Terms & Conditions

Welcome to Source My Talent LLC. These pages constitute the terms and conditions under which you may access sourcemytalent.com (the “Site”) and use the information contained therein (the “Services”). Please read these terms of use (“Terms”) carefully before using the Site or services available from or through it. The Site is owned and operated by Source My Talent LLC (referred to as the “Company” or “We” or “Us”). “You” are the person or entity using the Site. You understand that by making a purchase (also described as placing an order) through sourcemytalent.com, by using the Site (including any content provided therein), services, or your account or by posting any Materials on the Site, you are agreeing to be bound by these Terms. If you do not accept these Terms in their entirety, you may not access or use the Site and its services. If you agree to these Terms on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms, and your agreement to these terms will be treated as the agreement of the business. In that event, “you” and “your” refer herein to that business.

Ordering Obligations

In consideration of your use of the Site, you agree to provide true, accurate and complete information about yourself as prompted by the Site. The Company has the right to deny you access to the Site or reject your order if your information is untrue, inaccurate or incomplete. You must be age 18 or older to register for the Site. When entering the Site, you acknowledge that you are age 18 or older.

Agreement to Deal Electronically

The Company may keep records of any type of communication that is sent or received via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are deemed received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record. By accessing the Site or using the service, you acknowledge that your access to the Site is subject to the products/services of third parties over whom we have no control, including but not limited to: Internet service providers, hardware suppliers, third-party software, telecommunications services, and electric service. Accordingly, we shall not be liable for the unavailability of the Site or the service due to inaccessibility or inoperability as described above or due to the acts or omission of third parties.

Limited Non-Commercial License to Use Site

The Company hereby grants you the limited right to view and use the Site only for the purposes of accessing and using our consulting rates benchmarking-related services solely for your personal use. The Company reserves the right to terminate, suspend or deny, in its sole discretion, your access to all or any portion of the Site as described herein in various sections of these Terms. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to the Company. No portion of this Site is targeted to children. Unless you have received specific written permission from the Company, you may not (a) “frame” or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, the content displayed on the Site or (b) alter or modify any content on the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site for any commercial purpose.

Access Time

You are purchasing a specific period of time (“Access Time”) to our services. The Company’s services provide 30 days of Access Time beginning from the date of purchase. After 30 days from the date of purchase, you will no longer have access to the service you purchased if you do not continue your paid subscription.

Refund Policy

Except as otherwise provided in the Section entitled, “Limitation of Liability and Exclusive Remedy”:

All sales are final. There are no refunds, trials, or grace periods.

Obligations of Users

The Site may allow users to upload, post, and/or distribute user-submitted content (“Materials”), and use of the Site for this purpose is subject to the following conditions:

You agree to the storage and handling of your data by this Site.

Your Materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any person or organization. You shall not upload to the Site any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

You understand that all user feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other Materials of any nature that are transmitted to or via the Site are the sole responsibility of the person from which the Materials originated. This means you, and not the Company, are entirely responsible for the Materials you transmit through the Site.

No Guaranty

The Company makes no representations or guarantees regarding the effectiveness of our services in meeting your business objectives.

Chargebacks

If you have a dispute regarding a transaction with the Company you should contact the Company to attempt to resolve the dispute. If you dispute a transaction with the Company through your bank or financial institution that may lead to that payment transaction being reversed or returned, otherwise known as a “Chargeback.” The financial institutions used by the Company charge fees to the Company for Chargebacks. For example, PayPal would charge the Company $40 for each Chargeback, plus PayPal will retain the original transaction fee. You agree that you will also be responsible for any Chargebacks and any fees, fines, or penalties assessed to the Company or to you by any credit card, payment network, or financial institution as a consequence of you initiating a Chargeback. You agree that we may collect reasonable fees (including attorney’s fees) arising out of, or related to, our efforts to collect fees or other amounts from you including but not limited to debiting your bank, credit card, or another financial account. You agree that if you initiate a Chargeback with the Company you will be assessed a minimum of a $100 fee for the considerable administrative time and fees incurred by the Company to litigate the Chargeback with your and our financial institutions.

