GetHired

Effective Date: 18 June, 2021

Welcome to GetHired.com. The following Terms of Services (“Terms”) are a binding legal

agreement between you (“you” or “You”) and GetHired, Inc. (“GetHired” or the “Company”)

regarding your use of the www.GetHired.com website and related services (collectively, the

“Service”). Visitors and users of the Service are referred to individually as “User” and

collectively as “Users”. The Service is comprised of a software platform to meet the workforce

management needs of employers, including the following specific functionalities:

a) Using the applicant tracking system, employers can streamline hiring practices by creating

job postings, running background checks, reviewing and screening hiring, screening for tax

credit eligibility (“ATS”).

b) Once an employee is hired, the employer may perform employment onboarding processes

using the platform, including entering new employee information into the database, generating

electronic new hire forms (e.g., W-4 form; I-9 form) for the employee to sign, and electronically

reporting new employees to government agencies (“Onboarding”).

c) After a new employee is onboarded, the employee may utilize the time and attendance

functionality. Employees may clock-in using the software, and employers may view those

employee time records electronically via the software platform (“Time and Attendance”).

d) Employers may also utilize the benefits administration functionality of the platform to offer

enrollment in employer sponsored and endorsed benefit programs, including voluntary benefit

programs offered by third party providers with which employers have agreements to allow

employee enrollment (“Benefits Administration”).

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY

REGISTERING FOR, ACCESSING, BROWSING, OR USING THE SERVICE, YOU

ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE,

EFFECTIVE AS OF THE DATE OF SUCH ACTION, TO BE BOUND BY THE

FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL

GUIDELINES AND FUTURE MODIFICATIONS. THIS AGREEMENT CONTAINS A

MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL

WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN

INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR

CLASS ACTIONS.

Users who violate these Terms may have their access and use of the Service suspended

or terminated, at GetHired’s sole discretion.

1. Eligibility, Account and Account Review.

a. Eligibility. The Service is not available to any persons under the age of 13 or to any Users

previously suspended or removed from the Service by GetHired. By registering for, or otherwise

using, the Service, you represent that (i) you are at least 13 years of age, (ii) you have not been

previously suspended or removed from the Service by GetHired, and (iii) if you are under the

age of 18 or the age of majority in your jurisdiction, you further represent that you are using the

Service under the supervision of a parent, legal guardian, or other responsible adult. If you are

using the Service on behalf of an entity, organization, or company, you represent and warrant

that you have the authority to bind such entity or organization to these Terms and you agree to

be bound by these Terms on behalf of such entity or organization. If you are agreeing to be

bound on behalf of an organization or other entity “you” as used herein means such

organization or entity and each end user thereof, including you as an individual.

b. Account. When you use the Service, you may be asked to provide a username and password

in order for us to establish an account for you on the Service (“Account”). You are solely

responsible for maintaining the confidentiality of your Account and password and for restricting

access to your computer, and you agree to accept responsibility for all activities that occur under

your Account and password. You agree that the information you provide to GetHired, whether

on registration or at any other time, will be true, accurate, current, and complete. You also agree

that you will ensure that this information is kept accurate and up-to-date at all times. You are

solely responsible for any and all activity that occurs within your Account while using the

Service, including, but not limited to, the content located in all electronic mail messages sent

through the Service from your Account. If you have reason to believe that your Account is no

longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account

ID, password, or any credit, debit or charge card number, if applicable), then you agree to

immediately notify GetHired. You may be liable for the losses incurred by GetHired or others

due to any unauthorized use of your Account.

c. Account Review. GetHired reserves the right to approve new Accounts registered with the

Service in order to verify eligibility. GetHired may, at any time and in its sole discretion,

suspend your Account for the purpose of investigating any suspected misconduct or violation

or breach of these Terms.

2. Electronic Signatures are Legal. The GetHired software platform through which the Service

is delivered utilizes a legally binding electronic solution for all signatures. We comply with the

requirements of the U.S. Electronic Signature in Global and National Commerce Act of 2000

(ESIGN) and the Uniform Electronic Transactions Act (UETA) regarding electronic signatures

and transmissions. By using this platform’s e-signatures, you agree that your electronic signature

is legally binding, and a) shall be valid as an indication of your intent to be bound to these Terms,

(b) shall be deemed your original signature and "written" or "in writing," (c) comprises an

admissible record as between you and GetHired and/or your employer equivalent to any other

original business records, (d) cannot be contested as an inadmissible record based on the best

evidence rule or as not satisfying the business records exception to the hearsay rule, and (e) shall

satisfy all requirements of an electronic signature under the E-Sign Act and any implementations

of UETA. An "electronic signature" includes, without limitation,

a manually-signed original signature that is then transmitted by electronic means and an

"electronically signed document" means a document transmitted by electronic means and

containing, or to which there is affixed, an electronic signature.”

3. Privacy Policy (Notice). Your privacy is important to GetHired. GetHired’s Privacy Policy

(Notice) is hereby incorporated into the Terms by reference. Please read the Privacy Policy

(Notice) carefully for information relating to GetHired’s collection, use and disclosure of your

Personal Information. GetHired may update its Privacy Policy (Notice) from time to time

without prior notice to you and such updated version shall become immediately effective upon

adoption and publication. You are advised to regularly check the Privacy Policy (Notice) to

ensure that you are aware of any updates, as your continued use of the Service constitutes

acknowledgement and acceptance of any revisions and updates.

Any communication or material you transmit to the Site by electronic mail or otherwise,

including any data, questions, comments, suggestions, or the like is, and will be treated as,

non-confidential and non-proprietary, except as required by law and our Privacy Policy

(Notice). Anything you transmit or post may be used by us or our affiliates for any purpose,

including but not limited to reproduction, disclosure, transmission, publication, broadcast

and posting. Furthermore, we are free to use, without limitation or restriction, any ideas,

concepts, know-how or techniques contained in any communication you send to or through

the Site for any purpose whatsoever, including but not limited to developing,

manufacturing and marketing Products and Services using such information.

