Terms of Service Agreement
These Terms of Service (“Terms of Service”) govern your access to and use of the Tati Talent Health websites and the Tati Talent Health mobile applications (collectively, the “Site”), as well as any services offered on or in connection with the Site, including without limitation, customer support services (collectively, the “Services”). This is a legally binding agreement between you and Tati Talent LLC (“we”, “us” or “Tati Talent”).
The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any business entities or other organizations that register accounts or otherwise access or use the Services through their respective representatives.
Tati Talent operates an online marketplace, accessed through the Site, that allows third-party clients (each, a “Client”) to post open shifts at facilities (each, a “Facility”), and allows independent contractor professionals (each, a “Professional”) to view and sign up to work such shifts if they so choose.
By signing up for a Tati Talent account or by otherwise using the Site or the Services (regardless of whether you register as a User of the Services), you are agreeing that you have read, understand, and agree to be bound by these Terms of Service.
If you agree to the Terms of Service on behalf of a business entity or other organization, you represent and warrant that you have the authority to bind that entity or organization to the Terms of Service and agree that you are binding both you and that entity or organization to the Terms of Service. In that event, “you” and “your” will refer and apply to both you and that entity or organization.
By using the Site or the Services, you also acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Tati Talent’s Privacy Policy, which is incorporated into these Terms of Service by reference. You also agree to abide by any additional Marketplace Terms or other requirements for Users that are published on the Site. Certain features of our Services may be subject to additional terms and conditions, which are incorporated herein by reference.
If you do not agree or are unable to agree to be bound by these Terms of Service, do not use the Site or the Services.
We may amend these Terms of Service at any time by posting the amended Terms of Service on the Site. When changes are made, we will make the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. If we make a material change to the Terms of Service, we will notify you by sending a notice to the email address registered to your account and/or by posting a notice on our Site. Your use of the Site or the Services after the effective date of any changes to these Terms of Service (“Effective Date”) will constitute acceptance by you of such changes.
1. Tati Talent Accounts
1.1 REGISTRATION AND ACCEPTANCE
By registering for an account to use the Services and Site (an “Account”), by using the Site or Services after the Effective Date if you had an Account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by these Terms of Service.
To access and use certain portions of the Site and the Services, you must register for an Account. Subject to the Site and Services Terms of Use, certain portions of the Site are available to you as a visitor to the Site (“Site Visitor”), including before your Account registration has been accepted. We reserve the right to decline a registration for a Tati Talent Account for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.
1.2 ACCOUNT ELIGIBILITY
Tati Talent offers the Site and Services for your business purposes only and not for personal, household, or consumer use. To register for an Account to use the Site and Services, you hereby represent that you: (a) will use the Site and Services for business purposes only; (b) are either a legal entity or an individual who is 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) in each case who can enter into legally binding agreements; (c) have not been previously suspended or removed from the Site or the Services, or engaged in any activity that could result in suspension or removal from the Site or the Services; and (d) have full power and authority to enter into these Terms of Service and in so doing will not violate any other agreement to which you are a party.
1.2 ACCOUNT PROFILE
To register for an Account, or add an Account type, to use the Site and Services, you must complete a User profile (“Profile”), which you consent to be shown to other Users. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, or the services your business provides and to correct any such information that is or becomes false or misleading.
1.2 IDENTITY AND ACCOUNT VERIFICATION
When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, your business, and your ability to act on behalf of your business on Tati Talent’s marketplace. You authorize Tati Talent, directly or through third parties, to make any inquiries Tati Talent deems necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes, but is not limited to, providing official government or legal documents. During verification some Account features may be temporarily limited. When a verification is successfully completed, Account features will be restored.
1.2 USERNAMES AND PASSWORDS
When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password. You agree not to share your username or password with any person, and, if you are a legal entity who is not a natural person, to only share your username and password with a person who is authorized to use your Account. You authorize Tati Talent to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if (a) you are not authorized to use both or (b) the use would violate the Terms of Service.
