HireFast Terms of Service

Last updated: April 14, 2024

These HireFast Terms of Service (“Terms”) are entered into by and between the eligible legal entity accepting these terms as set forth herein (the “Customer,” “you” and “your”) and HireFast Inc., a Delaware corporation (the “Company,” “we,” “our,” or “us”) and govern Customer’s use of the HireFast platform (as provided by the Company and its service providers and together with any and all related services and promotions, including any website or location offered by us that directly links to these Terms, herein referred to collectively as the “Service”), whether as a guest or a registered user.

READ THESE TERMS CAREFULLY AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING A CLASS ACTION WAIVER UNDER SECTION 15 BELOW AND AN AGREEMENT TO ARBITRATE FOR ANY DISPUTE RESOLUTION UNDER SECTION 14 BELOW.

1. Acceptance and Eligibility

The Service is offered and available to business/corporate users domiciled and operating in the United States or any of its territories or possessions (the “Eligibility Requirements”). These Terms shall not apply to any individual person wishing to obtain the Service for personal use as a consumer (as defined by applicable consumer protection laws) and no such person shall be entitled to, or to avail themselves of, any rights herein.

BY CLICKING THE “I ACCEPT” BUTTON OR ANY SIMILAR ATTESTATION WHEN SUCH OPTION IS MADE AVAILABLE OR BY OTHERWISE USING THE SERVICE, THE INDIVIDUAL ACCEPTING THESE TERMS ON BEHALF OF CUSTOMER REPRESENTS AND WARRANTS THAT SUCH INDIVIDUAL IS OF LEGAL AGE, COMPETENT, AND DULY AUTHORIZED, IN EACH CASE, TO FORM A BINDING CONTRACT WITH THE COMPANY ON BEHALF OF THE CUSTOMER AND THAT THE CUSTOMER MEETS THE ABOVE ELIGIBILITY REQUIREMENTS, AND FURTHER ACCEPTS AND AGREES ON BEHALF OF THE CUSTOMER TO BE BOUND BY THESE TERMS EFFECTIVE AS OF THE DATE OF SUCH ACTION. THE INDIVIDUAL ACCEPTING THESE TERMS ON BEHALF OF CUSTOMER EXPRESSLY ACKNOWLEDGES AND REPRESENTS THAT SUCH INDIVIDUAL HAS, ON BEHALF OF THE CUSTOMER, CAREFULLY REVIEWED THESE TERMS AND FULLY UNDERSTANDS THE RISKS, COSTS AND BENEFITS RELATED TO USING THE SERVICE.

ANY USER OR VISITOR WHO DOES NOT AGREE TO THESE TERMS, OR WHO DOES NOT MEET THE ELIGIBILITY REQUIREMENTS, IS NOT AUTHORIZED TO USE THE SERVICE AND MUST CEASE USING THE SERVICE IMMEDIATELY.

2. Changes to these Terms

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. All changes are effective immediately when we post them. No changes will apply retroactively as to any claims existing prior to the “last updated” date. It is your responsibility to regularly check these Terms to stay informed of updates, as they are binding. We will indicate that these Terms have been updated by updating the “last updated” date at the top of these Terms. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.

3. Access to the Service and Account Security

Subject to and conditioned on your acceptance of and ongoing compliance with these Terms and your timely payment of all applicable fees, we grant you a non-exclusive, non-transferable right to use and access the Service, solely for your use by and through Authorized Users in accordance with these Terms. “Authorized User” means your employees, consultants, contractors, and agents (i) who are authorized by you to access and use the Service under the rights granted to you pursuant to these Terms and (ii) for whom access to the Service has been purchased hereunder. You are responsible and liable for all uses of the Service resulting from access provided by you, directly or indirectly. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of these Terms if taken by you will be deemed a breach of these Terms by you. You shall use reasonable efforts to make all Authorized Users aware of the provisions of these Terms as applicable to such Authorized User’s use of the Service, and shall cause all Authorized Users to comply with these Terms.