4. Modification of the Terms. GetHired reserves the right, at our discretion, to change,

modify, add, or remove portions of the Terms at any time. Please check the Terms and any

guidelines periodically for changes. In the case of material changes to the Terms, GetHired will

use reasonable efforts to notify you of the change, such as through sending an email to any

address you may have used to register for an account, through a pop-up window, or other

similar mechanism. Except as stated elsewhere, such modified Terms will become effective

upon the earlier of (i) your continued use of the Service with actual knowledge of such

modified Terms, or (ii) 30 days from publication of such modified Terms on the Service. Your

use of the Service following the date that any such change becomes effective constitutes your

agreement to be bound by the modified Terms. If you do not agree to the modified Terms,

your sole and exclusive remedy is to terminate your account and you may no longer use the

Service. Disputes arising under these Terms will be resolved in accordance with the version of

the Terms that was in effect at the time the dispute arose.

5. Use of the ATS and Onboarding Service.

a. The Service. The ATS platform acts as, among other things, a venue for (i) employers to post

job opportunities and search for and evaluate job candidates,(ii) candidates to post resumes and

Profiles (as defined below) and search for and evaluate job opportunities, and (iii) employees to

fill out Onboarding Materials (as defined below) as part of their employment onboarding

process. GetHired does not screen or censor the listings, including Profiles offered or the

Onboarding Materials. GetHired is not involved in, or a party to, the actual transaction between

employers and candidates/employees. As a result, GetHired is not responsible for (i) User

Content (as defined below); (ii) the quality, safety or legality of the jobs or resumes posted; (iii)

the truth or accuracy of the listings, resumes, Job Postings (as defined below), Profiles, or the

Onboarding Materials; (iv) the ability of employers to offer job opportunities to candidates; or (v)

the ability of candidates to fill job openings. GetHired makes no representations about any jobs,

resumes, Profiles, User Content or Onboarding Materials available on or otherwise provided to

you through the Service. While GetHired reserves the right in its sole discretion to remove User

Content, Job Postings, resumes, Profiles, Onboarding Materials, or other material from the

Service from time to time, GetHired does not assume any obligation to do so and to the extent

permitted by law, disclaims any liability for failing to take any such action. The term “post” as

used herein shall mean information that you submit, publish or display on the Service.

b. Job Seekers. When you register with the Service, you will be asked to submit information to

your Account, such as specific experiences, skills, capabilities and other employment-related

information (“Profile”). The Profile requires standard fields to be completed and you may

include in these fields any telephone numbers, street addresses, email addresses or other means

of contacting you, other than your last name and URLs. In addition, if you use the GetHired

Onboarding feature, you will also be asked to submit certain Personal Information (as described

in our Privacy Policy (Notice)) that is required to complete your Onboarding Materials. Any

Profile information or Onboarding Materials that you submit or provide to GetHired must be

accurate and describe you, an individual person. You acknowledge and agree that you are solely

responsible for the form, content and accuracy of any resume, or material contained therein, and

any Onboarding Materials posted or submitted by you on or through the Service. You

understand and acknowledge that you have no ownership rights in your Account and that if you

cancel your Account, or your Account is terminated, all your Account information from

GetHired, including resumes, Profiles, Onboarding Materials, cover letters, saved jobs, and

questionnaires will be marked as deleted in, and may be deleted from, GetHired's databases and

will be removed from any public area of the Service. Information may continue to be available

for some period of time because of delays in propagating such deletion through GetHired’s web

servers. In addition, third parties may retain saved copies of your information. For example,

when you submit Onboarding Materials as part of the GetHired Onboarding feature, your

employer may retain copies of your Onboarding Materials in accordance with applicable law.

GetHired reserves the right to delete your Account and all of your information after a significant

duration of inactivity, in GetHired’s sole discretion.

c. Employers. Employers are solely responsible for their postings on the Service. GetHired is

not to be considered to be an employer with respect to your use of any aspect of the Service and

GetHired shall not be responsible for any employment decisions, for whatever reason, made by

any entity posting jobs on the Service. In addition, employers are solely responsible for any

Onboarding Materials that they upload to the Service, as well as any Onboarding Materials that

are submitted to them by their employees via the Service. If you are an employer, you represent

and warrant that you shall at all times and at your own expense: (i) strictly comply with all

applicable laws, rules, regulations and governmental orders, now or hereafter in effect, relating

to your use of the Service, including any aspect or feature thereof; (ii) pay all fees and other

charges required by such laws, rules, regulations and orders; and (iii) maintain in full force and

effect all licenses, permits, authorizations, registrations and qualifications from all applicable

governmental departments and agencies relating to your use of the Service, including any aspect

or feature thereof. You agree to indemnify and hold harmless GetHired or GetHired’s partners

(as identified in an applicable registration form you execute with such partner during the

registration process (“Registration Form”) and its affiliates and their directors, officers, and

employees from and against all claims, losses, damages, liabilities, taxes, fines, costs and

expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or

in connection with your use of the Service, including but not limited to any claim or action

brought by any governmental, state, or local agencies or arising from any failure by you to

comply with all applicable laws, rules and regulations. You understand and acknowledge that if

you cancel your employer Account, or your employer Account is terminated, all your account

information from GetHired, including saved resumes, prospective employee contacts,

Onboarding Materials, and email mailing lists, will be marked as deleted in, and may be deleted

from, GetHired's databases. Information may continue to be available for some period of time

because of delays in propagating such deletion through GetHired’s web servers. In order to

protect our other Users from commercial advertising or solicitation, GetHired reserves the right

to restrict the number of e- mails which an employer may send to Users to a number which

GetHired deems appropriate in its sole discretion.

