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AGREEMENT TO OUR LEGAL TERMS
We are Sizanid HR LLC ("Company," "we," "us," "our"), a company headquartered in Toronto, Canada and part of the Sizanid HR Inc.
We operate the website https://www.sizanidhr.com (the "Site"), the mobile application Clients portal (the "App"), Jobseeker App as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Sizanid HR concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted. The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. We recommend that you print a copy of these Legal Terms for your records.
PLEASE BE AWARE THAT TERMS OF USE POLICY CONTAINS AN ARBITRATION AGREEMENT THAT APPLIES TO ALL USERS LOCATED IN THE UNITED STATES. PLEASE READ CAREFULLY.
THE ARBITRATION AGREEMENT PROVIDES, WITH LIMITED EXCEPTIONS, THAT YOU AND SIZANID GROUP, STAFFING, PARTNERS, CO. & SUBSIDIARIES:
(1) WILL ONLY BE PERMITTED TO PURSUE DISPUTES AGAINST EACH OTHER OR OTHER USERS THROUGH BINDING, FINAL ARBITRATION;
(2) WAIVE ALL RIGHTS TO BRING OR PARTICIPATE IN A DISPUTE ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS; AND
(3) WAIVE ALL RIGHTS TO PURSUE DISPUTES IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
• access the Services.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: contact@sizanidhr.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the:
(a) rights you give us and
(b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload to us. By sending us any submissions through any part of the Services you:
• confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
• warrant that any such Submissions are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of:
(a) this section,
(b) any third party's intellectual property rights, or
(c) applicable law.
USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Legal Terms;
(4) you are not a minor in the jurisdiction in which you reside;
(5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
(6) you will not use the Services for any illegal or unauthorized purpose; and
(7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
SOFTWARE
We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.
Prohibited Activities
Users must not:
Additional Restrictions
Users must not:
User Generated Contributions
Although the Services do not solicit content, users may be allowed to submit:
Users must ensure:
Violations may result in suspension or termination of access.
Contribution License
By submitting feedback or suggestions:
Guidelines for Reviews
When posting reviews, users must:
The Services may accept, reject, or remove reviews at their discretion. Reviews are not endorsed and may not reflect the views of the Services or its affiliates.
Mobile Application License
Use License You’re granted a revocable, non-exclusive, non-transferable, limited license to install and use the app on your own wireless devices, strictly under these terms. You must not:
Apple and Android Devices
When using the app from the Apple Store or Google Play:
Social Media Integration
You may link your account with third-party services ("Third-Party Accounts") by:
By linking accounts:
Third-Party Websites and Content
The Services may include links or content from third parties. Important notes:
Services Management
We reserve the right to:
Privacy Policy
We prioritize data privacy and security. By using the Services:
TERM AND TERMINATION
These Legal Terms remain in effect while you use the Services. We may:
MODIFICATIONS AND INTERRUPTIONS
We may:
GOVERNING LAW
These Legal Terms are governed by the laws of the State of Delaware, applicable to agreements made and performed within Delaware, without regard to conflict of law principles.
DISPUTE RESOLUTION
In summary:
Binding Arbitration If informal negotiations fail, disputes will be resolved by binding arbitration under AAA rules. You waive your right to sue in court or have a jury trial. Arbitration will be:
Restrictions
Exceptions to Arbitration
Disputes not subject to arbitration include:
If any part of this provision is unenforceable, disputes will be handled in Delaware courts.
This Section applies to all Users located in the United States. Please read the details carefully as it affects your legal rights.
