Terms of Service

Effective Date: October 1, 2026

Welcome to GetHired.com. The following Terms of Service (“Terms”) are a binding legal agreement between you

(“you” or “You”) and Auris Hired, LLC, dba GetHired, and its affiliates (“GetHired,” “Company,” “we,” or “us”)

regarding your use of the www.GetHired.com website and related services (collectively, the “Service”). Visitors and

users of the Service are referred to individually as “User” and collectively as “Users”. The Service is comprised of a

software platform to meet the workforce management needs of employers, including the following specific

functionalities:

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

background checks, reviewing and screening hiring, screening for tax credit eligibility (“ATS”).

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

including entering new employee information into the database, generating electronic new hire forms (e.g., W-4

form; I-9 form) for the employee to sign, and electronically reporting new employees to government agencies

(“Onboarding”).

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

may clock-in using the software, and employers may view those employee time records electronically via the software

platform (“Time and Attendance”).

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

employer sponsored and endorsed benefit programs, including voluntary benefit programs offered by third party

providers with which employers have agreements to allow employee enrollment (“Benefits Administration”).

Access to or use of the Benefits Administration functionality is also subject to the Auris Benefits Administration

Services Addendum (the “Benefits Administration Addendum”). In the event of a conflict between these Terms

and the Benefits Administration Addendum with respect to Benefits Administration, the Benefits Administration

Addendum will control.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR,

ACCESSING, BROWSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE

READ, UNDERSTOOD, AND AGREE, EFFECTIVE AS OF THE DATE OF SUCH ACTION, TO BE

BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL

GUIDELINES AND FUTURE MODIFICATIONS. THESE TERMS CONTAIN A DISPUTE-

RESOLUTION, BINDING INDIVIDUAL ARBITRATION, AND CLASS

ACTION/REPRESENTATIVE ACTION WAIVER PROVISION IN SECTION 20. EXCEPT AS

EXPRESSLY PROVIDED IN SECTION 20, YOU AND GETHIRED AGREE TO RESOLVE

COVERED DISPUTES THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT

BEFORE A JUDGE OR JURY. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN

SECTION 20(j).

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

at GetHired’s sole discretion.

1. Eligibility, Account and Account Review.

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

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

you represent that (i) you are at least 13 years of age, (ii) you have not been previously suspended or

removed from the Service by GetHired, and (iii) if you are under the age of 18 or the age of majority in

your jurisdiction, you further represent that you are using the Service under the supervision of a parent,

legal guardian, or other responsible adult. If you are using the Service on behalf of an entity, organization,

or company, you represent and warrant that you have the authority to bind such entity or organization to

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

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

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

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

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

maintaining the confidentiality of your Account and password and for restricting access to your computer,

and you agree to accept responsibility for all activities that occur under your Account and password. You

agree that the information you provide to GetHired, whether on registration or at any other time, will be

true, accurate, current, and complete. You also agree that you will ensure that this information is kept

accurate and up-to-date at all times. You are solely responsible for any and all activity that occurs within

your Account while using the Service, including, but not limited to, the content located in all electronic

mail messages sent through the Service from your Account. If you have reason to believe that your

Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your

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

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

unauthorized use of your Account.

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

order to verify eligibility. GetHired may, at any time and in its sole discretion, suspend your Account for

the purpose of investigating any suspected misconduct or violation or breach of these Terms.

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

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

of the U.S. Electronic Signature in Global and National Commerce Act of 2000 (ESIGN) and the

Uniform Electronic Transactions Act (UETA) regarding electronic signatures and transmissions. By

using this platform’s e-signatures, you agree that your electronic signature is legally binding, and (a) shall

be valid as an indication of your intent to be bound to these Terms, (b) shall be deemed your original

signature and “written” or “in writing,” (c) comprises an admissible record as between you and GetHired

and/or your employer equivalent to any other original business records, (d) cannot be contested as an

inadmissible record based on the best evidence rule or as not satisfying the business records exception to

the hearsay rule, and (e) shall satisfy all requirements of an electronic signature under the E-Sign Act and

any implementations of UETA. An “electronic signature” includes, without limitation, a manually-signed

original signature that is then transmitted by electronic means and an “electronically signed document”

means a document transmitted by electronic means and containing, or to which there is affixed, an

electronic signature.”

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

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

information relating to GetHired’s collection, use and disclosure of your Personal Information. GetHired may

update its Privacy Policy (Notice) from time to time without prior notice to you and such updated

version shall become immediately effective upon adoption and publication. You are advised to regularly

check the Privacy Policy (Notice) to ensure that you are aware of any updates, as your continued use of

the Service constitutes acknowledgement and acceptance of any revisions and updates.

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

questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-

proprietary, except as required by law and our Privacy Policy (Notice). Anything you transmit or post may

be used by us or our affiliates for any purpose, including but not limited to reproduction, disclosure,

transmission, publication, broadcast and posting. Furthermore, we are free to use, without limitation or

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

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

marketing Products and Services using such information.

