PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date: January 2, 2019
- You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your use of the Services in any way, including, without limitation, visiting or browsing the Site, registering for an Account (defined below), clicking on a link in an Invitation (defined below) or calling a telephone number we provide to initiate an automated telephone interview, means that you agree to all of these Terms and any other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated into these Terms by reference and each of which may be updated from time to time without notice to you. Certain of the Services may be subject to additional terms and conditions specified in such other operating rules, policies, and procedures; your use of those Services is subject to those additional terms and conditions.
- These Terms apply to all users of the Services, including, without limitation, employers or employment agencies (“Employers”) that use Talk Hiring to facilitate communications with select candidates for employment, individuals that choose to initiate an automated telephone interview on Talk Hiring’s platform (“Candidates”), and individuals or companies, entities, or organizations that choose to access Interview Reports or Interview Results by clicking on a link in an Interview Report (terms defined below) shared or made available by a Candidate (collectively, “Recipients”).
- If you are using the Services on behalf of a company, entity, or organization, then you represent and warrant that you are an authorized representative of that company, entity, or organization with the authority to bind such organization to these Terms, and agree to be bound by these Terms on behalf of such company, entity, or organization.
- To use the Services, you may be required to register for an account on the Services (an “Account”). To register an Account, you may be required to enter personal information such as your telephone number and email address (collectively, “Registration Information”). You promise to provide us with accurate, complete, and updated Registration Information about yourself and/or the company, entity, or organization you represent. You are solely responsible for the activity that occurs on your Account, and for keeping your Registration Information secure. You may not use Registration Information that you don’t have the right to use, or with the intent to impersonate another person. You may not transfer your Account to anyone else without our prior written permission. You shall have the ability to delete your Account, either directly or through a request made to one of our employees.
- You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If not, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of the Services in your name. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
- PLEASE NOTE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND TALK HIRING WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
What are the Services?
- Through the Services, Talk Hiring seeks to help job seekers improve their interview skills, and to enable employers and candidates for employment to facilitate a better interview experience. Upon registering an Account, Candidates will receive an SMS, MMS and/or other text message notifications (each a “Text Message”) or email inviting them to initiate and engage in an automated telephone interview that is conducted, recorded, transcribed and processed by Talk Hiring (each an “Automated Interview”) (such Text Messages or emails “Invitations”). Candidates may use the Services to access recordings and transcriptions of their responses to Automated Interviews (collectively, “Interview Records”) as well as results and scores generated by Talk Hiring based on their Interview Records (“Interview Results”). Upon the completion of each Automated Interview, Candidates will receive an automated email from Talk Hiring containing the resulting Interview Record and Interview Results, and/or a link to the Site where such Interview Record and Interview Results (such link a “Report Link,” and such email an “Interview Report”). Employers may use the Services to send, or to have Talk Hiring send on Customer’s behalf, Invitations to individuals that have made their telephone numbers and/or email addresses available to such employers. By clicking a link or calling a telephone number contained in such Invitations, these individuals may use the Services to initiate and engage in Automated Interviews , and Talk Hiring will share the resulting Interview Records and Interview Results with the Employer that sent the Invitation. Employers may be able to access and view Interview Records and Interview Results for Candidates to whom they have sent an Invitation, and Recipients may be able to access Interview Records and Interview Results for Candidates from whom they’ve received an Interview Report or Report Link.
- You acknowledge and agree that you are solely responsible (a) for your retention, use and disclosure of any Interview Reports or Report Links and any activity resulting from such retention, use and disclosure, including by Recipients, and (b) for keeping your email account, and your Interview Reports and Report Links, secure. You understand that anyone to whom you grant or allow access to an Interview Report or Report Link may share such Interview Report or Report Link with others, and that Talk Hiring cannot control who accesses your Interview Results and Interview Records as a result of such grant or allowance of access, and shall not be liable for any damages or loss you might suffer in connection with such grant or allowance of access.
- You acknowledge and agree that (a) Talk Hiring is not in the business of employment services, (including, without limitation, human resource management, talent management, recruiting, headhunting, or temporary staffing) and (b) the Services are not intended to, and your use of the Services does not, create an employer-applicant, employment agency-applicant, employment agency-employer, employer-employee or other similar relationship between you and Talk Hiring. Talk Hiring does not source or select individuals to receive Invitations or be interviewed or considered by employers, and has no involvement whatsoever in the hiring process of any employer or employment agency. Talk Hiring cannot and does not guarantee that you or any Candidate will be considered for or receive an offer for employment through use of the Services. Talk Hiring does not provide any advice or endorsement whatsoever relating to any employer, any provider of employment services, any job or job opportunity, or any Candidate.