We reserve the right to withdraw or amend the Service, and any service or material we provide on the Service, in our sole discretion without notice. Likewise, we may, in our discretion, and to the maximum extent permitted under applicable law, without liability to you and without limiting our other remedies, with or without prior notice and at any time, limit, suspend, deactivate or cancel your account and take technical and legal steps to prevent you from using our Service at any time and for any reason, including without limitation if we believe you are in violation of these Terms. We will not be liable for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur if for any reason all or any part of the Service is unavailable at any time or for any period, including any such Service suspension. You are responsible for both:

To use certain features of the Service, you may be asked to provide certain registration details or other information to create an account as applicable (“Account”). It is a condition of your use of the Service that all Account information you provide to us through the Service is correct, current, and complete at all times. It is your responsibility to update any Account information when it becomes out-of-date. Any personal data processed by us with respect to your Account will be done so in accordance with our Privacy Policy (as defined below). You agree to notify us immediately of any unauthorized access to or use of any user name or password associated with any Account of Customer or your Authorized Users, or any other breach of security.

4. Changes to these Terms

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

Additionally, you agree not to:

We may, in our sole discretion, take any necessary or desirable actions and/or exercise any of our rights and remedies any time and for any reason without notice in the event you breach these Terms. Any violation of any of the above, including, without limitation, use of the Service in breach of these Terms, may subject you to civil liability, criminal prosecution, and termination of your rights to use the Service.

5. Privacy Policy and Customer Data

Our privacy policy found at https://hirefast.ai/privacy-policy (“Privacy Policy”) describes the ways we collect, use, store, and share data and other information collected through the use of the Service. As between you and us, you own all right, title, and interest, including all intellectual property rights, in and to the information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of you or your Authorized Users (“Customer Data”). You hereby grant us (i) a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display your Customer Data and perform all acts with respect to your Customer Data as may be necessary for us or our service providers to provide the Service, and (ii) a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display your Customer Data as incorporated within data and information related to your use of the Service that is used by us in an aggregate and anonymized manner (“Aggregated Statistics”) for any purpose whatsoever, including without limitation to compile statistical and performance information related to the provision and operation of the Service, and/or to provide, maintain, develop, and improve our Service.

6. Third Party Services and Links

Certain functionality of the Service may incorporate, use, or otherwise depend on services offered by third parties for certain functionalities, as well as provide links to or otherwise incorporate websites, content, resources, or goods/services offerings provided by third parties (collectively, “Third-Party Services”). If any event were to disrupt any functionality dependent on a Third-Party Service, the Service may similarly experience a disruption, and we shall not be responsible or liable for any such disruption. Links to Third-Party Services are provided for your convenience only. We have no control over the contents of Third-Party Services, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access or use any of the Third-Party Services you do so subject to the terms and conditions of the applicable Third-Party Services provider. Company SHALL NOT HAVE AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY IN CONNECTION WITH (AND YOU ACKNOWLEDGE AND ASSUME SOLE RESPONSIBILITY FOR AND ALL RISK ARISING FROM), YOUR ENGAGEMENT WITH, DECISION TO PURCHASE, OR USE OF ANY THIRD-PARTY SERVICES, OR THE GOODS, CONTENT, PRODUCTS, ITEMS, SERVICES, OFFERINGS OR ASSETS AVAILABLE ON OR THROUGH SUCH THIRD-PARTY SERVICES.