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

remove portions of the Terms at any time. Please check the Terms and any guidelines periodically for

changes. In the case of material changes to the Terms, GetHired will use reasonable efforts to notify you of

the change, such as through sending an email to any address you may have used to register for an account,

through a pop-up window, or other similar mechanism. Except as stated elsewhere, such modified Terms

will become effective upon the earlier of (i) your continued use of the Service with actual knowledge of

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

the Service following the date that any such change becomes effective constitutes your agreement to be

bound by the modified Terms. If you do not agree to the modified Terms, your sole and exclusive remedy

is to terminate your account and you may no longer use the Service. Disputes arising under these Terms

will be resolved in accordance with the version of the Terms that was in effect at the time the dispute

arose.

5. Use of the ATS and Onboarding Service.

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

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

defined below) and search for and evaluate job opportunities, and (iii) employees to fill out Onboarding

Materials (as defined below) as part of their employment onboarding process. GetHired does not screen or

censor the listings, including Profiles offered or the Onboarding Materials. GetHired is not involved in, or

a party to, the actual transaction between employers and candidates/employees. As a result, GetHired is

not responsible for (i) User Content (as defined below); (ii) the quality, safety or legality of the jobs or

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

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

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

Profiles, User Content or Onboarding Materials available on or otherwise provided to you through the

Service. While GetHired reserves the right in its sole discretion to remove User Content, Job Postings,

resumes, Profiles, Onboarding Materials, or other material from the Service from time to time, GetHired

does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for

failing to take any such action. The term “post” as used herein shall mean information that you submit,

publish or display on the Service.

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

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

(“Profile”). The Profile requires standard fields to be completed and you may include in these fields any

telephone numbers, street addresses, email addresses or other means of contacting you, other than your

last name and URLs. In addition, if you use the GetHired Onboarding feature, you will also be asked to

submit certain Personal Information (as described in our Privacy Policy (Notice)) that is required to

complete your Onboarding Materials. Any Profile information or Onboarding Materials that you submit

or provide to GetHired must be accurate and describe you, an individual person. You acknowledge and

agree that you are solely responsible for the form, content and accuracy of any resume, or material

contained therein, and any Onboarding Materials posted or submitted by you on or through the Service.

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

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

including resumes, Profiles, Onboarding Materials, cover letters, saved jobs, and questionnaires will be

marked as deleted in, and may be deleted from, GetHired’s databases and will be removed from any

public area of the Service. Information may continue to be available for some period of time because of

delays in propagating such deletion through GetHired’s web servers. In addition, third parties may retain

saved copies of your information. For example, when you submit Onboarding Materials as part of the

GetHired Onboarding feature, your employer may retain copies of your Onboarding Materials in

accordance with applicable law. GetHired reserves the right to delete your Account and all of your

information after a significant duration of inactivity, in GetHired’s sole discretion.

c. Employers. Employers are solely responsible for their postings on the Service. GetHired is not to be

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

be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on the

Service. In addition, employers are solely responsible for any Onboarding Materials that they upload to the

Service, as well as any Onboarding Materials that are submitted to them by their employees via the Service.

If you are an employer, you represent and warrant that you shall at all times and at your own expense: (i)

strictly comply with all applicable laws, rules, regulations and governmental orders, now or hereafter in

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

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

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

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

agree to indemnify and hold harmless GetHired or GetHired’s partners (as identified in an applicable

registration form you execute with such partner during the registration process (“Registration Form”)

and its affiliates and their directors, officers, and employees from and against all claims, losses, damages,

liabilities, taxes, fines, costs and expenses, including attorneys fees and other legal expenses, arising

directly or indirectly from or in connection with your use of the Service, including but not limited to any

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

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

your employer Account, or your employer Account is terminated, all your account information from

GetHired, including saved resumes, prospective employee contacts, Onboarding Materials, and email

mailing lists, will be marked as deleted in, and may be deleted from, GetHired’s databases. Information

may continue to be available for some period of time because of delays in propagating such deletion

through GetHired’s web servers. In order to protect our other Users from commercial advertising or

solicitation, GetHired reserves the right to restrict the number of e- mails which an employer may send to

Users to a number which GetHired deems appropriate in its sole discretion.

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

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

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

relationship between you and GetHired or your employees and GetHired. You acknowledge and agree that

GetHired exercises no material control over the terms and conditions or circumstances of your employees

work. You acknowledge and agree that GetHired makes no recommendations or determinations as to your

employees’ employment status, classifications, rates of pay, or hours worked, and you acknowledge and

agree that any such determinations shall be made based on your own knowledge and understanding of all

applicable laws, rules, regulations, and governmental orders.

