1. Treeline, Inc. (“Treeline”) is an executive search firm, the primary aspect of which is to provide unique and proprietary employment recruitment and job placement tools and services to candidates (i.e. “Job Seekers”) and employers (i.e. “Hiring Managers”). Treeline offers and provides Job Seekers and Hiring Managers a suite of job search and placement tools and services subject to and in accordance with the Terms of Use and Privacy Policy set forth herein which govern your use of all Treeline Services and constitutes a binding agreement between you and Treeline.  You represent that you are of legal age to form a binding contract and further represent that you will use Treeline Services in a manner consistent with Treeline’s Terms of Use and Privacy Policy, and any and all applicable laws and regulations, whether state or federal.
  2. Treeline offers an electronic resume and Applicant Tracking System which affords and provides Treeline Recruiters with the ability to interview Job Seekers and create an electronic resume “Profile” to best promote their career history and background. You understand and acknowledge that “Profiles” may include confidential, personal and/or sensitive information. By creating a Profile with your Treeline Recruiter and using Treeline Services, you hereby authorize Treeline to copy, display, include, transmit, upload and/or use your photograph, resume and the information contained therein as part of your Treeline Profile. You also expressly authorize Treeline to link your LinkedIn account (via hyperlink or otherwise) to your Profile. With respect to your photograph, you represent and warrant to Treeline that you are the lawful owner of such photograph and/or that you have the express and full authority to copy, display, include, transmit, upload and/or use such photograph, and/or that you have the express and full authority to allow others, such as LinkedIn (and other professional services such as Treeline Services) to copy, display, include, transmit, upload and/or use such photograph. With respect to your LinkedIn profile, you represent and warrant that the information and representations contained in this profile are truthful and accurate to the best of your present knowledge and understanding, and that you have made a good faith effort to confirm and update the accuracy of this information.
  3. You agree to provide Treeline with truthful and accurate information with respect to your educational background, career and employment history and all other information which shall be included in your Profile. You further agree to defend, indemnify and hold Treeline harmless from any and all claims, demands, injuries and monetary and equitable damages and/or attorney’s fees that relate to or arise from any inaccurate, incomplete or misleading information which you provide to Treeline Recruiters for your Profile, as well as for the use and inclusion of  your LinkedIn photograph as part of your Treeline Profile. Treeline may review and remove content that it determines, in its sole discretion, violates this Privacy Policy or applicable laws, rules or regulations, and/or is abusive, disruptive, discriminatory or offensive. Treeline expressly reserves the right to delete any user account as a result of a violation of this Privacy Policy or any applicable law or regulation, and further reserves the right to prohibit subsequent use of the Treeline Services. Candidates have the ability to collaborate with their recruiter when creating the Profile and can edit or revise their electronic resume at their discretion at any time.  For Job Seekers, the Profiles are intended to augment, and in some instances, replace, traditional resumes. Accordingly, in order for the Treeline Recruiter to create Profiles, Job Seekers shall provide Treeline with publicly available and/or private information about each Job Seeker, potentially including but not limited to Job Seeker’s name, address, telephone number, email address, current employer, employment history, current job title, salary expectation information, quota history, sales experience and performance, and any appropriate sales characteristics which may best describe or support their experience and qualifications. The nature and amount of information which each Job Seeker shall  provide to Treeline depends upon the specific nature of his/her interaction with Treeline.  A Job Seeker has the discretion to refuse to provide additional information to Treeline, with the understanding that such a refusal may prevent or restrict Treeline from providing the full range of Treeline Services.
  4. Treeline shall not request confidential or privileged information which is not necessary to creating a Profile, and will never request a Social Security number. It is expressly understood and acknowledged that Treeline relies upon the representations and information provided by each Job Seeker which is contained in these Profiles, and is not liable or responsible in any way for any errors or misrepresentations made by or on behalf of Job Seekers with respect to the accuracy of this information, regardless of whether or not said errors or misrepresentations are unintentional and regardless of the extent to which any Hiring Manager may make decisions or otherwise rely upon this information.
  5. The contents of the Treeline Services, such as text, graphics, images, logos, button icons, software and other content are protected under both United States and foreign copyright, trademark and other laws. All such content is the property of Treeline or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all such content on the Treeline websites is the exclusive property of Treeline and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the content may violate these laws, and is strictly prohibited.
  6. When you accept Treeline’s Terms of Use and Privacy Policy and engage and/or contract with Treeline for employment placement services, you will be allowed to use Treeline Services for professional recruitment and placement services only. Treeline may, in its sole discretion, prohibit you from obtaining future access to Treeline Services and any and all Treeline websites. All decisions of Treeline in this regard are made in Treeline’s sole discretion and are final. Treeline also reserves the right, in its sole discretion, to refuse to publish or to remove content that it believes is in any way inappropriate, including but not limited to (1) content that is submitted for a purpose other than for facilitating direct hire, contingency-based and retained employment placement of sales professionals, (2) content that is implicitly or explicitly offensive, such as user content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual, (3) content that is unlawful, threatening, harassing, tortuous, vulgar, obscene, libelous or invasive of another’s privacy or content that contains links, including hidden or embedded links, to content that is unlawful, threatening, harassing, tortuous, vulgar, obscene, libelous or invasive of another’s privacy, (4) content that is inaccurate, unreliable, false or misleading, or content that while technically correct creates a false or misleading impression, (5) content that violates trademark and/or copyright laws, whether statutory or common law, of the United States or any of the several states, and (6) content that may be interpreted as advertising for a product or service. If Treeline becomes aware of content that may violate any term or provision of its Terms of Use or Privacy Policy, Treeline may, in its sole discretion, investigate the allegation and remove the content if appropriate.  Treeline has no obligation to undertake such investigation and has no liability to any users arising out of its performance or nonperformance of such investigation.
