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TruTalent® Terms of Service


These Terms of Service (these “Terms”) constitute a legally binding agreement between you (“End User,” “you” or “your”) and Human eSources, Ltd. (“Human eSources®,” “we,” “our” or “us”) and govern your use of the TruTalent® service and related content (collectively, the “Services” or “TruTalent”) available through our website  (the “Application”). 

Please review these Terms carefully as they contain important details about your relationship with Human eSources. These Terms include provisions that restrict Human eSources’ liability in the event that something goes wrong and your agreement to resolve disputes with Human eSources through arbitration and without resorting to class action litigation or jury trial. 

By checking the "I ACCEPT" button, you (a) acknowledge that you have read, understand, and agree to be bound by these Terms and (b) you have the authority to enter into these Terms. If you do not agree to these Terms, do not click “I ACCEPT”.

We reserve the right to make changes to these Terms, our Services and our related policies at any time. All changes will be effective upon posting and your continued use of the Services. 

Not Responsible for Employment Decisions Made by Employers/Recruiters

You acknowledge and agree that while TruTalent assists employers and recruiters to match with qualified applicants for employment, TruTalent is not responsible for employment decisions made by such employer or recruiter, which are the sole responsibility of such employer/recruiter. TruTalent solely provides a curated list of candidates based on a comparison of the assessed TruTalents® and qualifications stated in a resume versus job qualifications that have been provided by the applicable employer or recruiter. Employer and recruiter users of TruTalent are contractually required by Human eSources to have human involvement and exercise their independent judgment in all decision-making. You agree to hold Human eSources harmless from any employment decision made by any employer/recruiter.  

Your Account

As part of our registration process, you will establish an account (“Account”) by providing your full name and email address and choosing a password.

You may not share your login or password with any person or third party, authorize any person or third party to use such login or password, provide false information, or impersonate another person in your registration information. Failure to comply with the foregoing shall constitute a breach of these Terms. We reserve the right to refuse registration of‚ or cancel an Account in our sole discretion for any or no reason, including, if, in our opinion, you have violated any provision of these Terms.

You are responsible for all usage or activity on your Account and maintaining the confidentiality of your password. If you know or suspect any unauthorized use of your Account, notify us at support@trutalent.com.

If you fail to keep your Account information current, complete and accurate, you acknowledge that we may not be able to contact you and accurately provide you with our Services.  For job seekers, you can update your information through the Account management page available in the Application. For Employers/Recruiters you can update your information through the Your Profile page available in the Application.

Term and Termination

The term of our agreement commences when you complete creation of your Account and acknowledge acceptance of these Terms, and will continue in effect until terminated by you or us as set forth in this Section.

Your access to the Application and the Services will terminate immediately upon termination of your Account.  You may delete your Account at any time.

Human eSources may also terminate your Account and your access to the Application and the Services at any time without notice if you violate any of these Terms or if Human eSources ceases to support the Application or the Services, which Human eSources may do in its sole discretion. Upon termination all rights granted to you under these Terms will also terminate and you must cease all use of the Application and the Services.

Upon any termination, discontinuation, or cancellation of the Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, provisions related to ownership, disclaimers of warranties, limitations of liability, indemnification and arbitration/dispute resolution.

Collection and Use of Your Information

Please refer to the TruTalent Privacy Policy, available at TruTalent.com to learn how Human eSources collects information about you through the Services and Application and how it uses and shares that information.

Beta Services

From time to time, Human eSources may notify, invite, or otherwise make available to you, at your option, certain Beta Services for your evaluation at no additional charge. “Beta Services” means all services or functionality designated as preview, beta, pilot, demo, limited availability, joint development, sandbox/testing, developer preview, non-production, evaluation, or similarly described “pre” or early-release software, services, and/or functionality. You, in your discretion, may elect to try such Beta Services as such services are intended for evaluation purposes, are not for production use and are not supported. You may be required to agree to additional terms as a condition to accessing or using the Beta Services. Beta Services are provided on an “AS IS” basis (without any express or implied representations, warranties or indemnities) and not considered “Services” under these Terms; provided, however, that all restrictions concerning the Services and Human eSources’ reservation of rights and your obligations, shall apply to Customer’s use of any Beta Services. The time period for which a Beta Service is made available for access or use by you may vary and, unless otherwise stated, any Beta Services trial period will expire upon the earlier of one (1) year from the trial start date, the date that a version of the Beta Services becomes generally commercially available without an evaluation designation, or the date that Human eSources decides, in its sole discretion, to discontinue your access to the Beta Services. Human eSources may discontinue any or all Beta Services at any time in its sole discretion and may never make them generally available. Human eSources will have no liability for any harm, damage, or claim arising out of or in connection with any Beta Service.