Copyrights and Trademarks

EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.

The trademarks, service marks, and logos used and displayed on the Site are the Company’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. The Company is the copyright owner or authorized licensee of all text and all graphics contained on the Site. All trademarks and service marks of the Company or its affiliates that may be referred to on the Site are the property of the Company or one of its affiliates. Other parties’ trademarks and service marks that may be referred to on the Site are the property of their respective owners. The Company aggressively enforces its intellectual property rights. Neither the name of the Company, its affiliates, nor any of the Company’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Site or otherwise, without the Company’s prior written permission, except that a third party website that desires to link to the Site and that complies with the requirements of the Section entitled “Links From Third Party Sites” may use the name “Source My Talent” in or as part of that link.

The Company will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any content or materials uploaded to the Site as well as terminate access to the Site if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements.

Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Site is prohibited, unless specifically authorized by the Company. Accordingly, no such content may be used on another website without express written permission from the Company.

It is our policy not to permit materials known by us to be infringing to remain on the Site. If you believe that any content on the Site infringes your copyright, please contact the Company’s copyright agent, who can be reached as follows:

By e-mail: to hello@sourcemytalent.com or our Contact website form

By mail to our mailing address:

Source My Talent

9300 Conroy Windermere Rd

PO Box 1782

Windermere FL, 34786

Please be sure to include the following information: (a) a description of the copyrighted work you allege is being infringed upon (and registration information if such work is registered with the copyright office); (b) the location of the allegedly infringing material on the Site, (c) your signature (digital or hard-copy), (d) your address, telephone number and email address and (e) a statement (notarized if possible and made under penalty of perjury that): (i) you are the copyright owner or are authorized to act on the copyright owner’s behalf; (ii) you believe in good faith that the rights of the copyright owner are being infringed, and that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents or applicable law).

Submitting Materials and Feedback

Unless you enter into a separate written agreement with the Company, the Company does not claim ownership in the Materials you submit. However, by submitting Materials in any form to the Company, in addition to other provisions of the Terms, you automatically grant Company a royalty-free, worldwide, irrevocable, non-exclusive, and assignable right and license to use, copy, reproduce, modify, adapt, edit, translate, create derivative works from, transmit, and distribute such Materials for the purpose of performing the services rendered by the Company.

Use of Materials

The Company owns all rights in any form, media or technology incorporating the Materials. Upon your payment of fees, the Company grants you an express, non-exclusive, nonassignable, and nonsublicensable right and license under the Company’s intellectual property to use any materials drafted by the Company specifically for you. This license is limited to personal and non-commercial uses by you.

We may use all comments, feedback and ratings about our services, whether provided by you or any other person, for marketing or promotional or any other purposes. This may include the use of any information that is otherwise publicly available, including your name.

Indemnity

You agree to indemnify and hold the Company, its parent company, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and materials, your use of the Site, your violation of these Terms or your violation of any third party’s rights including such party’s copyrights and trademarks.

Disclaimer of Warranties

EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY, THE SITE, SERVICES, AND MATERIALS ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY STATED BELOW IN THE SECTION TITLED “LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY”, THE COMPANY GIVES NO WARRANTIES OR GUARANTEES REGARDING THE EFFECTIVENESS OR TIMELINESS OF THE SERVICES IN MEETING YOUR BUSINESS NEEDS. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING, SALARY AND/OR OTHER COMPENSATION DECISIONS THAT YOU MAKE, REGARDLESS OF THE REASON MADE.

Assumption of Risks

YOU AGREE TO ASSUME ALL RISKS THAT THE SITE, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. YOU AGREE THAT THE COMPANY, SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.

