These terms of use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Hirbox, Inc. (“we,” “us,” or “our”), concerning your access to and use of the https://www.Hirbox.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “site”). You agree that by accessing the site, you have read, understood, and agreed to be bound by all these terms of use. If you do not agree with all these terms of use, then you are expressly prohibited from using the site, and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these terms of use at any time and for any reason. We will alert you about any changes by updating the “last updated” date of these terms of use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these terms of use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised terms of use by your continued use of the site after the date such revised terms of use are posted.

The information provided on the site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the site.

Intellectual Property Rights

Unless otherwise indicated, the site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the site (collectively, the “content”) and the trademarks, service marks, and logos contained therein (the “marks”) are owned or controlled by us or licensed to us. They are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The content and the marks are provided on the site “as is” for your information and personal use only. Except as expressly provided in these terms of use, no part of the site and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the site, you are granted a limited license to access and use the site and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the site, the content, and the marks.

User Representations

By using the site, you represent and warrant that:

·       All registration information you submit will be true, accurate, current, and complete.

·       You will maintain the accuracy of such information and promptly update such registration information as necessary.

·       You have the legal capacity, and you agree to comply with these terms of use.

·       You are not a minor in the jurisdiction in which you reside.

·       You will not access the site through automated or non-human means, whether through a bot, script, or otherwise.

·       You will not use the site for any illegal or unauthorized purpose.

·       Your use of the site will not violate any applicable law or regulation.

·       If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of the site (or any portion thereof).

User Registration

You may be required to register with the site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Prohibited Activities

You may not access or use the site for any purpose other than that for which we make the site available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the site, you agree not to:

·       Systematically retrieve data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

·       Make any unauthorized use of the site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.

·       Use the site to advertise or offer to sell goods and services.

·       Circumvent, disable, or otherwise interfere with security-related features of the site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the site and/or the content contained therein.

·       Engage in unauthorized framing of or linking to the site, trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

·       Make improper use of our support services or submit false reports of abuse or misconduct.

·       Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

·       Interfere with, disrupt, or create an undue burden on the site or the networks or services connected to the site.

·       Attempt to impersonate another user or person or use the username of another user.

·       Sell or otherwise transfer your profile.

·       Use any information obtained from the site to harass, abuse, or harm another person.

·       Use the site as part of any effort to compete with us or otherwise use the site and/or the content for any revenue-generating endeavor or commercial enterprise.

·       Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the site.

·       Attempt to bypass any measures of the site designed to prevent or restrict access to the site, or any portion of the site.

·       Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the site to you.

·       Delete the copyright or other proprietary rights notice from any content.

·       Copy or adapt the site’s software, including but not limited to flash, PHP, HTML, JavaScript, or other code.

·       Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the site.

·       Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMs”).

·       Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the site, or using or launching any unauthorized script or other software.

·       Disparage, tarnish, or otherwise harm, in our opinion, us and/or the site.

·       Use the site in a manner inconsistent with any applicable laws or regulations.

Paid Services of Hirbox

Certain software and services offered by Hirbox are made available to users on a paid basis. Users that choose to use paid services agree to the following additional terms and conditions. Hirbox reserves the right to change, modify, or append services and the pricing for those services at any time. With any change in pricing, the customer will be notified of such change, and the change will only take effect upon the next billing cycle.

Any taxes due on services shall be paid by the customer. If the customer is exempt from otherwise applicable taxes, the customer must submit its tax identification number and exemption certificate to Hirbox for review before the start of paid services.

Hirbox may cancel orders for any reason. Some common situations in which orders are canceled may include pricing errors, availability issues, or credit card payments that are declined by the issuing financial institution.

The customer agrees to compensate Hirbox for its reasonable expenses, including attorney and collection agency fees, incurred in the collection of payments and the enforcing of its rights under this agreement. Overdue and delinquent payments for all services may incur an interest charge on the outstanding balance of the lesser of one- and one-half percent (1.5%) per month or the maximum rate permitted by law.