Updates

Human eSources may from time to time in its sole discretion develop and provide updates to the Services and the Application, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality of the Services and the Application. You agree that Human eSources has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Third Party Content and Websites

The Services may display, include, or make available third-party content (such as job postings) or provide links to third-party websites or services, including those of employers or recruiters ("Third-Party Materials"). You acknowledge and agree that Human eSources is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Human eSources does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. You access and use Third-Party Materials entirely at your own risk and subject to such third parties' terms and conditions.

Reservation Of Rights / Ownership of Intellectual Property

You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto, other than to use the Services in accordance with and subject to all terms, conditions, and restrictions of these Terms. Human eSources reserves and shall retain its entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto.

Other than User Content, all materials contained on the Services (including all photographs‚ images‚ text‚ graphics‚ audio clips, software‚ source code and other aspects thereof‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of our Services) are the copyrighted property of Human eSources or our third-party licensors.

All trademarks, service marks and trade names, including, but not limited to, the Human eSources marks (including “TruTalent”), as well as the marks of our suppliers or other third parties (such as those of employers or recruiters on the Services, are proprietary to Human eSources or the applicable owner of the mark and are protected by state, federal and international trademark laws.

No materials from our Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our prior express written permission or the permission of the applicable owner. The content and information posted by us on our Services may be used by you only for informational, personal, or other purposes authorized by us. You agree not to circumvent or attempt to circumvent any security measures associated with our Services and you are not permitted to use any automated technology to scrape the content of our Services.

You may not use any content on our site, including User Content uploaded by any user, to train, develop, test, improve or otherwise contribute to any machine learning, artificial intelligence, or similar technologies without our express written permission.

We always appreciate your feedback or other suggestions about our Services, including, without limitation, ideas for additional services and products, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

Responsibility For Your Content

“User Content” means any and all content uploaded, posted, emailed or otherwise transmitted via or to the Services or otherwise, including all resumes and other employment-related content you may submit as well as any other data, profile information, documents, text, software, applications, photographs, graphics, videos, messages, comments, questions, answers or other materials.  You are solely responsible for all User Content that you upload, post, email or otherwise transmit via or to the Services.

Human eSources provides the Services as an employment recruiting platform only. Human eSources is not liable for any statements, representations or User Content provided by you or any other user in in any job posting uploaded by any other user, including, without limitation, an employer or recruiter.

The Services provide access to the TruTalent job board. The User Content you submit should be suitable for the job board and should follow the guidelines set forth herein. By submitting User Content to TruTalent Recruit, you represent and warrant that:

  • You understand you are participating in a public job recruiting platform and that your User Content may be available to employers and recruiters as further described in the TruTalent Privacy Policy;
  • You are the author and owner of the intellectual property or have the necessary licenses, rights, consents and permissions to use and authorize Human eSources to use all intellectual property and other rights thereto to enable inclusion and use of your User Content in the manner contemplated by the Services and these Terms; and
  • All "moral rights" that you may have in your User Content have been voluntarily waived by you.

Human eSources reserves the right to not post User Content or to withdraw posted User Content for any reason. User Content will be excluded if it violates provisions in these Terms regarding submission of User Content.

For User Content that you submit, you grant Human eSources and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings. This license will survive the termination of your use of the Services as described above.

Acceptable Use Policy

This Acceptable Use Policy is an integral part of these Terms and describes prohibited uses of the Services. We may in our sole, reasonable discretion determine whether a use of the Services is a violation of this Acceptable Use Policy. To the extent we are aware of a violation of this Acceptable Use Policy, we may take all actions that we deem appropriate to address the violation, including, without limitation, suspension or termination of your Account.