2. RELATIONSHIP BETWEEN TATI TALENT AND USERS
2.1 TATI TALENT’S ROLE AS A MARKETPLACE
Tati Talent merely makes the Site and Services available to enable Professionals and Clients to find and transact directly with each other. Tati Talent does not introduce Professionals to Clients or vice versa; select shifts or Clients for Professionals; or select Professionals for Clients. Through the Site and Services, Professionals have access to Clients that may be seeking the services they offer, and Clients have access to Professionals who may offer the services they seek. Users alone decide which shift, if any, to post or book on Tati Talent’s marketplace. In addition, Users alone are responsible for evaluating and determining the suitability of any shift, Client or Professional.
Tati Talent has no responsibility, whether relating to payment or otherwise, with respect to any shift that is not posted on the Site and confirmed by a Client.
2. RELATIONSHIP BETWEEN TATI TALENT AND USERS
2.1 TATI TALENT’S ROLE AS A MARKETPLACE
Tati Talent merely makes the Site and Services available to enable Professionals and Clients to find and transact directly with each other. Tati Talent does not introduce Professionals to Clients or vice versa; select shifts or Clients for Professionals; or select Professionals for Clients. Through the Site and Services, Professionals have access to Clients that may be seeking the services they offer, and Clients have access to Professionals who may offer the services they seek. Users alone decide which shift, if any, to post or book on Tati Talent’s marketplace. In addition, Users alone are responsible for evaluating and determining the suitability of any shift, Client or Professional.
2.2 USERS ARE INDEPENDENT FROM TATI TALENT
All Professionals shall be independent contractors of Tati Talent. No Professional will be an employee of Tati Talent. Nothing in these Terms of Service is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between Tati Talent and a User. Users, including, without limitation, Clients and Professionals, acknowledge they have no authority to bind Tati Talent or its affiliates and they shall not hold themselves out as an employee, agent or authorized representative of Tati Talent or any its affiliates.
Clients are solely responsible for and have complete discretion with regard to their use of and activities on Tati Talent's marketplace, including which, if any, shifts they post, and actions they take and decisions they make with respect to any Professionals with whom they connect for shifts. No actions or decisions of a Client shall in any way affect the relationship of Professionals with Tati Talent, which shall remain that of an independent contractor under all circumstances.
2.3 NO GUARANTEES BY TATI TALENT
Tati Talent does not make any representations about or guarantee the truth or accuracy of information contained in any User Profile or other User Content on the Site. You acknowledge, agree, and understand that Tati Talent does not, in any way, supervise, direct, control, or evaluate Professionals or their work, or Clients or their Facilities.
3. MARKETPLACE TERMS
To help ensure the successful operation of Tati Talent’s marketplace and the positive experience of Users, you agree to abide by the following Marketplace Terms. In the event that we believe or determine that your Account has violated any of our Marketplace Terms, we reserve the right to review, restrict, suspend, and or/permanently deactivate your Account at our sole discretion.
3.1 SAFETY AND SUPERVISION BY CLIENTS
(a) You acknowledge and agree that you will conduct yourself both on Tati Talent’s marketplace and during any shift booked using Tati Talent’s marketplace in accordance with all applicable laws, regulations, and professional standards, including relating to safety, such as, but not limited to, medication administration, documentation procedures, patient rights, Infection Prevention, Fire and Safety, OSHA, and EMR/Charting, where applicable.
(b) Professionals acknowledge and agree to follow Clients’ policies, procedures, and protection protocols. It is the sole responsibility of Clients to monitor and enforce all policies and procedures with Professional, both by including such information in Clients’ User Profiles on the Site and notifying Professionals of such information when they arrive and carry out their responsibilities at Clients’ Facilities. Tati Talent assumes no liability for any equipment or technology that Clients provide to Professionals, or for any policies, procedures, protection protocols, or enforcement measures of Clients.
(d) Clients’ appropriate personnel shall supervise Professionals, and Client will evaluate services provided by Professionals pursuant to Clients’ own policies, procedures, and standards. Users acknowledge and agree that Tati Talent does not and will not supervise, monitor, or evaluate Professionals in the performance of their duties and responsibilities at Facilities or otherwise.
(e)You agree to notify Tati Talent if you become aware of a safety concern or unlawful conduct during a shift posted or booked using Tati Talent’s marketplace. Any such notification to Tati Talent should be completed via Tati Talent’s Incident Report Questionnaire, accessible through the Site.
