Terms of Use

BEELINE TO WORK TALENT PLATFORM

Effective as of the date you accept these Talent User Terms and Conditions (“Terms”) by clicking the “I Agree” button indicating your electronic signature, these Terms govern the rights and obligations of You as an independent worker and Beeline.com, Inc. (“Beeline”) in connection with Your registration and use of the Beeline to Work Talent Platform (“Talent Platform”) and Your access to and performance of Opportunities presented to you through the Talent Platform.

What is the Talent Platform?

The Basics.  The Talent Platform is an online platform that permits Talent like You to find contract and contract-to-hire opportunities to perform professional on-site contract work (“Opportunities”) with clients of Beeline (“Clients”).  You may join the Talent Platform by signing up or accepting a Work Platform Invitation sent to You by Beeline or a Client and by accepting these Terms.

Rights in the Talent Platform.  The Talent Platform is a proprietary platform owned and operated by Beeline.  You acknowledge that Beeline has expended significant effort and resources to promote its trademarks and to create the Talent Platform, user interface, and network.  You further acknowledge that Beeline owns all right, title, and interest in its trademarks, the Talent Platform, user interface, and network, including without limitation all intellectual property rights and other proprietary rights.  You agree not to use the Talent Platform other than in strict compliance with these Terms.

Relationship with Beeline.  You acknowledge that You are not an employee of Beeline and that Your access to the Talent Platform does not make You an employee of either Beeline or any particular Client.

Eligibility to Use the Talent Platform.

Eligibility.  In order to register, access, or use the Talent Platform, you must be an adult over eighteen (18) years of age in good standing with Beeline.  By agreeing to these Terms, You acknowledge that You meet these eligibility requirements.  Being eligible for the Talent Platform does not mean that you are eligible for an Opportunity.  Clients may have additional eligibility requirements with respect to Opportunities.

Prohibited Actions.  In order to remain in good standing with Beeline, You must not engage in any of the following prohibited actions: (i) engage in any conduct that violates these Terms; (ii) attempt to circumvent the Talent Platform in any way, including by dealing outside of the Talent Platform with any Client introduced to You or Opportunities made available to You through the Talent Platform; (iii) provide false information, or information that Beeline is unable to verify or authenticate; or (iv) engage in any conduct that may cause financial loss or legal liability for Beeline, its Clients, or You.

Account Creation and Security.  You will be required to create an account and agree to keep any user identification, password, or other confidential information a secret.  You agree that you will not share a Talent Platform account or information with anyone else and will follow Beeline’s rules and the law.  As between You and others, Your account belongs to You.  You agree to (1) choose a strong and secure password, (2) keep Your password secure and confidential, and (3) not transfer any part of Your account.  You are responsible for any activity on or through Your account unless You promptly close it or report misuse.

Termination of Access.  Beeline may in its sole discretion suspend or terminate Your access to the Talent Platform at any time and for any reason or for no reason at all, including if You engage in any of the foregoing prohibited actions, and such termination shall not operate to limit any remedies available to Beeline.

Documents and Information You Provide to Beeline.

Information Collected.  You may provide information to Beeline during registration or in the course of Your use of the Talent Platform.  You are solely responsible for Your personal information and acknowledge that Beeline acts only as a conduit for the online distribution and publication of Your information.  These Terms incorporate the Talent Privacy Statement available at Beelinetowork.com which describes how we collect, use, share, and store Your personal information.  By agreeing to these Terms, You also agree to the terms of the Talent Privacy Statement, which may be modified from time to time.  You also specifically agree and hereby consent to Beeline’s use of Google Maps to calculate the distance between the address provided on your account profile and Opportunities based on distance parameters established by each Client.  For any questions regarding Beeline’s commitment to privacy, please refer to the Talent Privacy Statement or contact us at privacy@beeline.com.

Accuracy of Information Provided.  You agree to provide complete and accurate information about Yourself, including but not limited to Your name, work history, education, experience, and capabilities to perform an Opportunity.  Beeline may seek to verify any information You provide and its inability to do so may result in termination of Your rights to access the Talent Platform or to receive Opportunities.  You agree that Beeline shall not be liable for its inability to verify any information You provide.