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

to the accuracy, completeness, or legal compliance of any data entered into its Time and Attendance

platform by users, employers, employees, or anyone else with access to the platform. GetHired does not

and will not modify time card data and therefore is not responsible for the accuracy of any time card data.

The employer, in its capacity as the administrator of the Account and/or its officers and managers, are

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

timely basis so you have a record of the time cards.

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

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

employee is deleted, they are put into a special inactive category but they are not deleted permanently and

the data will be retained. The deleted employee’s time cards are still available and can still be viewed in the

time cards section. You do not have to restore the employee to see previous time card data. Deleted

employees will remain in the special inactive category until you decide to restore them. You can restore the

employee any time you want to re- instate the employee with your company and their employee record will

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

during the next billing cycle as if they are still in your employee list for that billing cycle, so do not restore

them unless you are re-instating them with your company. Deleted employees need to be deleted for 20

days in order to not be billed for them. This prevents anyone from deleting employees before the billing

date and then re-instating them after the billing was done so as to avoid paying for them if you are being

billed on a per employee per month basis.

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

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

employment of employees. You further acknowledge and agree that GetHired and its parent and affiliated

companies, and each of their respective directors, officers, employees, contractors, agents, and each of their

respective third-party suppliers, licensors, and partners, are not responsible for your compliance with laws,

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

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

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

now or hereafter in effect, relating to your use of the platform, the Service and Time and Attendance

Platform, including any aspect or feature thereof, and to your employment of employees; (ii) pay all fees

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

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

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

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

regulatory obligations in using the Service and that GetHired and GetHired’s partners will never, in any way,

provide solicited or unsolicited legal advice to you.

7.Special Terms regarding Personal Information

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

relating to the privacy, security, collection, protection, storage, transfer, use, disclosure, third-party sharing,

processing, erasure, and destruction (collectively, “Processing”) of Personal Information (including any

applicable laws of jurisdictions where the Personal Information was collected), and all regulations

promulgated thereunder (collectively, “Privacy Laws”). You further represent and warrant that you are in

compliance, and have at all times complied with, your internal policies and procedures, external policies

and procedures, and third-party agreements relating to the Processing of Personal Information, as well as

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

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

collection and use policies on your websites and under applicable Privacy Laws at all times. You also

represent and warrant that all Personal Information Processed by you has been Processed in accordance

with applicable Privacy Laws and applicable privacy notices, consents, policies, and procedures.

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

personally identifiable, or sensitive data belonging to you, your employees, or your representatives, including,

without limitation, the following regarding any individual person: (i) a first name or first initial and last name;

(ii) a home or other physical address; (iii) an email address; (iv) a telephone number; (v) five or more digits

of any Social Security Number; (vi) a payment card number; (vii) a bank account number; (viii) a driver’s

license, military, state, or other government identification number; (ix) location information, an Internet

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

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

security code, access code, password for a financial or email account; (xiii) password or security question and

answer that would permit access to an online account; (xiv) human resources information, such as benefits

plan information, salary information, performance history, time and attendance, payroll information, medical

information, health information, and similar information; (xv) any nonpublic personally identifiable financial

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

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

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

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

8.GetHired Content.

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

the GetHired Content (as defined below) and to download and print a single copy of the content available

on or from the Service solely for your personal, non-commercial use. The contents of the Service, such as

designs, text, graphics, images, video, information, logos, button icons, software, audio files and other

GetHired content (collectively, “GetHired Content”), are intellectual property and protected under

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

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

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

these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must

preserve all copyright, trademark, service mark and other proprietary notices contained in the original

GetHired Content on any authorized copy you make of the GetHired Content.

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

copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or

otherwise make unauthorized use of the GetHired Content. GetHired reserves all rights not expressly

granted in the Terms. You may not use any of the GetHired Content on any other Website or in a

networked computer environment (including, without limitation, by uploading or republishing GetHired

Content on any Internet, Intranet or Extranet site or incorporating the GetHired Content in any other

database or compilation for any purpose). Unless explicitly stated herein, nothing in these Terms shall be

construed as conferring any license to intellectual property rights, whether by estoppel, implication or

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

9.User Content.

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

graphics, video, advertisements, resumes, Job Postings, messages or other materials submitted, posted or

displayed by You on or through the Service (“User Content”) is the sole responsibility of the person

from which such User Content originated. GetHired claims no ownership or control over any User

Content. You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any

User Content you submit, post or display on or through the Service and you are responsible for protecting

those rights, as appropriate. GetHired reserves the right to refuse to accept, post, display or transmit any

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

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

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

Service. As used in these Terms, “User Communications” means any messages, communications,

correspondence, comments, responses, applications, emails, attachments, or other materials that a User

sends, submits, posts, displays, transmits, or otherwise makes available to another User, GetHired, or any

third party through or in connection with the Service.