- If you are using the Services in connection with an application for employment and require reasonable accommodation due to a disability, please contact your prospective employer directly.
What are the basics of using the Services?
- For purposes of these Terms, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips and sound recordings, written or spoken posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. Additionally for the purposes of these Terms, “Content” also includes all User Content and TH Content (each as defined below).
- Any and all Content that is communicated (orally or in writing), uploaded, submitted, distributed, or posted to or through the Services by users is “User Content” for the purposes of these Terms. User Content includes, without limitation, any phone numbers, email addresses, and any other information provided or made available to Talk Hiring by Employers for the purpose of sending an Invitation, as well as any statements made by Candidates during an Automated Interview.
- You acknowledge and agree that all User Content is the sole responsibility of the person who originated such User Content. You represent and warrant that all User Content, including without limitation any telephone numbers, has been obtained and is provided by you in compliance with (a) all applicable laws, rules and regulations, including, without limitation, any and all applicable privacy and data protection laws, the Telephone Consumer Protection Act (“TCPA”), the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003, (“CAN-SPAM”), and the Do-Not-Call Implementation Act, and any rules established by the Federal Communications Commission, and (b) any contractual duties to which you are bound that relate to use and disclosure of the User Content, including, without limitation, any applicable privacy policies.
- By submitting User Content through the Services, you hereby do and shall grant us a license to use, edit, modify, record, transcribe, reproduce, distribute, aggregate, prepare derivative works of, display, perform, and otherwise exploit the User Content to:
- provide you with the Services, including without limitation recording, transcribing and processing statements made by you in Automated Interviews, creating Interview Records and Interview Results based on those statements, and sharing those Interview Records and Interview Results with the Employers that sent an applicable Invitation and with any Recipients to whom you have granted or allowed access to an applicable Interview Report or Report Link;
- to improve, test, and operate the Services internally, and
- to create aggregated and anonymized data that can no longer be specifically linked to you, and that may be used by us for any purpose.
- You represent and warrant that you have all rights to grant the foregoing licenses to us without infringement or violation of (a) any applicable laws, regulations, or rules, including, without limitation, any and all applicable privacy and data protection laws, the TCPA, CAN-SPAM, and the Do-Not-Call Implementation Act, and any rules established by the Federal Communications Commission, or (b) of any third party rights, including, without limitation, any rights of privacy or publicity, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
- The Services contain Content specifically provided by us or our partners (collectively, “TH Content”), including, without limitation, any audio recordings heard during Automated Interviews and the literary content embodied in such recordings, as well as the Interview Results Methods. Such TH Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in or relating to any TH Content accessed through the Services.
- Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use TH Content solely for purposes of using the Services or Interview Results as permitted herein. Use, reproduction, modification, distribution or storage of any TH Content for other than purposes of using the Services or for your individual or internal business use is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any TH Content for commercial use or in any way that violates any law, rule, or regulation or any third party right.
- You acknowledge that all Content, including TH Content and User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate or useful for any purpose. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (a) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (b) to remove or block any Content from the Services.
- You are responsible for all your activity in connection with the Services, including without limitation your use, disclosure, or other treatment of any Interview Reports, Interview Records or Interview Results. You will only use the Services for your own individual or internal business use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws, rules, and regulations that apply to you and your activities on the Services. If your use of the Services is prohibited by applicable laws, rules, or regulations, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
- You shall have the ability to delete your User Content, through a request made by emailing firstname.lastname@example.org but as stated above, you understand and agree that your User Content may remain viewable elsewhere to the extent that it was shared with or made available to others, including, without limitation, Employers and Recipients, in connection with providing you with the Services.
Will these Terms ever change?
- The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to use the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com.
Your use of the Services is subject to the following additional restrictions:
- As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Services.
- You represent, warrant, and agree that you will not, directly or indirectly, contribute any User Content or otherwise use the Services or interact with the Services (or encourage any third party to do so) in a manner that:
- Infringes or violates the intellectual property rights, privacy rights, or any other rights of any other person or entity (including Talk Hiring);
- Violates any (i) law, regulation, or rule, including, without limitation, any anti-spam laws or regulations such as the TCPA, CAN-SPAM, and the Do-Not-Call Implementation Act, or (ii) any contractual duty to which you are bound;
- Violates any applicable industry standards, self-regulatory guidelines, or policies, including, but not limited to, those published by the Mobile Marketing Association, the Cellular Telecommunications Industry Association, or any other generally recognized industry associations;
- Violates any applicable carrier guidelines and/or usage requirements;
- Impersonates another person or entity (including Talk Hiring or its representatives), including, without limitation, by utilizing another person’s identity, email address, or phone number, by using a misleading or deceptive email header, or that in any other way attempts to mislead others as to the origin of a message or phone call;
- Contacts emergency services, including, without limitation, the police department or fire department;
- Results in the sending of unsolicited or unwanted Text Messages or emails;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, abusive, defamatory, libelous, invasive of another's privacy, tortious, offensive, profane, or otherwise objectionable as determined by us in our sole discretion;
- Attempts, in any manner, to access or obtain user information for any other user without that user’s express prior consent, including, without limitation, any Automated Interview responses, Interview Records, Interview Results, or any telephone number used to access the Services or other security information;
- Attempts to or actually does bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere or attempt to interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Deciphers, decompiles, disassembles, reverse engineers or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction;
- Modifies, translates, or otherwise creates derivative works of any part of the Services;
- Copies, rents, leases, distributes, or otherwise transfers any of the rights that you receive hereunder to the Services or any Content; or
- Otherwise violates these Terms.
