Summary of Introduction
Tallo is an online platform where students and professions showcase their skills and interests to connect with opportunities.
Welcome! Tallo, Inc. (“Tallo”) is an online platform that enables students and job seekers to showcase their interests, goals, and experiences and to connect students and professionals with colleges, universities, potential employers, and organizations.
When you use our Services, you are entering into a legally binding contract that is governed by these Terms.
If you do not agree to be bound by these Terms, then do not create an account with us and do not use our Services. If you already have an account, and you would like to terminate it, please contact us at: email@example.com
2) The Services
Summary of Services Eligibility
In using the Services, you agree that you meet the eligibility requirements, including the Minimum Age.
2.1. Services Eligibility. To be eligible to use the Services, you represent and warrant that you: (1) are not currently restricted from using the Services by Tallo; (2) are not a competitor of Tallo or using the Services in any way that competes with Tallo; (3) will maintain only one account at a time; (4) have full power and authority to enter into these Terms; (5) agree to provide, at your own cost and expense, all equipment, software, and internet access necessary to use the Services; and (6) that you meet Tallo’s “Minimum Age” requirements. For purposes of these Terms, Minimum Age means that you are at least thirteen (13) years of age.
Summary of Right to Use Services
Tallo retains ownership of the Services and grants you a limited right to use them in accordance with these Terms.
2.2. Your Right to Use the Services. Tallo retains all right, title, and interest in and to the Services and any associated intellectual property right therein including, but not limited to, any inventions (whether patentable or not), copyrights, trade secrets, logos, trademarks and service marks. Tallo shall also own any ideas, concepts, suggestions, or improvements you submit to Tallo relating to the Services with no compensation to you. Provided you comply with these Terms, Tallo grants you a non-exclusive, non-transferable, limited right to use the Services for their intended purpose. You may not sub-license, transfer, or assign any of the rights granted herein. The right to use the Services will automatically terminate upon termination of your account.
Summary of Ownership of Content
You own all of the original content you generate or post while using the Services.
2.3. Ownership of Content.
You retain ownership of any original content you post to the Services or generate using the services. You hereby grant to Tallo a non-exclusive, world-wide, perpetual, paid up, royalty-free license to use your content for any purpose with no compensation to you. You are solely responsible for the content you generate and post while using the Services and for your interactions with other students, subscribers, education institutions, businesses, companies, mentors, individuals or organizations who post to the Services, and individuals you allow to view your student profile (“Users”).
Summary of Services May be Modified
Tallo may modify the Services and remove your content if it violates these Terms.
2.4. Services May be Modified.
Tallo may modify, limit, replace, refuse access to, suspend, or discontinue the Services, in whole or in part, or adjust fees for the Services at any time, in Tallo’s sole discretion. Tallo will provide notice to you if any material changes are made to the Services. Tallo further reserves the right to withhold, remove, or discard any content you post to your account if the content is deemed to violate these Terms.
Sharing your information is inherent in Tallo’s services. Tallo will share your information with employers, colleges, universities, and organizations for various recruitment activities. With your approval, Tallo may also publish your information on our homepage (for example, highlighting a student that was recently awarded a scholarship) or through other features on our website, which could make your information visible to the general public. Tallo does not control how third parties use your data.
Summary of Payment Policy
You are responsible for paying any fees due, if applicable.
If you purchase any Services that Tallo offers for a fee, you agree to Tallo storing your payment information through a secure portal. You also agree to pay the applicable fees as they become due, including any taxes, and to reimburse Tallo for any fees incurred while collecting overdue payments from you. Failure to pay fees due may result in termination of your account.
3) Dos & Don’ts
Summary of Dos and Don’ts
Use the Services in a professional manner and submit only truthful and accurate information.
As a condition to using our Services, you agree to follow our Dos and Don’ts.
Do undertake the following:
- Comply with all applicable laws, including, without limitation, those relating to privacy, intellectual property, export control, tax, and regulatory requirements;
- Provide Tallo with accurate information and update it as necessary;
- Review and comply with any notices Tallo sends you concerning the Services;
- Use the Services in a professional manner;
- Keep your username and password confidential and do not share them with others;
- Use your real name on your profile; and
- Protect your sensitive information such as your email address, phone number, and address.
Continued Summary of Dos and Don’ts
Don’t use the Services in an unlawful or unprofessional manner. Don’t submit any false, objectionable or infringing content or attempt to interrupt the Services in any way.
Don’t undertake the following:
- Act dishonestly or unprofessionally by posting unlawful, libelous, abusive, obscene, discriminatory, inappropriate, inaccurate, or objectionable content to the Services;
- Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field).
