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TALEO KNOWLEDGE EXCHANGE WEBSITE PRIVACY STATEMENT AND TERMS OF USE

I. PRIVACY STATEMENT

This Privacy Statement is effective September 1, 2009 and only applies to the content accessible via the http:knowledgeexchange.taleo.com web site (the "Knowledge Exchange"), and does not apply to any other information or web site. Please review this Privacy Statement periodically as we (Taleo Corporation) may update it from time to time and notify you by posting a revised privacy statement on the Knowledge Exchange or otherwise. Each time you visit the Knowledge Exchange or provide us with information, you are, by doing so, accepting the terms and practices described in the Privacy Statement at that time.

YOUR PERSONAL INFORMATION. In order to operate the Knowledge Exchange in an efficient and effective manner, we may collect personal information about you, including but not limited to contact information such as your first and last name, email address and phone number, and other information such as your employer and job title. To enable your use of the Knowledge Exchange, it is mandatory that the following elements of your personal information (“Mandatory Personal Data Elements”) be made available to other Knowledge Exchange users:

Name
Company Name
Email
Job Title & Role
Company Size
Taleo Products in Use

Excluding the data elements listed above and any information you post to the Knowledge Exchange, we will use reasonable efforts to maintain the confidentiality of the personal information you share with us and we will not share such information with other users of the Knowledge Exchange.

INFORMATION YOU POST. The Knowledge Exchange is a portal for the online exchange of product-related and industry best practice information. The Mandatory Personal Data Elements and any information you post to the Knowledge Exchange, including personal information about yourself or your photo, will be published and available for access, download and further processing by other users of the Knowledge Exchange. We do not promise any confidentiality or privacy restrictions with respect to the data you post to the Knowledge Exchange and YOU SHOULD HAVE NO EXPECTATION OF PRIVACY WITH RESPECT TO DATA YOU POST TO THE KNOWLEDGE EXCHANGE. Taleo has no control over the use by other Knowledge Exchange users of the data you share via the Knowledge Exchange and Taleo does not monitor any such use. Taleo disclaims all liability to you or your employer for the use, disclosure, or dissemination of information you have shared via the Knowledge Exchange.

YOUR OBLIGATION WITH RESPECT TO TALEO-RELATED INFORMTATION POSTED TO THE KNOWLEDGE EXCHANGE. The Knowledge Exchange is accessible only to employees of Taleo customers and certain Taleo-approved partners. The Knowledge Exchange is not available to the general public. Content posted by Taleo to the Knowledge Exchange is intended solely for the internal business use of Taleo customers and partners to whom Taleo has issued Knowledge Exchange login credentials, and such content may constitute Taleo’s confidential, proprietary or trade secret information. You may not share your login credentials (including your Knowledge Exchange password) with any other person or company. You may not disclose content from the Knowledge Exchange (including screenshots) to any persons other than your co-workers and other Knowledge Exchange users. You may not, in any event, disclose content from the Knowledge Exchange (including screenshots) to any person or company that is a competitor of Taleo.

MANDATORY DISCLOSURES OR TRANSFERS OF YOUR PERSONAL INFORMATION. Taleo may disclose specific user information to third parties who are not users of the Knowledge Exchange when we determine that such disclosure is necessary to comply with the law, to cooperate with or seek assistance from law enforcement or to protect the interests or safety of Taleo or other users of the Knowledge Exchange. In addition, your personal information may be passed on to a third party in the event of a transfer of ownership or assets or a bankruptcy of Taleo.

WARNING ABOUT DISCLOSURES OF YOUR PERSONAL INFORMATION. Be careful about the information you post to the Knowledge Exchange. Users of the Knowledge Exchange should not have a need to request the following data from you and we recommend that you not post or exchange such data via the Knowledge Exchange:

personal phone number;
home address;
social security number (or other government issue identification number);
drivers license number;
credit card information;
bank account information;
medical history or medical records; and
credit history or credit information.