- Additionally, if you are an Employer, you agree that you shall not use or make copies of any Interview Results for any purpose other than your own internal business use as permitted herein, and shall not disclose or make available any Interview Results to any third parties.
- You acknowledge and agree that a violation of any of the foregoing is grounds for termination of your right to use or access the Services.
- We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of us, our users and the public.
- The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Who is responsible for what I see and do on the Services?
- As stated above, any User Content is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk. We aren’t liable for any errors or omissions in such information or content, or for any damages or loss you might suffer in connection with User Content. We cannot control and have no duty to take any action regarding how you may interpret and use any Content or what actions you may take as a result of having been exposed to any Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
- Your interactions with organizations and/or individuals found on or through the Services, including, without limitation, any Employers, Recipients or Candidates, and any other contractual terms, conditions, warranties or representations associated with such dealings (express or implied), are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Talk Hiring shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
- If there is a dispute between participants on this site, or between users and any third party, you agree that Talk Hiring is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Talk Hiring, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Will Talk Hiring ever change the Services?
- We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Do the Services cost anything?
- For Candidates, the Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
- For Employers, the Services may be subject to the fees set forth in an applicable Customer Agreement.
What if I want to stop using the Services?
- Talk Hiring is also free to terminate (or suspend access to) your use of the Services, for any reason in our discretion, including your breach of these Terms. Talk Hiring has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
- Your termination may result in destruction of any Content associated with your phone number, so keep that in mind before you decide to terminate.
- Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
What else do I need to know?
- Warranty Disclaimer. Neither Talk Hiring nor its licensors or suppliers make any representations or warranties concerning any Content, including any TH Content, contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of any material, including TH Content, contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND ANY CONTENT, INCLUDING TH CONTENT, ARE PROVIDED BY TALK HIRING (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE CONTENT, INCLUDING TH CONTENT, WILL BE EFFECTIVE OR WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES OR ANY CONTENT, INCLUDING TH CONTENT, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE QUALITY OF ANY SERVICES AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS; OR THAT ANY ERRORS IN THE SITE WILL BE CORRECTED. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE SERVICES OR ANY CONTENT, INCLUDING TH CONTENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL TALK HIRING (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $100, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
- Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold Talk Hiring, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your telephone number to access the Services), or any Content, including TH Content, and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for you (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
- Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your access of the Services via your telephone number, in any way (by operation of law or otherwise) without Talk Hiring’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
- Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to the conflicts of laws provisions thereof.
- Arbitration Agreement. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH TALK HIRING AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. Both you and Talk Hiring acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Talk Hiring’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
- Arbitration Rules; Applicability of Arbitration Agreement. Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in New York County, New York. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
- Costs of Arbitration. The JAMS rules will govern payment of all arbitration fees. Talk Hiring will pay all arbitration fees for claims less than $75,000. Talk Hiring will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
- Small Claims Court. Furthermore, either you or Talk Hiring may assert claims, if they qualify, in small claims court in New York County, New York or any United States county where you live or work.
- Waiver of Jury Trial. YOU AND TALK HIRING WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Talk Hiring are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Talk Hiring over whether to vacate or enforce an arbitration award, YOU AND TALK HIRING WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
- Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 447 Broadway 2nd FL #334, New York, NY postmarked within 30 days of first accepting these Terms. You must include (1) your name and residence address; (2) the email address and/or telephone number associated with your use of the Services; and (3) a clear statement that you want to opt out of these Terms’ arbitration agreement.
- Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Talk Hiring to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and Talk Hiring agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New York County, New York, or the Southern District of New York.
- Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Talk Hiring may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Talk Hiring agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Talk Hiring, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms,. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Talk Hiring, and you do not have any authority of any kind to bind Talk Hiring in any respect whatsoever.
Except as expressly set forth in the sections above regarding the arbitration agreement, you and Talk Hiring agree there are no third party beneficiaries intended under these Terms.