- Create a profile for anyone other than a natural person;
- Harass, abuse or harm another person, including sending unwelcomed communications to others using the Services;
- Invite people you do not know to join your network;
- Upload a profile image that is not your likeness or a head-shot photo;
- Use or attempt to use another’s account or create a false identity on Tallo;
- Upload, post, email, message, transmit or otherwise make available or initiate any content that:
- Falsely states, impersonates or otherwise misrepresents your identity, affiliations, qualifications, or experience;
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other intellectual property rights;
- Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Contains software viruses, worms, malware, or any other harmful code, files or programs that interrupt, destroy or limit the functionality of the Services or any computer or other equipment;
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Services (excluding original content posted by you) except as permitted by these Terms;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code or any underlying intellectual property used to provide the Services, or any part thereof;
- Utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in Tallo’s sole discretion, with Tallo;
- Rent, lease, loan, trade, sell/re-sell access to Tallo or any information therein, or the equivalent, in whole or part;
- Sell, sponsor, or otherwise monetize a Tallo Group or any other service or functionality of the Services, without the express written permission of Tallo;
Deep-link to the Services for any purpose, (i.e. creating or posting a link to a Tallo webpage page other than Tallo’s home page);
- Remove any copyright, trademark or other legal or proprietary rights notices;
- Remove, cover or otherwise obscure any form of advertisement ;
- Share information of non-Members without their express consent;
- Infringe or use Tallo’s brand, logos, trademarks, or service marks, including, without limitation, using the word “Tallo” in any business name, email, or URL;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any Tallo webpage pages or other material contained in the Services;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Attempt to or actually access the Services by any means other than through the interfaces provided by Tallo;
- Attempt to or actually override any security component included in or underlying the Services;
- Interfere with or disrupt the Services in any way.
4) Disclaimer of Warranties
Summary of Disclaimer of Warranties
The Services are provided as is and as available.
Tallo makes no representations or warranties with respect to any content, functionality, or Third Party Services.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TALLO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. TALLO DOES NOT WARRANT THAT THE SERVICES WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, ARE ERROR-FREE, WILL BE FREE FROM INTERRUPTIONS, ARE COMPATIBLE WITH YOUR OPERATING ENVIRONMENT, ARE FREE FROM MALWARE, VIRUSES, OR HARMFUL CODE, OR WILL ACCOMPLISH ANY PARTICULAR RESULT.
TALLO HAS NO OBLIGATION TO VERIFY THE IDENTITY OF ANY USER OF OUR SERVICES. TALLO DOES NOT CONTROL OR MONITOR USER GENERATED CONTENT AND TALLO MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE OWNERSHIP OR ACCURACY OF ANY SUCH CONTENT OR WHETHER OR NOT IT INFRINGES ON ANY THIRD PARTY RIGHTS. TALLO MAY LINK TO THIRD PARTY WEBSITES, PRODUCTS, AND SERVICES (COLLECTIVELY, “THIRD PARTY SERVICES”). TALLO HAS NO CONTROL OVER AND MAKES NO WARRANTIES WITH RESPECT TO THESE THIRD PARTY SERVICES.
YOU ACKNOWLEDGE THAT TALLO DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, INTERRUPTIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. TALLO IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
TALLO HAS NO LIABILITY FOR ANY LOSS, DAMAGE, CORRUPTION, OR UNAUTHORIZED DISCLOSURE OF ANY OF YOUR DATA, ELECTRONIC FILES, PERSONAL INFORMATION, FINANCIAL INFORMATION, OR CONTENT GENERATED BY YOU OR OTHER USERS, OR FOR ANY PHYSICAL DAMAGE TO ANY COMPUTER, HARDWARE, MOBILE DEVICE, OR OTHER EQUIPMENT.
NO REPRESENTATION OR OTHER AFFIRMATION OF FACT WHICH IS NOT CONTAINED IN THIS AGREEMENT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, ACCURACY OR PERFORMANCE OF THE SERVICES OR ANY THIRD PARTY PRODUCT OR SERVICE, WHETHER MADE BY TALLO OR OTHERWISE, WILL BE DEEMED TO BE A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF TALLO.
5) Indemnification and Limit on Liability
Summary of Indemnification and Limit on Liability
You will indemnify Tallo for any claims, cost, and expenses arising out of your use of the Services.
Tallo’s total liability to you will not exceed the lesser of the amount you paid for the Services or $100.
By using the Services, you agree to indemnify, defend, and hold Tallo and its officers, directors, and employees harmless from and against any and all claims, costs and expenses arising out of your use of the Services, including your generation or posting of any content. Tallo shall not be liable for any damages whatsoever due to your acts or omissions. Tallo’s total liability in respect of any and all claims arising from or related to the Services, whether in contract, tort, or otherwise, will be limited to the lesser of: (a) the amount paid, if any, to Tallo over the twelve (12) month period immediately preceding the event giving rise to the damages; or (b) $100 USD.