WHERE AND BY WHOM YOUR PERSONAL DATA MAY BE ACCESSED AND PROCESSED. Your personally identifiable data will be processed, stored and accessed by Taleo employees who operate and maintain the Knowledge Exchange in various global jurisdictions, including the United States. Taleo may use third parties, including hosting co-location, hosting managed service providers and application providers, in various locations, including the United States, to operate the Knowledge Exchange and your personal data may be processed, stored and accessed by such third parties. By accessing the Knowledge Exchange, you consent to such hosting and processing of your data.

II. TERMS OF USE

These Terms of Use are effective September 1, 2009 and only apply to the http:knowledgeexchange.com web site (the "Knowledge Exchange"), and do not apply to any other information or web site. Please review these Terms of Use periodically as we (Taleo Corporation) may update them from time to time and notify you by posting revised Terms of Use on the Knowledge Exchange or otherwise. Each time you visit the Knowledge Exchange or provide us with information, you are, by doing so, accepting the Terms of Use in effect at that time. If you do not wish to accept these Terms of Use, do not click “I accept” or access the Knowledge Exchange. Unless you accept and comply with all of these Terms of Use you may not use the Knowledge Exchange and your access will violate various laws and legal rights (including, without limitation, contractual rights, copyrights and prohibitions of trespass).

Use of the Knowledge Exchange by Taleo Competitors is Prohibited. If you are an employee, agent or contractor of a Taleo competitor (including an independent firm engaged by a Taleo competitor to gather competitive data), you may not access the Knowledge Exchange and you agree that any access to the Knowledge Exchange by you constitutes a breach of these Terms of Use and Taleo’s copyrights, and constitutes misappropriation of Taleo’s trade secrets and confidential information.

Your Right to Use the Knowledge Exchange. Taleo grants you a limited, terminable, non-exclusive, non-transferable right, during the term of your employment with a Taleo customer, to access and use the Knowledge Exchange only to view, download and post content to the Knowledge Exchange related to the use of Taleo’s solutions and your own corporate talent management best practices (the “Approved Purpose”). You may not sell or assign your right to access and use the Knowledge Exchange or any content that you are provided access to via the Knowledge Exchange. You agree that you are solely responsible for all aspects (including accuracy, completeness and compliance with any applicable laws, rules or regulations) of any content that you elect to post or approve to be posted on the Knowledge Exchange. You agree that Taleo has no obligation to update, validate or monitor any content posted to the Knowledge Exchange by you or any other user of the Knowledge Exchange, and Taleo disclaims all liability to you or your employer resulting from any such content. Taleo reserves the right to suspend or terminate your right to access and use the Knowledge Exchange or to remove content posted to the Knowledge Exchange for any reason at any time, in its sole discretion.

Prohibited Uses. You may not:

post commercial or promotional content not related to the Approved Purpose to the Knowledge Exchange;
send commercial or promotional emails not related to the Approved Purpose or high volume emails or spam emails to other Knowledge Exchange users;
post content to the Knowledge Exchange that you are not licensed or authorized to post;
post content to the Knowledge Exchange that is false, misleading, discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or
upload to the Knowledge Exchange any virus, worm, Trojan horse or other malicious code.

Intellectual Property Rights. The Knowledge Exchange and all right, title and interest in and to the Knowledge Exchange is the sole property of Taleo or its licensors, and is protected by U.S. copyright law and international treaties. Except for the limited licenses expressly granted to you in these Terms of Use, Taleo reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, or sell the Knowledge Exchange, or use it in any other way for public or commercial purpose. "Taleo," the “Knowledge Exchange,” the Taleo design logo and certain other names or logos are service marks or trademarks of Taleo, and all related product and service names, design marks and slogans are the service marks or trademarks of Taleo. In addition, the "look" and "feel" and functionality of the Knowledge Exchange (including color combinations, button shapes, layout, design and all other graphical elements) are protected by Taleo’s trademarks, service marks and copyrights and may also constitute trade secrets. All other product and service marks contained on the Knowledge Exchange are the trademarks of their respective owners.

