Terms of Service

1. GENERAL

1. Eligibility. You understand and agree that to use the Talent Services you must be 18 years of age or older. If you are under 18 years of age, you may not access or use the Talent Services.
2. Purpose. You understand and agree that the Talent Services provide a platform for individual users to match with third party hiring companies regarding potential employment or contract opportunities. You understand and agree that Blind not only serves as the platform provider, but that Blind may take an active role in communication, between you and the hiring company. You understand and agree that these communications include, but are not exclusive of, the release of your personal information (including your resume) to any hiring company. You understand and agree that the release of this personal information will be without any further request for consent by Blind from you. You understand and agree that Blind has no role in or responsibility for any hiring, or other decisions, taking place between you and any hiring company.
3. License to Use the Talent Sites. Subject to your compliance with this Agreement, Blind grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Talent Sites and use the Talent Services for your personal, non-commercial use. Blind reserves the right to monitor your usage of the Talent Services for the purpose of determining that it complies with this Agreement.
4. Privacy Policy. Blind’s Privacy Policy (which describes how we collect, use and disclose your personal data, and the basis for this) is incorporated into and is a part of this Agreement.
5. For the avoidance of doubt, your access to and/or use of any other sites or services provided by or affiliated with Blind, other than the Talent Sites and/or Talent Services, are not governed by this Agreement. Your access to and/or use of these other sites and services may be subject to separate agreements and policies, which you should review.

2. ACCOUNT REGISTRATION

1. Account Registration. As a condition to using the Talent Services, you will be required to create an account (“User Account”) and provide Blind with contact information and other information, including personal identifying information (“User Profile”). You agree to provide Blind with accurate, complete, and up-to-date User Profile information. If any such information changes, it is your responsibility to immediately notify Blind. You agree to ensure that your User Account contains, at all times, a valid email address and phone number associated with you. You are solely responsible for maintaining the confidentiality of any login credentials, including password, for your User Account. You are solely responsible for any and all activities that occur on your User Account. You agree that you will not: (i) use anyone else’s User Account at any time; (ii) maintain more than one User Account; or (iii) create a User Account or otherwise use the Talent Services if you have been previously removed or suspended from the Talent Services.
2. Your Responsibility for Your User Account Security. You agree to notify Blind immediately of any unauthorized use of your User Account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or costs (including but not limited to legal fees) that you may incur as a result of someone else using your password or User Account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and costs (including but not limited to reasonable legal fees) incurred by Blind or a third party due to someone else using your account, unless such unauthorized use is due to Blind’s willful misconduct.
3. No Obligation to Retain a Record of Your User Account. Blind retains the right, but does not undertake the obligation, to retain a record of your User Account or any data or information that you may have stored for your convenience by means of your User Account or the Talent Services.
4. Blind reserves the right, in our sole discretion, to suspend or terminate your User Account for any reason, or no reason at all.

3. WORKER ENGAGEMENTS

1. You understand and agree that Blind is not responsible for, and makes no warranties or guarantees that your use of the Talent Services will result in any matching, profile views, interviews, or offers of employment with any hiring company. You understand and agree that Blind is not responsible for, and makes no warranties or guarantees regarding any communication, inquiries, interview offers, or hiring decisions in connection with your use of the Talent Services.
2. You understand that Blind does not inquire into your background or otherwise attempt to verify content you provide on the Talent Services, which is solely your responsibility. Blind does not participate in, and has no responsibility for any background checks, reference checks, or other due diligence pertaining to you that may be conducted by a hiring company or at its direction.
3. You understand and agree that Blind is not responsible for any contracts or agreements you may form with any hiring company arising from your use of the Talent Services. Blind does not control, manage, or provide any guidance with respect to the determination of independent contractor or employee status. You agree that no joint venture, partnership, employment, or agency agreement exists between you and Blind as a result of this Agreement or any use of the Talent Services, and that Blind is not a joint employer with any hiring company by virtue of your use of the Talent Services or this Agreement.
4. Blind disclaims all liability for the worker classification arising from any employment, work, or engagement that you accept arising from your use of the Talent Services. You understand and agree that Blind does not, in any way, supervise, direct, or control the manner, means, or conditions of any work or services you may perform in any employment, work, or engagement with any hiring company. You understand and agree that Blind has no responsibility whatsoever for any tax returns and payments required to be filed with or made to any federal, state, or local tax authority, in any nation, with respect to any employment, work, or engagement you perform for any hiring company.

