Terms and Conditions

Last Updated:

March 2, 2021

The following Terms and Conditions (hereinafter referred to as the “Terms”) between you (referred to as “you”, “your”, “Customer”, or “User”) and Telescope Talent LLC (referred to as “Telescope”, “we”, or “our”) describe the specifications on which you may register, access, or use this website, www.telescoperecruiting.com (the “Website”), including all information, tools, courses, programs and services available to you, conditioned upon your acceptance of all of the Terms, conditions, policies, and notices stated herein.

Telescope is a two-sided recruitment company for job seekers looking for positions in executive engineering, product, marketing, and creative roles; and employers looking for contingent recruitment services, embedded remote recruitment, employer brand email marketing, curated insights, and consulting services (together the “Service(s)”). By using our Website, you are engaging in our Services and agree to be bound by the following Terms.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. YOU SHOULD ALSO CAREFULLY REVIEW TELESCOPE’S PRIVACY POLICY BEFORE USING ANY SERVICES AVAILABLE THROUGH THIS WEBSITE.

YOU MAY NOT USE THIS WEBSITE’S SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS; OR (B) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENT, GOODS, OR SERVICES BY APPLICABLE LAW.

BY ACCESSING ANY PART OF THIS WEBSITE OR USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS IN THIS AGREEMENT, THEN YOU MAY NOT ACCESS THIS WEBSITE OR USE ANY SERVICES.

Any new features or tools which are added to this Website shall also be subject to the Terms outlined herein. You can review the most current version of the Terms at any time on this page. Telescope reserves the right to update, change, or replace any part of these Terms at any time by posting updates or changes to our Website at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, this Website following the posting of any changes to these Terms constitutes your acceptance of those changes.

1. Service Terms

By agreeing to these Terms or by using this Website, you represent that you are at least eighteen (18) years of age or older.

You may not use our Services for any illegal or unauthorized purpose, nor may you in the use of the Services, violate any laws, rules, or regulations in your jurisdiction (including, but not limited to, copyright or trademark laws). You also represent and warrant that you are using this Website for your own personal use only, and not for resale, export, re-use or any other similarly unauthorized use. A breach or violation of any of the Terms will result in an immediate termination of your access to the Website.

You agree that Telescope may, without any prior notice, immediately suspend, terminate, discontinue and/or limit your use of this Website and access to any of our Services at our sole discretion, for any reason, including but not limited to:

Any breach or violation of these Terms or any other incorporated agreement, regulation, or guideline;

By way of request from law enforcement or any other governmental agencies;

The discontinuance, alteration or material modification to our Services, or any part thereof;

Any engagement by you in any fraudulent or illegal activities; and/or

The non-payment of any associated fees that may be owed by you in connection with your account as a Customer. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third-party with regard to the termination of your account, associated email address, and/or access to our Website or any of our Services.

Telescope reserves the right to refuse Services to anyone, for any reason, at any time at our own discretion. Telescope also reserves the right, but does not have the obligation, to pre-screen, refuse and/or delete any content currently available through this Website. In addition, we reserve the right to remove and/or delete any such content that would violate these Terms or which would otherwise be considered offensive to Users.

You may choose to fill out a form on this Website if you wish to be contacted by Telescope for recruitment purposes. You will be required to input your information such as your name, address, email address (together your “Personal Information.”).

You will provide true, accurate, and current information if you fill out any forms available on this Website. Your engagement with these forms may be shared with others in accordance with our Privacy Policy and these Terms.

2. General Conditions of Use

By using our Services and accepting these Terms, you acknowledge and agree not to reproduce, export, publish, assign, duplicate, copy, sell, resell, lease, license or exploit the Services, materials, information, on this Website, or any portion thereof.

Telescope shall not be held responsible if information made available on this Website is not accurate, complete, or current. For clarity, you are relying on any information found on this Website at your own risk.

You consent to receiving communications from us, including but not limited to, emails, text messages, and/or calls regarding updates to this Website or Services, marketing, advertisement, and any other relevant information.

You acknowledge, understand, and agree that all information, text, data, photographs, messages, tags, or any other content, whether it is publicly or privately posted and/or transmitted, is your expressed sole responsibility. You agree not to make use of this Website or Services for the purpose of any harmful or deceitful conduct, including, but not limited to, the following:

Uploading, posting, transmitting or otherwise making available any content that shall be deemed, in our discretion, to be harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, libelous, or which is hateful, threatening, of otherwise objectionable to any group defined by race, religion, gender, national origin, or sexual orientation, including without limitation to expressions of bigotry, prejudice, racisms, hatred or profanity;

Causing harm to minors in any manner whatsoever; and/or

Impersonating any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity.

3. Fees and Payments

Telescope’s Services are available on either a flat-fee, hourly, or commission basis for permanent placements (together referred to as the “Fees”). All Fees are negotiated on a case-by-case basis and subject to Telescope’s discretion. Telescope accepts wire transfers, and/or personal or business checks (“Payment Method”).

If you do not pay the amounts owed when they are due, or your payment method continuously fails, Telescope may initiate collection procedures. You agree to pay our cost of collection, including, without limitation to, reasonable attorney’s fees.