With respect to any paid or free service offered, Hirbox will have no specific responsibility with respect to the veracity of applicant resumes, applicant interviews, or work performance, suitability before or after hire, and will not participate in any negotiations or discussions with respect to the hiring, promoting, disciplining, firing, or relocating of such applicant later employed by the client. All assessment and resume reviewing services by recruiters are provided as optional, value-added services to the client, and recruiters shall not be held liable for any inaccuracies, disparities, or misrepresentations. Formal assessment and pre-hire services are not provided unless specifically paid for as an optional service. All assessment services are not an exhaustive check of employment, education, and other background information.

Hirbox cannot promise the effectiveness of any of its services in relation to the procurement of a job or career advancement. Hirbox makes no promise or guarantee of employment with either free or paid services. All services are performed for general and informational use only.

Terms Specific to Paid Job Posting

The following terms apply to the service whereby the user uses the site to post jobs online.

No Refunds: You may upgrade, downgrade, or cancel your job posting subscription at any time. If you sign up using a free trial of the job posting service, you may cancel the service without incurring a charge if you cancel during the free trial period. Once payment has been made, we do not offer refunds for cancellation.

Moderation / Suspension of Account: Hirbox or its representatives, subsidiaries, or partners may decide to suspend or terminate your account at any time, for any reason. Common reasons include improper use of the service, misrepresentations to job applicants, fraudulent activity, misuse of free trial offerings, and activity that violates these terms or our privacy policy. If your account is suspended or terminated, there shall be no refund offered; however, your account will be cancelled, and no further charges will be incurred.

Billing Terms: Certain services are automatically renewed monthly. For these services, payment is due on the first day of the renewal period. If there is an interruption in payment, such as a billing issue, such interruption does not relieve the customer of the obligation to pay the monthly fee, even in the case of inactivity or non-use of services.

Terms Specific to Job Market Platform (Recruiting Services) for Employers and Third-Party Recruiters

Additional Contracts: For all employers and third-party recruiters, the terms contained within a valid and executed agreement with Hirbox (“additional contract”) shall amend the terms contained within this section “terms specific to job market platform (recruiting services) for employers and third-party recruiters.” All other terms and conditions contained within these terms of use and the privacy policy shall remain intact and unchanged.

Rights to Sensitive Business Information: Hirbox takes great care and undertakes great expense to procure its employer clients, third-party recruiter relationships, and business data and information. Hirbox selectively provides access to these valuable clients, relationships, data, and information as a value-added service to its users. All users agree and acknowledge, with clear and sophisticated understanding, to never use this provided access and information to compete directly with Hirbox or share this information with another third party for the purposes of commercial gain. All provided client and candidate information shall be considered the sole property of Hirbox, with all the rights and privileges associated with valid ownership.

Independent Contractor: Third-party recruiters that utilize the services of Hirbox do so as independent contractors and free agents. No payment, reward, or services offered to users from Hirbox shall form or imply an employment relationship nor shall it form or imply any form of partnership, joint venture, or agency relationship.

Selection of Candidates: Hirbox reserves the right to delete, modify, alter, and/or reject all content submitted to Hirbox, including but not limited to candidate resumes and other information submitted by third-party recruiters.

Communications: Hirbox regularly communicates information from one third party to another third party, such as in the case of conveying information about a candidate from an employer to a third-party recruiter. Hirbox shall not be responsible for the accuracy of such information but shall use commercially reasonable practices to communicate the information properly.

Data Maintenance: Although Hirbox conducts regular backups and takes certain security precautions, Hirbox shall not be held liable for maintenance of user data nor continuation of its service. Users are responsible for the creation and maintenance of their own data, including candidate and client information.

Individualized Contracts and Changes: Hirbox will from time to time negotiate different terms and conditions with individual clients that do not conform to the standard contractual terms. Hirbox reserves the right to selectively modify, in whole or in part, the terms, including but not limited to the guarantee period, for individual clients, without special communication to third-party recruiters.

Quality of Listings: Hirbox performs checks to ensure that job listings are active, of good quality, and updated regularly. However, because Hirbox publishes job listings from its employer clients and other third-party recruiters, Hirbox cannot guarantee the accuracy, prioritization, or other details of its job listings and client information.

Guarantee: Recruiter shall provide a replacement guarantee as specified in the additional contract (“guarantee”), effective from the hired candidate’s employment start date, for any hired candidate that terminates, or is terminated by the employer (“candidate termination”), provided that such candidate termination was not a result of an employer-initiated reduction in workforce, elimination of the candidate’s position, or insufficient work for the candidate and that the employer has paid all invoices outstanding according to the terms described in this agreement. Hirbox will make every effort to provide a suitable replacement applicant within 30 days.