IN NO EVENT SHALL TALLO OR ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND.
IN NO EVENT WILL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF OR TO ENJOIN OR RESTRAIN THE OPERATION OF THE SERVICES OR ANY FEATURE THEREOF.
Summary of Termination Without Cause
You and Tallo can both terminate your account at any time.
6.1. Termination Without Cause. You may terminate your account, for any reason, at any time, upon notice to Tallo pursuant to these Terms. This notice will be effective upon Tallo processing your request. Tallo may terminate your account, at any time, with or without notice. This cancellation shall be effective immediately or as specified by Tallo. If Premium Services are offered for a fee, only Tallo or the party paying for the Services may terminate your account. Termination of your Tallo account includes disabling your access to the Services and may also bar you from any future use of the Services.
Summary of Termination for Cause
Tallo can terminate your account if you misuse the Services or violate these Terms.
6.2. Termination for Cause. Tallo may restrict, suspend or terminate your account or the account of any User who abuses or misuses the Services. Misuse of the Services includes violating any of these Terms, or any other behavior that Tallo deems contrary to its purpose. In addition, Tallo may terminate your account or the account of any User for repeat violations under the Digital Millennium Copyright Act (DMCA) as determined by Tallo in Tallo’s sole discretion.
Summary of Effect of Termination
Upon termination of your account, Tallo will delete your content.
6.3. Effect of Termination. Provisions of these Terms which, by their nature should reasonably be deemed to survive termination of your account, shall survive. Upon termination of your account, Tallo shall have no obligation to store, save, or otherwise provide you with access to the Services or any content you may have generated, posted, or saved to your account. Tallo recommends that you take steps to transfer this information prior to terminating your account.
Summary of Entire Agreement Terms
These Terms represent the entire agreement between us.
7.1. Entire Agreement. These Terms set forth the entire agreement between you and Tallo with respect to the Services and supersedes all prior negotiations and dealings, oral or written. In the event of a conflict between these Terms and any other agreement or understanding between us, these Terms will govern.
Summary of Severability
Unenforceable terms will not affect the enforceability of the rest of the Terms.
7.2. Severability. Any provision of these Terms which is prohibited or unenforceable in any jurisdiction shall be ineffective in that jurisdiction without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.
Summary of Assignment
You cannot transfer your rights or duties.
7.3. Assignment. You may not sell, assign, transfer, or otherwise dispose of your rights or delegate your duties under these Terms without our prior written consent. Tallo may freely assign or delegate all rights and obligations under these Terms in whole or in part without notice to you. These Terms shall be binding on any successors and assigns of Tallo.
Summary of Export Compliance
You will not violate U.S. export laws.
7.4. Export Compliance. You agree to comply with all applicable export laws, codes, regulations, and license requirements of the United States of America and other applicable jurisdictions in connection while using the Services.
Summary of Governing Law and Jurisdiction
In the unlikely event there is a dispute between us, you agree to the laws and courts of South Carolina or to arbitration.
7.5. Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the state of South Carolina, without regard to the principles thereof regarding conflict of laws, excepting applicable federal law. You agree that the Courts of Charleston County, South Carolina shall have exclusive jurisdiction to settle any claim or dispute between us. In the alternative, you agree that Tallo may elect to settle any dispute through an established alternative dispute resolution (“ADR”) provider. The ADR provider and the parties will agree that: (a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions in a manner chosen by Tallo, (b) the arbitration shall not involve any personal appearance by us or witnesses unless we agree otherwise, and (c) any judgment on the award rendered by the arbitration shall be final and may be entered in any court of competent jurisdiction.
Summary of Waiver
Failure to enforce a term is not a waiver of the term.
7.6. Waiver. Failure of Tallo to enforce any provision of these Terms shall not be construed as a waiver of such provision.
Summary of DMCA
Tallo will remove any infringing content upon written request.
Tallo respects the intellectual property rights of others. If you believe that your intellectual property has been copied, posted, or distributed using the Services in a manner that constitutes copyright infringement, please contact Tallo at the contact below so that Tallo can review your request and, if appropriate, remove the infringing content:
1501 Belle Isle Ave
Mount Pleasant, SC 29464
Summary of Notices
Tallo will send you notices using your account.
You agree that Tallo may communicate with you using your Tallo account or other means such as your email or telephone number. Tallo may also communicate messages or notices to you about the Services by updating these Terms or posting notifications on the Tallo website.
Summary of Contact Information
You may contact Tallo either via email or U.S. mail at these addresses.
If you have questions or comments about these Terms, or if you would like to submit a complaint regarding content posted by a User, please contact us via email at firstname.lastname@example.org or via mail at:
1501 Belle Isle Ave
Mount Pleasant, SC 29464