Agreement to Binding Arbitration
You and Sizanid HR and its partner (Sizanid HR), affiliates and subsidiaries stipulate that any disagreement, controversy, claim, legal proceeding, or petition (an “Arbitration Dispute”), irrespective of its foundation (be it contract, tort, statute, regulation, equity, or any other legal theory), arising out of or in any way related to the Site, user interactions, communications exchanged, services utilized, the Terms (or prior versions thereof), or any facet of the relationship with Sizanid HR or another User, shall be resolved exclusively by binding arbitration rather than judicial action, with the following exceptions:
(1) you or Sizanid HR may assert claims in small claims court if such claims qualify and remain in small claims court;
(2) you or Sizanid HR may assert claims in court or other forums for infringement or other misuse of intellectual property rights or validity of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, or copyrights) but excluding all patent validity, infringement, or licensing Disputes (patent Disputes remain subject to mandatory arbitration); and
3) you may assert claims that by law cannot be subject to a pre-dispute arbitration agreement, including under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, unless you voluntarily elect to submit such claims to arbitration. For purposes of this Arbitration Agreement, “Arbitration Dispute” includes Arbitration Disputes that involve facts occurring before the existence of this Arbitration Agreement, unless you notified Sizanid HR of that dispute before accepting the Terms that contain this Arbitration Agreement, as well as Arbitration Disputes that may arise after the termination of your account or relationship with Sizanid HR
As set out in the prior paragraph, this Arbitration Agreement requires you to arbitrate not only Arbitration Disputes between you and Sizanid HR but also Arbitration Disputes between you and any other User of Sizanid HR. Additionally, this Arbitration Agreement is expressly intended to bind any third-party beneficiary of this Arbitration Agreement to the greatest extent possible under applicable law.
Waiver of Jury Trial.
YOU AND Sizanid HR HEREBY WAIVE ANY RIGHT TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You andSizanid HR are instead electing that all Arbitration Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above (“Agreement to Binding Arbitration”). There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class and Other Non-Individualized Relief. YOU AND Sizanid HR MAY BRING ARBITRATION DISPUTES ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS, AND HEREBY WAIVE ALL RIGHTS TO HAVE ANY ARBITRATION DISPUTE BE BROUGHT, HEARD, ADMINISTERED, OR RESOLVED IN ANY FORUM ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.
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 subsection is intended to, nor shall it, affect the terms and conditions. (“Mass Arbitration Procedures”) below. 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 (“Waiver of Class and Other Non-Individualized Relief”) are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Sizanid HR 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 in the state or federal courts located in Travis County, Georgia. You and Sizanid HR agree that any claims or requests for relief that are severed from an arbitration shall be stayed by the court in which the severed claims or requests for relief are filed, until all claims that remain in arbitration are finally resolved. This subsection does not prevent you or Sizanid HR from agreeing to settlement and settling claims on a class-wide or mass settlement basis.
Informal Dispute Resolution. For any Arbitration Dispute that arises between you and Sizanid HR, Sizanid HR is committed to working with you to reach a prompt and mutually beneficial resolution without need for arbitration. You and Sizanid HR agree to participate in good faith informal efforts to resolve Arbitration Disputes before initiating any arbitration (“Informal Dispute Resolution”).
To initiate Informal Dispute Resolution, you or Sizanid HR must give notice in writing to the other (“Notice”). The Notice must include: (1) the name, mailing address, phone number, and email address of the initiating party, including the email address(es) associated with all of your Sizanid HR account(s); (2) the name, mailing address, phone number, and email address of the initiating party’s counsel, if any; and (3) a description of the Arbitration Dispute, including relevant facts and the specific relief sought. The Notice must also be signed by the party initiating the Arbitration Dispute (i.e., either you personally or an Sizanid HR representative).
Your Notice to Sizanid HR must be sent by email to arbitrations@sizanidhr.com or by certified mail or Federal Express (signature required) to the following address:
Sizanid HR, LLC.,
c/o LEGAL, Attn:
Sizanid HR Legal Team,
1100 Peachtree ST NE, Suite 900
Atlanta, GA, 30326.
Sizanid HR will send Notice to your email address or mailing address on file. It is your responsibility to ensure your contact information is correct and up to date.
