User Agreement

Dispute Resolution

(22) Binding Arbitration of All Disputes; No Class Relief; Notice to California Residents

We ask you to please read the following Section carefully because if you are a resident of the United States of America. It may significantly affect your rights, including your right to file a lawsuit in Court and have a jury hear your claims. Depending on your place of residence, the terms below may not apply to you, it contains procedures for mandatory binding arbitration on an individual basis and class action waiver.

(I) US Residents

Overview of Arbitration Covenant. You and ResumeHelp mutually acknowledge and agree that any disagreements, claims, controversies, or disputes not resolved informally as set forth below—whether connected directly or indirectly to the Terms, the ResumeHelp’s services, products, including any aspect of delivery, usage, access (or lack thereof), or purchases made from ResumeHelp (collectively, “Dispute”) will be addressed through individual, final, and binding arbitration. This holds regardless of when the issue emerged or the legal theory it is based upon, be it contract, warranty, tort, or any statutory or regulatory framework or any other legal or equitable basis, shall be resolved exclusively through final and binding individual arbitration, rather than in Court. By entering into this agreement, both parties agree and acknowledge to renounce any right to trial by jury and consent that any claims and or Disputes will be presented in an individual manner only, and not as a plaintiff or class member in any purported class or representative proceeding. For purposes of this section “Dispute” shall be given the broadest possible meaning allowable under law.

(a) Initial Dispute Resolution Process. There may be times when a dispute arises between you and ResumeHelp. The initiating party is shall first attempt to resolve the Dispute in good faith by sending a detailed written notice to the other party. This notice should outline the underlying facts and circumstances of the Dispute and include any pertinent documentation. Notice from you must be sent to legal@hiringproducts.com or the mailing address provided in the “Contact Us” section of this User Agreement. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then, we have no obligation under this section. For a period of at least sixty (60) days prior to initiating an arbitration, you and ResumeHelp each agree to engage in a dialogue and make good faith efforts in an attempt to resolve the Dispute. Notwithstanding, neither party shall be compelled to agree to terms or to resolve the Dispute on terms if either you or us, in each of our sole discretion, are uncomfortable.
This Initial Dispute Resolution process must be completed before either party can initiate arbitration, and both parties agree and acknowledge that completing this step is a prerequisite for moving forward with arbitration.

(b) Exceptions to Arbitration. Any Dispute involving you and ResumeHelp must be resolved through binding, individual and final arbitration, unless both you and ResumeHelp agree to submit the Dispute to arbitration pursuant to the procedures set forth in this binding arbitration agreement. Both you and ResumeHelp agree and acknowledge that the following Disputes will be settled in a court with competent jurisdiction, unless an agreement is made to arbitrate the Dispute as detailed in this arbitration agreement:

(i) Any Dispute to seek to enjoin infringement or other misuse of intellectual property rights

(ii) Any individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court and if the action or proceeding is brought and maintained as an individual action or proceeding and not as a class, representative, or consolidated action or proceeding;

(iii) cases where the only relief sought is injunctive relief (including public injunctive relief); or

Litigation for these specified types of Disputes (except for small claims court actions) may be only initiated in a federal or state court located within New York, NY. Both parties’ consent to the jurisdiction of any federal or state court located within the jurisdiction of New York, NY for the litigation of these matters. You and we each consent to the jurisdiction of those courts for such purposes. Regardless of whether these types of Disputes are resolved by a court or through arbitration, they are still subject to the class action waiver provision set in this Section 22(e).