Termination: Hirbox reserves the right to terminate access to Hirbox, in whole or in part, for any user, for any reason, in its sole discretion.

Equal Opportunity: Hirbox is an equal opportunity employer and does its best to monitor the behaviors and recruiting practices of our users as related to their use of our platform, though we cannot be liable or responsible for our user’s specific actions. All employers, recruiters, and others using Hirbox services for employment services agree to follow the laws and guidance set by the US Equal Employment Opportunity Commission.

Best Practices for Employers and Recruiting Professionals: Users with questions concerning their compliance with the best practices and laws set by the EEOC are encouraged to contact them.

https://www.eeoc.gov/contact.

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OFCCP: Submitting candidates to certain positions listed on the Hirbox platform and/or posting certain jobs on the Hirbox platform may require additional certifications, information, disclaimers, and processes set by the Office of Federal Contract Compliance Programs (OFCCP). All employers regulated by the OFCCP are responsible for their own continued compliance. For more information about these guidelines, please visit the Office of Federal Contract Compliance Programs at: https://www.dol.gov/ofccp.

Third-Party Recruiters: In addition to the general terms above, all third-party recruiters agree that:

·       They will secure specific and proper permissions from each applicant before they submit the candidate’s resumes to Hirbox.

·       They will take time to understand the specific placement and fee terms related to each individual position.

·       They will take reasonable care to review the submittal of each candidate.

·       They will not directly contact the employers for which they submit candidates, nor do any direct business with the employers for which they submit candidates, for any reason, for a period of 12 months after their last submitted candidate, without the specific consent of Hirbox.

·       They understand that if a placement fee is generated through the platform, the amount due to them, as a third-party recruiter, shall be equal to a percentage of the total (or “gross”) placement fee, net of any additionally incurred costs. The percentage shall be 50% of the total placement fee unless the percentage is modified through an additional executed agreement with Hirbox or by the purchase of a different level of account with Hirbox, such as the “pro” account.

·       They understand that Hirbox will only pay third-party recruiter users after the guarantee period has successfully passed.

·       Recruiters should expect payment within thirty (30) days from the date of expiration of the guarantee with the employer.

·       They understand that they will receive credit and/or placement fees only for candidate resume submittals for the jobs to which those candidate resumes were directly submitted and only in the case that another recruiter did not submit the same candidate to the same job earlier. The credit period for all candidates resume submittals shall be a period of exactly one (1) year from the time of the initial candidate resume submittal for each specific job. For times beyond one (1) year, each third-party recruiter releases all claims to submitted candidate resumes.

·       We reserve the right to change, modify, substitute, or cancel all merchandise and other prizes available through the recruiter rewards program. Additional terms for recruiter rewards may apply to international users outside of the continental US.

Employers: In addition to the general terms above, all employers agree that:

·       Recruiter shall provide direct hire recruitment services. Recruiter may present applicants for potential hire (“candidates” and each a “candidate”) by providing resumes and/or candidate profiles for evaluation in support of the employer’s intent to locate, identify, and potentially hire candidates as full-time employees (“services”).

·       The placement fee owed to recruiter is equal to 20% of compensation (“compensation” defined as the equivalent of the candidate’s first year’s base salary or minimum total contract compensation, excluding per diems), unless modified by an additional contract (“placement fee”). The compensation can only be confirmed after the employer has made a specific offer in writing by fax, postal mail, or authorized email transmission; and the candidate has accepted and signed the offer of employment letter.

·       They shall pay a placement fee to the recruiter on a contingency basis if they or any of its affiliates hire a candidate referred by the recruiter (“hired candidate”) within one (1) year that the candidate was referred to them by the recruiter. The placement fee is also earned if they refer a candidate to another company who hires the candidate.

·       It is the employer’s responsibility to inform the recruiter in writing of any duplicate candidate resumes previously known or received within 48 hours of the receipt of the candidate’s resume from the recruiter; otherwise, the employer will be obligated to pay a placement fee to the recruiter for the hired candidate, even if the hired candidate was previously known.

