Terms of Use

This Terms of Use policy effective as of July 20, 2010.  

General Talent will provide you with the use of rpPaq™, which is comprised of various protected patents and components such as online web based software, tools and instruction, as well as a browser interface and data encryption, transmission, access and storage. Your sign up or use of rpPaq shall be deemed to be your agreement to abide by General Talent's Terms of Use, hereby called the "Agreement" including, but not limited to, the websites' Copyright and Privacy and Use Policies.  

rpPaq is about “Better work within better lives.” You will be using “rpCamera™” to create a “monthly snapshot” of your work role relationship’s quality. All responses should be candid, honest, dependable and answered in the spirit of mutual trust, integrity, goodwill, confidence, and betterment. rpPap and its various components are neutral and are offered without either organizational or personal bias.  

By agreeing to the General Talent Terms of Use, you (also known as the worker, candidate, manager or Talent Steward) acknowledge and agree you will candidly express your perspectives as to the quality of your work relationship(s) as to the use of rpPaq and its various components.  

Eligible User Grant & Restrictions: 
General Talent hereby grants you a non-exclusive, non-transferable, worldwide right to use rpPaq, only to candidly express and monitor the quality of your work relationship(s) and subject to the terms of use of this Agreement. General Talent reserves all rights not expressly granted to you. You may not access rpPaq if you are a direct competitor of General Talent except with prior written consent from General Talent. In addition, you may not access rpPaq for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party rpPaq or the Content in any way; (ii) modify or make derivative works based upon rpPaq or the Content; (iii) create Internet "links" to rpPaq or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access rpPaq in order to (a) build a competitive product or Solution, (b) build a product using similar ideas, features, functions or graphics of rpPaq, or (c) copy any ideas, features, functions or graphics of rpPaq. User Id's and passwords cannot be shared or used by more than one individual User.  

You may use rpPaq only for the purpose of the expression and monitoring of the quality of your work role relationship(s) and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) interfere with or disrupt the integrity or performance of rpPaq or the data contained therein; or (iii) attempt to gain unauthorized access to rpPaq or its related systems or networks.  

The worker, candidate, manager and/or Talent Steward acknowledges that rpPaq is a software-based content management tool to enable you to candidly express the quality of your work relationship(s) as well as to monitor the quality of your work relationship(s) over time and may encompass, may involve or may be protected by legal, regulatory, or other rules, standards and practices including federal, state and local laws or regulations as well as policies, agreements in effect, codes, standards and practices that are applicable to the workforce, its industry, labor unions and professional associations that may apply. The User accepts responsibility for awareness and compliance with all applicable laws, regulations, agreements in effect, conventions, standards, policies, codes or practices that apply to their role, circumstance, actions and their application combined with the use of rpPaq. The User acknowledges and agrees that they will not apply rpPaq in any form or manner to violate, circumvent or otherwise abuse any applicable governing law, agreement in effect, code, policy, regulation, convention, standard or practice that may be in place and applicable.  

Your Responsibilities: You are responsible for all activity occurring under your User account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of rpPaq, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify General Talent immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to General Talent immediately and use reasonable efforts to stop any suspected use of your account; (iii) not impersonate another user or provide false identity information to gain access to or use rpPaq and (iv) immediately inform General Talent  if you become aware of any violation or compromise of this Agreement, in part or by themselves or by any other person, entity or organization. Please immediately report any misuse, violations, misrepresentations or abuse of this system by calling: 865-293-4256.

Account Information and Data:General Talent  does not own any data, information or material that you submit to rpPaq in the course of using rpPaq. All content created and shared is property of the organization. You, not General Talent, shall have sole responsibility for the accuracy, quality, integrity, and reliability of the data and answers selected and General Talent shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any QR Snapshots. General Talent reserves the right to withhold, remove and/or discard data without notice for any breach. Upon termination for cause, your right to access rpPaq immediately ceases, and General Talent shall have no obligation to maintain any QR Snapshots.  

Intellectual Property Ownership:General Talent  shall own all rights, title and interest, including all related Intellectual Property Rights, in and to the General Talent  technology related to rpPaq, including but not limited to the Content and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to rpPaq. This Agreement is not a sale and does not convey to you any rights of ownership in or related to rpPaq owned by General Talent. The General Talent names, the General Talent logos, and the product names and logos associated with rpPaq, rpCamera™, QR Snapshot™ are trademarks of General Talent and no right or license is granted to use them.  

Third Party Interactions:rpPaq contains links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data, or solicit personally identifiable information from you. Other sites follow different rules regarding the use or disclosure of personally identifiably information you submit to them. We encourage you to read the privacy policies of the other websites you visit.  

Termination for Cause:Any unauthorized use of the General Talent  technology or rpPaq will be deemed a material breach of this Agreement. General Talent, in its sole discretion, may terminate your password, account or use of rpPaq if you breach or otherwise fail to comply with this Agreement. You acknowledge and agree that at such time you would no longer be an eligible user, and accordingly, you no longer have any rights to the use or benefit of rpPaq in any form, manner, situation or circumstance. General Talent has no obligation to retain your QR Snapshots, and may delete such QR Snapshots, if you have materially breached this Agreement.  

Mutual Indemnification:You shall indemnify and hold harmless General Talent  officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of your data infringes the rights of, or has caused harm to, a third party; (ii) a claim which, if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you, provided in any such case that General Talent  (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release General Talent of all liability and such settlement does not affect the business of General Talent); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.  

General Talent shall indemnify and hold harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that rpPaq directly infringes a copyright, a U.S. patent issued as of the Effective Date, or a trademark of a third party; (ii) a claim, which if true, would constitute a violation by General Talent  of its representations or warranties; or (iii) a claim arising from breach of this Agreement by General Talent ; provided that you (a) promptly give written notice of the claim to General Talent ; (b) give General Talent  sole control of the defense and settlement of the claim (provided that General Talent may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provide to General Talent  all available information and assistance; and (d) have not compromised or settled such claim. General Talent shall have no indemnification obligation, and you shall indemnify General Talent  pursuant to this Agreement, for claims arising from any infringement arising from the combination of rpPaq with any of your products, solutions, hardware or business process(s).  

Disclaimer of Warranties:GENERAL TALENT  MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF RPPAQ. GENERAL TALENT  DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF RPPAQ WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) RPPAQ WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SOLUTIONS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH RPPAQ WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) RPPAQ OR THE SERVER(S) THAT MAKE RPPAQ AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RPPAQ AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY GENERAL TALENT.  

Modification to Terms: General Talent reserves the right to modify the Terms of Use of this Agreement or its policies relating to rpPaq at any time, effective upon posting of an updated version of this Agreement on rpPaq. You are responsible for regularly reviewing this Agreement. Continued use of rpPaq after any such changes shall constitute your consent to such changes.  

General: The User acknowledges and agrees that any violation, compromise of this Agreement personally, inclusive of losses and damages to General Talent  or to others, may result in actions by General Talent  or by other injured or damaged parties. It is understood that General Talent or other parties may seek the full remedies and prosecutions permitted to them under Federal, State or Local Laws, including copyright, patent, trademark, civil, criminal or labor laws and regulations. The User will be responsible for the full costs of this pursuit of remedies or prosecution as well. This Agreement will be governed and be applicable in these respects and actions under the laws of the State of Tennessee.

I hereby agree to the above "General Talent Terms of Use" and will only use rpPaq in accordance with this Agreement.

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