  7. You agree not to use, copy, forward, maintain, sell, trade, reproduce or transmit, electronically or otherwise, any content to which you have access through Treeline Services to any person or entity for any purpose whatsoever, commercial or otherwise, who is not a registered Treeline user. You are also prohibited from violating or attempting to violate the security of the Treeline Services, including but not limited to (i) accessing data not intended for you or logging into a server or account which you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iii) attempting to interfere with service to any other subscriber, host or network, including, without limitation, via means of submitting a virus to the site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing.” Violations of system or network security may result in civil and/or criminal liability. Violation of this provision will result in the immediate termination of your Treeline account, and Treeline may prohibit you from creating an account in the future. You further agree that you are solely liable for any injury or damage of any type whatsoever, whether sounding in contract, tort or other, to any person that arises out of or relates to any unauthorized or prohibited use (as defined herein) of Profile content.
  8. You agree to notify Treeline immediately when you become aware of any unauthorized use of your password. You agree to change your password if you become aware that a third party has discovered it.  Treeline reserves the right, in its sole discretion, to cancel and delete the account of any user who violates this provision.
  9. Job Seekers and Hiring Managers understand and agree that Treeline may disclose and/or display the information provided to Treeline to: (1) potential employers who have a Treeline account; (2) Treeline employees who require the information in order to perform their job functions or to provide Treeline Services; (3) law enforcement and other officials when necessary to investigate or prevent illegal activities, including fraud, or situations threatening the physical safety of any person, or as otherwise required by law; and (4) individuals as necessary to respond to legal process, including subpoenas and court orders, or as necessary to defend Treeline against legal claims or otherwise protect its property rights or the rights of third parties. Job Seekers and Hiring Managers also understand and agree that Treeline will use the information that any Job Seeker provides solely to deliver the products and services offered by Treeline, and to operate and improve services.  Treeline does not provide and/or sell Job Seeker and/or Hiring Manager information to third parties for advertising purposes. While Treeline shall endeavor to protect each Job Seeker’s personal information to the extent practicable, and shall undertake reasonable measures to protect against unauthorized use and access to this information, Job Seekers understand, acknowledge and agree that once their information is provided to Treeline and included in a Profile, such information shall be and become accessible and available to the public as part of the services provided by Treeline, and shall be subject to review, disclosure and dissemination as set forth herein. Treeline shall not be liable or responsible to Job Seekers for any information wrongly or unlawfully used, disclosed or disseminated by any Hiring Managers or other third parties who may have or obtain access to this information as part of their authorized use of Treeline’s services.
  10. From time-to-time Treeline may send newsletters and other types of communications to Job Seekers and/or Hiring Managers for the purpose of informing you of new features or to ask for your feedback. A Job Seeker may choose not to receive this type of communication by simply clicking on the “unsubscribe” link found at the bottom of the first Treeline email communication that each Job Seeker receives.  You will then be removed from our general mailing list.
  11. Treeline uses cookies for the protection and convenience of our users. Cookies enable Treeline to serve secure pages to its users without asking them to sign in repeatedly. If a user’s system is idle for a designated length of time, however, the cookie will expire, forcing the user to sign in again to continue their session. This prevents unauthorized access to the user’s information while they are away from their computer. Treeline may store non-personally identifying information about its Job Seekers, such as past Profiles viewed and job searches conducted by each Job Seeker on his/her computer in a cookie that it places on his/her computer. Treeline does this in order to present each Job Seeker with job recommendations based on each Job Seeker’s interests as expressed previously through his/her specific searches. Most Internet browsers enable each Job Seeker to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored.
  12. You agree to indemnify and hold Treeline and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any party that relates to or arises out of your breach or violation of Treeline’s Terms of Use and/or Privacy Policy, as well as any breach or violation with respect to your use of Treeline Services.
  13. Treeline makes no warranty that Treeline Services will meet your particular requirements or expectations, will be uninterrupted, secure or error-free. Unless otherwise provided in your terms of engagement, Treeline expressly does not guarantee results and expressly does not guarantee that any particular Job Seeker will find any particular position or that any particular Hiring Manager will find any particular Job Seeker or that any particular Job Seeker is qualified and/or will perform competently any job functions or duties.
  14. Treeline’s Terms of Use and Privacy Policy are a fully integrated agreement and govern every aspect of your use of Treeline Services. No prior or subsequent information, promises or representations of any kind will serve to modify the terms of Treeline’s Terms of Use or Privacy Policy unless consented to by you by continuing to use Treeline Services.  If any provision of Treeline’s Terms of Use and/or Privacy Policy are deemed unenforceable by any court of competent jurisdiction, as applicable, then the invalid provision shall be severed and the remaining provisions shall remain in full force and effect. Any dispute arising out of or relating to Treeline’s Terms of Use, Privacy Policy TOU and/or Treeline Services are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without reference to its choice of law provisions.
  15. Treeline may modify its Terms of Use and Privacy Policy from time to time and may do so with or without notifying you directly. By continuing to use Treeline Services, you agree to be bound by its Terms of Use and Privacy Policy that are in effect at the time of your use, and further agree to be bound by all changes and modifications of these Terms of Use and Privacy Policy at all times thereafter.  The current versions of Treeline’s Terms of Use and Privacy Policy are available at all times for review at www.treelineinc.com.
  16. Please direct any questions regarding this Privacy Policy to:

 

Treeline Incorporated
Daniel Fantasia
15 Lincoln Street, Suite 314
Wakefield, MA 01880
2680183.4