(c) Arbitrating Disputes. Following the completion of the Initial Dispute Resolution process, any unresolved Disputes will proceed to final, individual, and binding arbitration. To the fullest extent permissible by law, with the exception of Disputes pertaining to our intellectual property rights and those expressly enumerated exceptions in Section (b) above, any Dispute of any kind between you and ResumeHelp arising out of or relating to this User Agreement shall be resolved through final, individual, binding arbitration. The arbitration will be conducted by JAMS an established alternative disputes resolution provider pursuant to the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) in effect the date the arbitration is filed (those rules are to be incorporated by reference into this section). Arbitration will be conducted by a single arbitrator and the language to be used in the arbitral proceedings will be the English language. If arbitration pursuant to the JAMS Rules is unavailable or not possible for any valid reason, any remaining Dispute after the Initial Dispute Resolution process shall be conducted by, and according to, the rules and regulations then in effect of the American Arbitration Association (AAA). Either you or we may initiate arbitration of a Dispute upon completion of the Initial Dispute Resolution process for that Dispute.
You and ResumeHelp mutually agree that the arbitrator, and not any federal, state, or local court or agency, shall be empowered and have exclusive authority to resolve all Disputes arising out of or relating to the applicability, enforceability, existence, formation, interpretation, scope, or validity of this Agreement to Arbitrate (or any part of it), or of this User Agreement, including, but not limited to, any claim or Dispute (except as specifically outlined above) that any part or all of this Agreement to Arbitrate or this User Agreement is void or voidable. You and ResumeHelp, further acknowledge and agree that if either you or we disagree about whether any portion of this Section 22 is arbitrable or whether it applies to the Dispute, the parties agree and understand that the arbitrator will have the authority decide that Dispute. Notwithstanding the foregoing, both parties agree that any issue concerning the validity of the class action waiver contained in this Agreement to Arbitrate must be decided by a court of competent jurisdiction, and the arbitrator does not have authority to consider the validity of the class action waiver. Both parties understand, acknowledge, and agree that we are waiving our right to sue or go to court to assert or defend our rights, except as set forth herein.

The Arbitration proceedings shall be conducted by only one (1) arbitrator who will adhere to the JAMS Rules. Judgement rendered by the arbitrator can be enforced in any court with authority over you and us. All arbitrations under this agreement will proceed solely on an individual basis; group arbitrations and class actions are explicitly prohibited. By accepting this User Agreement, both parties, you and ResumeHelp relinquish the right to a jury trial and agree not to engage or initiate any mass, class-based lawsuits or arbitrations.

Arbitration involving a US resident will normally occur in-person in the user’s hometown or in New York, NY, unless both parties agree to an alternative arrangement. You may choose to have the conducted by telephone or videoconference or allowing the arbitrator to resolve the dispute without a hearing. The arbitrator may also choose a different location if it better accommodates both parties. For User’s residing outside of the United States of America, the Parties acknowledge and agree that arbitration proceedings will be held in New York, NY.

(d) Costs related to Arbitration. The payment of all arbitration fees (including filling administration, and hearing fees), arbitrator costs and expenses will be governed by the applicable JAMS Rules. However, should these costs and expenses under those rules prove significantly more onerous than court procedures, ResumeHelp will cover the necessary amounts as determined by the arbitrator to ensure arbitration does not exceed the cost of court proceedings, subject to potential reimbursement as noted below.

Each party shall bear its own legal costs, attorneys’ fees, and expenses in the arbitration. ResumeHelp will not be liable and will not pay for your attorney’s fees or expenses unless explicitly ordered by the arbitrator. It’s important to note that if a statute or legislation allows you to recover attorney’s fees upon winning, the arbitrator has the authority to award these fees accordingly. By submitting a Dispute to arbitration, you (and your legal representative represent) that, as in court they are complying with the requirements set forth in Federal Rule of Civil Procedure 11.

For those Disputes that the arbitrator determines to be frivolous, (either entirely or in part), or initiated for improper reasons, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution, as defined by the Federal Rule of Civil Procedure 11, you agree to reimburse ResumeHelp for all arbitration-related costs, expenses and fees initially covered by us. In assessing whether the Dispute is frivolous, the arbitrator will consider if ResumeHelp has offered you a full refund of the sum you paid to us for services provided by us or has offered full relief in relation to your individualized claim. If, after the case concludes, the arbitrator determines that your Dispute was not frivolous, we will refund any reasonable filing fees that you incurred and paid. Judgment on the arbitration award may be entered in any court that has jurisdiction. The arbitration award may be enforced in any court with jurisdiction.

(e) CLASS ACTION WAIVER AND REPRESENTATIVE CLAIMS. By the maximum extent allowed by law, you and ResumeHelp acknowledge and agree to resolve the Dispute ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS PLAINTIFF OR PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). You and ResumeHelp AGREE TO FORGO THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. Both you and ResumeHelp EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM (whether arbitration, court, or otherwise). For Disputes within the scope of arbitration, THE ARBITRATOR IS NOT AUTHORIZED AND DOES NOT HAVE THE AUTHORITY TO COMBINE, CONSOLIDATE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR AWARD RELIEF TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Additionally, both parties agree that the ARBITRATOR MAY NOT CONSOLIDATE ARBITRATION PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS. THE ARBITRATOR MAY NOT PRESIDE OVER ANY FORM OF A CLASS ACTION. To avoid uncertainty or any doubts, the waiver of the right to bring claims in or otherwise participate in a class, representative, or consolidated action or proceeding set forth herein does not prevent you from seeking public injunctive relief in an individual capacity to the extent otherwise authorized by law.