4. YOUR USE OF THE TALENT SERVICES

1. Your access to and use of the Talent Services is subject to this Agreement and all applicable laws and regulations.
2. You may not use the Talent Sites or Services other than as expressly permitted by this Agreement. Without limitation, you will not, directly or indirectly:
   • circumvent the Talent Services by communicating or otherwise engaging with a hiring company, independently and without disclosure to Blind, but will only communicate with a hiring company after the hiring company contacts or communicates with you using the Talent Services;
   • copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Talent Sites;
   • reverse engineer, decompile, tamper with or disassemble the technology used to provide the Talent Sites or Services (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law);
   • use automated scripts to collect information from, or otherwise interact with, the Talent Services;
   • interfere with or damage the Talent Sites or Services, or underlying technology;
   • impersonate, misrepresent, or falsify your identity or affiliation;
   • attempt to obtain unauthorized access to the Talent Sites or Services;
   • collect information about users of the Talent Sites or Services;
   • violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms;
   • violate any law, rule, or regulation;
   • intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or
   • interfere with any third party’s ability to use or enjoy, or our ability to provide, the Talent Sites or Services;

   Disclaimer. If you use our Services, we may process your personal information for the purpose of providing and improving our Services. We describe how we may use your personal information in our Privacy Policy. We also collect and share limited personal information with third party service providers, including analytics service providers that may record or log your activities on our Services. By using our Services, you agree to this data processing and sharing.

5. YOUR CONTENT

All information you publish, transmit, upload, or submit through the Talent Services is referred to as “User Content”. The following terms apply to User Content:

1. License to Blind. You grant Blind a non-exclusive, royalty-free, worldwide, universal, transferable license to use, display, modify, publish, transmit, and reproduce your User Content in conjunction with the Talent Services, including in developing, enhancing, and supporting the Talent Services. Subject to the license above, you retain ownership of User Content.
2. Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights, including any “moral rights”, that you have to prevent us from exploiting the rights granted in Section 5.1.
3. Right to Name and Likeness. You also grant us the right to use and display on the Talent Services for any purpose the name, photograph and any other biographical information that you submit with any User Content.
4. Your Responsibility for User Content. You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Talent Services. Accordingly, you agree and confirm that: (1) you have all rights, licenses, consents and releases necessary to grant Blind the required rights to disseminate any User Content; and (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Blind’s use of your uploaded User Content (or any portion thereof) on, through, or by the means of the Talent Sites, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
5. No Obligations Regarding User Content. Blind has no obligation to hold any User Content in confidence or compensate you or anyone else for its use. We have the right to remove, or require you to modify, any of your User Content for any reason and in our sole discretion, including if Blind (in its sole discretion) reasonably believes that such User Content is not in compliance with this Agreement or any applicable law. Blind is not under any obligation to review your or any User Content on the Talent Services, although we reserve the right to do so with or without notice, to prevent or remedy any alleged violations of this Agreement or any applicable law. We reserve all defenses made available to us by the Communications Decency Act and any other applicable laws, rules, or regulations. We may refuse to accept or display some or all User Content, and may remove or delete all or any portion of the User Content at any time.
6. You understand that Blind is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any User Content, and that User Content is not the responsibility of Blind. You understand that Blind does not and cannot control the reach of your User Content, and that Blind is not responsible for the order or placement of your User Content relative to other content on the Talent Sites.
7. User Content Not Confidential. If you identify in advance to Blind current or former companies that you do not wish to see your User Content on the Talent Services, Blind will make reasonable efforts to accommodate your request. However, Blind does not guarantee your anonymity on the Talent Services and is not responsible for discovery of your identity on the Talent Services by any person. You understand and agree that User Content is not considered confidential by Blind, will be treated as public information, and is intended to be shared with other users of the Talent Services as well as third parties. You understand and agree that Blind has no control or liability over what other users do with your User Content. You understand and agree that Blind will not be liable for any treatment of your User Content as confidential and you waive all rights with respect to any such claims of confidentiality. If You do not agree that your User Content will be considered public and will not be considered confidential, you must not use the Talent Services.

6. COMMUNICATIONS

1. By entering into this Agreement, you expressly consent and agree to accept and receive communications from Blind, including via email, telephone calls, text messages, facsimiles and push notifications to any telephone or mobile number provided to Blind by you. You agree that communications may include prerecorded messages or may be generated by automatic telephone dialing systems. Communications from Blind may include but are not limited to: operational communications concerning your User Account or use of the Talent Services; updates concerning new and existing features for the Talent Services; communications concerning marketing or promotions run by Blind or third-party affiliates; and news concerning Blind and industry developments.
2. If any of your contact information changes, you are responsible for informing Blind of that change. Because such electronic communications are usually not encrypted, Blind will never include your password or any other personally identifying information or request that you reply to such communications to provide any personally identifying information.
3. You understand and agree that any confirmations and alerts provided to you from Blind may be delayed or prevented by a variety of factors. Blind does its best to provide alerts in a timely manner with accurate information. However, Blind neither guarantees the delivery nor the accuracy of the content of any confirmation or alert. You also agree that Blind shall not be liable for any delays, failure to deliver, or misdirected delivery of any confirmation or alert; for any errors in the content of a confirmation or alert; or for any actions taken or not taken by you or any third party in reliance on a confirmation or alert.
4. Message and data rates or other charges may apply to each text message sent or received by you from Blind. Roaming charges may also apply. Applicable rates and charges are determined by your mobile telephone carrier. You agree that you are responsible for any such charges imposed by your phone service provider.
5. IF YOU WISH TO OPT OUT OF EMAILS FROM BLIND, YOU CAN UNSUBSCRIBE FROM OUR EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTION IN YOUR USER ACCOUNT SETTINGS. YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL EMAILS MAY IMPACT YOUR USE OF THE TALENT SERVICES.
6. IF TEXT MESSAGING IS OFFERED AS A FEATURE AND YOU WISH TO OPT OUT OF ALL TEXTS FROM BLIND (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS), YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTION IN YOUR USER ACCOUNT SETTINGS OR BY REPLYING “STOP” TO ANY TEXT FROM BLIND.
7. YOU MAY CONTACT BLIND BY EMAIL AT SUPPORT@TALENTBYBLIND.COM IF YOU NEED HELP UNSUBSCRIBING FROM EMAILS OR OPTING OUT OF TEXTS OR CALLS. PLEASE REVIEW BLIND'S PRIVACY POLICY FOR MORE INFORMATION.