6. Special Terms for Employers Regarding Use of Time and Attendance Platform.

a. No Employer/Employee or Joint Employer/Employee Relationship. You acknowledge and

agree that your use of any aspect of the Service does not create an employer/employee or joint

employer/employee relationship between you and GetHired or your employees and GetHired.

You acknowledge and agree that GetHired exercises no material control over the terms and

conditions or circumstances of your employees’ work. You acknowledge and agree that GetHired

makes no recommendations or determinations as to your employees’ employment status,

classifications, rates of pay, or hours worked, and you acknowledge and agree that any such

determinations shall be made based on your own knowledge and understanding of all applicable

laws, rules, regulations, and governmental orders.

b. No Warranty with Respect to Data or Platform. GetHired makes no warranties or

representations as to the accuracy, completeness, or legal compliance of any data entered into

its Time and Attendance platform by users, employers, employees, or anyone else with access

to the platform. GetHired does not and will not modify time card data and therefore is not

responsible for the accuracy of any time card data. The employer, in its capacity as the

administrator of the Account and/or its officers and managers, are responsible for the

accuracy of all time-card data. It is your responsibility to download all pay periods on a timely

basis so you have a record of the time cards.

c. Deletion of employees. GetHired does not and will not delete any of your employees and

therefore is not responsible for the loss of any time card data that occurs when an employee is

deleted. When an employee is deleted, they are put into a special inactive category but they

are not deleted permanently and the data will be retained. The deleted employee's time cards

are still available and can still be viewed in the time cards section. You do not have to restore

the employee to see previous time card data. Deleted employees will remain in the special

inactive category until you decide to restore them. You can restore the employee any time you

want to re- instate the employee with your company and their employee record will be

restored. If you restore the employee and then delete them again you may be charged for that

employee during the next billing cycle as if they are still in your employee list for that billing

cycle, so do not restore them unless you are re-instating them with your company. Deleted

employees need to be deleted for 20 days in order to not be billed for them. This prevents

anyone from deleting employees before the billing date and then re-instating them after the

billing was done so as to avoid paying for them if you are being billed on a per employee per

month basis.

d. Compliance with Laws. You acknowledge and agree that there are laws, rules, regulations,

and governmental orders with which you must comply in connection with your use of the

platform and your employment of employees. You further acknowledge and agree that GetHired

and its parent and affiliated companies, and each of their respective directors, officers,

employees, contractors, agents, and each of their respective third-party suppliers, licensors, and

partners, are not responsible for your compliance with laws, rules, regulations, and

governmental orders associated with your use of the Service and Time and Attendance platform

and your employment of employees. You represent and warrant that you shall at all times and

at your own expense: (i) strictly comply with all applicable laws, rules, regulations and

governmental orders, now or hereafter in effect, relating to your use of the platform, the Service

and Time and Attendance Platform, including any aspect or feature thereof, and to your

employment of employees; (ii) pay all fees and other charges required by such laws, rules,

regulations and orders; and (iii) maintain in full force and effect all licenses, permits,

authorizations, registrations and qualifications from all applicable governmental departments

and agencies relating to your use of the Service, including any aspect or feature thereof. You

acknowledge and agree that GetHired and its partners have no duty to inform you of any of your

legal or regulatory obligations in using the Service and that GetHired and GetHired’s partners

will never, in any way, provide solicited or unsolicited legal advice to you.

7. Special Terms regarding Personal Information

a. Compliance with Laws. You represent and warrant that you are in compliance with all

applicable laws relating to the privacy, security, collection, protection, storage, transfer, use,

disclosure, third-party sharing, processing, erasure, and destruction (collectively, “Processing”) of

Personal Information (including any applicable laws of jurisdictions where the Personal

Information was collected), and all regulations promulgated thereunder (collectively, “Privacy

Laws”). You further represent and warrant that you are in compliance, and have at all times

complied with, your internal policies and procedures, external policies and procedures, and third-

party agreements relating to the Processing of Personal Information, as well as providing all

required notices and obtaining all necessary consents for such Processing. You also represent and

warrant that you have provided reasonable and accurate notice of privacy and Personal

Information collection and use policies on your websites and under applicable Privacy Laws at all

times. You also represent and warrant that all Personal Information Processed by you has been

Processed in accordance with applicable Privacy Laws and applicable privacy notices, consents,

policies, and procedures.

b. Personal Information. You acknowledge and agree that “Personal Information” means

personal, personally identifiable, or sensitive data belonging to you, your employees, or your

representatives, including, without limitation, the following regarding any individual person: (i) a

first name or first initial and last name; (ii) a home or other physical address; (iii) an email

address; (iv) a telephone number; (v) five or more digits of any Social Security Number; (vi) a

payment card number; (vii) a bank account number; (viii) a driver’s license, military, state, or

other government identification number; (ix) location information, an Internet Protocol address, a

device identification number, an online or persistent identifier, such as a number held in a

“cookie”, “tag”, “beacon” or processor serial number; (x) geolocation information; (xi) tax

information; (xii) security code, access code, password for a financial or email account; (xiii)

password or security question and answer that would permit access to an online account; (xiv)

human resources information, such as benefits plan information, salary information, performance

history, time and attendance, payroll information, medical information, health information, and

similar information; (xv) any nonpublic personally identifiable financial or transactional

information; (xvi) employee ID number; (xvii) government passport number or alien registration

number; (xviii) biometric identifiers or biometric information; (xix) genetic information; (xx) any

other information that is identifiable to or identifies an individual, whether combined with any of

(i) through (xix) above; or (xxi) any other information subject to applicable Privacy Laws.

8. GetHired Content.

a. GetHired Content. GetHired authorizes you, subject to these Terms, to access and use the

Service and the GetHired Content (as defined below) and to download and print a single copy

of the content available on or from the Service solely for your personal, non-commercial use.

The contents of the Service, such as designs, text, graphics, images, video, information, logos,

button icons, software, audio files and other GetHired content (collectively, "GetHired

Content"), are intellectual property and protected under copyright, trademark and other laws.

Except for any User Content that is provided and owned by Users, all GetHired Content is the

property of GetHired or its licensors. The compilation (meaning the collection, arrangement

and assembly) of all content on the Service is the exclusive property of GetHired and is

protected by copyright, trademark, and other laws. Unauthorized use of the GetHired

Content may violate these laws and/or applicable communications regulations and statutes,

and is strictly prohibited. You must preserve all copyright, trademark, service mark and other

proprietary notices contained in the original GetHired Content on any authorized copy you

make of the GetHired Content.

b. Restrictions. Except as expressly authorized by GetHired, you agree not to sell, license,

distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create

derivative works from, or otherwise make unauthorized use of the GetHired Content. GetHired

reserves all rights not expressly granted in the Terms. You may not use any of the GetHired

Content on any other Website or in a networked computer environment (including, without

limitation, by uploading or republishing GetHired Content on any Internet, Intranet or Extranet

site or incorporating the GetHired Content in any other database or compilation for any

purpose). Unless explicitly stated herein, nothing in these Terms shall be construed as conferring

any license to intellectual property rights, whether by estoppel, implication or otherwise. This

license is revocable at any time without notice and with or without cause.

9. User Content.

a. User Content. You understand that all information, data, text, software, music, sound,

photographs, graphics, video, advertisements, resumes, Job Postings, messages or other

materials submitted, posted or displayed by You on or through the Service ("User Content") is

the sole responsibility of the person from which such User Content originated. GetHired claims

no ownership or control over any User Content. You or a third-party licensor, as appropriate,

retain all patent, trademark and copyright to any User Content you submit, post or display on or

through the Service and you are responsible for protecting those rights, as appropriate. GetHired

reserves the right to refuse to accept, post, display or transmit any User Content in its sole

discretion. GetHired may review and remove any User Content or any part thereof that, in its

sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive,

disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users

of the Service.

b. License. By submitting, posting or displaying User Content on or through the Service, you

grant GetHired a worldwide, non-exclusive, sub-licensable and royalty-free license to reproduce,

adapt, modify(solely to conform with GetHired’s guidelines and restriction applicable to such

User Content), distribute and publish such User Content any modifications thereof through the

Service or any other means GetHired deems appropriate and consistent with the intended

features of the Service in its sole discretion. In addition, by submitting, posting or displaying User

Content which is intended to be available to the general public, you grant GetHired a worldwide,

non-exclusive, sub-licensable and royalty-free license to reproduce, adapt, modify (solely to

conform with GetHired’s guidelines and restriction applicable to such User Content, including

without limitation the restrictions provided in Section 9 below), distribute and publish such User

Content for the purpose of promoting GetHired and its services. GetHired will discontinue this

licensed use within a commercially reasonable period after such User Content is removed from

the Service. If you post User Content in any public area of the Service, you also permit any User

and/or sub-licensee of GetHired to access, display, view, store, and reproduce such User Content

for personal or internal business use. Subject to the foregoing, the owner of such User Content

placed on the Service retains any and all rights that may exist in such User Content.

c. GetHired Onboarding. GetHired Onboarding is a Web-based feature that allows employees

to fill out paperwork online as part of their employment onboarding process, including federal

tax forms (such as the I-9 and W-4 form), state and local tax forms, company policy forms,

employer handbooks, direct deposit authorizations, benefit enrollment information and other

onboarding materials that your employer may require (the “Onboarding Materials”). If you use

the GetHired Onboarding feature, you acknowledge and understand that your Onboarding

Materials may be distributed to third parties, including your employer, in order to provide the

GetHired Onboarding service to you. You also acknowledge that such third parties may retain

copies of your Onboarding Materials in accordance with applicable law. When an employee

completes paperwork through GetHired Onboarding, he or she will submit the information

using an electronic signature tool. GetHired assumes no responsibility for the accuracy or the

verification of any of the information uploaded via the GetHired Onboarding feature, including

but not limited to the identity of any person, and GetHired will not be liable for any fraud,

deception, misrepresentation, error or omission with respect to any individual’s use of the

GetHired Onboarding feature.

10. Job Postings

a. Job Postings. GetHired permits employers to post to the Service employment opportunities

for which the employer seeks to have candidates apply (“Job Posting”).Job Postings must be

individual openings for traditional, W-2 or 1099 employees. Your Job Posting must contain

sufficient detail to convey clearly to job seekers the nature and requirements of the job

opportunity. GetHired may, but is under no obligation to, periodically review random Job

Postings in order to ensure compliance with these Terms. GetHired reserves the right to remove

any Job Posting or content from the Service in its sole discretion.

b. Prohibited Job Postings. You may not use the Service to:

(b.i) post jobs in a manner that does not comply with applicable local, national and

international laws, including but not limited to laws relating to labor and employment, equal

employment opportunity and employment eligibility requirements, data privacy, data access

and use, and intellectual property;

(b.ii) post jobs that require citizenship of any particular country or lawful permanent residence

in a country as a condition of employment, unless otherwise required in order to comply with

law, regulations, executive order, or federal, state or local government contract;

(b.iii) post jobs that include any screening requirement or criterion in connection with a job

posting where such requirement or criterion is not an actual and legal requirement of the posted

job;

(b.iv) post jobs or other advertisements or other content that contains links to any site

competitive with GetHired;

(b.v) sell promote or advertise products or services;

(b.vi) post any franchise, pyramid scheme, "club membership", distributorship, multi- level

marketing opportunity, or sales representative agency arrangement;

(b.vii) post any business opportunity that requires an up-front or periodic payment or

requires recruitment of other members, sub-distributors or sub-agents;

(b.viii) post any business opportunity that pays commission only unless the posting clearly

states that the available job pays commission only and clearly describes the product or service

that the job seeker would be selling;

(b.ix) promote any opportunity that does not represent bona fide employment, which is

generally indicated by the employer’s use of IRS forms W-2 or 1099;

(b.x)advertise sexual services or seek employees for jobs of a sexual nature;

(b.xi) request the use of human body parts or the donation of human parts, including, without

limitation, reproductive services such as egg donation and surrogacy;

(b.xii) endorse a particular political party, political agenda, political position or issue;

(b.xiii) promote a particular religion;

(b.xiv) post jobs located in countries subject to economic sanctions of the United States

Government;

(b.xv) except where allowed by applicable law, post jobs which require the applicant to provide

information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical

or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual

life (vii) the commission of criminal offences or proceedings or (vii) age.

c)Prohibited Content in Job Postings. A Job Posting may not contain:

(c.i) any hyperlinks, other than those specifically authorized by GetHired;

(c.ii) misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are

irrelevant to the job opportunity being presented, as determined in GetHired’s reasonable

discretion;

(c.iii) the names of colleges, cities, states, towns or countries that are unrelated to the posting;

(c.iv) more than one job or job description, more than one location, or more than one job

category, unless otherwise permitted by the Service;

(c.v) inaccurate, false, or misleading information;

(c.vi) material or links to material that exploits people in a sexual, violent or other manner,

or solicits Personal Information from anyone under 18.

11. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:

a. transmit, post, distribute, store or destroy material, including without limitation GetHired

Content, in violation of any applicable law or regulation, including but not limited to laws or

regulations governing the collection, processing, or transfer of Personal Information, or in

breach of GetHired’s Privacy Policy (Notice);

b. take any action that imposes an unreasonable or disproportionately large load on the

Service’s infrastructure;

c. use any device to navigate or search the Service other than the tools made available on the

Service, generally available third-party web browsers, or other tools approved by GetHired;

d. use any data mining, robots or similar data gathering or extraction methods;

e. violate or attempt to violate the security of the Service including attempting to probe, scan or

test the vulnerability of a system or network or to breach security or authentication measures

without proper authorization;

f. forge any TCP/IP packet header or any part of the header information in any e-mail or

newsgroup posting;

g. reverse engineer or decompile any parts of the Service;

h. aggregate, copy or duplicate in any manner any of the GetHired Content or information

available from the Service, including expired job postings, other than as permitted by these

Terms;

i. frame or link to any GetHired Content or information available from the Service, unless

permitted by

these Terms;

j. post any content or material that promotes or endorses false or misleading information

or illegal activities, or endorses or provides instructional information about illegal

activities or other activities prohibited by these Terms, such as making or buying illegal

weapons, violating someone's privacy, providing or creating computer viruses or pirating

media

k. post any resume or apply for any job on behalf of another party;

l. defer any contact from an employer to any agent, agency, or other third party;

m. share with a third party any login credentials to the Service;

n. access data not intended for you or logging into a server or account which you are not

authorized to access;

o. post or submit to the Service any incomplete, false or inaccurate biographical information or

information which is not your own;

p. post content that contains restricted or password-only access pages, or hidden pages or

images;

q. solicit passwords or personally identifiable information from other Users;

r. delete or alter any material posted by any other person or entity;

s. harass, incite harassment or advocate harassment of any group, company, or individual;

t. send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes

promoting and/or advertising products or services to any User, or contact any users that have

specifically requested not to be contacted by you;

u. attempt to interfere with service to any User, host or network, including, without limitation,

via means of submitting a virus to the Service, overloading, "flooding", "spamming",

"mailbombing" or "crashing";

v. promote or endorse an illegal or unauthorized copy of another person's copyrighted work,

such by as providing or making available pirated computer programs or links to them,

providing or making available information to circumvent manufacture-installed copy-protect

devices, or providing or making available pirated music or other media or links to pirated

music or other media files;

w. use the Service for any unlawful purpose or any illegal activity, or post or submit any

content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive,

vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or

likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to

any person or include any links to pornographic, indecent or sexually explicit material of any

kind, as determined in GetHired’s discretion.

x. Violations of system or network security may result in civil and/or criminal liability.

GetHired will investigate occurrences which may involve such violations and may involve,

and cooperate with, law enforcement authorities in prosecuting Users who are involved in

such violations.

12. Fees, Payments.

a. Fees. You agree to pay to GetHired or GetHired’s partners (as identified in an applicable

Registration Form all applicable fees for the Service, including, but not limited to, any fees for

subscriptions, fees for use of specific features of the Service (e.g., Job Postings) and other

charges levied by domestic or foreign governments (“Fees”). All fees are exclusive of

applicable taxes (e.g. sales, use,

or value-added tax), unless otherwise stated, and you are solely responsible for the payment of

any such taxes that may be imposed on your use of the Service.

b. Changes in Fees. GetHired may from time to time, and in its sole discretion, change,

increase, decrease or eliminate the Fees charged for the Service, or any part thereof. GetHired

may also institute new charges or fees, or charge a Fee for the Service or any part thereof where

a fee was not previously charged. Your continued use of the Service after the effective date of

any such change shall constitute your acceptance of such change.

c. Payment Processing Authorization. You hereby authorize GetHired or GetHired’s partners

(as identified in an applicable Registration Form) (either directly or through a third-party

payment processor) to charge all Fees to the credit card, PayPal account or other payment

processor (“Payment Account”) you provide during registration or in your Account. If you use

the Service on behalf of a company, by using a corporate credit card or billing instrument, you

affirm that you are authorized to use the corporate card or billing instrument for such purposes.

You agree to provide GetHired or GetHired’s partners (as identified in an applicable Registration

Form) updated information regarding your Payment Account upon GetHired’s or GetHired’s

partner’s request and any time the information earlier provided is no longer valid. If you choose

to pay by credit card, GetHired or GetHired’s partners (as identified in an applicable Registration

Form) may seek pre- authorization of your credit card account prior to a purchase to verify the

credit card is valid and/or has the necessary funds or credit available to cover your Fees.

These pre-authorizations will reduce your available balance by the authorization amount until it

is released or reconciled with the actual charge. Please contact your credit card issuer if you have

additional questions regarding when an authorization amount will be removed from your

statement. If you revoke authorization to charge your Payment Account, or if for any reason

your Payment Account does not pay GetHired, GetHired may suspend your access to certain

features of the Service.

d. No Refunds. Except as expressly provided in these Terms, all Fees relating to the Service

are final and nonrefundable. If you believe you have been incorrectly charged, you must notify

GetHired of such disputed charges within the time provided for in your Payment Account

agreement, or you waive your right to dispute those charges. Please contact GetHired customer

service through the website to request a review of your Account. GetHired may require you to

describe the dispute in writing. Any written communications concerning disputed amounts

owed must be sent to GetHired at the mailing address provided below in these Terms.

13. Digital Millennium Copyright Act. It is GetHired’s policy to respond to notices of alleged

more information, please go to GetHired’s DMCA Notification Guidelines. GetHired will

promptly terminate without notice your access to the Service if you are determined by GetHired

to be a “repeat infringer.” A repeat infringer is a User who has been notified by GetHired of

infringing activity violations more than twice and/or who has had a User Communication or

any other user-submitted content removed from the Service more than twice.

14. Third-Party Sites, Products and Services; Links. The Service may include links or

references to other web sites or services solely as a convenience to Users (“Reference Sites”).

GetHired does not endorse any such Reference Sites or the information, materials, products,

or services contained on or accessible through Reference Sites. In addition, your

correspondence or business dealings with, or participation in promotions of, advertisers

found on or through the Service are solely between you and such advertiser. ACCESS AND

USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS,

AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR

OWN RISK.

15. Provisions with Respect to Benefits Administration Functionality.

a. If your employer subscribes for the Benefit Administration Service, you will have access to

your own data and any other functions granted by your employer or the third-party benefits

broker that is serving as the administrator for the Account. As an individual user, you

understand and agree that your employer, broker and/or administrator will have access to the

same data that is visible to you.

b. You alone will bear the sole responsibility of evaluating the risks and merits associated with

any investment decision correlated to your benefits selections. Please seek the advice of licensed

and/or competent individuals before making any investment or financial planning decisions.

Do not rely solely on financial or retirement information that may be found on the platform.

c. You may be offered products and services of third-party vendors as part of the Service.

GetHired does not act as an agent or broker on behalf of any third parties. GetHired makes no

representations on behalf of third parties, nor is GetHired responsible for the content, statements,

actions, or omissions of such third parties. Inclusion of a third-party service as part of the Service

is not an endorsement of that third-party service. GetHired encourages you to review the terms

of service and other agreements of such third parties when visiting their sites or using their

services. In order to provide you with these services, your Personal Information may be collected

and supplied to such third parties, but the information provided will not exceed that which is

necessary for the third-party to provide the service, in accordance with the GetHired Privacy

Policy (Notice).

d. Any dealings you have with advertisers, partners, affiliates, or other third parties,

including the delivery of and the payment for goods and services, and any other terms,

conditions, warranties, or representations associated with such dealings or promotions, are

solely between you and such third party. GetHired shall not be responsible or liable for any

part of any such dealings.

16. Termination.

a. Termination by GetHired. You agree that GetHired, in its sole discretion, for any or no

reason, and without penalty, may terminate any Account you may have with GetHired or your

use of the Service and remove and discard all or any part of your Account, User profile, and any

User Communications, at any time. GetHired may also in its sole discretion, and at any time,

discontinue the Service or discontinue providing access to the Service, or any part thereof, with

or without notice. You agree that any termination of your access to the Service or any Account

you may have or portion thereof may be affected without prior notice, and you agree that

GetHired will not be liable to you or any third party for any such termination. Any suspected

fraudulent, abusive or illegal activity may be referred to appropriate law enforcement

authorities. These remedies are in addition to any other remedies GetHired may have at law or in

equity. As discussed herein, GetHired does not permit copyright infringing activities on the

Service, and will terminate access to the Service, and remove all User Communications and other

content submitted by any Users who are found to be repeat infringers.

b. Termination by You. Your only remedy with respect to any dissatisfaction with (i) the

Service, (ii) any term of these Terms of Service, (iii) any policy or practice of GetHired in

operating the Service, or (iv) any content or information transmitted through the Service, is to

terminate the Terms and your Account. You may terminate the Terms at any time by deleting

your login Account with the Service and discontinuing use of any and all parts of the Service.

c. Survival. Sections which by their terms are intended to survive the termination of the

Terms or your use of the Service shall survive in accordance with such terms.

17. Indemnification.

a. Indemnification and Duty to Defend. You agree to indemnify, hold harmless, and defend

GetHired, its parent and affiliated companies, and each of their respective directors, officers,

contractors, employees, agents, and each of their respective third-party suppliers, licensors, and

partners, (collectively the “Indemnified GetHired Parties” and individually a “Indemnified

GetHired Party”) against any and all employee, third-party or federal government, state, or local

agency claims, actions, awards, costs, damages, deficiencies, expenses (of whatever kind), fines,

interest, investigations, judgments, liabilities, penalties, and settlements, including professional

and legal fees and expenses, arising directly or indirectly from or in connection with (i) your use

or misuse of the Service, generally; (ii) your employees use of the Service and/or the platform; (iii)

your use of the Time and Attendance Platform and your employment of employees; (iv) any

violation by you of the Terms, (v) any breach of the representations, warranties, and covenants

made by you herein, (vi) your Processing of Personal Information, (vii) your providing Personal

Information to GetHired or the Service or (viii) any failure by you to comply with all applicable

laws, rules, regulations, and governmental orders associated with your use of the Service and the

platform.

b. Procedures. GetHired reserves the right, at your expense, to assume the exclusive defense and

control of any matter for which you are required to indemnify and defend the Indemnified

GetHired Parties, and you agree to cooperate with GetHired’s defense of these claims. GetHired

will use reasonable efforts to notify you of any such claim, action, or proceeding within a

reasonable time of becoming aware of it. GetHired’s failure to provide notice under this section

does not relieve you of any liability that you may have to GetHired.

c. Miscellaneous You agree that your duty to defend applies immediately, regardless of whether

the Indemnified GetHired Parties have paid any sums or incurred any detriment arising out of or

relating, directly or indirectly, to any third-party claim. You agree that there is no maximum

individual or aggregate claim liability associated with this provision.

18. Disclaimers; No Warranties.

a. No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE

LAW, GETHIRED, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS

DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT

NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO

ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM

GETHIRED OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT

EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT, AS USED IN THIS

SECTION 17, THE TERM GETHIRED INCLUDES GETHIRED’S OFFICERS, DIRECTORS,

EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

b. “As is” and “As available” and “With All Faults”. YOU EXPRESSLY AGREE THAT USE

OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY DATA,

INFORMATION, THIRD- PARTY SOFTWARE, USER COMMUNICATIONS, REFERENCE

SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR

THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND

“WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF

ANY KIND EITHER EXPRESS OR IMPLIED.

c. Content. GETHIRED, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO

NOT WARRANT THAT THE DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER

INFORMATION OFFERED ON OR THROUGH THE SERVICE OR ANY REFERENCE SITES

WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL

COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE

CORRECTED. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NOT ALL EMAIL

MESSAGES AND MARKETING COMMUNICATIONS SENT THROUGH THE USE OF THE

SERVICE WILL BE RECEIVED BY THEIR INTENDED RECIPIENTS.

d. Accuracy. GETHIRED, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO

NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE

RESULTS OF THE USE OF THE SERVICE OR THE PLATFORM OR ANY REFERENCE SITES

IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, COMPLIANCE WITH THE LAW

OR OTHERWISE.

e. Harm to your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS,

DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA

THROUGH THE SERVICE OR ANY REFERENCE SITES AT YOUR OWN DISCRETION

AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO

YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT

RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

f. Disclaimer of Compliance. Benefits and human resources-related forms and materials

presented within the Service may be accompanied by explanatory commentary that is intended

to acquaint you with the legal and practical issues pertaining to the subject area of such forms

and materials, especially as such issues relate to the forms. Please be advised that all of the forms

and commentary presented within the Service are for general reference only. Federal, state or

local laws or individual circumstances may require amendment of the forms to meet specific

situations. Some government forms may be presented in altered size, font or format and may not,

therefore, meet federal or state requirements. All of the forms, checklists and commentary are

intended to be used only as guides and should not be adopted without the advice of competent

legal counsel. The Service is made available to with the understanding that we are not engaged

in rendering legal, accounting, or other professional service. If legal advice or other expert

assistance is required, the services of a competent professional should be sought. Furthermore,

laws and regulations will change over time and should be interpreted only in light of particular

circumstances.

19. Limitation of Liability and Damages.

a. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT

LIMITED TO, NEGLIGENCE, WILL GETHIRED OR ITS AFFILIATES, CONTRACTORS,

EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE

LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE,

RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION

DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL

DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR

ANY OTHER PECUNIARY OR NON- PECUNIARY LOSS OR DAMAGE OF ANY NATURE

WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT

FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE OR ANY REFERENCE

SITES, OR ANY OTHER INTERACTIONS WITH GETHIRED, EVEN IF GETHIRED OR A

GETHIRED AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE

LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL

DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN SUCH CASES, GETHIRED’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT

PERMITTED BY APPLICABLE LAW.

b. Limitation of Damages. IN NO EVENT WILL GETHIRED’S OR ITS AFFILIATES’,

CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’,

OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES

OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE

SERVICE OR YOUR INTERACTION WITH OTHER SERVICE USERS (WHETHER IN

CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE),

EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE

DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE

CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

c. Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO

DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR

PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN

GETHIRED AND RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED

THROUGH ANY REFERENCE SITES.

d. Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT GETHIRED HAS

OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THE

TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF

LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE

LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR

ALLOCATION OF RISK BETWEEN YOU AND GETHIRED, AND THAT THE WARRANTY

DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN

ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GETHIRED. GETHIRED

WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY

REASONABLE BASIS WITHOUT THESE LIMITATIONS.

e. Limitations by Applicable Law. SOME JURISDICTIONS DO NOT ALLOW THE

EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY

TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE

AND JURISDICTION TO JURISDICTION.

20. Dispute Resolution and Arbitration.

a. Dispute Resolution. In the interest of resolving disputes between you and GetHired in the

most expedient and cost-effective manner, you and GetHired agree that any and all disputes

arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more

informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury,

may allow for more limited discovery than in court, and can be subject to very limited review by

courts. Arbitrators can award the same damages and relief that a court can award. Our agreement

to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect

of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal

theory, and regardless of whether the claims arise during or after the termination of these Terms.

You understand and agree that, by entering into the Terms, you and GetHired are each waiving

the right to a trial by jury or to participate in a class action.

b. Exceptions. Notwithstanding subsection (a), we both agree that nothing herein shall be

deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action

in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local

agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file

suit in a court of law to address intellectual property infringement claims.

c. Arbitrator. Any arbitration between you and GetHired will be governed by the Commercial

Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related

Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as

modified by the Terms, and will be administered by the AAA. The AAA Rules and filing forms

are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting

GetHired.

d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the

dispute to the other, by certified mail or Federal Express (signature required), or in the event that

we do not have a physical address on file for you, by electronic mail (“Notice”). GetHired’s

address for Notice is: GetHired, Inc., 540 University Ave, Suite #50, Palo Alto, CA 94301. The

Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific

relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we

do not reach an agreement to do so within 30 days after the Notice is received, you or GetHired

may commence an arbitration proceeding. During the arbitration, the amount of any settlement

offer made by you or GetHired shall not be disclosed to the arbitrator until after the arbitrator

makes a final decision and award, if any; provided that if our dispute is finally resolved through

arbitration in your favor, GetHired shall pay you the greater of (i) the amount awarded by the

arbitrator, if any, and (ii) the greatest amount offered by GetHired in settlement of the dispute

prior to the arbitrator’s award.

e. Fees. In the event that you commence arbitration in accordance with the Terms, GetHired will

reimburse you for your payment of the filing fee, unless your claim is for greater than $5,000, in

which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings

will take place at a location to be agreed upon in Santa Clara County, California, provided that if

the claim is for $5,000 or less, you may choose whether the arbitration will be conducted solely on

the basis of documents submitted to the arbitrator, through a non-appearance based telephonic

hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that

either the substance of your claim or the relief sought in the Demand is frivolous or brought for an

improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure

11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to

reimburse GetHired for all monies previously disbursed by it that are otherwise your obligation to

pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the

arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and

conclusions on which the decision and award, if any, are based. The arbitrator may make rulings

and resolve disputes as to the payment and reimbursement of fees or expenses at any time during

the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling

on the merits.

f. No Class Actions. YOU AND GETHIRED AGREE THAT EACH MAY BRING CLAIMS

AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A

PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE

PROCEEDING. Further, unless both you and GetHired agree otherwise, the arbitrator may

not consolidate more than one person’s claims, and may not otherwise preside over any

form of a representative or class proceeding.

g. Modifications. In the event that GetHired makes any future change to this arbitration

provision (other than a change to the GetHired’s address for Notice), you may reject any such

change by sending us written notice within 30 days of the change to GetHired’s address for

Notice, in which case your account with GetHired shall be immediately terminated and this

arbitration provision, as in effect immediately prior to the amendments you reject shall

survive.

h. Enforceability. If any of this Section or the entirety of this Section is found to be

unenforceable, then the entirety of this Section shall be null and void and, in such case, the

parties agree that the exclusive jurisdiction and venue described in the “Miscellaneous”

Section, below, shall govern any action arising out of or related to the Terms.

21. Miscellaneous.

a. Governing Law and Jurisdiction. The Terms will be governed by and construed in

accordance with the laws of the State of California, without giving effect to any principles of

conflicts of law. You agree that any action at law or in equity arising out of or relating to the

Terms or Service will be filed only in the state or federal courts in and for Santa Clara County,

California, and you hereby consent and submit to the personal and exclusive jurisdiction of such

courts for the purposes of litigating any such action. Notwithstanding this, either party shall still

be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s

intellectual property rights in any court of competent jurisdiction where the other party resides

or has its principal place of business.

b. Improperly Filed Claims. All claims you bring against GetHired must be resolved in

accordance with this Agreement. All claims filed or brought contrary to this Agreement shall be

considered improperly filed. Should either party file a claim contrary to this Agreement, the

other party may recover attorneys' fees and costs up to one thousand U.S. Dollars ($1,000.00

USD), provided that such party seeking such fees has notified the other in writing of the

improperly filed claim, and the other has failed to promptly withdraw the claim.

c. Claims. YOU AND GETHIRED AGREE THAT ANY CAUSE OF ACTION ARISING

OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR

AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS

PERMANENTLY BARRED.

d. Notice. GetHired may provide you with notices, including those regarding changes to the

Terms, by email or by postings on the Service. Notice will be deemed given twenty-four hours

after email is sent, unless GetHired is notified that the email address is invalid. Alternatively, we

may give you legal notice by mail to a postal address, if provided by you through the Service. In

such case, notice will be deemed given three days after the date of mailing. Notice posted on the

Service is deemed given 30 days following the initial posting.

e. Waiver. The failure of GetHired to exercise or enforce any right or provision of the Terms

will not constitute a waiver of such right or provision. Any waiver of any provision of the

Terms will be effective only if in writing and signed by GetHired.

f. Severability. If any provision of the Terms or any Guidelines is held to be unlawful, void,

or for any reason unenforceable, then that provision will be limited or eliminated from the

Terms to the minimum extent necessary and will not affect the validity and enforceability of

any remaining provisions.

g. Assignment. The Terms, and any rights and licenses granted hereunder, may not be

transferred or assigned by you, but may be assigned by GetHired without restriction. Any

assignment attempted to be made in violation of the Terms shall be void.

h. Headings. The heading references herein are for convenience purposes only, do not

constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions

hereof.

i. Entire Agreement. The Terms, including without limitation the Privacy Policy (Notice),

constitute the entire agreement between you and GetHired relating to the subject matter herein

and may not be modified except in writing, signed by both parties, or by a change to the Terms

or Privacy Policy (Notice) made by GetHired as set forth in Section 3 above.

j. Disclosures. The provider of the Service is GetHired, Inc., 540 University Ave., Suite 50, Palo

Alto, CA 94301. We can be reached by email at compliance@gethired.com. If you are a California

resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the

Complaint Assistance Unit of the Division of Consumer Services of the California Department

of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112

Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.