You may not use the Services to:

  • Use any process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
  • Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services;
  • Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part of the Services;
  • Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof;
  • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time;
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
  • Frame, mirror, or otherwise incorporate the Services or any portion of the Services as part of any other mobile application, website, service;
  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services;
  • Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services;
  • Violate any applicable state, federal, or international law, regulation, or other governmental requirement and/or regulation, treaty or tariff or use the Services for any illegal purpose or to support criminal activity;
  • Infringe or misappropriate the intellectual property rights of others, including, but not limited to, posting copyrighted materials without appropriate permission, posting or distributing trade secret information of others in violation of a duty of confidentiality or using trademarks of others without appropriate permission or attribution;
  • Provide false information in connection with your Account or impersonate others (including Human eSources employees);
  • Send, distribute or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
  • Send or post User Content that would be considered to be harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously discriminatory or offensive, abusive, tortious, threatening or harassing to any individual or legal entity;
  • Engage in any other activity that we reasonably deem improper or abusive; or
  • Assist or permit any persons in engaging in any of the activities described above.
  • Engage in, or attempt to engage in “prompt injection”, “jail breaking”, “adversarial prompting” or any method designed to bypass our security protocols, content filters, or system instructions.

We reserve the right, but are not obligated to (except as required by applicable law), report any illegal activity to any and all regulatory, administrative and/or governmental authorities for prosecution.

Any complaints regarding violations of this Acceptable Use Policy should be directed to support@trutalent.conm.

DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, HUMAN eSOURCES, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, HUMAN eSOURCES PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HUMAN eSOURCES OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR:

a.  PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

b.  DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR HUMAN eSOURCES WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

California Residents: California residents assume the above mentioned risks and agree that their release shall apply to all unknown or unanticipated results of the occurrences described above, as well as those known or anticipated, and such users hereby knowingly waive any and all rights and protections under California Civil Code Section 1542, which section reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Indemnification

You agree to indemnify, defend, and hold harmless Human eSources and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Services or your breach of these Terms, including but not limited to the User Content you submit or make available through the Services.

DISPUTE RESOLUTION (INCLUDING MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER).

PLEASE READ THIS SECTION CAREFULLY. Except as expressly provided below, any dispute, claim, or controversy between you and Human eSources relating in any way to these Terms or your use of the Services—irrespective of when that dispute, claim, or controversy arose—will be resolved solely by binding arbitration on an individual basis, rather than in court. By agreeing to arbitration, you and Human eSources waive any right to a jury trial and agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding.

(i)  Exceptions; Small Claims; Court Venue if Unenforceable.

This arbitration agreement and class action waiver are subject to the following limited exceptions: If a claim is within the jurisdiction of small claims court, either party may, instead of arbitration, choose to take the claim to small claims court in the county of your residence or in closest proximity to your residence. If this arbitration agreement is for any reason held to be unenforceable, any litigation between you and Human eSources (except for small claims court actions) may be commenced only in a federal or state court located within Hartford County, Connecticut, and you and Human eSources each consent to the jurisdiction and venue of those courts for such purposes.

This arbitration agreement and class action waiver do not apply to any disputes or claims already filed and currently pending as of the effective date of these updated Terms. For matters pending as of that date, this updated agreement and waiver will not alter the rights and obligations that currently exist, and those matters may or may not be subject to arbitration under the agreements applicable to those matters.  This arbitration agreement also does not cover disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property.

(ii)  Informal Dispute Resolution; Right to Opt Out.
The parties acknowledge that resolving disputes through good-faith, informal discussions frequently leads to swift, cost-effective, and mutually advantageous results.  Before commencing an arbitration or asserting a claim in small claims court, the party seeking to initiate a claim (“claimant”) must give written notice to the other party (“respondent”) and participate in an informal conference.

To notify Human eSources that you intend to initiate informal dispute resolution, you must send an email to support@trutalent.com providing: your full name; the email address and mailing address associated with your account; your counsel’s name and contact information, if represented; and a brief description of your claim(s) and the relief sought. To notify you that Human eSources intends to initiate informal dispute resolution, we will email you at the email address on file and provide a brief description of our claim(s) and the relief sought, and our counsel’s name and contact information, if applicable.