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

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

modify(solely to conform with GetHired’s guidelines and restriction applicable to such User Content),

distribute and publish such User Content any modifications thereof through the Service or any other means

GetHired deems appropriate and consistent with the intended features of the Service in its sole discretion.

ln addition, by submitting, posting or displaying User Content which is intended to be available to the

general public, you grant GetHired a worldwide, non-exclusive, sub-licensable and royalty-free license to

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

User Content, including without limitation the restrictions provided in Section 9 below), distribute and

publish such User Content for the purpose of promoting GetHired and its services. GetHired will

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

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

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

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

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

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

paperwork online as part of their employment onboarding process, including federal tax forms (such as the

I-9 and W-4 form), state and local tax forms, company policy forms, employer handbooks, direct deposit

authorizations, benefit enrollment information and other onboarding materials that your employer may

require (the “Onboarding Materials”). If you use the GetHired Onboarding feature, you acknowledge

and understand that your Onboarding Materials may be distributed to third parties, including your

employer, in order to provide the GetHired Onboarding service to you. You also acknowledge that such

third parties may retain copies of your Onboarding Materials in accordance with applicable law. When an

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

an electronic signature tool. GetHired assumes no responsibility for the accuracy or the verification of any

of the information uploaded via the GetHired Onboarding feature, including but not limited to the identity

of any person, and GetHired will not be liable for any fraud, deception, misrepresentation, error or omission

with respect to any individual’s use of the GetHired Onboarding feature.

10.Job Postings

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

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

for traditional, W-2 or 1099 employees. Your Job Posting must contain sufficient detail to convey clearly

to job seekers the nature and requirements of the job opportunity. GetHired may, but is under no obligation

to, periodically review random Job Postings in order to ensure compliance with these Terms. GetHired

reserves the right to remove any Job Posting or content from the Service in its sole discretion.

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

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

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

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

intellectual property;

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

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

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

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

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

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

competitive with GetHired;

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

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

marketing opportunity, or sales representative agency arrangement;

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

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

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

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

would be selling;

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

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

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

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

limitation, reproductive services such as egg donation and surrogacy;

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

(b.xiii) promote a particular religion;

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

Government;

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

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

beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission

of criminal offences or proceedings or (vii) age.

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

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

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

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

discretion;

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

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

category, unless otherwise permitted by the Service;

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

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

or solicits Personal Information from anyone under 18.

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

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

violation of any applicable law or regulation, including but not limited to laws or regulations governing the

collection, processing, or transfer of Personal Information, or in breach of GetHired’s Privacy Policy

(Notice);

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

infrastructure;

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

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

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

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

the vulnerability of a system or network or to breach security or authentication measures without

proper authorization;

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

news group posting;

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

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

Service, including expired job postings, other than as permitted by these Terms;

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

permitted by

these Terms;

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

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

prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy,

providing or creating computer viruses or pirating media

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

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

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

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

to access;

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

information which is not your own;

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

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

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

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

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

or advertising products or services to any User, or contact any users that have specifically requested not to

be contacted by you;

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

means of submitting a virus to the Service, overloading, “flooding”, “spamming”, “mailbombing”

or “crashing”;

v. promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as

providing or making available pirated computer programs or links to them, providing or making available

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

pirated music or other media or links to pirated music or other media files;

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

or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening,

abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance,

inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to

pornographic, indecent or sexually explicit material of any kind, as determined in GetHired’s discretion.

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

investigate occurrences which may involve such violations and may involve, and cooperate with, law

enforcement authorities in prosecuting Users who are involved in such violations.

12. Fees, Payments.

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

all applicable fees for the Service, including, but not limited to, any fees for subscriptions, fees for use of

specific features of the Service (e.g., Job Postings) and other charges levied by domestic or foreign

governments (“Fees”). All fees are exclusive of

applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely

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

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

or eliminate the Fees charged for the Service, or any part thereof. GetHired may also institute new charges

or fees, or charge a Fee for the Service or any part thereof where a fee was not previously charged. Your

continued use of the Service after the effective date of any such change shall constitute your acceptance of

such change.

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

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

to charge all Fees to the credit card, PayPal account or other payment processor (“Payment Account”)

you provide during registration or in your Account. If you use the Service on behalf of a company, by using

a corporate credit card or billing instrument, you affirm that you are authorized to use the corporate card or

billing instrument for such purposes. You agree to provide GetHired or GetHired’s partners (as identified

in an applicable Registration Form) updated information regarding your Payment Account upon

GetHired’s or GetHired’s partner’s request and any time the information earlier provided is no longer valid.

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

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

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

authorizations will reduce your available balance by the authorization amount until it is released or

reconciled with the actual charge. Please contact your credit card issuer if you have additional questions

regarding when an authorization amount will be removed from your statement. If you revoke authorization

to charge your Payment Account, or if for any reason your Payment Account does not pay GetHired,

GetHired may suspend your access to certain features of the Service.

