BEFORE ACCESSING THE CONTENT ON HTTPS://WWW.STAFFING.COM AND ITS RELATED SUBPAGES (THE “SITE”), INCLUDING ALL TEXT, IMAGES, SOUNDS, VIDEO, AND CONTENT MADE AVAILABLE THROUGH ANY PORTION OF THE SITE (COLLECTIVELY, THE “CONTENT”), PROVIDED BY TOPTAL LLC (“TOPTAL”), YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS (THIS “AGREEMENT”). USING OR ACCESSING THE SITE INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT AND ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND TOPTAL. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITE.
Privacy Policy and Cookie Policy.
Your use of the site is subject to Toptal’s Privacy Policy and Staffing.Com’s Cookie Policy that may be made available to you from time to time and is accessible at https://www.toptal.com/privacy (the “Privacy Policy”) and https://www.staffing.com/cookie-policy (The “Cookie Policy”). Both Policies will be deemed incorporated by reference in this Agreement, and for purposes of the Policies, the Service shall be deemed part of the “Service” and “Site” as defined therein. In the event of any inconsistency between this Agreement and the Policies, this Agreement will control.
Authorization to Access and Use Site and Content.
Subject to your compliance with these T&Cs and the provisions hereof, you may access or use the Site solely for the purpose of your evaluation of the Content. You may only link to the Site or Content, or any portion thereof, as expressly permitted by Toptal.
Ownership and Restrictions.
All rights, title and interest in and to the Site and Content will remain with and belong exclusively to Toptal. You will not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Site and any Content available to any third party, (b) use the Site and Content in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Site and Content or their related components, or (c) modify, adapt or hack the Site and Content to, or try to, gain unauthorized access to the restricted portions of the Site and Content or related systems or networks (i.e., circumvent any encryption or other security measures, gain access to any source code or any other underlying form of technology or information, and gain access to any part of the Site and Content, or any other products or services of Toptal that are not readily made available to the general public).
You are not permitted to copy, modify, frame, repost, publicly perform or display, sell, reproduce, distribute, or create derivative works of the Site and Content, except that you may download, display, and print one copy of the publicly available materials (i.e., the Content that does not require an Account name or password to access) on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices. You agree not to access the Site or Content by any means other than through the interface that is provided by Toptal to access the same. You may not use any “page-scrape,” “deep-link,” “spider,” or “robot or other automatic programs, device, algorithm or methodology, or any similar manual process, to access, copy, acquire, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the presentation or navigational structure of the Site or any Content, to obtain or attempt to obtain any Content or other information through any means not made generally available through the Site by Toptal. Toptal reserves the right to take any lawful measures to prevent any such activity. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Toptal on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Reservation of Rights
Toptal and its licensors each own and retain their respective rights in and to all logos, company names, marks, trademarks, copyrights, trade secrets, know-how, patents and patent applications that are used or embodied in or otherwise related to the Site and Content. Toptal grants no rights or licenses (implied, by estoppel, or otherwise) whatsoever to you under these T&Cs.
Disclaimers; Limitations of Liability.
THE SERVICE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. TOPTAL DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS RELATING TO THE SERVICE, WHETHER EXPRESS, IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION, WARRANTY, OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT WILL TOPTAL BE LIABLE FOR (A) LOSS OF PROFITS, REVENUE, OR LOSS OR INACCURACY OF DATA, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR (B) ANY AMOUNTS IN EXCESS OF ONE HUNDRED DOLLARS ($100), EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states and other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, TOPTAL’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Dispute Resolution; Jury Waiver.
This Agreement shall be governed, and will be construed and enforced in accordance with the laws of the State of Delaware, without giving effect to principles of conflicts of law. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, each of the parties irrevocably and unconditionally (a) consents and submits to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware; and (b) waives any and all right to trial by jury in any legal proceeding arising out of or related to this Agreement or any transaction completed hereby.
Miscellaneous.
This Agreement (including Toptal.Com’s Privacy Policy and Staffing.Com’s Cookie Policy, as incorporated by reference herein) is the entire agreement between you and Toptal relating to your use of the Service and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. The failure of Toptal to exercise or enforce any right or provision of this Agreement will not be a waiver of that right. Any notices to Toptal in connection with this Agreement will be made by email transmitted to [email protected] provided that you also send a copy of such notice via nationally recognized carrier to Staffing.Com c/o Toptal, LLC, 2810 N. Church St #36879 Wilmington, DE 19802-4447. In the event that any provision of the Agreement will be determined to be illegal or unenforceable, that provision will be first revised to give the maximum permissible effect to its original intent or, if such revision is not permitted, that specific provision will be eliminated so that this Agreement will otherwise remain in full force and effect and enforceable.
T&Cs Updates.
Toptal reserves the right, at its sole discretion, to change or modify portions of these T&Cs at any time. Toptal will post the changes to these T&Cs on this webpage and will indicate at the top of this page the date these terms were last revised. It is your responsibility to check the T&Cs periodically for changes. Your continued use of the Site and Content after the date any such changes become effective constitutes your acceptance of the new or revised T&Cs.