The parties will then personally meet and confer, (which may be through conference call or videoconference), in a good faith effort to informally resolve any claim covered by this arbitration agreement. If either party is represented by counsel, that party’s counsel may participate. All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding, provided that evidence otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the informal process. The informal dispute resolution conference shall occur within sixty (60) days of receipt of the written notice, unless an extension is mutually agreed upon. If, after participating in that conference, the parties have been unable to resolve the dispute, the claimant may commence an arbitration or assert a claim in small claims court in accordance with this arbitration agreement. Any statute of limitations will be tolled while the parties engage in this informal dispute resolution process.

(iii)  Right to Opt Out of Arbitration.
You may opt out of this arbitration agreement within 30 days of the date you first accept these Terms by sending a personally signed notice to support@trutalent.com stating your full name, the email and mailing address associated with your account, and your intent to opt out. Opting out does not affect other provisions of the Terms. If you opt out, neither you nor Human eSources can require the other to participate in arbitration.

(iv)  Governed by FAA.
This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) in all respects, including its procedural provisions. The FAA governs the interpretation and enforcement of this arbitration agreement and all of its provisions, including the class action waiver. You and Human eSources agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.

(v)  Arbitration Generally; Relief Available.
There is no judge or jury in arbitration, and court review of an arbitration award is limited pursuant to the FAA. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief if authorized by law and warranted by the individual claim(s).

(vi)  Administrator; Rules; Hearings.
Any arbitration will be administered by JAMS in accordance with its Streamlined Arbitration Rules & Procedures and, if applicable, its Mass Arbitration Procedures and Guidelines in effect at the time the arbitration is filed, except as modified by these Terms.

In accordance with the JAMS Mass Arbitration Procedures and Guidelines, a “Mass Arbitration” is defined as 75 or more similar demands for arbitration filed against the same party or related parties by individual claimants represented by either the same law firm or law firms acting in coordination. A Mass Arbitration will be administered in accordance with the JAMS Mass Arbitration Procedures and Guidelines, except as modified by these Terms.

JAMS may designate a Process Administrator to hear and determine preliminary and administrative matters necessary to ensure the orderly and efficient resolution of Mass Arbitration claims, consistent with these Terms, procedural fairness, and the integrity of the arbitration process. The JAMS Mass Arbitration Procedures and Guidelines are intended to facilitate the fair, expeditious, and efficient resolution of Mass Arbitrations and do not convert traditional, individual arbitrations into representative or class arbitrations.

Notwithstanding any conflicting provisions in the JAMS rules or procedures and the FAA’s governance, arbitrator selection will proceed in accordance with applicable law, including without limitation Cal. Civ. Proc. Code §§ 1281.9, 1281.91(b)(1), to the extent applicable. In the event of a claim seeking equitable relief (including injunctive relief), the arbitrator shall bifurcate the proceeding and rule on liability first, before conducting any proceedings (including discovery) related to the appropriate relief.

Unless applicable law or procedural fairness requires otherwise, the arbitration proceeding and all records pertaining to it—including any documents prepared or produced, the hearing, and the arbitration award—will be confidential and not disclosed to any third-party, except as necessary to obtain court confirmation of the arbitration award or to comply with applicable law or legal process. Any in-person hearing will take place in the county of your residence, unless the parties agree otherwise.

(vii)  Commencing an Arbitration; Notices.
A party who has complied with the informal dispute resolution provisions and wishes to start arbitration must submit a Demand for Arbitration and a copy of these Terms to the administrator and give notice to the other party. If the notice is being sent to Human eSources, it must be emailed to support@trutalent.com. If the notice is being sent to you, it will be sent to the email address on file for you. Notices and demands must be personally signed by the party (and counsel, if represented) and certify compliance with the Informal Dispute Resolution requirements above.

(viii)  Arbitration Fees and Costs.
If you commence an arbitration in accordance with these Terms, you will be required to pay JAMS’s $250 filing fee. You will not be responsible for paying any other fees for the arbitration, other than the filing fee; all other fees or expenses charged by the administrator will be paid by Human eSources (unless the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose). Further, if the administrator determines that you are unable to pay any part of the filing fee, Human eSources will pay that part as well.