Allocation of Responsibility. The Knowledge Exchange is a portal for the online distribution and publication of content for the Approved Purpose and Taleo reserves the right, but assumes no obligation to screen or monitor communications between users, to screen, monitor, modify or remove any content posted to the Knowledge Exchange by users, or to monitor the use, actions taken or activities of users. Taleo shall have no liability or responsibility to users for performance or nonperformance of such activities and hereby disclaims all such potential liability. Taleo may take any action with respect to user submitted content that it deems necessary or appropriate, in its sole discretion.

Taleo’s customers operate in many different global jurisdictions and in various industries. Taleo makes no representation that content posted by Taleo or any user to the Knowledge Exchange will be compliant with the laws, rules or regulations applicable in any jurisdiction or to any particular Knowledge Exchange user. Users should consult their own legal counsel before taking action based on any content posted to the Knowledge Exchange. Taleo does not and has no obligation to provide legal or compliance-related advice to any users.

WARRANTY DISCLAIMERS. THE KNOWLEDGE EXCHANGE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TALEO, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. TALEO MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE KNOWLEDGE EXCHANGE. Without limitation on the foregoing: TALEO DOES NOT WARRANT THAT THE KNOWLEDGE EXCHANGE WILL OPERATE ERROR-FREE OR THAT THE KNOWLEDGE EXCHANGE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE KNOWLEDGE EXCHANGE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TALEO IS NOT RESPONSIBLE FOR THOSE COSTS. Taleo makes no representations or guarantees regarding the truthfulness, accuracy, completeness, legality, timeliness or reliability of any content posted by users on the Knowledge Exchange, or of any other form of communication engaged in by users. Such content may contain inaccuracies or other errors. You agree that any reliance on such content posted by users, or on any other form of communication with users, will be at your own risk.

Taleo makes no representations or guarantees regarding the content of the Knowledge Exchange, including, but not limited to, broken links, inaccuracies or errors.

DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE KNOWLEDGE EXCHANGE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE KNOWLEDGE EXCHANGE. IN NO EVENT SHALL TALEO (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY INDIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE KNOWLEDGE EXCHANGE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN CAUSES OF ACTION, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN TALEO’S MAXIMUM LIABILITY TO YOU OR YOUR EMPLOYER FOR ANY INDIRECT DAMAGES SHALL BE LIMITED TO U.S. $1,000.00 IN THE AGGREGATE. IN NO EVENT SHALL TALEO (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE TO YOU OR YOUR EMPLOYER FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF U.S. $1,000.00. Due to the nature of this Agreement, in addition to money damages, you agree that Taleo will be entitled to equitable relief upon a breach of this agreement by you without the requirement to post bond.

California Law and Arbitration.

Choice of Law: These Terms of Use and any disputes arising out of or relating to these Terms of Use (“Dispute(s)”) shall be governed by California law, excluding conflicts of law principles.
Agreement to Arbitrate and Pay Attorneys’ Fees: Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in San Jose, California, USA in English, with a written decision stating, and legal reasoning issued by, the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that does not ultimately prevail in the arbitration.
Exception from Arbitration Agreement: Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
Refundable Fee Advances for Consumers: If you are involved in a Dispute as an individual and not as an employee of a party to the Dispute and without any other interests relating to the Dispute, Taleo will agree to conduct arbitration proceedings in a major city in your state if travel to California would constitute an undue burden for you, and Taleo will advance any arbitration fees that exceed what you would have had to pay for court proceedings, provided that you shall refund such amounts if Taleo ultimately prevails in the arbitration.

Security. You are prohibited from violating or attempting to violate the security, stability, or normal functioning of the Knowledge Exchange or from accessing or attempting to access content not intended for your use.

Use of Robots Prohibited. You may not use any software tool designed to automatically emulate the actions of a human user (such tools are commonly referred to as "Robots") in conjunction with the Knowledge Exchange, or perform any probe, scan or test on the Knowledge Exchange.

