Information.
You are responsible for maintaining the confidentiality of your Train Account, Profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your Talenttrain.net registrations and passwords, whether or not authorized by You. You agree to immediately notify Talent Train of any unauthorized use of your Talent Train Account, Profile, or passwords, as the case may be.
6. Talent Train's Liability.
Talenttrain.net acts as a venue for Employers to post job opportunities and Candidates to post resumes and Profiles and does not necessarily screen or censor all listings, including Profiles offered. Talent Train is not involved in the actual transaction between Employers and Candidates. As a result, Talent Train has no control over User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of Employers to offer job opportunities to Candidates or the ability of Candidates to fill job openings and Talent Train makes no representations about any jobs, resumes or User Content on Talenttrain.net. Talent Train may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Talent Train, damage Talent Train’s brand or public image, or cause Talent Train to lose (in whole or in part) the services of its ISPs or other suppliers. While Talent Train reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from Talenttrain.net from time to time, Talent Train does not assume any obligation to do so and disclaims any liability for failing to take any such action.

All Employer job listings posted on Talenttrain.net are for direct placement with the Employer company whose name is disclosed in the job posting.  Under no circumstances does Talent Train make arrangements to hire Candidates on behalf of an Employer for temporary or permanent employment.   It is the Candidate's and Employer’s responsibility to negotiate any and all employment terms and conditions.  Talent Train or any of it’s affiliates will not be held liable for statements and agreements made in the offer process or employment negotiations or any obligations, verbal or written, between said Employer and Candidate.  Talent Train is not liable for the actions or statements of the Employer including, but not limited to, the Employers' interview process and screenings, salary terms and negotiations, policies and procedures, or accurateness of any information provided.  

In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through Talenttrain.net and/or the other Talent Train Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using Talenttrain.net and/or the other Talent Train Sites. 

Because User authentication on the Internet is difficult, Talent Train cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any Talent Train Site, in the event that You have a dispute with one or more Users, You release Talent Train (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 

7. Disclaimer of Warranty. 
TALENT TRAIN DOES NOT WARRANT THAT ANY TALENT TRAIN SITE WILL OPERATE ERROR-FREE OR THAT ANY TALENT TRAIN SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY TALENT TRAIN SITE OR THE TALENT TRAIN CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TALENT TRAIN IS NOT RESPONSIBLE FOR THOSE COSTS. THE TALENT TRAIN SITES AND TALENT TRAIN CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TALENT TRAIN, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. TALENT TRAIN MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE TALENT TRAIN CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

8. Disclaimer of Consequential Damages. IN NO EVENT SHALL TALENT TRAIN, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY TALENT TRAIN SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY TALENT TRAIN SITE AND THE TALENT TRAIN CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TALENT TRAIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Limitation of Liability. 
TALENT TRAIN'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY TALENT TRAIN SITE OR YOUR USE OF THE TALENT TRAIN CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100. 

10. Career Coaching, Third Party Providers and Links to Other Sites. 
Talent Train represents and offers various services of training providers and may provide some of the learning offered under Talent Train Career Coaching. Unfortunately, from time to time training classes or appointments are cancelled or changed due to a variety of reasons, including under enrolment, course instructor shortages, re-allocation of learning resources and other logistical problems. While Talent Train will work with You to help You contact your Career Coach or Learning Provider, class changes and cancellations are not within Talent Train's control. Accordingly, Talent Train is not responsible for any loss, damage, liability, expense or other problem or cost that You may incur or that may arise as a result of any class, the instruction received therein, your class being cancelled, or as a result of, or any change in, the subject matter, location or time of the class, or change in the instructor, facilities or equipment used in the class.

Talenttrain.net and certain other Talent Train Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Talent Train of the contents on such third-party Web sites. Talent Train is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.
 
Without limiting any of the other disclaimers of warranty set forth in these Terms, Talent Train does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through Talenttrain.net or any other Talent Train Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.

11. No Resale or Unauthorized Commercial Use. 
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Talent Train Site. 

12. Indemnity. 
You agree to defend, indemnify, and hold harmless Talent Train, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any Talent Train Site, (ii) your use of any Talent Train Content, or (iii) your breach of the terms of these Terms. Talent Train shall provide notice to You promptly of any such claim, suit, or proceeding. 

13. General. 
Talent Train makes no claims that the Talent Train Content may be lawfully viewed or accessed outside of the United States. Access to the Talent Train Content may not be legal by certain persons or in certain countries. If You access a Talenttrain.net or other U.S.-based Talent Train Sites from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the State of Alabama, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Jefferson County, Alabama. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Talent Train’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Talent Train’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of Talenttrain.net, a particular "Legal Notice," or software license or material on particular Talenttrain.net pages, these Terms constitute the entire agreement between You and Talent Train with respect to the use of Talenttrain.net. No changes to these Terms shall be made except by a revised posting on this page. 

14. Term and Termination 
These Terms will remain in full force and effect while You are a User of Talenttrain.net at any level. Talent Train reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from Talenttrain.net and the other Talent Train Sites and immediate termination of your registration with or ability to access Talenttrain.net and the other Talent Train Sites and/or any other services provided to You by Talent Train, upon any breach by You of these Terms or if Talent Train is unable to verify or authenticate any information You submit to Talenttrain.net or pursuant to other Talent Train Site registration. Even after You are no longer a User of Talenttrain.net, certain provisions of these Terms will remain in effect, including Sections 2, 4, 5 through 14, inclusive. 

15. Additional Terms. 
Talent Train acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, Talent Train may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any Talent Train Site. Talent Train reserves the right to expel Users and prevent their further access to the Talent Train Sites and/or use of Talent Train services for violating the Terms or applicable laws, rules or regulations. Talent Train may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Talent Train, damage Talent Train’s brand or public image, or cause Talent Train to lose (in whole or in part) the services of its ISPs or other suppliers. 
Talent Train does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. 
Talent Train does not necessarily monitor all materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact support@talenttrain.net.  If notified by a User of User Content or other materials which allegedly do not conform to these Terms, Talent Train may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. Talent Train has no liability or responsibility to Users for performance or nonperformance of such activities.

Certain areas of Talenttrain.net and the other Talent Train Sites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.

These Terms constitute a binding agreement between You and Talent Train, and is accepted by You upon your use of the Talent Train Site.

Update effective September 1, 2008.
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