Permission to Share Information.  By providing information to Beeline or submitting to background checks, drug testing, or other forms of verification You consent to Beeline sharing this information with Clients as appropriate to facilitate the purpose of the Talent Platform and these Terms.  To accomplish this purpose, You hereby grant Beeline a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise all rights You have in Your information in any media now known or not currently known.  Other than personal information as defined in the Talent Privacy Statement, all data derived or collected by Beeline from any user of the Talent Platform (including but not limited to statistical information, aggregated information, IP addresses, or other relevant data) shall belong to Beeline and its Clients, and You agree that Beeline and its Clients shall have the perpetual right to use such data as they determine in their sole discretion (even if You terminate Your account or cease use of the Talent Platform). You acknowledge that by using the Talent Platform You are sending data to Clients and their agents (such as managed services providers and vendor management systems) over which Beeline has no control.

Use of the Talent Platform.

Your Profile and the Matching Process.  You may set up Your profile to include information about Yourself, including but not limited to Your preferred payment model (“Payment Preference,” for example, Payrollee (W2) and Independent Contractor (1099)), Your role, Your skills, Your rates, Your availability as designated by a toggle switch on Your dashboard (the “Availability Filter”), and Your location.  Information entered on Your profile will be input in a mathematic equation that derives a match percentage with a Client’s Opportunity criteria (the “PowerMatch Algorithm”) for purposes of suggesting Talent to Clients in response to Opportunities.  A Client may also designate you as “Preferred Talent” to be included in that Client’s “Preferred Talent Pool” for purposes of a Client inviting Talent to respond to Opportunities or extending offers to perform the work specified in an Opportunity (“Offer”).  You agree that Beeline does not make hiring recommendations to Clients and is not responsible for Your inclusion or exclusion in a Client’s Preferred Talent Pool or in Client decisions based on Your ranking in the PowerMatch Algorithm or otherwise.  Beeline does not guarantee any visibility, employer interest, job offers, or Opportunities as a result of Your use of the Talent Platform.

Receiving Opportunities.  Clients may invite You and other Talent to respond to Opportunities issued through the Talent Platform.  Opportunities may specify: (i) the identity of the Client; (ii) a description of the work to be performed in relation to the Opportunity; (iii) the compensation associated with the Opportunity; (iv) the dates and times for the work described in the Opportunity to be performed; and (v) any “Flow-Through Provisions” a Client requires as a condition to accepting an Opportunity and performing the work specified in the Opportunity (including but not limited to entering into confidentiality agreements).  By responding to the Opportunity, You agree to all terms described in the Opportunity; if You do not agree with any terms described in the Opportunity You must decline the Opportunity.

Responding to Opportunities.  If You agree to all terms and are qualified to perform the work specified in an Opportunity, You may respond to it by applying to the opportunity invitation.  You may also communicate with Clients through the Talent Platform.  You acknowledge that You may be required to submit to a background test, drug test, interview, or other review process in order to be considered by a Client for an Opportunity.

Accepting Offers.  A Client may extend You an Offer, which You may accept or reject.  Clients make their own hiring decisions, and You agree that Beeline will not be liable for any such decision.  You represent, warrant, and agree that You will not accept any Offer unless You have the skills required to perform the work specified in the Opportunity related to such Offer.  Beeline shall not be required to provide You with training or instruction of any kind.  You further represent and warrant that You hold all business licenses required to complete any Offer that You accept, if applicable.  You represent that You are not prohibited by any other agreement or understanding from working for any Client for which You accept an Offer.  Beeline will not be liable for any decision or action You take with respect to or in reliance on an Opportunity or Offer.  After accepting an Offer through the Talent Platform, you will complete the hiring process (including any required contracts or other onboarding requirements) directly with the Client, and you agree that Beeline will not be liable for any claims with respect to this process (including but not limited to offers which are withdrawn or modified).

Performing Opportunities.

Payment. You must contract directly with an applicable Client or payroller to receive payment for services You perform.  Beeline does not provide payment for services and is not liable for any claims of non-payment.

Performance.  You acknowledge that Beeline has no continued involvement with respect to any Opportunities following Your acceptance of an Offer.  Beeline is not responsible for any events occurring after Your acceptance of an Offer or outside of the Talent Platform.