Caution in Exchanges of Personal Information. Taleo assume no obligation to conduct or require criminal background checks with respect to any users of the Knowledge Exchange. Taleo disclaims all liability for users’ decisions to make personal data available to, or share personal data with, other users. As with any exchange of personal data, you should exercise caution.

Links to Other Sites. The Knowledge Exchange may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Taleo of the contents on such third-party web sites. Taleo is not responsible for the content of linked third-party sites and does not make any representations regarding the content of such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

Indemnification. You agree to defend, indemnify, and hold harmless Taleo (and its officers, directors, employees, affiliates, shareholders, advertisers and agents) from and against any third party claims, actions, allegations, or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) resulting from, or in connection with, your use of the Knowledge Exchange, any content posted by you, or breach of the Terms of Use by you. Taleo shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

Miscellaneous. If any provision of the Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of the Terms of Use, which shall remain in full force and effect. You agree that Taleo has a right to use your content for purposes of the Knowledge Exchange. In addition, you specifically agree that Taleo has no obligation to archive, backup, or maintain your content. All provisions of the Terms of Use shall survive termination except those granting access or use to the Knowledge Exchange. Upon termination of this agreement or your right to access the Knowledge Exchange, and you shall cease all use of and access to the Knowledge Exchange immediately. You may not assign or transfer your obligations under the Terms of Use. No waiver of any term of the Terms of Use shall be deemed a further or continuing waiver of such term or any other term. You agree to comply with the terms and conditions of Taleo’s collaboration software provider, Jive Software, as set forth in Jive's Acceptable Use Policy and you agree that Jive may enforce its rights thereunder. Except as expressly provided by Taleo in a particular "Legal Notice," or software license or material on particular web pages of the Knowledge Exchange, the Terms of Use constitute the entire agreement between you and Taleo with respect to the Knowledge Exchange.

Username: *
Password: *
Confirm Password: *
Email: *	Your company email address is required. No personal emails (e.g. Gmail, Hotmail).
First Name: *
Last Name: *

Taleo Product Family: *	Business Edition Enterprise Edition Vurv N/A

Talent Exchange User: *	Yes No	Enable Talent Exchange Access. Go to taleo.com/grid for more info on Talent Exchange.

Solution Exchange User: *	Yes No	Enable Solution Exchange Access. Go to taleo.com/grid for more info on Solution Exchange.

Company: *

Role: *

Title: *		Whatever appears on your business card will do nicely.

