Recruiting Plan

Terms of Use

Please read these terms of USE very carefully before accessing and using the Growth by Design Talent web site and/or Service. These terms of use (“Agreement”) govern you accessing and using Growth by Design Talent’s and its affiliate’s web sites located at https://www.recruitingplan.io and https://gbdtalent.com and any web application(s), including any updates, made available through such sites. This Agreement between you (“you”) and Growth by Design Talent, is subject to change by us as described below. By using the Site (as defined below), you (i) accept this Agreement; (ii) agree to be bound by these terms and conditions; and (iii) have entered into a binding agreement between you and Growth by Design Talent. If you are acting on behalf of a company or legal entity, you confirm that you have the requisite authority, power and right to bind that the company or other legal entity. In that case, “You” and “Your” will refer to that company or other legal entity. If you (or, if relevant, your company) do not agree to all of these terms (or if you do not have the right to bind your company), you are not permitted to access or use the Site, and you should not proceed further.

This web site and any web application(s), including any updates, (respectively the “Site” and the “Application(s)”) are owned and operated by Growth by Design Talent, Inc. (referred to as “Growth by Design Talent” herein). The Site and its content (“Content”), and the Growth by Design Talent’s planning platform and/or other services accessible through the Application(s) (collectively the “Services”) may only be accessed in accordance with this Agreement. Any violation of the copyright in the Application, Content or these terms and conditions may be enforced by Growth by Design Talent or the copyright owner to the fullest extent allowed by law.
You acknowledge and agree that Growth by Design Talent may stop (permanently or temporarily) providing the Application or the Services (or any features within the Services) to you or to users generally at Growth by Design Talent’s sole discretion, without prior notice to you. You may stop using the Application or the Services at any time. You do not need to specifically inform Growth by Design Talent when you stop using the Application or Services. You acknowledge and agree that if Growth by Design Talent disables access to your account, you may be prevented from accessing the Application, Services, your account details or any files or other materials which is contained in your account.
You agree not to access (or attempt to access) the Application or the Services by any means other than through the interface that is provided by Growth by Design Talent, unless you have been specifically allowed to do so in a separate agreement with Growth by Design Talent. You agree that you will not engage in any activity that interferes with or disrupts the Application or the Services (or the servers and networks which are connected to the Application or the Services). Unless you have been specifically permitted to do so in a separate agreement with Growth by Design Talent, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Application or the Services for any purpose. You agree that you are solely responsible for (and that Growth by Design Talent has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Growth by Design Talent may suffer) of any such breach.
You acknowledge that the mobile service provider for any mobile device on which you access or use the Site, any Application or Service may charge for internet access (including data usage) on that device.
You must register for an account to use all of the Application and the Services. Additional terms and conditions will be applicable when you register for an account.
Growth By Design Talent shall own all right, title, and interest in Site and its Content, the Applications and the Services, or any other Growth By Design Talent materials, subject to any limitations associated with intellectual property rights of third parties. Growth By Design Talent reserves all rights not specifically granted herein. You irrevocably acknowledge that, subject to the licenses granted herein, you have no ownership interest in the Site and its Content, the Applications and the Services, or any other Growth By Design Talent materials
While Growth by Design Talent uses reasonable efforts to include accurate and up-to-date information on the Site, Growth by Design Talent makes no warranties or representations as to its accuracy. Growth by Design Talent assumes no liability or responsibility for any errors or representations in the Content or this Site.
The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Growth by Design Talent is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
You are solely responsible for your conduct and any content that you submit, post, and display on the Site. You may not post materials or content that contains any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that Growth by Design Talent shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. You agree to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use. Growth by Design Talent has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.
At your discretion, you may provide feedback to Growth by Design Talent concerning the functionality and performance of the Applications and the Services from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to Growth by Design Talent. In the event ownership in the Feedback cannot be granted to Growth by Design Talent, you grant Growth by Design Talent at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that Growth by Design Talent may disclose that Feedback to any third party in any manner and you agree that Growth by Design Talent has the ability to sublicense all Feedback in any form to any third party without restriction.
Growth by Design Talent may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
You shall not transmit to Growth by Design Talent or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify Growth By Design Talent, or its Payment Processor, if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). If you fail to provide Growth By Design Talent, or its Payment Processor, any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize Growth By Design Talent, or its Payment Processor, to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer. You also authorize Growth By Design Talent or its Payment Processor, to update your Payment Method to include any credit or debit card or other payment method provided by you to purchase any feature or service throughout your use of the Applications or Services when automatically renewing your account.
Growth by Design Talent may retain and use, all aggregate and statistical information collected in your use of the Site, the Applications or the Services, provided such information does not individually identify you. Growth by Design Talent may collect, use and share your personal information in accordance with its Privacy Policy.
Growth by Design Talent does not knowingly collect any information from anyone who we know to be under the age of 13. If you are under the age of 18, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to Growth by Design Talent. If Growth by Design Talent discovers that a person under the age of 13 has provided Growth by Design Talent with any personal information, Growth by Design Talent will use commercially reasonable efforts to delete such person's personal information from all Growth by Design Talent systems.
By using this Site, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. If you do not agree to these terms of use, please do not use the Site.
The materials on this Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Growth by Design Talent’s proprietary rights in them.
THE APPLICATIONS, MATERIALS, CONTENT ON THIS SITE AND THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, GROWTH BY DESIGN TALENT SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR YOUR USE OF THE APPLICATIONS, OR ANY CONTENT OR MATERIALS POSTED ON THE SITE OR SERVICES. GROWTH BY DESIGN TALENT MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, GROWTH BY DESIGN TALENT DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE APPLICATIONS AND SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. GROWTH BY DESIGN TALENT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GROWTH BY DESIGN TALENT OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE APPLICATIONS, THE MATERIALS ON THIS SITE OR THE SERVICES, EVEN IF GROWTH BY DESIGN TALENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. GROWTH BY DESIGN TALENT’S AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF GROWTH BY DESIGN TALENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF THE APPLICATIONS, MATERIALS FROM THIS SITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You shall not assign or transfer this Agreement without the prior written consent of Growth by Design Talent. Any attempt to assign or transfer this Agreement by you shall be void.
The laws of the State of California, excluding its conflicts of law rules, govern this Agreement and your use of the Site. Notwithstanding the foregoing, the Arbitration Agreement in Section 30 shall be governed by the Federal Arbitration Act.
Growth by Design Talent shall not be liable to you for any delay or failure of Growth by Design Talent to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of Growth by Design Talent. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder.
This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms.
Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed, if need be, to apply to the maximum extent allowable under applicable law.
The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.
Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.
The section headings used herein are for convenience only and shall not be given any legal import.
Arbitration Agreement. Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be San Diego, California. The language to be used in the arbitral proceedings shall be English. The Parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the Parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. By using the Site in any manner, you agree to this arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Growth by Design Talent. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Licensed Application.

All claims arising out of or relating to this Agreement, to the Services, or to your relationship with Growth by Design Talent that, for whatever reason, are not submitted to arbitration will be litigated exclusively in the federal or state courts of San Diego County, San Diego, California, U.S.A. You and Growth by Design Talent consent to the exercise of personal jurisdiction of such courts in the State of California and waive any claim that such courts constitute an inconvenient forum.
The materials on this Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Growth by Design Talent’s proprietary rights in them.
This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto.