HireSphere Terms of Service

HireSphere, Inc. (“HireSphere”) provides the website HireSphere.com to you (“You” or “Your”) subject to these Terms and Conditions (“Terms”) and subject to HireSphere’s other policies, including our Privacy Policy and Cookie Policy, incorporated herein by reference. HireSphere may change these Terms at any time, including by adding new provisions or removing existing provisions, except as otherwise provided in these Terms. The most current version of these Terms can be accessed at https://www.HireSphere.net/terms-of-service. By continuing to access or use HireSphere.com, You accept any changes or revisions to the Terms.
You accept these Terms by accessing or using HireSphere.com in any manner, even if You do not create an Account with HireSphere.com. You represent and warrant that You are at least 18 years of age and of legal competence to enter into this agreement. You represent that You are an agent of an employer engaged in a bona fide effort to identify suitable candidates for W-2 or 1099 employment.
The Application, site, and services comprise an online platform through which Users may share and acquire information about Individuals who may be suitable candidates for employment. You understand and agree that HireSphere is not a party to any agreements entered into between Users and the Individuals whose information is featured on HireSphere. HireSphere has no control over the conduct of Users or Individuals and disclaims all liability in this regard.
References to “HireSphere,” “You,” and the “Parties” in these terms include (where appropriate) our respective subsidiaries, parent companies, members, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services provided by HireSphere. References to the “Application” refers to the HireSphere web portal, software application, and user experience.References to "Individuals" refers to the individuals about whom information is provided and shared by HireSphere. "Employer" means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment. “Recruiter” means anyone actively engaged in a bona fide effort to identify suitable candidates for W-2 or 1099 employment, including but not limited to inside recruiters, recruiting agencies, employment agencies, outside recruiters, hiring managers, permanent placement consultants, and staff augmentation consultants.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS DO NOT USE HIRESPHERE.COM

1. Accounts and Logins

a) You represent and warrant that all information You provide in connection with the creation of an account with HireSphere.com (“Account”) is accurate and true. You agree that, if any Account information changes, You will update Your Account to maintain accurate information.
b) You represent and warrant that all information about prospective employees that You upload to HireSphere.com (“Account”) is accurate and true to the best of your knowledge. You agree that, if You should learn that any information you have uploaded is inaccurate, You will update Your Account to maintain accurate information.
c) In connection with Your creation of an Account, You will create a Login and Password. You agree that You will not distribute Your Login or Password to any other person, and You will not authorize use of Your Account by any other person. You agree that You will not transfer, sub-license, sell, or assign Your rights in Your Account to any other person.
d) If You believe that a third-party has gained access to Your Account, You agree to notify HireSphere by sending an email to legal@HireSphere.com. HireSphere reserves the right to terminate Your Account at any time for any reason. If Your Account is terminated HireSphere has no obligation to retain any data associated with Your Account.
e) Any unauthorized use of Your Account by any third-party is subject to these Terms as though You were using the Account.
f) To cancel Your Account at any time for any reason, You may do so through the Account page at https://www.HireSphere.com/user/account.

2. License to Use HireSphere.com

a) License to Use by Users who are Employers. HireSphere hereby grants You a limited, terminable, non-exclusive right to access and use the Sites only for Your internal business use seeking candidates for employment. This authorizes You to view and download a single copy of the material on the Sites solely for Your use directly related to a bona fide search for recruiting job prospects. You may not sell, transfer or assign any of the Services or Your rights to any of the material provided by HireSphere to any third party without the express written authorization of HireSphere. You agree that You are solely responsible for the content of any document You upload to Hiresphere.com and any consequences arising from such posting. HireSphere reserves the right to suspend or terminate Your access and use at any time if HireSphere determines that You are in breach of these Terms and Conditions.
b) You may provide HireSphere with the names, addresses, telephone numbers, e-mail addresses, resumes and other personally identifiable information of Individuals sourced from your own files. You hereby grant HireSphere a non-exclusive license to use, copy, modify, store, transmit and display data about these Individuals to other Users to the extent reasonably required to provide and maintain services for HireSphere's use. You understand and agree that HireSphere may aggregate data that You upload and use it to improve HireSphere's services and to personalize Your user experience. You agree and understand that HireSphere may use information about Your use of the Application to improve Your user experience, including but not limited to the following: likes, views, uploads, and downloads.
c) Other than connecting to HireSphere.com by https request using a web browser, You may not attempt to access HireSphere’s servers or HireSphere.com by any means. In particular, You are prohibited from scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries to the HireSphere’s servers or HireSphere.com. You may not use HireSphere.com to compile data or images for use by any commercial entity.
d) You agree not to disrupt, modify or interfere with HireSphere.com, or its associated software, hardware, and servers in any way. You agree not to impede or interfere with others’ use of HireSphere.com. You further agree not to alter or tamper with any information or materials on or associated with HireSphere.com.
e) You agree that Your use of HireSphere.com shall comply with the requirements of the Fair Credit Reporting Act (FCRA) and all similar state and local laws. In particular, You agree to the following:
    i) that You have read and understood the standardized notices regarding the FCRA found here;
    ii) that You are an employer and/or an agent of an employer engaged in bona fide efforts to identify suitable candidates for employment with Your own business;
    iii) that as an employer seeking suitable candidates, you have a complete understanding of the obligations imposed on you by the FCRA and all other local, state, and federal laws;
    iv) that you will not disseminate any information You obtained through Hiresphere to any other third party;
    v) that You will notify HireSphere if any individual has informed You that information you have uploaded to HireSphere about them is incorrect;
    vi) that You will only upload information about a candidate that You reasonably believe to be accurate and truthful.
f) You may not use HireSphere.com or any information acquired from HireSphere.com:
    i) to engage in activities that would violate applicable local, state, national or international law, or any regulations having the force of law, including the laws, regulations, and ordinances of any jurisdiction from which You access HireSphere.com;
    ii) to make any phone call or send any email or text message that does not comply with the Telephone Consumer Protection Act or any other applicable federal or state law. You acknowledge that You are solely responsible for ensuring that telephone calls made or email or text messages sent using information obtained from HireSphere.com are in compliance with the Telephone Consumer Protection Act, or all other applicable federal or state laws;
    iii) in any manner that may violate any local, state, federal, or international privacy law to which You may be subject on the basis of Your location or the location of the person searched;
    iv) in any manner that discriminates against any individual or group of individuals based upon any characteristic that is a protected characteristic under any applicable local, state, or federal law.

3. Assignments

a) HireSphere may assign this agreement at any time without notice to You. You may not assign this agreement to anyone else, and any attempt to assign shall be void.

4. Information Available Through HireSphere.com

a) HireSphere aggregates information about Individuals who may be suitable candidates for employment. In particular, HireSphere collects, analyzes and shares the resumes of Individuals as well as other information about those Individuals that is pertinent to identifying that candidate as potentially being suitable for employment and ranking that candidate’s suitability relative to other candidates. This information may be made available to licensed users through the Application.
b) HireSphere does not verify particularized information that appears on candidates' resumes . HireSphere does not evaluate each piece of information that appears on a resume and makes no guarantees to Users about the accuracy, legitimacy, or legality of any information or how recently any information was collected or updated. As a User, You agree that there are no warranties or guarantees whatsoever regarding the information provided. Further, You agree to rely on the information available through HireSphere at Your own risk. You agree that any information about a candidate that You upload to HireSphere is accurate to the best of your knowledge.

5. Posting Rules

When You upload information about Individuals, including but not limited to candidates resumes, You are agreeing to the following:
    i) that You are authorized to share the information that you upload;
    ii) that You are uploading information as part of a bona fide effort to identify suitable candidates for employment with Your own business;
    iii) that the information you are uploading is a resume that belongs that a real, living Individual;
    iv) that to the best of Your knowledge, the information provided by the Individual in the resume is true and correct.

6. Privacy Policy

a) HireSphere maintains a Privacy Policy describing its collection, retention, and use of information about users of HireSphere.com. This policy can be accessed at https://www.HireSphere.net/privacy-policy, and is incorporated herein by reference.

7. Communications from HireSphere

a) Once You create a HireSphere account, You may, from time to time, receive marketing communications via email from HireSphere about features of the Application. You may elect to opt-out of these communications at any time by following the instructions and link provided within the e-mail communication.
b) Once You create a HireSphere account, You may receive transactional and relationship communications via email from Hiresphere. You consent and agree to receive these transactional and relationship communications when You create a HireSphere account.

8. Links to Other Websites

a) You may find links to other Internet sites or resources on HireSphere that offer content, goods, or services. You acknowledge and agree that HireSphere has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.

9. HireSphere’s Intellectual Property

a) HireSphere is the exclusive owner of trademark rights in the HIRESPHERE mark, copyright in the software used through HireSphere.com, and except as otherwise noted herein, copyright in the HireSphere.com screen displays, and all other rights in the HireSphere.com website and technology under U.S. and international intellectual property laws.
b) 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.
c) Except as expressly authorized by HireSphere, You agree not to use HireSphere’s trademark or any mark confusingly similar to the HIRESPHERE mark. You agree not to reproduce, distribute, display or create derivative works of any part of HireSphere.com or any information presented to You through HireSphere.com, in whole or in part. This prohibition includes unauthorized copying or distribution of any of the content displayed or used on HireSphere.com, framing content from HireSphere.com, or creating any unauthorized derivative work.
d) HireSphere uses third-party trademarks on HireSphere.com to identify the owners of those marks. Use of any third-party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and HireSphere.com.

10. Data Security

a) HireSphere will take and implement appropriate technical and organizational measures to protect User data against accidental or unlawful destruction or accidental loss or alteration, or unauthorized disclosure or access, or other unauthorized processing. HireSphere may update or modify the security measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Application. You agree that You are solely responsible for your use of the Services, including securing its account authentication credentials, and that HireSphere has no obligation to protect User data that You elect to store or transfer outside of HireSphere’s systems.
b) HireSphere will take appropriate steps to ensure compliance with the security measures by its employees, contractors and subprocessors to the extent applicable to their scope of performance.
c) If HireSphere becomes aware of a data breach, HireSphere will promptly notify You of the data breach, and take reasonable steps to minimize harm and secure User data. Notification(s) of any data breach(s) will be delivered to the email address provided by You upon account creation. You acknowledges that You are solely responsible for ensuring that the contact information set forth above is current and valid. You agree that “data breaches” do not include: (i) unsuccessful access attempts or similar events that do not compromise the security or privacy of User data, including pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems; or (ii) accidental loss or disclosure of User data caused by Your use of the Application or Your loss of account authentication credentials. HireSphere’s obligation to report or respond to a data breach under this section will not be construed as an acknowledgement by HireSphere of any fault or liability with respect to the data breach.

11. Submission of Confidential Information and Ideas; Submission of User Provided Content

a) From time to time users submit ideas to HireSphere for improving HireSphere.com either by email or in the course of a customer care interaction. HireSphere has no obligation to treat this material as confidential information. To the extent that You wish to have Your idea remain confidential, to retain rights in Your idea, or wish to be compensated for submission of Your idea, please do not submit it to HireSphere.
b) Portions of the content on HireSphere.com are submitted by You and other users ('User Provided Content'), to which You may contribute appropriate material. User Provided Content includes, but is not limited to, any information you upload to HireSphere.com or any HireSphere applications, any posts you make on HireSphere.com or any HireSphere applications, and any comments or suggestions you send to us. For User Provided Content, we are merely hosting and providing access as well as providing tools to post and share content, and we cannot accept any liability with regard to such material (including with respect to its accuracy). While we cannot preview or monitor the User Provided Content, HireSphere may delete any content that we believe to be in violation of this Agreement. We reserve the right, but do not have the obligation, to act expeditiously to remove or disable access to any User Provided Content that we believe violates this Agreement. We are also sensitive to the copyright and other intellectual property rights of others.
The decision to upload or share User Provided Content is Your responsibility and You should only submit or share User Provided Content that belongs to you (or where you have obtained all necessary permissions or consents) and that will not violate the rights of others. Be aware that copyright and other intellectual property rights will normally belong to the creator of the material in question and You should not reproduce or submit anything without permission of the owner. By submitting User Provided Content, You represent and warrant that You have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws). You agree that you will be liable to us and indemnify us for any loss or damage we suffer as a result of your breach of the foregoing warranties. Upon our request You agree to furnish HireSphere with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision.
By submitting User Provided Content, You grant HireSphere a perpetual, transferable, sublicenseable, worldwide, royalty-free, license to host, store, copy, publish, distribute, provide access to create derivative works of, and otherwise use User Provided Content submitted by You, to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. You hereby release HireSphere from any and all claims, liens, demands, actions or suits in connection with the User Provided Content You submit, including, without limitation, any and all liability for any use or nonuse of Your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. This license continues even if You stop using HireSphere.com. HireSphere may scan, image and/or create an index from the User Provided Content you submit. In this situation, you grant HireSphere a license to the User Provided Content as described above and HireSphere will own the digital version of documents created by HireSphere as well as any indexed information that HireSphere creates. Except for the rights granted in this Agreement, HireSphere acquires no title or ownership rights in or to any User Provided Content You submit and nothing in this Agreement conveys any ownership rights in such User Provided Content. The licenses granted continue for the maximum time permitted by applicable law, even if You stop using HireSphere.com.
You acknowledge and agree that HireSphere may preserve any User Provided Content and may disclose any User Provided Content (including its origin) if HireSphere believes that it is required to do so by law or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or safety of HireSphere.com, other users, or the public.

12. Intellectual Property Claims

a) If You believe that Your copyright has been infringed in any way by HireSphere.com, promptly provide notice to HireSphere of the following information:
    i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
    iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
    iv) Information reasonably sufficient to permit HireSphere to contact You, such as an address, telephone number and e-mail address;
    v) A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
    vi) A statement that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b) The Designated Agent for HireSphere.com is:
Mick Sellergren, General Counsel
Attn: Designated Agent
222 West Merchandise Mart
Plaza #1212
Chicago, IL 60654
c) If You believe that Your other intellectual property rights have been infringed in any way by HireSphere.com, please provide a detailed description of the alleged infringement for further investigation via e-mail to legal@HireSphere.com. HireSphere’s receiving, investigating, or responding to Your e-mail shall not constitute HireSphere’s agreement or verification of Your claim(s) nor any admission of liability therefor. HireSphere makes no commitment, covenant, promise, warranty, representation, or guarantee that it will receive, review, investigate, or respond to Your claim within any particular time.

13. Notification

a) Any notices to be given to HireSphere under these Terms shall be made in writing to legal@HireSphere.com or to the following address:
    HireSphere, Inc.
    Mick Sellergren, General Counsel
    Attn: Designated Agent
    222 West Merchandise Mart
    Plaza #1212
    Chicago, IL 60654
b) You agree that HireSphere can send You electronic notices to the e-mail address that You provided to HireSphere in creating Your Account or by displaying the notice on HireSphere.com. You agree that all notices, agreements, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.

14. Warranty

a) You use HireSphere.net at Your sole risk (including but not limited to any damage to Your computer system, loss of data, damage resulting from reliance on information from HireSphere.net, or other damages that result from obtaining any content from the website including computer viruses) even if HireSphere has been advised of or is aware of the risk of such damage. to the extent permitted by law, HireSphere provides HireSphere.net, the services, the information and the content “as is,” “as available,” and “with all faults,” without warranty of any kind, and HireSphere specifically disclaims all warranties and conditions, express or implied, including but not limited to the implied warranties and/or conditions of merchantibility, fitness for a particular purpose, or noninfringement.
b) no information or advice provided on HireSphere.net, by HireSphere, or by HireSphere’s employees or agents shall create any warranty.
c) HireSphere makes no warranty, representation, covenant, or guarantee whatsoever, express or implied:
    i) as to the value, quality, timeliness, usefulness, reliability, security, suitability, truthfulness, or completeness of HireSphere.net, the services, the information, or the content;
    ii) that HireSphere.net will operate uninterrupted or error-free;
    iii) that HireSphere.net, the services, the information, or the content will meet Your needs or expectations;
    iv) as to the quality or value of any of HireSphere’s products, services, content, information, or other material You purchase or obtain via the website; or
    v) that any errors on HireSphere.net will be corrected.

15. Limitation of Liability

a) To the extent permitted by law, HireSphere shall have no liability, relating to Your use of (or connection to) HireSphere.com, for:
    i) consequential, incidental, exemplary, special, or punitive damages even if advised of the possibility of such;
    ii) loss of business, profits, business information, or business interruption, or any other pecuniary loss; or
    iii) for direct damages, actually proven, exceeding $1,000.00 USD. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.
b) HireSphere reserves the right, at any time, in HireSphere’s sole and exclusive discretion, to amend, modify, suspend, or terminate HireSphere.com, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice. HireSphere shall have no liability to You or any other person or entity for any modification, suspension, or termination, or any loss of related information.

16. Indemnification

a) You agree to defend, indemnify, and hold HireSphere, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, Your violation of these Terms or Your use of HireSphere.com.
b) HireSphere reserves the right to assume exclusive control of its defense in any matter subject to Your indemnification, which shall not excuse Your obligation to indemnify HireSphere. You shall not settle any dispute subject to Your indemnification under these Terms without written consent from HireSphere.

17. Choice of Law and Venue

a) If You are a citizen or resident of the United States, the law of the state of Your residence governs this contract and any claim or dispute that You may have against us, without regard to that state’s conflict of laws rules, to the extent that such law is not preempted by federal law. If You are a citizen or resident of another country, the law of the State of Illinois shall apply.
b) The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
c) You agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Cook County, Illinois.

18. Agreement to Arbitrate

These Terms require that disputes between the Parties be resolved by binding arbitration rather than by jury trials or class actions and limit Your remedies in the event of a dispute. Please read this carefully. It affects Your rights.
a) Disputes Subject to Arbitration. HireSphere and You agree to arbitrate all disputes and claims between us, including, but not limited to:
    • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
    • claims that arose before this or any prior agreement between us (including, but not limited to, claims relating to advertising or disclosures); and
    • claims that may arise after the termination of this agreement.
Notwithstanding the foregoing, either party may bring an individual action in small claims court, provided that it seeks relief that does not affect other customers.
Any dispute as to the arbitrability of claims or the scope or enforceability of this arbitration provision, or as to the interpretation of paragraph (19)(e) below, is for the court to decide. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of the agreement between us.
(b) Starting the Dispute-Resolution Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to HireSphere should be addressed to: General Counsel, HireSphere, Inc., 222 W. Merchandise Mart Plaza #1212, Chicago, IL 60654 (“Notice Address”). The Notice must (a) provide Your mailing address, phone number, and account name (if any); (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). If HireSphere and you do not reach an agreement to resolve the claim within 45 days after the Notice is received, You or HireSphere may commence an arbitration proceeding with the American Arbitration Association (“AAA”).
(c) Costs of Arbitration. HireSphere will pay all AAA filing, administration, and arbitrator fees for any arbitration we initiate. The payment of those fees for any arbitration that You initiate will be governed by the AAA Rules. The filing fee currently is $125 for claims for up to $10,000 in damages, but is subject to change by the AAA. However, if you initiate an arbitration in accordance with the notice requirements of paragraph (18)(b) and are seeking relief valued at $300 or less (both to You and us), HireSphere will pay all AAA filing, administration, and arbitrator fees. If your claim is for greater than $300 but less than $10,000, HireSphere will pay all such fees in excess of $20. After HireSphere receives notice at the Notice Address that You have commenced such an arbitration, HireSphere will promptly reimburse you for any portion of the filing fee that you paid that HireSphere has agreed to pay.
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 AAA filing, administration, and arbitrator fees shall be governed by the AAA Rules, and You agree to reimburse us for any amounts we have paid on Your behalf to the AAA.
(d) Arbitration Procedures. The arbitrator shall be bound by the terms of this arbitration provision. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by this arbitration provision. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA shall administer the arbitration. If the AAA is unavailable, the arbitration will be administered by another arbitration provider that the parties agree to or that the court selects.
Unless HireSphere and You agree otherwise, any arbitration hearings will take place in Cook County, Illinois. If you bring a claim for $10,000 or less, we agree that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
Arbitrators may consider but shall not be bound by rulings in prior arbitrations involving different customers. Arbitrators shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law.
Unless the parties agree otherwise, You and we must bring all directly related claims in a single arbitration proceeding. If You or we later initiate a subsequent arbitration asserting claims that are directly related to ones that were raised in a prior arbitration between the same parties, the AAA or the arbitrator shall either (i) consolidate the subsequent arbitration with the earlier proceeding if it is ongoing or (ii) dismiss any claims raised in the subsequent arbitration that would be barred by applicable law if brought in court.
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 award is based. Although under some laws HireSphere may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, HireSphere agrees that it will not seek such an award unless You are represented by an attorney and the arbitrator has determined that Your claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).
(e) Prohibition of Class or Representative Actions and Non-Individualized Relief. YOU AND HIRESPHERE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both You and HireSphere agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. The arbitrator may award any relief that a court could award, so long as the relief is individualized to the claimant and would not affect other HireSphere users. Neither You nor we may seek non-individualized relief that would affect other HireSphere users. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(f) Future Changes to Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, we agree that if HireSphere makes any future change to this arbitration provision (other than a change to the Notice Address, website links, or telephone numbers listed in this provision), any such changes will not affect disputes that arose before the effective date of the change.

19. Entire Agreement

a) These Terms and any HireSphere policies posted on HireSphere.com constitute the entire contract between You and HireSphere and supersede all previous written or oral contracts. Except as provided in paragraph (16)(e), if any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce any term of the Terms shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.


Last Updated: July 31, 2017

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