·       They will pay all placement fees due in full and in a timely fashion, according to the terms and conditions contained here or as amended with a directly executed recruiting services contract.

International Users:

The service is controlled, operated, and administered by Hirbox from our offices within the USA. If you access the service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Hirbox content accessed through Hirbox in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

User Generated Contributions:

The site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “contributions”). Contributions may be viewable by other users of the site and through third-party websites. As such, any contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any contributions, you thereby represent and warrant that:

·       The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

·       You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the site, and other users of the site to use your contributions in any manner contemplated by the site and these terms of use.

·       You have the written consent, release, and/or permission of each identifiable individual person in your contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your contributions in any manner contemplated by the site and these terms of use.

·       Your contributions are not false, inaccurate, or misleading.

·       Your contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

·       Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

·       Your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

·       Your contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

·       Your contributions do not violate any applicable law, regulation, or rule.

·       Your contributions do not violate the privacy or publicity rights of any third party.

·       Your contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

·       Your contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

·       Your contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

·       Your contributions do not otherwise violate, or link to material that violates, any provision of these terms of use, or any applicable law or regulation.

·       Any use of the site in violation of the foregoing violates these terms of use and may result in, among other things, termination, or suspension of your rights to use the site.

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Contribution License:

By posting your contributions to any part of the site or making contributions accessible to the site by linking your account from the site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your contributions, and you warrant that moral rights have not otherwise been asserted in your contributions.

We do not assert any ownership over your contributions. You retain full ownership of all of your contributions and any intellectual property rights or other proprietary rights associated with your contributions.

We are not liable for any statements or representations in your contributions provided by you in any area on the site. You are solely responsible for your contributions to the site, and you expressly agree to exonerate us from all responsibility and to refrain from any legal action against us regarding your contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any contributions; (2) to re-categorize any contributions to place them in more appropriate locations on the site; and (3) to pre-screen or delete any contributions at any time and for any reason, without notice. We have no obligation to monitor your contributions.

Social Media:

As part of the functionality of the site, you may link your account with online accounts you have with third-party service providers (each such account, a “third-party account”) by either: (1) providing your third-party account login information through the site; or (2) allowing us to access your third-party account, as is permitted under the applicable terms and conditions that govern your use of each third-party account. You represent and warrant that you are entitled to disclose your third-party account login information to us and/or grant us access to your third-party account, without breach by you of any of the terms and conditions that govern your use of the applicable third-party account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the third-party account. By granting us access to any third-party accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your third-party account (the “social network content”) so that it is available on and through the site via your account, including without limitation any friend lists and (2) we may submit to and receive from your third-party account additional information to the extent you are notified when you link your account with the third-party account. Depending on the third-party accounts you choose and subject to the privacy settings that you have set in such third-party accounts, personally identifiable information that you post to your third-party accounts may be available on and through your account on the site. Please note that if a third-party account or associated service becomes unavailable or our access to such third party account is terminated by the third-party service provider, then social network content may no longer be available on and through the site. You will have the ability to disable the connection between your account on the site and your third-party accounts at any time. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. We make no effort to review any social network content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any social network content. You acknowledge and agree that we may access your email address book associated with a third-party account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the site. You can deactivate the connection between the site and your third-party account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such third-party account, except the username and profile picture that become associated with your account.

Submissions:

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the site (“submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such submissions, and you hereby warrant that any such submissions are original with you or that you have the right to submit such submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your submissions.

Third-Party Websites and Content:

The site may contain (or you may be sent via the site) links to other websites (“third-party websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“third-party content”). Such third-party websites and third-party content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third-party websites accessed through the site or any third-party content posted on, available through, or installed from the site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the third-party websites or the third-party content. Inclusion of, linking to, or permitting the use or installation of any third-party websites or any third-party content does not imply approval or endorsement thereof by us. If you decide to leave the site and access the third-party websites or to use or install any third-party content, you do so at your own risk, and you should be aware these terms of use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the site or relating to any applications you use or install from the site. Any purchases you make through third-party websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on third-party websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any third-party content or any contact with third-party websites.

Advertisers:

We allow advertisers to display their advertisements and other information in certain areas of the site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the site and any services provided on the site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

Site Management:

We reserve the right, but not the obligation, to: (1) monitor the site for violations of these terms of use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms of use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the site in a manner designed to protect our rights and property and to facilitate the proper functioning of the site.