The Informal Dispute Resolution process lasts 45 days after receipt of a Notice and is a mandatory precondition to commencing arbitration. Arbitration cannot be commenced until the end of the Informal Dispute Resolution period. During this 45-day period, you and Sizanid HR agree to engage in good faith efforts to resolve the Arbitration Dispute. You and Sizanid HR agree that either you or Sizanid HR may ask the other to meet and confer telephonically (“Informal Dispute Resolution Conference”) and, if requested, the other agrees to participate in the Informal Dispute Resolution Conference. If you are represented by counsel, your counsel may participate in the Informal Dispute Resolution Conference, but you must also personally participate. The Informal Dispute Resolution Conference shall be individualized, i.e. between you (the individual party identified by name in the Notice) and Sizanid HR, even if the same law firm, group of law firms, or organizations represents multiple parties in similar Arbitration Disputes, unless Sizanid HR and all parties agree otherwise. The statute of limitations and any filing deadlines shall be tolled while you and Sizanid HR engage in Informal Dispute Resolution.
Arbitration Rules and Procedures. The Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq., shall govern the interpretation and enforcement of this Arbitration Agreement. The laws of the State of Delaware (excluding its conflict-of-law rules) shall govern all other aspects, including substantive rights and obligations, of Arbitration Disputes to the extent consistent with the FAA.
If Informal Dispute Resolution does not resolve satisfactorily within 45 days after receipt of a Notice, you and Sizanid HR agree that any party to the Arbitration Dispute may initiate arbitration. The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its rules and procedures, including, where applicable, the AAA Mass Arbitration Supplementary Rules, as modified by this Arbitration Agreement. If there is a conflict between this Arbitration Agreement and the AAA Rules, this Arbitration Agreement governs to the extent permitted by the applicable AAA Rules.
If the Arbitration Dispute arises from or relates to you as a Job Seeker, or is otherwise a consumer dispute, the AAA’s Consumer Arbitration Rules and Fees in effect at the time of the arbitration will apply, as supplemented, where applicable, by the AAA Mass Arbitration Supplementary Rules. The AAA Consumer Arbitration Rules are currently available at https://www.adr.org/media/yawntdvs/2025_consumer_arbitration_rules.pdf. Additional information, including the AAA’s fee schedule and Mass Arbitration Supplementary Rules, are available at https://www.adr.org/industries/consumer/#rules-forms-and-fees
If the Arbitration Dispute arises from or relates to you as any type of User other than a Job Seeker, or is otherwise a commercial dispute, the AAA’s Commercial Arbitration Rules and Fees in effect at the time of the arbitration will apply, as supplemented, where applicable, by the AAA Mass Arbitration Supplementary Rules. The AAA Commercial Arbitration Rules are available at https://www.adr.org/media/lwanubnp/2025_commercialrules_web.pdf. Additional information, including the AAA’s fee schedule, is available at https://www.adr.org/industries/commercial/#rules-forms-and-fees
If the AAA is unavailable to administer the arbitration, you and Sizanid HR will engage in good faith to mutually agree on a different arbitration provider. If you and Sizanid HR cannot agree, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted to appoint a neutral arbitrator who shall act under this Arbitration Agreement with the same force and effect as if such arbitrator had been specifically named herein.
To initiate arbitration, you or Sizanid HR must file your demand for arbitration (“Demand”) with the AAA by following the procedures required by the AAA under the applicable rules identified above. Any Demand you send to Sizanid HR must be sent by certified mail or Federal Express (signature required) to the following address:
Sizanid HR, LLC.,
c/o LEGAL, Attn:
Sizanid HR Legal Team,
1100 Peachtree ST NE, Suite 900,
Atlanta, GA, 30326.
Sizanid HR will send the Demand to your email address or mailing address on file. It is your responsibility to ensure your contact information is correct and up to date.
If the party requesting arbitration is represented by counsel, the Demand must also include counsel’s name, mailing address, phone number, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand 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. If, after notice and a reasonable opportunity to respond, the arbitrator determines that any standard set forth in Federal Rule of Civil Procedure 11(b) has been violated, the arbitrator may impose an appropriate sanction on any attorney, law firm, or party that violated the standard or is responsible for the violation, including an award of attorneys’ fees and costs.