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

nonrefundable. If you believe you have been incorrectly charged, you must notify GetHired of such disputed

charges within the time provided for in your Payment Account agreement, or you waive your right to dispute

those charges. Please contact GetHired customer service through the website to request a review of your

Account. GetHired may require you to describe the dispute in writing. Any written communications

concerning disputed amounts owed must be sent to GetHired at the mailing address provided below in these

Terms.

13. Intentionally Blank.

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

web sites or services solely as a convenience to Users (“Reference Sites”). GetHired does not endorse any

such Reference Sites or the information, materials, products, or services contained on or accessible through

Reference Sites. In addition, your

correspondence or business dealings with, or participation in promotions of, advertisers found on or through

the Service are solely between you and such advertiser.

ACCESS AND USE OF REFERENCE SITES,

INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE

THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.

15. Provisions with Respect to Benefits Administration Functionality.

a. Employees

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

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

as the administrator for the Account. As an individual user, you understand and agree that your employer,

broker and/or administrator will have access to the same data that is visible to you.

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

investment decision correlated to your benefits selections. Please seek the advice of licensed and/or

competent individuals before making any investment or financial planning decisions. Do not rely solely on

financial or retirement information that may be found on the platform.

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

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

third parties, nor is GetHired responsible for the content, statements, actions, or omissions of such third

parties. Inclusion of a third-party service as part of the Service is not an endorsement of that third-party

service. GetHired encourages you to review the terms of service and other agreements of such third parties

when visiting their sites or using their services. In order to provide you with these services, your Personal

Information may be collected and supplied to such third parties, but the information provided will not

exceed that which is necessary for the third-party to provide the service, in accordance with the GetHired

4.Any dealings you have with advertisers, partners, affiliates, or other third parties, including the delivery

of and the payment for goods and services, and any other terms, conditions, warranties, or representations

associated with such dealings or promotions, are solely between you and such third party. GetHired shall

not be responsible or liable for any part of any such dealings.

b. Employers. In addition to these Terms, Employer use of Benefits Administration is subject to the

additional Benefits Administration Services Addendum available at https://www.auris.io/benefit-

client-terms. Any use of Benefits Administration by employers is subject to the Benefits

Administration Services Addendum.

16. Termination.

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

without penalty, may terminate any Account you may have with GetHired or your use of the Service and

remove and discard all or any part of your Account, User profile, and any User Communications, at any

time. GetHired may also in its sole discretion, and at any time, discontinue the Service or discontinue

providing access to the Service, or any part thereof, with or without notice. You agree that any termination

of your access to the Service or any Account you may have or portion thereof may be affected without prior

notice, and you agree that GetHired will not be liable to you or any third party for any such termination.

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

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

As discussed herein, GetHired does not permit copyright infringing activities on the Service, and will

terminate access to the Service, and remove all User Communications and other content submitted by any

Users who are found to be repeat infringers.

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

term of these Terms of Service, (iii) any policy or practice of GetHired in operating the Service, or (iv) any

content or information transmitted through the Service, is to terminate the Terms and your Account. You may

terminate the Terms at any time by deleting your login Account with the Service and discontinuing use of

any and all parts of the Service.

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

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

17. Indemnification.

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

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

agents, and each of their respective third-party suppliers, licensors, and partners, (collectively the

“Indemnified GetHired Parties” and individually a “Indemnified GetHired Party”) against any and

all employee, third-party or federal government, state, or local agency claims, actions, awards, costs,

damages, deficiencies, expenses (of whatever kind), fines, interest, investigations, judgments, liabilities,

penalties, and settlements, including professional and legal fees and expenses, arising directly or indirectly

from or in connection with (i) your use or misuse of the Service, generally; (ii) your employees use of the

Service and/or the platform; (iii) your use of the Time and Attendance Platform and your employment of

employees; (iv) any violation by you of the Terms, (v) any breach of the representations, warranties, and

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

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

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

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

of any matter for which you are required to indemnify and defend the Indemnified GetHired Parties, and

you agree to cooperate with GetHired’s defense of these claims. GetHired will use reasonable efforts to

notify you of any such claim, action, or proceeding within a reasonable time of becoming aware of it.

GetHired’s failure to provide notice under this section does not relieve you of any liability that you may

have to GetHired.

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

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

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

claim liability associated with this provision.

18. Disclaimers; No Warranties.

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

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

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

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

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

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

GETHIRED OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT

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

THIS SECTION 18, THE TERM GETHIRED INCLUDES GETHIRED’S OFFICERS, DIRECTORS,

EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

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

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

INFORMATION, THIRD- PARTY SOFTWARE, USER COMMUNICATIONS, REFERENCE

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

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

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

ANY KIND EITHER EXPRESS OR IMPLIED.