7. Intellectual Property Ownership

You acknowledge and agree that we (or, as applicable, our licensors) own all right, title, and interest in and to all elements of the Service, including, without limitation, all graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Service, any communications or materials that you or your Authorized Users may choose to provide to the Company regarding suggestions, recommended changes, comments, questions, new features or functionality, or other feedback related to the Service (“Feedback”), and the Aggregated Statistics (collectively, the “Company IP”). The Company IP is protected by copyright, trade dress, trademark, patent laws, and other relevant intellectual property and proprietary rights and applicable laws. Your use of the Service or any purchase or your purchase from the Service, does not grant you or any third party any intellectual property rights or other right, title or interest in or to the Company IP, whether expressly, by implication, estoppel, reliance or otherwise, all of which are specifically excluded and disclaimed, and we reserve all rights not expressly granted to you under these Terms. You hereby assign to the Company, on your behalf and on behalf of your Authorized Users, all right, title, and interest in any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever and without any requirement of attribution or compensation to any party. Customer will cooperate (and ensure all of its Authorized Users cooperate) in executing any future documents that may be needed to effectuate the foregoing assignment of Feedback to the Company.

8. Sales, Subscriptions and Fees

a. Terms of Sale and Subscriptions

Purchases made through the Service are subject to these sales terms and conditions. You agree you shall pay all invoiced amounts due to Company in US dollars at the time of check-out or as otherwise indicated.

We may, in our discretion, offer you access to the Service on a subscription basis (“Subscription”). In such case, you will be billed in advance on a recurring and periodic basis unless otherwise specified at the time of purchase (“Billing Cycle”). Unless otherwise specified at the time of purchase, Billing Cycles are set on a monthly basis.

At the end of each Billing Cycle, until you or we cancel your Subscription, your Subscription will automatically renew under the exact same conditions, and you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

If we are unable to successfully charge your credit card or payment account for fees due, or invoices are not paid in full when due, we reserve the right to restrict or suspend access to your Account, or terminate your Account (including any Authorized User accounts associated with your Account). If you terminate your Account for any reason or if we terminate your Account due to your breach, such termination will be effective immediately, and you will be immediately billed for any unbilled fees incurred prior to the effective date of termination. You will not receive a refund for any amounts you already paid for that Billing Cycle. Further, you agree to reimburse us for any collection costs and interest for any overdue amounts.

b. Billing

We use a Third-Party Services provider to process payments from you for any charges incurred in connection with your Account(s) on the Service. The processing of payments will be subject to the terms, conditions, and privacy policies of the Third-Party Services payment processor in addition to these Terms. Currently, we use Stripe as our Third-Party Services payment processor. You can access Stripe's Terms of Service at https://stripe.com/legal/consumer and their Privacy Policy at https://stripe.com/privacy. By choosing to make a purchase on the Service, you agree to pay, through the Third-Party Services payment processor or as otherwise authorized by us, all charges at the prices then in effect, and where applicable, you authorize us, through the Third-Party Services payment processor, to charge your chosen payment provider.

c. Prices and Free Trials

All prices, discounts, and promotions posted on this Service or through our Third-Party Service are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation. Price increases will only apply to orders placed after such changes. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Posted prices do not include taxes or charges for shipping and handling. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may, at our sole discretion, offer you access to a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by us until the Free Trial has expired. Please make a note of when your Free Trial will expire as you may not receive additional notice prior to the automatic charge if you do not cancel before the Free Trial period expires. Free Trials are limited to one per customer. If you attempt to register for a second free trial offer, we are authorized to automatically charge your credit card in accordance with these Terms. If you register for a Free Trial, you may be presented with additional terms and conditions when registering, and any such additional terms and conditions are hereby incorporated into these Terms by reference and are legally binding (provided that in the event of a conflict, the terms and conditions in these Terms shall control over such additional terms).

d. Taxes and Transaction Fees

You are responsible for paying all sales, use, value-added, and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority that are associated with your any purchases made in connection with this Service, including through any Third-Party Service.

e. Cancellation

You may cancel your Subscription renewal, and/or you may cancel your Account, either through your Account management page or by contacting our customer support team at [email protected].

9. Service Support

Support is available for the Service solely in accordance with our standard support service practices as they may exist from time to time. We retain the right to change the availability of support and all other conditions applicable to support at any time in our sole and absolute discretion. We will use commercially reasonable efforts in accordance therewith to install updates and bug fixes for the Service from time to time during scheduled maintenance periods and during other maintenance periods designated by us.