Company Size: *

User Type: *	Taleo Customer Taleo Employee Taleo Partner
Enter the code: *	This helps prevent automated registrations.
	TALEO KNOWLEDGE EXCHANGE WEBSITE PRIVACY STATEMENT AND TERMS OF USE I. PRIVACY STATEMENT This Privacy Statement is effective September 1, 2009 and only applies to the content accessible via the http:knowledgeexchange.taleo.com web site (the "Knowledge Exchange"), and does not apply to any other information or web site. Please review this Privacy Statement periodically as we (Taleo Corporation) may update it from time to time and notify you by posting a revised privacy statement on the Knowledge Exchange or otherwise. Each time you visit the Knowledge Exchange or provide us with information, you are, by doing so, accepting the terms and practices described in the Privacy Statement at that time. YOUR PERSONAL INFORMATION. In order to operate the Knowledge Exchange in an efficient and effective manner, we may collect personal information about you, including but not limited to contact information such as your first and last name, email address and phone number, and other information such as your employer and job title. To enable your use of the Knowledge Exchange, it is mandatory that the following elements of your personal information (“Mandatory Personal Data Elements”) be made available to other Knowledge Exchange users: Name Company Name Email Job Title & Role Company Size Taleo Products in Use Excluding the data elements listed above and any information you post to the Knowledge Exchange, we will use reasonable efforts to maintain the confidentiality of the personal information you share with us and we will not share such information with other users of the Knowledge Exchange. INFORMATION YOU POST. The Knowledge Exchange is a portal for the online exchange of product-related and industry best practice information. The Mandatory Personal Data Elements and any information you post to the Knowledge Exchange, including personal information about yourself or your photo, will be published and available for access, download and further processing by other users of the Knowledge Exchange. We do not promise any confidentiality or privacy restrictions with respect to the data you post to the Knowledge Exchange and YOU SHOULD HAVE NO EXPECTATION OF PRIVACY WITH RESPECT TO DATA YOU POST TO THE KNOWLEDGE EXCHANGE. Taleo has no control over the use by other Knowledge Exchange users of the data you share via the Knowledge Exchange and Taleo does not monitor any such use. Taleo disclaims all liability to you or your employer for the use, disclosure, or dissemination of information you have shared via the Knowledge Exchange. YOUR OBLIGATION WITH RESPECT TO TALEO-RELATED INFORMTATION POSTED TO THE KNOWLEDGE EXCHANGE. The Knowledge Exchange is accessible only to employees of Taleo customers and certain Taleo-approved partners. The Knowledge Exchange is not available to the general public. Content posted by Taleo to the Knowledge Exchange is intended solely for the internal business use of Taleo customers and partners to whom Taleo has issued Knowledge Exchange login credentials, and such content may constitute Taleo’s confidential, proprietary or trade secret information. You may not share your login credentials (including your Knowledge Exchange password) with any other person or company. You may not disclose content from the Knowledge Exchange (including screenshots) to any persons other than your co-workers and other Knowledge Exchange users. You may not, in any event, disclose content from the Knowledge Exchange (including screenshots) to any person or company that is a competitor of Taleo. MANDATORY DISCLOSURES OR TRANSFERS OF YOUR PERSONAL INFORMATION. Taleo may disclose specific user information to third parties who are not users of the Knowledge Exchange when we determine that such disclosure is necessary to comply with the law, to cooperate with or seek assistance from law enforcement or to protect the interests or safety of Taleo or other users of the Knowledge Exchange. In addition, your personal information may be passed on to a third party in the event of a transfer of ownership or assets or a bankruptcy of Taleo. WARNING ABOUT DISCLOSURES OF YOUR PERSONAL INFORMATION. Be careful about the information you post to the Knowledge Exchange. Users of the Knowledge Exchange should not have a need to request the following data from you and we recommend that you not post or exchange such data via the Knowledge Exchange: personal phone number; home address; social security number (or other government issue identification number); drivers license number; credit card information; bank account information; medical history or medical records; and credit history or credit information. WHERE AND BY WHOM YOUR PERSONAL DATA MAY BE ACCESSED AND PROCESSED. Your personally identifiable data will be processed, stored and accessed by Taleo employees who operate and maintain the Knowledge Exchange in various global jurisdictions, including the United States. Taleo may use third parties, including hosting co-location, hosting managed service providers and application providers, in various locations, including the United States, to operate the Knowledge Exchange and your personal data may be processed, stored and accessed by such third parties. By accessing the Knowledge Exchange, you consent to such hosting and processing of your data. II. TERMS OF USE These Terms of Use are effective September 1, 2009 and only apply to the http:knowledgeexchange.com web site (the "Knowledge Exchange"), and do not apply to any other