Privacy Policy:

We care about data privacy and security. Please review our privacy policy: [Privacy Policy Link]. By using the site, you agree to be bound by our privacy policy, which is incorporated into these terms of use. Please be advised the site is hosted in the United States. If you access the site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the US Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the site as quickly as is reasonably practical.

Copyright Infringements:

We respect the intellectual property rights of others. If you believe that any material available on or through the site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “notification”). A copy of your notification will be sent to the person who posted or stored the material addressed in the notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a notification. Thus, if you are not sure that material located on or linked to by the site infringes your copyright, you should consider first contacting an attorney.

Term and Termination:

These terms of use shall remain in full force and effect while you use the site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions:

We reserve the right to change, modify, or remove the contents of the site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our site. We also reserve the right to modify or discontinue all or part of the site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the site.

We cannot guarantee the site will be always available. We may experience hardware, software, or other problems or need to perform maintenance related to the site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the site during any downtime or discontinuance of the site. Nothing in these terms of use will be construed to obligate us to maintain and support the site or to supply any corrections, updates, or releases in connection therewith.

Governing Law:

These terms of use and your use of the site are governed by and construed in accordance with the laws of the state of Delaware applicable to agreements made and to be entirely performed within the state of Delaware, without regard to its conflict of law principles.

Dispute Resolution:

1.          Informal Negotiations:

To expedite resolution and control the cost of any dispute, controversy, or claim related to these terms of use (each a “dispute” and collectively, the “disputes”) brought by either you or us (individually, a “party” and collectively, the “parties”), the parties agree to first attempt to negotiate any dispute (except those disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other party.

2.          Binding Arbitration:

If the parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be commenced and conducted under the commercial arbitration rules of the American arbitration association (“aaa”) and, where appropriate, the aaa’s supplementary procedures for consumer-related disputes (“aaa consumer rules”), both of which are available at the aaa website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the aaa consumer rules and, where appropriate, limited by the aaa consumer rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will decide in writing but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable aaa rules or applicable law, the arbitration will take place in Wilmington County, de. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Wilmington County, de, and the parties hereby consent to, and waive all defences of lack of personal jurisdiction, and forum non-convenient with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations convention on contracts for the international sale of goods and the uniform computer information transaction act (ucita) are excluded from these terms of use.

In no event shall any dispute brought by either party related in any way to the site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable, and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.

3.          Restrictions:

The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

4.          Exceptions to Informal Negotiations and Arbitration:

The parties agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable, and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.

5.          Corrections:

There may be information on the site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the site at any time, without prior notice.

6.          Disclaimer:

The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

7.          Limitations of Lability:

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will always be limited to the lesser of the amount paid, if any, by you to us during the one (1) month period prior to any cause of action arising or $1,000.00 USD. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all the above disclaimers or limitations may not apply to you, and you may have additional rights.

8.          Indemnification:

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your contributions; (2) use of the site; (3) breach of these terms of use; (4) any breach of your representations and warranties set forth in these terms of use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the site with whom you connected via the site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

9.          User Data:

We will maintain certain data that you transmit to the site for the purpose of managing the performance of the site, as well as data relating to your use of the site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

10.        Electronic Communications, Transactions, and Signatures:

Visiting the site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

11.        Miscellaneous:

These terms of use and any policies or operating rules posted by us on the site or in respect to the site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms of use shall not operate as a waiver of such right or provision. These terms of use fully operate permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these terms of use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms of use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us because of these terms of use or use of the site. You agree that these terms of use will not be construed against us by virtue of having drafted them. You hereby waive all defences you may have based on the electronic form of these terms of use and the lack of signing by the parties hereto to execute these terms of use.

Contact Us:

Resolve a complaint regarding the site or to receive further information regarding use of the site, please contact us at:

Hirbox Inc.

195 Montague St,

Brooklyn, NY 111201,

United States

hello@hirbox.com Web Page: https://hirbox.com/CHANGES TO THIS STATEMENT:

Hirbox will occasionally update these terms of use to reflect company and customer feedback. Hirbox encourages you to periodically review this statement to be informed of how Hirbox is protecting your information.