When a Mass Arbitration is filed pursuant to these Terms, the parties agree to pay the administrator’s initial filing fee as set forth in the applicable Mass Arbitration Procedures Fee Schedule. If that schedule applies, the most that consumers, in the aggregate, may be required to pay is $2,500. Human eSources will pay all other applicable fees and costs. The administrator has discretion to modify the amount or timing of any fees due under any applicable rules or fee schedules, and the parties agree not to oppose any such modifications—provided that such modifications do not increase the fees to either party.

You are responsible for your own attorneys’ fees; Human eSources will not pay any attorneys’ fees unless ordered to do so by the arbitrator.  In cases where a statute gives you the right to recover attorneys’ fees if you prevail, the arbitrator may award attorneys’ fees pursuant to that statute.

(ix)  Delegation; Interpretation.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to the extent permitted by law to resolve disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable; provided that a court will decide disputes about which particular version of the Terms you agreed to and any issues that cannot, under applicable law, be delegated to an arbitrator. This arbitration agreement is intended to be broadly interpreted and will survive termination of the Terms.

(x)  Limited Right to Appeal Injunctive Relief.
Court review of the arbitrator’s decision is limited pursuant to the FAA. Notwithstanding that, any party may—within 21 days of the arbitrator’s decision—appeal the arbitrator’s grant or denial of injunctive relief to JAMS, to a panel of three JAMS arbitrators, pursuant to the JAMS Optional Arbitration Appeal Procedure. The JAMS appeal panel will consist of three arbitrators who are either (a) retired state or federal judges or (b) licensed attorneys with at least 20 years of active litigation experience and substantial expertise in the substantive laws applicable to the subject matter of the dispute. The appeal panel will conduct a de novo review of the arbitrator’s decision on injunctive relief. Except as provided in the FAA, there will be no right of appeal from the JAMS appeal panel’s decision. Decisions not involving injunctive relief may not be appealed under this subsection.

(xi)  Class Action Waiver and Jury Trial Waiver.
To the fullest extent permitted by law, you and Human eSources agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and Human eSources waive any right to bring or to participate in such an action in arbitration or in court. You and Human eSources also waive the right to a jury trial.

(xii)  Severability; California-Specific Terms.
If any portion of this arbitration agreement, including the class action waiver, is found unenforceable as to particular claims or forms of relief, those claims or requests for relief shall be severed and decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated to the fullest extent permitted by law. In jurisdictions where a waiver of public injunctive relief is unenforceable, claims seeking public injunctive relief may proceed in court after arbitration of all arbitrable claims. To the extent required by applicable law (including in California), representative claims brought under the Private Attorneys General Act (PAGA) on behalf of others will proceed in court; any individual PAGA claims may proceed in arbitration if permitted by law.

(xiii)  Governing Law and Jurisdiction (Outside Arbitration).
These Terms are governed by and construed in accordance with the internal laws of the State of Connecticut, without giving effect to any choice or conflict of law provision or rule, except that the FAA governs the arbitration agreement as specified above. Any legal suit, action, or proceeding arising out of or related to these Terms that is permitted to proceed in court pursuant to this section shall be instituted exclusively in the federal or state courts located in Hartford County, Connecticut, and you waive any and all objections to the exercise of jurisdiction and venue in such courts.

Notice to California Consumers.

Under California Civil Code Section 1789.3, California members are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Entire Agreement

These Terms, and our TruTalent Privacy Policy, constitute the entire agreement between you and Human eSources with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.

Intellectual Property Infringement Claims

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to support@trutalent.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material on our Services.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to support@trutalent.com. Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Application was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Severability

If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, the terms of these Terms shall govern.

Notices; Electronic Communications

We may provide notices to you under these Terms by email to the address associated with your Account or by posting within the Services.  You consent to receive notices electronically.  Legal notices to Human eSources must be sent to the address provided below with a copy to support@trutalent.com.

Human eSources, Ltd.
PO Box 232
Marlborough, CT 06447
United States