10. Disclaimers of Warranties

YOUR ACCESS TO AND USE OF THE SERVICE, AND ANY SERVICE OR PRODUCT PURCHASED THROUGH OUR SERVICE OR A THIRD-PARTY SERVICE, IS AT YOUR OWN RISK. THE SERVICE, AND ANY SERVICE OR PRODUCT PURCHASED THROUGH OUR SERVICE OR A THIRD-PARTY SERVICE, ARE IN EACH CASE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION (i) THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT, (ii) THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, (iii) THAT THE ACCESS TO OR USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL BE COMPATIBLE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (iv) THAT THE SERVICE WILL BE FREE OF HARMFUL COMPONENTS; AND (v) IN RELATION TO THE CONTENT OF ANY THIRD-PARTY SERVICES LINKED TO OR INTEGRATED WITH THE SERVICE. THE COMPANY DOES NOT MAKE AND HEREBY DISCLAIMS ANY REPRESENTATIONS OR GUARANTEES REGARDING UPTIME OR AVAILABILITY OF THE SERVICE.

THE COMPANY MAKES NO WARRANTY OF ANY KIND THAT SERVICE, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS OR ACHIEVE ANY INTENDED RESULT. AS BETWEEN THE PARTIES, THE CUSTOMER IS SOLELY RESPONSIBLE FOR CUSTOMER'S OWN COMPLIANCE WITH LAWS IN THE ORDINARY COURSE OF CUSTOMER'S BUSINESS OPERATIONS (INCLUDING WITHOUT LIMITATION BY DETERMINING, OBTAINING AND MAINTAINING ANY LICENSES, PERMITS OR OTHER REGULATORY APPROVALS IN CONNECTION THEREWITH) AND FOR MONITORING CUSTOMER'S OWN HARDWARE, SOFTWARE AND OTHER EQUIPMENT IN CONNECTION THEREWITH. THE SERVICE IS NOT INTENDED TO AND DOES NOT REPLACE THE NEED FOR YOU TO MAINTAIN REGULAR DATA BACKUPS OR REDUNDANT DATA ARCHIVES. THE COMPANY HAS NO OBLIGATION TO MAINTAIN SUCH REGULAR DATA BACKUPS OR REDUNDANT DATA ARCHIVES AND HAS NO LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION, OR RECOVERY OF CUSTOMER DATA. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Use of Machine Learning; Customer Responsibility for Customer Employment Matters

Through Company's proprietary algorithms, the Service utilizes proprietary algorithms (i.e., computational processes) derived from machine learning, data analytics, and artificial intelligence to generate proprietary score, classifications, and/or categorizations of one or more individuals' skill sets and/or aptitudes with respect to identified subject matters and proficiencies. The Service may assist, but is not intended to and should not be used to overrule or replace, Customer's independent assessment and judgment, and discretionary decision-making, in connection with any actual or prospective candidate's suitability for, or likelihood of success with respect to, any employment, opportunity, or engagement. You must independently evaluate all outputs of the Service for appropriateness for your use case, including using human review as appropriate, before using or sharing any outputs of the Service, and you should not rely on outputs from the Service as a sole source of truth or factual information or as a substitute for professional advice. CUSTOMER IS SOLELY RESPONSIBLE AND ASSUMES, AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW THE COMPANY HEREBY DISCLAIMS, ALL RISK AND LIABILITY ARISING FROM ALL EMPLOYMENT-RELATED DECISIONS, DETERMINATIONS, ACTS, OMISSIONS, AND PRACTICES OF THE CUSTOMER, INCLUDING WITHOUT LIMITATION THE CUSTOMER'S DECISION (OR FAILURE) TO SCREEN, INTERVIEW, EMPLOY, CONTRACT OR OTHERWISE ENGAGE OR TRANSACT WITH ANY ACTUAL OR PROSPECTIVE EMPLOYEE, INDEPENDENT CONTRACTOR, SERVICE PROVIDER OR OTHER THIRD PARTY, WHETHER THROUGH OR IN CONNECTION WITH THE SERVICE OR OTHERWISE (COLLECTIVELY, "CUSTOMER EMPLOYMENT MATTERS").

12. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOU AGREE AS FOLLOWS:

(a) IN NO EVENT WILL COMPANY, ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND ITS LICENSORS (COLLECTIVELY, “COMPANY PARTIES”) BE LIABLE FOR (i) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER, OR (ii) ANY DAMAGES FOR LOSS OF ANY DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS, IN ANY CASE WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR CONNECTED WITH ACCESS OR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE FOLLOWING: (I) ANY UNAUTHORIZED USE OF THE SERVICE; (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN THE SERVICE (REGARDLESS OF THE SOURCE OF ORIGINATION); (iii) ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; OR (iv) THEFT, TAMPERING, OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, DATA OR CONTENT OF ANY KIND;

(b) IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OR LIABILITIES OF ANY KIND, UNDER ANY LEGAL THEORY, EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY UNDER THESE TERMS IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSIVE OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION, SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

13. Indemnity

You agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature relating to third party claims arising out of (i) any actual or alleged breach of these Terms by you or any Authorized User or anyone using an Account of yours or any of your Authorized Users, (ii) your Customer Data, (iii) your use of any information obtained from the Service, and (iv) Customer Employment Matters. If we assume the defense of such a matter, you shall reasonably cooperate with us in such defense.

14. Governing Law and Dispute Resolution

The Terms shall be governed by and interpreted in accordance with the laws of Delaware without regard to conflict of law principles. All disputes, claims and actions, at law or in equity, in connection with the Terms or the breach, termination, enforcement, interpretation or validity thereof, use of the Service (collectively, “Disputes”) shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Wilmington, DE before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.

You have the right to opt-out and not be bound by these arbitration and waiver of class action provisions by sending written notice of your decision to opt-out to [email protected] within thirty (30) days of your earliest use or access of the Service.

Subject to the above arbitration provisions, you and Company agree that all Disputes shall be settled in the federal or state courts located in Wilmington, DE, and each of us agrees that such courts shall have exclusive jurisdiction and venue for any such actions. Notwithstanding anything to the contrary, Company also may seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party.

15. Class Action Waiver

EXCEPT WHERE PROHIBITED UNDER APPLICABLE LAWS, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THE ARBITRATION AGREEMENT IN SECTION 14 ABOVE MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.

16. Notice

Notices from one party to any other party must be in the English language and must be reasonably detailed. Notices shall be effective on the date on which the notice is delivered to the notified party’s authorized email address or as published by Company as described herein. Until you receive notice of a different email address from us, Company’s authorized email address for all purposes of these Terms shall be the following: [email protected].

17. Miscellaneous

a. No Waiver of Rights

The failure by us to enforce any right or provision of these Terms shall not prevent any party from enforcing such right or provision in the future. No waiver by a party of any of the provisions of these Terms is effective unless explicitly set forth in writing and signed by such party. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

b. Severability

If any provision of these Terms is found to be unlawful or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the enforceability of any other provisions.

c. Assignment

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You shall not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves either party of any of its obligations under these Terms.

d. Entire Agreement

These Terms constitute the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter.

e. Interpretation

The headings of the sections and subsections contained in these Terms are included for reference purposes only, solely for the convenience of the parties, and shall not in any way be deemed to affect the meaning, interpretation or applicability of these Terms or provision hereof. When the context requires, the plural shall include the singular and the singular the plural; and any gender shall include any other gender. All references to “including” or “includes” or any variation thereof shall be deemed to include the terms “without limitation”. The words “hereunder,” “hereof,” “hereto” and words of similar import shall be deemed references to these Terms as a whole. To the extent not prohibited by applicable law, these Terms shall not be construed against the party who drafted these Terms.

Copyright © 2024 HireFast Inc. All rights reserved.

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