4. Refunds and Disputes

Telescope only offers refunds in limited circumstances on commissioned permanent placement services for job seekers. If you're unhappy with your placement, please contact us within seven (7) days of leaving the position and we will do our best to rectify the situation.

Nothing in these Terms extends a binding obligation on Telescope to offer refunds. Should Telescope, in our sole discretion, decide to refund or credit you any amounts paid, that refund or credit shall constitute our entire, sole, and exclusive liability, and your sole and exclusive remedy, with respect to that Service.

If at any time, you have a dispute about any Service offered on this Website, please contact jessica@telescoperecruiting.com directly.

5. Intellectual Property & Proprietary Rights

Telescope owns, solely and exclusively, all right, title, and interest in and to this Website and Services, all content, software code, data, and materials thereon, the look, feel, design and organization of this Website, and the compilation of the content, code, data, and materials on this Website, including but not limited to any intellectual property or proprietary rights. Telescope reserves all rights in and to the Services not granted expressly in these Terms.

If you post, upload, or make available any, information, data, text, files, communications, or other materials regarding our Services and your use of the Services on any website, blog, article, or social media platform (“Your Content”), you hereby grant Telescope a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable (in whole or in part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content. You understand and agree that we may use the public content to develop aggregate ratings, personalize Website views, market products, or identify or feature popular members or Services.

6. Disclaimer of Warranties and Limitation of Liability

YOU REPRESENT THAT YOU ARE USING THIS WEBSITE AND/OR OUR SERVICES AT YOUR OWN RISK. ALL SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD-PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

IN NO EVENT SHALL TELESCOPE BE LIABLE TO YOU, THE CUSTOMER, OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR TELESCOPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT YOU PAID FOR THE SERVICES THROUGH OUR WEBSITE.

The limitation of liability set forth above shall: (a) only apply to the extent permitted by law; and (b) not apply to: (i) liability resulting from our gross negligence or willful misconduct, or (ii) death or bodily injury resulting from our acts or omissions.

7. Non-Disparagement

You agree not to make or communicate to any person or entity, in any media or public forum, including any social media network, any comments or statements (written or oral) that intentionally or unintentionally, or is reasonably certain to, disparage, create a negative impression of, or is detrimental to the reputation of Telescope or the Services associated therewith.

8. Dispute Resolution

If a controversy or claim should arise, the parties will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, the parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either party will not participate in mediation, then the controversy shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding rules or procedures governing or permitting class actions. The written decision of the arbitrator shall be binding and conclusive on the parties. The parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the parties. Judgment may be entered in any court having jurisdiction.

9. Notices

Telescope may provide any notice to you under these Terms by: (a) sending a message to an email address that you provide; or (b) by posting to this Website. Notices sent by email will be effective on the date the email is sent, and notices that are posted on this Website will be effective upon posting. It is your responsibility to keep your e-mail address current and review any new Notices on this Website.

To provide us Notice under these Terms, you must contact us by: email; personal delivery; overnight courier; or certified mail. Notice by email shall be effective on the date the email is sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one business day after it is sent. Notice provided by certified mail shall be effective three business days after it is sent.

Notice can be sent to the following address:

Telescope Talent LLC

240 Jackson Street

Brooklyn, NY 11211

10. Miscellaneous

Third-Party Content. This Website may contain links and references to other third-party service providers (“Third-Party Content”). Telescope is not responsible for any Third-Party Content or the actions of those that provide such content. Any information regarding a third-party found on our Website does not imply that Telescope endorses or accepts any responsibility or liability for the third-party, or vice versa.

Indemnification. By using this Website, you agree to indemnify, hold harmless, and defend Telescope (and its parent, subsidiary, associated and affiliated companies, including each of their respective officers, directors, agents and employees) from and against all damages, costs, reasonable attorney’s fees and expenses based upon, arising out of or in connection with any: (a) breach or alleged breach of any representation or warranty by Telescope or any third-party; (b) unauthorized use of your information; or (c) other actual or alleged unauthorized action by Telescope, including without limitation, a breach of any term of this Agreement. The obligation for indemnification shall survive termination of the Agreement.

Privacy Policy. Telescope respects your privacy and is committed to protecting it. To learn more, please visit our Privacy Policy available on our Website, which governs the processing of all personal data collected from you in connection with your use of our Website and Services. You acknowledge and consent to the collection and use of your personal information by Telescope for the purpose of using this Website.

Governing Law and Jurisdiction. This Website is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. The governing jurisdiction for any dispute shall be the State of New York.

Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Waiver. Failure by Telescope to enforce any right or provision of these Terms will not constitute as a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Telescope.

Force Majeure. Telescope will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Notice to California Users. Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Telescope arising out of or related to the use of this Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms and the Privacy Policy will be deemed the final and integrated agreement between you and Telescope on the matters contained herein. You acknowledge and agree that these Terms are binding and shall govern the relationship between you and Telescope in connection to the use of this Website and its Services defined herein.

If you have any questions, please feel free to contact Telescope directly through this Website or by email at jessica@telescoperecruiting.com.

Telescope Talent LLC

Telephone: 360-606-6770

Mailing Address: 240 Jackson Street, Brooklyn, NY, 11211