General Terms and Conditions.

No Warranty.  To the extent permitted by law, Beeline and its subsidiaries, employees, joint venture partners and suppliers make the Talent Platform available strictly on an “as is” basis and without any warranties or conditions, express, implied or statutory.  Beeline and its subsidiaries, employees, joint venture partners and suppliers specifically disclaim any implied warranties, including, without limitation, any implied warranties of title, merchantability, fitness for a particular purpose or non-infringement of intellectual property.  Beeline and its licensors do not warrant that the Talent Platform will (i) meet Your requirements; or (ii) operate uninterrupted, secure, or error-free.

Indemnification.  You accept responsibility for any breach of these Terms and agree to indemnify and hold harmless Beeline (and its affiliates, shareholders, directors, officers, employees, agents, successors, attorneys, and assigns) from and against any and all liabilities, losses, damages, claims or causes of action of any kind, and any related expenses (including reasonable attorneys’ fees), that are caused, directly or indirectly, by or as a result of Your performance or non-performance of an Opportunity or Your breach of these Terms.

Changes to the Talent Platform.  Beeline reserves the right to modify, suspend, or discontinue the Talent Platform at any time without notice to You, and Beeline will not be liable to You or to any third party should it exercise such rights.

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL BEELINE’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND ANY RELATED OPPORTUNITIES EXCEED $1,000.  IN NO EVENT WILL BEELINE BE LIABLE FOR PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, TORT OR ANALOGOUS DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PROFITS, LOSS OF BUSINESS OR LOSS OF GOODWILL, REGARDLESS FOR THE THEORY OF SUCH LIABILITY.  The foregoing limitations shall apply to the maximum extent permitted by law and shall survive indefinitely.

Third party Links and Content Disclaimer.  Links contained on the Talent Platform may cause You to leave the Talent Platform. Such linked web sites are not under the control of Beeline, and Beeline is not responsible for the content of any linked web site, information contained in a linked web site, or any changes or updates to such web site.  You agree to use materials and information in third-party web sites at Your own risk.

Class Action Waiver.  You agree to resolve any dispute with Beeline concerning these Terms or relating to the Talent Platform on an individual basis only, and not on a class, collective action, or representative basis.

Force Majeure.  In the event that the availability of the Talent Platform is delayed, prevented or otherwise made impracticable by reason of any acts of God, floods, earthquakes, or other natural catastrophes, national emergencies, strikes, lockouts or other labor difficulties, computer “hacking” attack or computer virus, any law, order, regulation or other action of any governing authority, or any other cause beyond Beeline’s reasonable control, Beeline shall be excused from any obligations it owes pursuant to these Terms for a reasonable amount of time following the cessation of the cause of the delay.

Compliance with Laws.  You agree to comply with all laws in connection with Your use of the Talent Platform and Your performance of any Opportunity.

Assignment; Successors and Assigns.  You may not assign or delegate Your rights or obligations under these Terms without the prior written consent of Beeline.  Further, Your Talent account and User ID may not be transferred or sold to another party.  Notwithstanding this provision, these Terms shall be binding upon each of the parties to these Terms and their respective successors and assigns, if any.  Beeline shall be permitted in its discretion to assign these Terms to any of its affiliates.

Severability.  If any provision of these Terms is held or determined to be invalid, unenforceable, or void, the remainder of these Terms shall remain in full force and effect.

Governing Law.  These Terms shall be governed and construed in accordance with the laws of the State of Florida without regard to its conflicts of law principles.  All disputes relating to these Terms, the Talent Platform, or the relationship of the parties shall be brought exclusively in the state and federal courts of Jacksonville, Duval County, Florida.

Changes to Terms.  Beeline reserves the right to change these Terms at any time.  You will be presented with an opportunity to review and accept the revised Terms upon Your next log-in to the Talent Platform.

Notices.  All legal notices to Beeline shall be given by certified mail (postage pre-paid and return receipt requested) to: Beeline.com, Inc., Attn: Legal Department, 12724 Gran Bay Parkway West, Suite 200, Jacksonville, Florida 32258.  Beeline may provide notice to You by emailing you such notice at the email address on Your profile.