3.2 CANCELLATIONS
You agree to follow Tati Talent’s Attendance Score for Professionals’ Accounts (if you are a Professional) and Tati Talent’s cancellation terms relating to Client Accounts (if you are a Client). Tati Talent reserves the right to restrict, suspend, and/or deactivate a User’s Account that has canceled or failed to appear for one or more shifts that were posted or booked using Tati Talent’s marketplace.
3.3 “DO NOT RETURN” LIST (DNRs)
If at any time you decide that you do not wish to be matched on Tati Talent’s marketplace with any other Tati Talent User in the future, you may add that User to your “Do Not Return” (“DNR”) list in your Account. DNRs must be entered in accordance with the other Marketplace Terms provided in these Terms of Services. Tati Talent reserves the right to review, restrict, suspend, and/or permanently deactivate a User’s Account that has received one or more DNRs. More guidelines and information relating to DNRs are available here.
3.4 ACCOUNT REVIEWS
If a User’s Account engages in suspicious activity involving cancellations or activity otherwise negatively impacting the experience of other marketplace Users, Tati Talent reserves the right to place that Account under temporary review. During that temporary Account review period, the Account’s previously booked shifts will not be affected, but the Account may be prohibited from booking additional shifts.
3.5 OTHER MARKETPLACE TERMS RELATING TO USE OF THE SITE OR SERVICES
Without limiting other terms and prohibitions in these Terms of Service, by using the Site or the Services, you agree that:
(a) You will only use the Site or the Services for lawful purposes and in accordance with all applicable laws, including relating to copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights. You will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms or is intended to harm other Users or Tati Talent employees or agents.
(b) You will not use another User’s account or identity or impersonate any person or entity.
(c) You will not use the Site or Services to cause nuisance, annoyance or inconvenience.
(d) The information you provide to us when you register for an Account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
(e) You will keep secure and confidential your Account password or any other identification credentials we provide you that allow access to the Site or Services.
(f) You will not engage in threatening, harassing, racist, sexist, violent, hateful, unlawful, or any other behavior that Tati Talent deems inappropriate (as determined by Tati Talent in its sole discretion) when using the Site or Services.
(g) You will not abuse our promotional system, including by redeeming multiple offers or coupons at once or by opening multiple Accounts to benefit from offers or promotions available only to first-time users of the Site or Services.
(h) You will only access the Site or Services using means explicitly authorized by Tati Talent.
(i) You will not forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Site or Services.
(j) You will not use the Site or Services, or any content accessible through the Services, for any promotional purpose, including but not limited to contacting, advertising to, soliciting or selling to, any User, unless Tati Talent has given you prior permission to do so in writing.
(k) You will not copy or distribute the software used by Tati Talent, the Site, or the Services or any content displayed through the Site or Services for republication in any format or media.
(l) You will not compile, directly or indirectly, any content displayed through the Site or Services except for your personal, noncommercial use.
(m) You will use the Site and Services only for your own use and will not directly or indirectly resell, license or transfer the Software, Services or content displayed by the Site or Services to a third party.
(n) You will not use the Site or Services in any way that could damage, disable, overburden or impair any Tati Talent server, or the networks connected to any Tati Talent server.
(o) You will not attempt to gain unauthorized access to the Site or Services and/or to any Account, resource, computer system, and/or network connected to any Tati Talent server.
(p) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures Tati Talent may use to prevent or restrict access to the Site or Services or use of the Site or Services or the content therein.
(q) You will not deep-link to the Site or access the Site manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of the Site or any content on the Site.
(r) You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Site or Services.
(s)You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Site or the Services.
(t) Tati Talent may, in Tati Talent’s sole discretion, permit you from time to time to submit, upload, publish, transmit or otherwise make available to Tati Talent and/or other Users content and/or communications using the Site or Services (collectively, “User Content”). Any User Content provided by you remains your property. However, by providing User Content using the Site or Services, you grant Tati Talent a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Tati Talent’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
(u) You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Tati Talent the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Tati Talent’s use of the User Content as permitted herein will infringe, misappropriate or violate a third-party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(v) You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Tati Talent in its sole discretion, whether or not such material may be protected by law. Tati Talent may, but shall not be obligated to, review, monitor, and remove User Content, at Tati Talent’s sole discretion and at any time and for any reason, without notice to you.
(w) You agree to abide by any such other terms, restrictions, or prohibitions as Tati Talent may, in its sole discretion, from time to time publish and/or modify on the Site.