information or web site. Please review these Terms of Use periodically as we (Taleo Corporation) may update them from time to time and notify you by posting revised Terms of Use on the Knowledge Exchange or otherwise. Each time you visit the Knowledge Exchange or provide us with information, you are, by doing so, accepting the Terms of Use in effect at that time. If you do not wish to accept these Terms of Use, do not click “I accept” or access the Knowledge Exchange. Unless you accept and comply with all of these Terms of Use you may not use the Knowledge Exchange and your access will violate various laws and legal rights (including, without limitation, contractual rights, copyrights and prohibitions of trespass). Use of the Knowledge Exchange by Taleo Competitors is Prohibited. If you are an employee, agent or contractor of a Taleo competitor (including an independent firm engaged by a Taleo competitor to gather competitive data), you may not access the Knowledge Exchange and you agree that any access to the Knowledge Exchange by you constitutes a breach of these Terms of Use and Taleo’s copyrights, and constitutes misappropriation of Taleo’s trade secrets and confidential information. Your Right to Use the Knowledge Exchange. Taleo grants you a limited, terminable, non-exclusive, non-transferable right, during the term of your employment with a Taleo customer, to access and use the Knowledge Exchange only to view, download and post content to the Knowledge Exchange related to the use of Taleo’s solutions and your own corporate talent management best practices (the “Approved Purpose”). You may not sell or assign your right to access and use the Knowledge Exchange or any content that you are provided access to via the Knowledge Exchange. You agree that you are solely responsible for all aspects (including accuracy, completeness and compliance with any applicable laws, rules or regulations) of any content that you elect to post or approve to be posted on the Knowledge Exchange. You agree that Taleo has no obligation to update, validate or monitor any content posted to the Knowledge Exchange by you or any other user of the Knowledge Exchange, and Taleo disclaims all liability to you or your employer resulting from any such content. Taleo reserves the right to suspend or terminate your right to access and use the Knowledge Exchange or to remove content posted to the Knowledge Exchange for any reason at any time, in its sole discretion. Prohibited Uses. You may not: post commercial or promotional content not related to the Approved Purpose to the Knowledge Exchange; send commercial or promotional emails not related to the Approved Purpose or high volume emails or spam emails to other Knowledge Exchange users; post content to the Knowledge Exchange that you are not licensed or authorized to post; post content to the Knowledge Exchange that is false, misleading, discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or upload to the Knowledge Exchange any virus, worm, Trojan horse or other malicious code. Intellectual Property Rights. The Knowledge Exchange and all right, title and interest in and to the Knowledge Exchange is the sole property of Taleo or its licensors, and is protected by U.S. copyright law and international treaties. Except for the limited licenses expressly granted to you in these Terms of Use, Taleo reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, or sell the Knowledge Exchange, or use it in any other way for public or commercial purpose. "Taleo," the “Knowledge Exchange,” the Taleo design logo and certain other names or logos are service marks or trademarks of Taleo, and all related product and service names, design marks and slogans are the service marks or trademarks of Taleo. In addition, the "look" and "feel" and functionality of the Knowledge Exchange (including color combinations, button shapes, layout, design and all other graphical elements) are protected by Taleo’s trademarks, service marks and copyrights and may also constitute trade secrets. All other product and service marks contained on the Knowledge Exchange are the trademarks of their respective owners. Allocation of Responsibility. The Knowledge Exchange is a portal for the online distribution and publication of content for the Approved Purpose and Taleo reserves the right, but assumes no obligation to screen or monitor communications between users, to screen, monitor, modify or remove any content posted to the Knowledge Exchange by users, or to monitor the use, actions taken or activities of users. Taleo shall have no liability or responsibility to users for performance or nonperformance of such activities and hereby disclaims all such potential liability. Taleo may take any action with respect to user submitted content that it deems necessary or appropriate, in its sole discretion. Taleo’s customers operate in many different global jurisdictions and in various industries. Taleo makes no representation that content posted by Taleo or any user to the Knowledge Exchange will be compliant with the laws, rules or regulations applicable in any jurisdiction or to any particular Knowledge Exchange user. Users should consult their own legal counsel before taking action based on any content posted to the Knowledge Exchange. Taleo does not and has no obligation to provide legal or compliance-related advice to any users. WARRANTY DISCLAIMERS. THE KNOWLEDGE EXCHANGE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TALEO, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. TALEO MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE KNOWLEDGE