Unless you and Sizanid HR agree otherwise, or unless the Mass Arbitration procedures discussed below (“Mass Arbitration Procedures”) are triggered, the arbitration, including any in-person arbitration hearing, will be conducted in the Delaware county .
Nothing in this Arbitration Agreement prevents or excuses you or Sizanid HR from exhausting administrative remedies by filing any charges or complaints required by any governmental agency (including the Equal Employment Opportunity Commission or similar state or local agency) before bringing an Arbitration Dispute in arbitration confidentiality. You and Sizanid HR agree that all materials, documents, and information exchanged during arbitration shall be kept confidential and shall not be shared with anyone except the attorneys, accountants, business advisors, or insurance providers or representatives of the parties to the Arbitration Dispute, provided that each such recipient agrees to maintain the confidentiality of all such materials, documents, and information.
Offer of Judgment. You and Sizanid HR agree that at least 30 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.
Arbitrator: The arbitrator will be either a retired judge or an attorney in good standing from the AAA’s roster of arbitrators.
Authority of Arbitrator: The arbitrator shall have exclusive authority to resolve any disputes regarding the interpretation, applicability, enforceability, revocability, scope, or validity of this Arbitration Agreement or any part of this Arbitration Agreement, except that only a court of competent jurisdiction (and not an arbitrator) shall have the exclusive authority to resolve any disputes regarding (“Waiver of Class and Other Non-Individualized Relief”) or (“Mass Arbitration Procedures”), including any argument that all or part of those subsections are unenforceable, illegal, void or voidable, or that those subsections have been breached. The arbitrator shall have the authority to grant motions dispositive of all or part of any Arbitration 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. Judgment on the arbitration award may be entered in any court having jurisdiction.
Attorneys’ Fees and Costs: The parties shall bear their own attorneys’ fees and costs in arbitration unless otherwise required by applicable law or unless the arbitrator finds that either the substance of the Arbitration Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil.
Mass Arbitration Procedures: If 25 or more substantially similar Demands are filed against or on behalf of the same party or related parties within a 90-day period and representation of the parties is consistent or coordinated across the cases (“Mass Arbitration”), the following additional procedures shall apply. If the parties disagree as to whether a series of Demands constitutes a Mass Arbitration, the AAA shall decide.
Bellwether Arbitrations: Counsel for each side shall select five Demands for a total of ten Demands to proceed in arbitration in bellwether proceedings to be resolved individually (“Bellwether Arbitrations”).
Stay of Non-Bellwether Arbitrations: All other Demands in the Mass Arbitration (“non-Bellwether Arbitrations”) shall be held in abeyance and stayed pending completion of the Bellwether Arbitrations and the global mediation described below. During the stay, no one is authorized to accept or administer non-Bellwether Arbitrations, and no arbitration costs or fees shall be due other than for the Bellwether Arbitrations.
Global Mediation: After the Bellwether Arbitrations are completed, the parties agree to engage in a global mediation of all unresolved Demands in the Mass Arbitration (“Global Mediation”).
Election to Proceed in Court: If the Global Mediation is not successful, any party to the Mass Arbitration may opt out of arbitration and elect to have the remaining claims resolved in court consistent with the waiver set forth above in subsection 12(c) (“Waiver of Class and Other Non-Individualized Relief”). Any such election must be exercised within 45 days of the completion of the Global Mediation.
Batch Arbitrations: If the Mass Arbitration remains unresolved 45 days after the completion of the Global Mediation, then the AAA shall: (1) administer the remaining Demands in batches of 100 Demands per batch (or, if there are less than 100 Demands, then a batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one procedural calendar, one final merits hearing (if any) to be held by videoconference, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled. The AAA shall administer all batches concurrently, to the greatest extent possible.