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

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

INFORMATION OFFERED ON OR THROUGH THE SERVICE OR ANY REFERENCE SITES

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

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

CORRECTED. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NOT ALL EMAIL

MESSAGES AND MARKETING COMMUNICATIONS SENT THROUGH THE USE OF THE

SERVICE WILL BE RECEIVED BY THEIR INTENDED RECIPIENTS.

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

NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE

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

SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, COMPLIANCE WITH

THE LAW OR OTHERWISE.

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

DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA

THROUGH THE SERVICE OR ANY REFERENCE SITES AT YOUR OWN DISCRETION

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

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

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

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

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

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

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

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

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

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

meet federal or state requirements. All of the forms, checklists and commentary are intended to be

used only as guides and should not be adopted without the advice of competent legal counsel. The

Service is made available to with the understanding that we are not engaged in rendering legal,

accounting, or other professional service. If legal advice or other expert assistance is required, the

services of a competent professional should be sought. Furthermore, laws and regulations will

change over time and should be interpreted only in light of particular circumstances.

19. Limitation of Liability and Damages.

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

NEGLIGENCE, WILL GETHIRED OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES,

AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY

SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR

EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM

ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST

REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-

PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR

RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO

USE THE SERVICE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH

GETHIRED, EVEN IF GETHIRED OR A GETHIRED AUTHORIZED REPRESENTATIVE HAS

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT

ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR

CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT

APPLY TO YOU. IN SUCH CASES, GETHIRED’S LIABILITY WILL BE LIMITED TO THE

FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

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

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

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

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

OR YOUR INTERACTION WITH OTHER SERVICE USERS (WHETHER IN CONTRACT, TORT

INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID

BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE MONTHS

IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS,

WHICHEVER IS GREATER.

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

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

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

THAN GETHIRED AND RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR

RECEIVED THROUGH ANY REFERENCE SITES.

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

ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THE TERMS IN

RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY

SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF

LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF

RISK BETWEEN YOU AND GETHIRED, AND THAT THE WARRANTY DISCLAIMERS AND

THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN

ESSENTIAL BASIS OF THE

BARGAIN BETWEEN YOU AND GETHIRED. GETHIRED WOULD NOT BE ABLE TO PROVIDE THE SERVICE

TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

Limitations by Applicable Law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED

WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE

OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

20. Dispute Resolution; Binding Individual Arbitration; Class Action Waiver.

PLEASE READ THIS SECTION 20 (“ARBITRATION AGREEMENT”) CAREFULLY. PLEASE

BE AWARE THAT THIS SECTION CONTAINS PROVISIONS GOVERNING HOW DISPUTES

BETWEEN YOU AND US WILL BE RESOLVED. AMONG OTHER THINGS, THIS SECTION 20

INCLUDES AN AGREEMENT TO ARBITRATE, WHICH REQUIRES, WITH LIMITED

EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US BE RESOLVED BY BINDING

AND FINAL ARBITRATION. THIS SECTION 20 ALSO CONTAINS A CLASS ACTION AND

JURY TRIAL WAIVER. IN SOME COUNTRIES YOU MAY HAVE ADDITIONAL RIGHTS

AND/OR ELEMENTS OF THIS ARBITRATION AGREEMENT MAY NOT APPLY TO YOU AS

REQUIRED BY LAW.

a. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and

we agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or

use of the Services, any communications you receive, any products sold or distributed through the Services,

or the Terms, including claims and disputes that arose between us before the effective date of the Terms

(each, a “Dispute”) will be resolved by binding arbitration, using the English language, rather than in court,

except that: (1) you and we may assert claims or seek relief in small claims court if such claims qualify and

remain in small claims court; and (2) you or we may seek equitable relief in court for infringement or other

misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets,

copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes

that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well

as claims that may arise after the termination of the Terms.

b. Informal Dispute Resolution. There may be instances when a Dispute arises between you and us. If

that occurs, we are committed to working with you to reach a reasonable resolution. You and we agree

that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial

outcome. You and we therefore agree that before either party commences arbitration against the other (or

initiates an action in small claims court if a party so elects), we will personally meet and confer

telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by

this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by

counsel, your counsel may participate in the conference, but you also agree to participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an

Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after

the other party receives such Notice, unless an extension is mutually agreed upon by the parties in writing.