IN A COURT OF COMPETENT JURISDICTION FINDS THE CLASS ACTION WAIVER TO BE LIMITED, VOIDED, OR UNENFORCEABLE, AND UNLESS YOU AND RESUMEHELP MUTUALLY AGREE OTHERWISE, THE PARTIES’ ARBITRATION AGREEMENT, WILL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING AS LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION.

Should a court rule that Section 22(e)’s limitations are invalid or unenforceable, any putative class, private attorney general, or collective, consolidated or representative action must be brought in a court of competent jurisdiction and not through arbitration.

(f) Opt-Out. You have the right to opt-out of being subject to the final, binding, individual arbitration proceedings by sending a written notice of your decision to opt-out to:

Hiring Products, ltd.
2nd floor Innovation house, 46 Reid Street,
Hamilton HM 12, Bermuda

If you do so, neither you nor ResumeHelp can force the other to arbitrate. This notice must be mailed to ResumeHelp within thirty (30) days of your agreement to these Terms; failing to do so will obligate you to resolve disputes on a non-class basis through final, binding, and individual arbitration pursuant to this Agreement. Opting out of the arbitration provisions does not affect the class action waiver, which will remain in effect. You may not opt-out of only the class action waiver and not also the arbitration provisions. If you choose to opt-out of the arbitration provisions, or if you opt-out of both the arbitration and the class action waiver provisions, the ResumeHelp will also not be bound by them.

(g) Miscellaneous. We will notify you of any significant updates to this Arbitration Agreement and/or the class action waiver. Such notification may occur posting revised terms on the Site, unless otherwise restricted by law. It is your responsibility to check periodically for any changes we may make to this User Agreement. Following any such updates, you will have thirty (30) days to choose to opt-out of the updated arbitration provisions and/or class action waiver, in line with the previously mentioned conditions. If any part of these arbitration provisions is found to be invalid or unenforceable, it will not affect the validity of the remaining sections of the arbitration provisions or the class action waiver provision.

The arbitrator alone will have the authority and be empowered to determine the applicability, scope, and enforceability of this Arbitration Agreement, including whether any Dispute fall within its scope, excluding any issues related to the class action waiver. Should the arbitration agreement or class action waiver be declared unenforceable for any reason, subsequent litigation against us (aside from small claims courts) must be initiated in either federal or state court in New York, NY. Both parties hereby agree to the jurisdiction of these courts for such proceedings.

In the event any part or parts of this User Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that, unless it materially affects the entire intent and purpose of this User Agreement, the invalidity, voidness, or unenforceability shall affect neither the validity of this User Agreement nor the remaining provisions herein (except as set forth above with respect to the class action waiver), and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision.

(II) Non-Us Residents

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to ResumeHelp or this Agreement, then you and we agree to send a written notice to the other providing a reasonable description of the Section 22(II) Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 22(II). Your notice to us must be sent to us at foreigndispute@hiringproducts.com. For a period of sixty (60) days from the date of receipt of notice from the other party, ResumeHelp and you will engage in a dialogue in order to attempt to resolve the Section 22(II) Dispute, though nothing will require either you or ResumeHelp to resolve the Section 22(II) Dispute on terms either you or ResumeHelp, in each of our sole discretion, are uncomfortable with. Nothing in this Section will prevent a party from pursing their claims in court or another complaint process.

(III) Notice to California Residents

Pursuant to Section 1789.3 of the California Civil Code, California residents are entitled to the following consumer rights notice: This Site is operated by Hiring Products Ltd. If you have a question or complaint regarding the Site, please contact Customer Service at support@hiringproducts.com. You may also contact us by writing us at Hiring Products Ltd., 2nd Floor Innovation House, 46 Reid Street, Hamilton HM 12, Bermuda. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700. Email: dca@dca.ca.gov.

(IV) Notice to EU residents

We are neither obliged nor willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board. Your statutory rights regarding choice of law and venue, to the extent applicable, remain unaffected. Regulation (EU) No. 524/2013 provides for an out of court settlement right that may apply to you. More details can be found by visiting http://ec.europa.eu/consumers/odr.