Tolling: For any Demand subject to these Mass Arbitration procedures, any applicable statute of limitations shall be tolled from the date the Demand is filed and shall remain tolled until either a party opts out of arbitration pursuant to subsection 12(k)(iv) (“Election to Proceed in Court”) above or, if no party opts out, 45 days after the completion of the Global Mediation.
Streamlined Discovery: Any party shall be authorized to designate and rely on written discovery responses or deposition testimony from one arbitration proceeding in other arbitration proceedings in lieu of responding to substantially similar discovery requests and deposition questions in substantially similar proceedings.
You and Sizanid HR agree that Demands are “substantially similar” if they arise out of or relate to the same event(s) or factual scenario and raise the same or similar legal issue(s). You and Sizanid HR agree to cooperate in good faith with the AAA to implement the Mass Arbitration procedures, as well as any steps to minimize the time and costs of arbitration. This (“Match Arbitration Procedures”) shall in no way be interpreted as authorizing or creating a class, collective, or representative arbitration or action.
30-Day Opt-Out Period. As a Job Seeker, you may opt out of this Arbitration Agreement for your Job Seeker account(s) by sending a written opt-out notice (“Opt-Out Notice”) to Sizanid HR. To be effective, you must send your Opt-Out Notice within 30 days after first accepting Terms that contain this Arbitration Agreement and you must use one of the following two methods: (1) complete the Opt-Out Notice form by providing all information required on the form and email it to arbitrations@sizanidhr.com; or (2) send an email to arbitrations@sizanidhr.com that includes, in the following order, (a) a statement that “I am writing to provide notice that I’m opting out of the Arbitration Agreement in Sizanid HR’s Terms of Service”, (b) your full name, (c) your mailing address, (d) your phone number, (e) all email address(es) associated with the Job Seeker account(s) for which you are opting out, and (f) the date of your Opt-Out Notice. You must send your Opt-Out Notice from an email address associated with a Job Seeker account that belongs to you and for which you are opting out. You may only opt out of your own personal Job Seeker account(s) and cannot do so for any other individual.
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 arbitration agreements that you may already have with Sizanid HR, which will remain in effect, and has no effect on any arbitration agreements with Sizanid HR you may enter in the future
Severability. Except as provided above in subsection 12(c) (“Waiver of Class and Other Non-Individualized Relief”), if any part or parts of this Arbitration Agreement are found under the law by either an arbitrator or a court of competent jurisdiction 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 this Arbitration Agreement shall continue in full force and effect.
Statute of Limitations. You and Sizanid HR agree that all applicable statutes of limitation will apply to arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction, adjusted for the tolling provided for above in (“Informal Dispute Resolution”) and, if applicable, (“Mass Arbitration Procedures”), or it will be forever time barred.
Modification. If Sizanid HR makes any future material modification to this Arbitration Agreement, Sizanid HR will notify you at least 30 days in advance and such modification will not apply to Arbitration Disputes that have arisen before the date the modification goes into effect or that are known to you or Sizanid HR before that date.
Survival. This Arbitration Agreement survives any termination of your account or relationship with Sizanid HR.
We may correct errors, inaccuracies, or omissions in the Services at any time without prior notice.
The Services are provided "as-is" and "as-available." We disclaim all warranties, including:
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100 USD.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
We reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Services for managing performance, as well as data related to your usage. Although we perform routine backups, you are solely responsible for all data you transmit or that relates to your activity on the Services.
You agree that:
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically—via email and on the Services—satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, unless such laws mandate otherwise.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:
1625 North Market Blvd., Suite N 112, Sacramento, California 95834 Or by telephone at: (800) 952-5210
These Legal Terms constitute the entire agreement between you and us. Our failure to enforce any right or provision shall not be deemed a waiver of such right or provision.
If any provision is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of remaining provisions.
No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or use of the Services.
You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties to execute these Legal Terms.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Sizanid HR, Inc.,
Sizanid HR Data Team,
1100 Peachtree ST NE,
Atlanta, GA, 30326.
contact@sizanidhr.com
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