4. PAYMENT METHODS
In order to use certain of the Services, a User must provide account information for at least one valid payment method.
You hereby authorize Tati Talent to run credit card authorizations on all credit cards provided by you, to store credit card and banking or other financial details as your method of payment, and to charge your credit card (or any other payment method) for the fees and any other amounts owed under the Terms of Service. To the extent permitted by applicable law you acknowledge and agree that we may use certain third-party vendors and service providers to process payments and manage your payment method information.
By providing payment method information through the Site and authorizing payments with the payment method, you represent, warrant, and covenant that: (a) you are legally authorized to provide such information; (b) you are legally authorized to make payments using the payment method; (c) if you are an employee or agent of a company or person that owns the payment method, then you are authorized by the company or person to use the payment method to make payments on Tati Talent; and (d) such actions do not violate the terms and conditions applicable to your use of such payment method or applicable law.
When you authorize a payment using a payment method via the Site, you represent and warrant that there are sufficient funds or credit available to complete the payment using the designated payment method. To the extent that any amounts owed under these Terms of Service cannot be collected from your payment method, you are solely responsible for paying such amounts by other means.
Tati Talent is not liable to any User if Tati Talent does not complete a transaction as a result of any limit by applicable law or your financial institution, or if a financial institution fails to honor any credit or debit to or from an account associated with such payment method.
5. COMMUNICATING THROUGH THE SITE OR THE SERVICES
The provisions of this Section 5 apply to any interaction between Users via the Site or the Services. Users agree to use the communication services available on the Site to communicate with other Users regarding their engagement with each other, including rate negotiations, discussion of other terms, arrival details to the location, pre-work requirements prior to arrival, and coordination during shifts.
You are prohibited from using the communication services to post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, illegal, or any material that could constitute conduct that would be considered a criminal offense, could violate the rights of any party, or could otherwise violate any law or give rise to civil or criminal liability.
In all cases, we reserve the right, but are not obligated, to remove any content, message, or transmission you have made for any or no reason, including but not limited to, messages that, in our sole discretion, violate these Terms of Service. We also reserve the right to suspend or permanently deactivate your Account, if we determine, in our sole discretion, that you violate these Terms of Service.
6. WARRANTY DISCLAIMER
Except to the extent that you and Tati Talent have otherwise agreed in writing, you agree not to rely on the Site, the Services, any information on the Site, or the continuation of the Site. The Site and the Services are provided “as is” and on an “as available” basis. Tati Talent makes no representations or warranties with regard to the Site; the Services; work product; textual, audio, and/or visual content and information, and submission of entries for competitions and promotions; or any activities or items related to these Terms of Service. To the maximum extent permitted by applicable law, Tati Talent disclaims all express and implied conditions, representations, and warranties including, but not limited to, the warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement. Some jurisdictions may not allow for all of the foregoing limitations on warranties, so to that extent, some or all of the above limitations may not apply to you. Section 8 (Termination of Terms of Service) states your sole and exclusive remedy against Tati Talent with respect to any defects, non-conformances, or dissatisfaction.
6. WARRANTY DISCLAIMER
Except to the extent that you and Tati Talent have otherwise agreed in writing, Tati Talent is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:
- Your use of or your inability to use our Site or Services;
- Delays or disruptions in our Site or Services.
- Viruses or other malicious software obtained by accessing, or linking to, our Site or Services;
- Glitches, bugs, errors, or inaccuracies of any kind in our Site or Services;
- Damage to your hardware device from the use of the Site or Services;
- The content, actions, or inactions of third parties’ use of the Site or Services;
- Reviews, ratings, suspensions, deactivation, or other action taken with respect to your Account;
- Your reliance on the quality, accuracy, or reliability of posted shifts, User Profiles, ratings, recommendations, and feedback (including their content, order, and display), composite information, or metrics found on, used on, or made available through the Site; and
- Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.
- In addition, in no event will Tati Talent, our affiliates, our licensors, or our third-party service providers be liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including, but not limited to, litigation costs, installation and removal costs, or loss of data, production, profit, or business opportunities. These limitations will apply to any liability, arising from any cause of action whatsoever arising out of or in connection with these Terms of Service, whether in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such costs or damages and even if the limited remedies provided herein fail of their essential purpose. Some states and jurisdictions do not allow for all of the foregoing exclusions and limitations, so to that extent, some or all of these limitations and exclusions may not apply to you.