Notice to us that you intend to initiate an Informal Dispute Resolution Conference should be sent by email

to compliance@gethired.com, or by regular mail to the address in Section 21(j). The Notice must include:

(1) your name, telephone number, mailing address, email address associated with your Account (if you

have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any;

and (3) a description of your Dispute. The notice must specify a proposed date and time when you are

available for an Informal Dispute Resolution Conference; however, you agree to cooperate with GetHired

in scheduling a mutually agreeable date and time if your proposed date and time is not convenient for

GetHired.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must

be held each time either party initiates a Dispute, even if the same law firm or group of law firms

represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute

cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the

time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in

this Arbitration Agreement shall prohibit the parties from engaging in informal communications to

resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a

condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of

limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute

Resolution Conference process required by this section. Failure to appear for the Informal Dispute

Resolution Conference without prior notice or extenuating circumstances will be deemed a failure to

participate in good faith.

c. Waiver of Jury Trial . YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND

STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE

OR A JURY. You and we are instead electing that all Disputes shall be resolved by arbitration under this

Arbitration Agreement, except as specified in Section 20(a) above. There is no judge or jury in arbitration,

and court review of an arbitration award is subject to very limited review.

d. Waiver of Class and Other Non-Individualized Relief. YOU AND WE AGREE THAT, EXCEPT

AS SPECIFIED IN SECTION 20(i), EACH OF YOU AND US MAY BRING CLAIMS AGAINST

THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS,

REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL

RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED,

OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION

BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN

ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH

THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the

arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and

only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this

paragraph is intended to, nor shall it, affect the terms and conditions under Section 20(i). Notwithstanding

anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal

or recourse, determines that the limitations of this Section are invalid or unenforceable as to a particular

claim or request for relief (such as a request for public injunctive relief), you and we agree that that

particular claim or request for relief (and only that particular claim or request for relief) shall be severed

from the arbitration and may be litigated only in the courts provided for under Section 21(a). All other

Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or us

from participating in a class-wide settlement of claims.

e. Rules and Forum. The Terms evidence a transaction involving interstate commerce; and

notwithstanding any other provision herein with respect to the applicable substantive law, the Federal

Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration

Agreement and any arbitration proceedings. If the informal dispute resolution process described above does

not resolve satisfactorily within sixty (60) days after receipt of Notice, you and we agree that either party

shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be

conducted by American Arbitration Association (the “AAA”), an established alternative dispute resolution

provider, under its rules, including Consumer Arbitration Rules (the “AAA Rules”), then in effect, unless

otherwise required by law. AAA’s rules are also available at https://adr.org/consumer. For all actions under

the AAA Rules, the proceedings may be filed where your residence is, or in Grand Rapids, Michigan, and

any in-person hearings will be conducted in Grand Rapids, Michigan. If AAA is not available to arbitrate,

the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will

be solely as set forth in the applicable AAA rules.

If the parties are not able to resolve the Dispute through the mandatory informal dispute resolution process

referenced above, either party may initiate an arbitration proceeding by sending a demand to the other party

that describes the nature and basis for the claim and includes all of the information required in the arbitration

notice (“Arbitration Notice”). The party initiating arbitration must include as part of the demand a

personally signed certification of compliance with the informal dispute resolution process. The Arbitration

Notice must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking

arbitration and the account username (if applicable) as well as the email address associated with any

applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims;

(3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy

in United States Dollars; (4) a statement certifying completion of the informal dispute resolution process as

described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection

with such arbitration. If the party requesting arbitration is represented by counsel, the Arbitration Notice shall

also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also

sign the Arbitration Notice. By signing the Arbitration Notice, counsel certifies to the best of counsel’s

knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the

Arbitration Notice is not being presented for any improper purpose, such as to harass, cause unnecessary

delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions

are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing

law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if

specifically so identified, will likely have evidentiary support after a reasonable opportunity for further

investigation or discovery. Unless you and we otherwise agree, or the Batch Arbitration process discussed in

Section 20(i) is triggered, the arbitration will be conducted in Grand Rapids, Michigan. Subject to the

applicable AAA rules, the arbitrator may direct a limited and reasonable exchange of information between

the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the

parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be

solely as set forth in the applicable AAA Rules. You and we agree that all materials and documents

exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone

except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they

agree to keep all materials and documents exchanged during the arbitration proceedings confidential. During

the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator

until after the arbitrator makes a final decision and award, if any.

f. Arbitrator . The arbitrator will be either a retired judge or an attorney licensed to practice law in

the State of Michigan, and will be selected by the parties from the AAA roster of consumer dispute

arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery

of the Arbitration Notice, then AAA will appoint the arbitrator in accordance with the applicable

AAA rules, provided that if the Batch Arbitration process under Section 20(i) is triggered, AAA will

appoint the arbitrator for each batch.

g. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute,

including, without limitation, disputes arising out of or related to the interpretation or application of the

Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration

Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising

out of or relating to Section 20(d), including any claim that all or part of Section 20(d) is unenforceable,

illegal, void or voidable, or that Section 20(d) has been breached, shall be decided by a court of competent

jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 20(i), all Disputes

about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by

an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration

shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes

about which version of the Arbitration Agreement applies shall be decided only by a court of competent

jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other

matters or joined with any other cases or parties, except as expressly provided in Section 20(i). The

arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator

shall issue a written award and statement of decision describing the essential findings and conclusions on

which the award is based, including the calculation of any damages awarded. The award of the arbitrator

is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having

jurisdiction.

h. Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless

the arbitrator finds that either the substance of the Dispute or the relief sought in the Arbitration Notice was

frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of

Civil Procedure 11(b)). If you or we need to invoke the authority of a court of competent jurisdiction to compel

arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to

collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees

incurred in securing an order compelling arbitration. The prevailing party in any court action relating to

whether either party has satisfied any condition precedent to arbitration, including the informal dispute

resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable

attorneys’ fees and costs.

i. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and we

agree that in the event that there are twenty-five (25) or more individual Arbitration Notices of a substantially

similar nature filed against us by or with the assistance of the same law firm, group of law firms, or

organizations, within a thirty (30) day period, AAA shall (1) administer the arbitration demands in batches of

100 Arbitration Notices per batch (plus, to the extent there are less than 100 Arbitration Notices left over after

the batching described above, a final batch consisting of the remaining Arbitration Notices), or in a single

batch if there are fewer than 100 Arbitration Notices in total; (2) appoint one arbitrator for each batch; (3)

administer the batches concurrently; (4) provide for the resolution of each batch as a single consolidated

arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one

hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

Arbitration awards in one batch of arbitration demands shall have no precedential effect on subsequently

administered batches.

All parties agree that Arbitration Notices are of a “substantially similar nature” if they arise out of or relate to

the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.

To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party

shall advise AAA, and AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch

Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by

the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as

are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by us. You

and we agree to cooperate in good faith with AAA to implement the Batch Arbitration process including the

payment of single filing and administrative fees for batches of Arbitration Notices, as well as any steps to

minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special

master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited

calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as

authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or

consolidated claims under any circumstances, except as expressly set forth in this provision.

j. 30-Day Right to Opt Out . You have the right to opt out of the provisions of this Arbitration Agreement

by sending written notice of your decision to opt out to the applicable address set forth in Section 21(j), within

thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your

name and address, the email address you used to set up your Account (if you have one), and an unequivocal

statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement,

all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no

effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

k. Invalidity, Expiration . Except as provided in Section 20(i), if any part or parts of this Arbitration

Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of

no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in

full force and effect. For the avoidance of doubt, this means that, if Section 20(i) is found under the law to be

invalid or unenforceable to any extent, then you agree that the entire Arbitration Agreement shall be of no

force and effect. You further agree that any Dispute that you have with us as detailed in this Arbitration

Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or

controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will

apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court

of competent jurisdiction.

l. Modification . Notwithstanding any provision in the Terms to the contrary, we agree that if we make any

future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within

thirty (30) days of such change becoming effective by writing to us at the applicable address set forth in Section

21(j), your continued use of the Services, including the acceptance of products and services offered on or

through the Services, following the posting of changes to this Arbitration Agreement constitutes your

acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new

opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of the Terms

and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and

you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your

access to or use of the Services, any communications you receive, any products sold or distributed through the

Services or the Terms, the provisions of this Arbitration Agreement as of the date you first accepted the Terms

(or accepted any subsequent changes to the Terms) remain in full force and effect. We will continue to honor

any valid opt outs of the Arbitration Agreement that you made to a prior version of the Terms.

21. Miscellaneous.

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

accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law.

You agree that any action at law or in equity arising out of or relating to the Terms or Service and is not

subject to arbitration or eligible for small claims action will be filed only in the state or federal courts in and

for Grand Rapids, Michigan, and you hereby consent and submit to the personal and exclusive jurisdiction

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

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

rights in any court of competent jurisdiction where the other party resides or has its principal place of

business.

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

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

improperly filed. Should either party file a claim contrary to this Agreement, the other party may recover

attorneys’ fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that such party

seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed

to promptly withdraw the claim.

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

RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF

ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY

BARRED.

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

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

unless GetHired is notified that the email address is invalid. Alternatively, we may give you legal notice

by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed

given three days after the date of mailing. Notice posted on the Service is deemed given 30 days following

the initial posting.

e. Waiver. The failure of GetHired to exercise or enforce any right or provision of the Terms will not

constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective

only if in writing and signed by GetHired.

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

reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum

extent necessary and will not affect the validity and enforceability of any remaining provisions.

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

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

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

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

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

hereof.

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

entire agreement between you and GetHired relating to the subject matter herein and may not be modified

except in writing, signed by both parties, or by a change to the Terms or Privacy Policy (Notice) made by

GetHired as set forth in Section 3 above.

j. Disclosures. The provider of the Service is Auris Hired, LLC, dba GetHired, 100 E. Main, Oklahoma

City, OK 73104. We can be reached by email at compliance@gethired.com. If you are a California

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

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

by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by

telephone at (800) 952-5210 or (916) 445-1254.