Proctor Talent Services, LLC

Terms of Participation

​Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by Proctor Talent Services, LLC. (“Company”, “we”, or “us”) and you (“Client” or “You”) agree to the follow terms stated herein.

RESOURCE/SERVICE

Proctor Talent Services, LLC (herein referred to as “Proctor Talent Services, LLC” or “Company”) agrees to provide talent acquisition/recruitment training and toolkits (herein referred to as “Resource”) identified in online commerce shopping cart. As a condition of participating in the Resource, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

 

As part of the Resource, the Company shall provide the following to Client:

 

A Password Protected Resource Area: The Company shall maintain a Resource Area that will include video, audio and written lessons, templates, worksheets, checklists, slide decks and other training and support information. You shall have access to this Resource Area for as long as the Resource Area exists, however no less than 180 days. In the event that Company intends to close the Resource Area, it shall provide clients with a 30 day notice and the ability to download the resources contained in the Resource Area, which is what is referred to as “Lifetime Access” in our marketing materials.

Resource Creation Cohort Community: The Company shall create and maintain a closed community group for users of the Resource (the “Creation Cohort Community” or “3C”). The Creation Cohort Community shall be open for a period of two (2) weeks—sixteen (16) days total including Welcome and Wrap-up days. This is a community run group, meaning participants are encouraged to help each other. Pascale Hughes (herein referred to as “Consultant”) conducts two (2) question and answer (“Q&A) sessions inside the Creation Cohort Community each cohort. The Company reserves the right to discontinue these Q&A sessions at any time without any advanced notice.  You shall have access to the Creation Cohort Community for the duration of the cohort (16 days), after which the community space is closed until the next Creation Cohort. 

From time to time, the Company will offer bonuses to individuals who sign up for the Resource. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the Resource and vary depending on specific live and automated promotions throughout the year.

 

DISCLAIMER

The Company’s Website Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Resource.

Client understands Pascale Hughes and Proctor Talent Services, LLC, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this Resource. If the Parties wish to continue their relationship, they shall execute a separate agreement.

METHODS OF PAYMENT

You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

 

REFUND POLICY

Company wants you to be satisfied with your purchase, but also wants you to give your best effort to apply all of the strategies in the Resource. The Company provides a 30-day money-back guarantee for the Resource. That money-back guarantee is governed by the following terms.

In order to qualify for a refund you must submit proof that you did the work in the Creation Cohort and it did not work for you. In the event that you decide your purchase was not the right decision, within 30 days of purchase, contact Company support team at support@proctorts.com and confirm you’d like a refund by the 30th day at 11:59 EST. You must include your cohort/Resource work with your request for a refund. If you request a refund and do not include your cohort/Resource work by the 30th day, you will not be granted a refund.

 

The work that you need to submit with your request for a refund includes ALL of the following requirements:

  • Requirement 1:  Complete and attach at least five (5) sentences describing your Role Avatar.

  • Requirement 2: Complete and attach your completed Role Description and Position Summary.

  • Requirement 3: Complete and attach takeaways from at least one (1) Creation Cohort Q&A session, including at least two (2) Objections and Solutions/Insights to any objections that came up during the session.

  • Requirement 4: Attach screenshots of two (2) recruitment marketing social media posts (must show publish date) where you promote your open role.

  • Requirement 5: Define at least three (3) metrics you chose to track during recruitment and explain why these were important for your organization specifically.

  • Requirement 6: Explain why this Resource was not a good fit for you and your organization’s needs: What did you expect that you did not get once inside the Resource?

 

Company will NOT provide refunds for any request that comes more than 30 days following the date of purchase. After day 30, all payments are non-refundable and you are responsible for full payment of the fees for the Resource regardless of whether you complete the Resource.

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

 

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

 

All refunds are discretionary as determined by Proctor Talent Services, LLC. To further clarify, refunds will not be provided for requests made after the 30th day from your date of purchase.

 

If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: support@proctorts.com.

 

CONFIDENTIALITY

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Resource, you hereby agree to respect the privacy of other Resource participants and to respect the Company’s confidential information.

 

Specifically, you shall not share any information provided by other Resource participants outside of the bounds of the Resource unless you receive express written permission from such other participant to share the information. Similarly, the content of the Resource contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Resource with anyone other than the Company, it’s owners and employees, and other Resource participants.

 

NO TRANSFER OF INTELLECTUAL PROPERTY

All content included as part of the Resource, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Resource, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Resource are the trademarks of their respective owners.

 

Your participation in the Resource does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Resource, You agree to observe and abide by all copyright and other intellectual property protection.

 

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Resource content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Resource.

 

The Company content is not for resale. Your participation in the Resource does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. Company does not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

 

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Resource will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

 

INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Resource, which provides education and information. The information contained in the Resource, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

 

FORCE MAJEURE

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company 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, lock-outs, strikes or other labor disputes (whether or not relating to either party’s 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.

 

SEVERABILITY/WAIVER

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

MISCELLANEOUS

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Resource and/or any information contained in the Resource. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Resource.

The information, software, products, and service included or available through the Resource may include inaccuracies or typographical errors. Changes are periodically added to the information in the Resource. The Company and/or its suppliers may make improvements and/or changes in the Resource at any time.

 

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Resource for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

 

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Resource, with the delay or inability to use the Resource or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Resource, or otherwise arising out of the use of the Resource, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Resource or any portion of it, your sole and exclusive remedy is to discontinue using the Resource.

 

NON-DISPARAGEMENT

The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its Resources, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

 

ASSIGNMENT

Client may not assign this Agreement without express written consent of Company.

 

MODIFICATION

Company may modify terms of this agreement at any time. All modifications shall be posted on the Proctor Talent Services, LLC’s website and purchasers shall be notified.

TERMINATION

The Company reserves the right, in its sole discretion, to terminate your access to the Resource and the related services or any portion thereof at any time, if You become disruptive to the Company or other Resource participants, if You fail to follow the Resource guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Resource and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

 

RESOLUTION OF DISPUTES

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Resource. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Riverview, FL, USA.

RESULTS DISCLAIMER

Every effort has been made to accurately represent this product and its potential.

 

There is no guarantee that you will achieve hiring results using the techniques and ideas in the Resource materials. Examples in these materials are not to be interpreted as a promise or guarantee of hiring results. Hiring potential is entirely dependent on the person using the Resource product, ideas and techniques. 

Any claims made of actual results or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in the Resource materials depends on the time you devote to the Resource, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, Company cannot guarantee your results success, nor is Company responsible for any of your actions.

Materials in the Resource product and website may contain information that includes or is based upon forward-looking statements within the meaning of the Securities Litigation Reform Act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential results or performance.

Any and all forward looking statements here or on any of our sales material are intended to express our opinion of results potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to the Company’s or anybody else’s, in fact no guarantees are made that you will achieve any results from the Company’s ideas and techniques in Resource material.

MINIMUM GUARANTEES

Unless otherwise noted, all products come with a 30 day guarantee. If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact support@proctorts.com

 

Proctor Talent Services, LLC

Last Updated: July 12. 2020

www.proctorts.com