EXCHANGE. Without limitation on the foregoing: TALEO DOES NOT WARRANT THAT THE KNOWLEDGE EXCHANGE WILL OPERATE ERROR-FREE OR THAT THE KNOWLEDGE EXCHANGE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE KNOWLEDGE EXCHANGE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TALEO IS NOT RESPONSIBLE FOR THOSE COSTS. Taleo makes no representations or guarantees regarding the truthfulness, accuracy, completeness, legality, timeliness or reliability of any content posted by users on the Knowledge Exchange, or of any other form of communication engaged in by users. Such content may contain inaccuracies or other errors. You agree that any reliance on such content posted by users, or on any other form of communication with users, will be at your own risk. Taleo makes no representations or guarantees regarding the content of the Knowledge Exchange, including, but not limited to, broken links, inaccuracies or errors. DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE KNOWLEDGE EXCHANGE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE KNOWLEDGE EXCHANGE. IN NO EVENT SHALL TALEO (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY INDIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE KNOWLEDGE EXCHANGE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN CAUSES OF ACTION, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN TALEO’S MAXIMUM LIABILITY TO YOU OR YOUR EMPLOYER FOR ANY INDIRECT DAMAGES SHALL BE LIMITED TO U.S. $1,000.00 IN THE AGGREGATE. IN NO EVENT SHALL TALEO (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE TO YOU OR YOUR EMPLOYER FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF U.S. $1,000.00. Due to the nature of this Agreement, in addition to money damages, you agree that Taleo will be entitled to equitable relief upon a breach of this agreement by you without the requirement to post bond. California Law and Arbitration. Choice of Law: These Terms of Use and any disputes arising out of or relating to these Terms of Use (“Dispute(s)”) shall be governed by California law, excluding conflicts of law principles. Agreement to Arbitrate and Pay Attorneys’ Fees: Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in San Jose, California, USA in English, with a written decision stating, and legal reasoning issued by, the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that does not ultimately prevail in the arbitration. Exception from Arbitration Agreement: Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. Refundable Fee Advances for Consumers: If you are involved in a Dispute as an individual and not as an employee of a party to the Dispute and without any other interests relating to the Dispute, Taleo will agree to conduct arbitration proceedings in a major city in your state if travel to California would constitute an undue burden for you, and Taleo will advance any arbitration fees that exceed what you would have had to pay for court proceedings, provided that you shall refund such amounts if Taleo ultimately prevails in the arbitration. Security. You are prohibited from violating or attempting to violate the security, stability, or normal functioning of the Knowledge Exchange or from accessing or attempting to access content not intended for your use. Use of Robots Prohibited. You may not use any software tool designed to automatically emulate the actions of a human user (such tools are commonly referred to as "Robots") in conjunction with the Knowledge Exchange, or perform any probe, scan or test on the Knowledge Exchange. Caution in Exchanges of Personal Information. Taleo assume no obligation to conduct or require criminal background checks with respect to any users of the Knowledge Exchange. Taleo disclaims all liability for users’ decisions to make personal data available to, or share personal data with, other users. As with any exchange of personal data, you should exercise caution. Links to Other Sites. The Knowledge Exchange may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Taleo of the contents on such third-party web sites. Taleo is not responsible for the content of linked third-party sites and does not make any representations regarding the content of such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk. Indemnification. You agree to defend, indemnify, and hold harmless Taleo (and its officers, directors, employees, affiliates, shareholders, advertisers and agents) from and against any third party claims, actions, allegations, or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) resulting from, or in connection with, your use of the Knowledge Exchange, any content posted by you, or breach of the Terms of Use by you. Taleo shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding. Miscellaneous. If any provision of the Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of the Terms of Use, which shall remain in full force and effect. You agree that Taleo has a right to use your content for purposes of the Knowledge Exchange. In addition, you specifically agree that Taleo has no obligation to archive, backup, or maintain your content. All provisions of the Terms of Use shall survive termination except those granting access or use to the Knowledge Exchange. Upon termination of this agreement or your right to access the Knowledge Exchange, and you shall cease all use of and access to the Knowledge Exchange immediately. You may not assign or transfer your obligations under the Terms of Use. No waiver of any term of the Terms of Use shall be deemed a further or continuing waiver of such term or any other term. 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