No Damages

TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER THE COMPANY NOR ANY OF THE COMPANY’S OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, PARTNERS AND/OR SUPPLIERS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY, INCLUDING, BUT NOT LIMITED TO, ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) WHATSOEVER THAT MAY ARISE OUT OF OR BE RELATED TO THE SITE, SERVICES, AND/OR MATERIALS AND/OR ANY RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT/SERVICE LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability and Exclusive Remedy

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY THE COMPANY, OR ANY OF THE COMPANY’S AFFILIATES OR AGENTS SHALL BE, AT THE COMPANY’S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT/SERVICE THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON THE COMPANY’S SERVICES AGAIN, FREE OF CHARGE; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO THE COMPANY YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Your Representations and Warranties

You represent and warrant for the benefit of the Company, the Company’s suppliers, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (d) you are the owner of the Materials and they are original to you; (e) the Materials do not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (f) the Materials do not constitute defamation or libel or otherwise violate the law, and (g) you agree to defend, indemnify, and hold the Company (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (g).

Links to Third Party Sites

The Site contains links to third party sites that are not under the control of the Company and the Company is not responsible for any content on any linked site. If you access a third-party site from the Site, then you do so at your own risk. The company provides links only as a convenience and the inclusion of the link does not imply that Company endorses or accepts any responsibility for the content on those third-party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Links from Third Party Sites

If a third party links to the Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with the Company. In most cases, the Company is not even aware that a third party has linked to the Site. A third party website that links to the Site: (a) may link to, but not replicate, the Company’s content, (b) may not create a browser, border environment or frame the Company’s content, (c) may not imply that the Company is endorsing it or its products or services, (d) may not misrepresent its relationship with the Company, (e) may not present false or misleading information about the Company’s Services, (f) should not include content that could be construed as distasteful, offensive or controversial, and (g) should contain only content that is appropriate for all age groups.

International Usage

This Site is controlled and operated by the Company from its offices within the United States of America. The Company makes no representation that the Site, Services, or any related information offered by the Company are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the Services on the Site in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

Governing Law; Exclusive Jurisdiction

These Terms shall be governed by the laws of Virginia without regard to its conflict of law provisions that would give rise to the substantive law of another jurisdiction. Any disputes arising under or related in any way to these Terms, the Site, or any services shall be resolved exclusively through in the state or federal courts located in Virginia. By accessing the Site or using the service, you consent to the personal and subject matter jurisdiction of such courts for such purposes.

Entire Agreement

These Terms, as amended, your registration forms, and the disclosures provided by the Company and the consents provided by you, constitute the entire agreement between you and the Company. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The Company’s failure to act with respect to a breach by you or others does not waive the Company’s right to act with respect to subsequent or similar breaches.

Amendments

You agree that the Company may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from the Company to you as published through the Site or by email. We reserve the right to modify or change these Terms of Use from time to time. Any modifications, changes and/or additions to the Terms of Use will be posted on the Site. Changes will not occur retroactively, and you will have fifteen (15) days after notification to opt-out by alerting us in writing to the email address listed in the Notices section of these Terms of Use or by terminating your account. By continuing to use the Site after we such notice period, you accept and agree to the Terms of Use as modified.

Notices

Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to the Company by postal mail to 9300 Conroy Windermere Rd, PO Box 1782, Windermere FL, 34786 or as to a successor address that the Company makes available on the Site or through another reasonable manner. If applicable law requires that Company accepts email notices (but not otherwise), then you may send the Company email notice using the Company’s Contact website form or to hello@sourcemytalent.com. With respect to Company’s notices to you, Company may provide notice of amendments by posting them in the Site and you agree to check for changes. Instead of or in addition, the Company may give notice by sending an email to the email address you provide during registration. Notice shall be deemed given 24 hours after it is posted or an email is sent, unless (as to email) the sending party is notified that the email address is invalid.

Customer Comments

We welcome the submission of comments, information or feedback through the Site. By submitting information through the Site, you agree that the information submitted will be subject to the Company’s Privacy Policy.

Your Consent to These Terms

By accessing and using the Site, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on this webpage so that you will always be able to understand the terms that apply to your use of the Site.

If you have additional questions or comments of any kind, or if you see anything on the Site that you think is inappropriate, please let us know

By e-mail: to hello@sourcemytalent.com or our Contact website form

By mail to our mailing address:

Source My Talent LLC

9300 Conroy Windermere Rd

PO Box 1782

Windermere FL, 34786

These Terms were last revised on December 8, 2024.

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