8. TERMINATION OF TERMS OF SERVICE
8.1 TERMINATION
Except to the extent that you and Tati Talent have otherwise agreed in writing, either of us may terminate these Terms of Service in our sole discretion, at any time, without explanation, upon written notice to the other, except as otherwise provided herein. In the event you properly terminate these Terms of Service, your right to use the Site and Services will be automatically revoked, and your Account will be permanently deactivated. You understand and acknowledge that termination of these Terms of Service (or attempt to terminate these Terms of Service) does not terminate or otherwise impact any obligation to pay outstanding fees. You will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the closure of any open invoice, whichever is later, to Tati Talent for any Services or such other amounts owed under the Terms of Service.
Without limiting Tati Talent’s other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke or limit access to the Site or Services, deny your registration, or permanently revoke your access to the Site and refuse to provide any or all Services to you if: (i) you breach the letter or spirit of any terms and conditions of these Terms of Service or any other provisions of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or Tati Talent or our affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit or illegal activity; or (iv) we are required to by law, legal process, or law enforcement. If your Account is deactivated, you may not use the Site under the same Account or a different Account or re-register under a new Account without Tati Talent’s prior written consent. If you attempt to use the Site under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available payment method to pay for any amounts owed by you to the extent permitted by applicable law.
You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of a User’s Account status to all Users, including both yourself and other Users.
8.2 SURVIVAL
After these Terms of Service terminate as to you, the provisions of these Terms of Service that expressly or by their nature contemplate performance after such termination will survive and continue in full force and effect. Without limiting any other provisions of these Terms of Service, the termination of these Terms of Service for any reason will not release you or Tati Talent from any obligations incurred prior to such termination or that thereafter may accrue in respect of any act or omission prior to such termination.
9. DISPUTES BETWEEN YOU AND TATI TALENT
The dispute resolution process that applies to you is described in the agreement with Tati Talent that you are required to accept upon creating your account to access Tati Talent’s marketplace.
10. GENERAL
10.1 ENTIRE AGREEMENT
These Terms of Service set forth the entire agreement and understanding between you and Tati Talent relating to the subject matter hereof and, except as provided below, cancel and supersede any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, with respect to such subject matter. However, nothing in these Terms of Service shall supersede, amend or modify the terms of any separate agreement(s) between you and Tati Talent relating to services performed or procured using Tati Talent’s marketplace, including, without limitation, any ICA or MAA.
The section headings in the Terms of Service are included for ease of reference only and have no binding effect. Even though Tati Talent drafted the Terms of Service, you represent that you had ample time to review and decide whether to agree to the Terms of Service. If an ambiguity or question of intent or interpretation of the Terms of Service arises, no presumption or burden of proof will arise favoring or disfavoring you or Tati Talent because of the authorship of any provision of the Terms of Service.
10.2 MODIFICATIONS; WAIVER
No modification or amendment to the Terms of Service will be binding upon Tati Talent unless it is agreed to in a written instrument signed by a duly authorized representative of Tati Talent or posted on the Site by Tati Talent. Email will not constitute a written instrument as contemplated by this Section 10.2. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Service.
10.3 ASSIGNABILITY
You may not assign the Terms of Service, or any of its rights or obligations hereunder, without Tati Talent’s prior written consent in the form of a written instrument signed by a duly authorized representative of Tati Talent. Tati Talent may freely assign these Terms of Service without your consent. Any attempted assignment or transfer in violation of this Section 10.3 will be null and void.
Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
10.4 SEVERABILITY; INTERPRETATION
If and to the extent any provision of these Terms of Service is held to be illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective only as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
10.5 FORCE MAJEURE
The parties to these Terms of Service will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.
10.6 PREVAILING LANGUAGE AND LOCATION
The English language version of the Terms of Service will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any.
10.7 CONSENT TO USE ELECTRONIC RECORDS
In connection with the Site and Services Terms of Use, below, you may be entitled to receive, or we may otherwise provide, certain records from Tati Talent or our affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Site and the Site Services, you give us permission to provide these records to you electronically instead of in paper form.