7. THIRD PARTY CONTENT

1. The Talent Sites may contain information and content provided by third parties, including but not limited to content provided by hiring companies regarding employment or work opportunities, as well as links to third-party websites (collectively “Third-Party Content”). Blind has no obligation to monitor, does not endorse, and is not responsible or liable for any Third-Party Content.
2. Third-party Services. Third parties may offer their services directly to you through the Talent Sites. In such cases, you may be required to agree to the third party’s terms of service and/or privacy policy in order to use the service. Blind will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy of the third party, or its failure to adhere to its terms of service or privacy policy, or any loss, damages, liability or expenses (including legal fees) that you may incur arising from or related to such third party’s services or products.

8. INTELLECTUAL PROPERTY RIGHTS

1. The Talent Services, including any logos, features, trademarks, designs, the “look and feel”, and the like contained therein are owned or licensed by Blind, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Blind reserves all rights in and to the Talent Services. You agree that you will not use, copy, or distribute any content contained within the Talent Services beyond the authorized use hereunder.
2. Blind respects the intellectual property rights of others and expects users of the Talent Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Blind. If you believe that your User Content has been copied in a way that constitutes copyright infringement, please provide Blind with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Blind to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
   
   We reserve the right to remove User Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. Our designated copyright agent for notice of alleged copyright infringement appearing on the Talent Services is:
   
   Teamblind Hub LLC; Attn: Copyright Agent; 2001 Addison Street, Suite 300; Berkeley, CA 94704; Email: legalteam@teamblind.com

9. WARRANTIES; DISCLAIMER

1. YOUR RIGHTS MAY VARY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS.
2. NO WARRANTIES. THE TALENT SITES AND SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. BLIND DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
3. USE OF TALENT SITES AND SERVICES IS AT YOUR OWN RISK. BLIND DOES NOT REPRESENT OR WARRANT THAT THE TALENT SITES, SERVICES OR COMMUNICATIONS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE TALENT SITES AND/OR SERVICES SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. BLIND MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE TALENT SITES OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. BLIND WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THE TALENT SITES, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES.
4. NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS. BLIND DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY CONTENT OR REPRESENTATIONS MADE BY A THIRD PARTY THROUGH THE SERVICES, AND BLIND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY. BLIND WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

10. LIMITATION OF LIABILITY

1. YOUR RIGHTS MAY VARY. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE OR NATION OF RESIDENCE.
2. NO CONSEQUENTIAL DAMAGES. IN NO EVENT WILL BLIND, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “BLIND PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE TALENT SITES OR SERVICES, EVEN IF BLIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. THE BLIND PARTIES WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT SERVICES, LOSS OF REVENUE OR PROFIT, OR LOSS OF GOODWILL.
3. IN NO EVENT WILL BLIND’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID BLIND IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM.

11. INDEMNITY

1. You agree to defend and indemnify the Blind Parties from and against any third-party claim, including reasonable attorney’s fees, court costs, settlements, and disbursements, from or relating to: (a) your User Content; (b) your use of and access to the Talent Services in violation of this Agreement; (c) your violation of this Agreement; (d) your violation of any law, rule, or regulation, or the rights of any third-party, including your upload or provision of personally identifiable information through the Talent Services; (e) your use of any Third-Party Services; and (f) claims alleging that the Blind Parties and any hiring company are joint employers.

12. TERMINATION; SURVIVAL

1. Term. This Agreement is effective unless and until terminated by you or us. Blind may, in its sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Talent Sites or Services, temporarily or permanently, at any time and without prior notice.
2. Modification and Termination of Talent Sites and Services. Blind may modify or terminate the Talent Sites or the Services, your access to the Talent Services, in part or as a whole, at any time, for any or no reason. Such modifications will take effect upon the “last updated” date posted on this Agreement.
3. Suspension or Termination. Blind may deny you access to all or part of the Talent Sites at any time for any reason (including if you violate this Agreement, as determined in our sole and absolute discretion).
4. Effect of Termination. Termination of this Agreement by either you or Blind will immediately terminate all rights you have to access your User Account and the Talent Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including but not limited to provisions regarding ownership, warranty disclaimers, limitations on liability, indemnification, dispute resolution, and notices.

13. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

YOU AND BLIND MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY, AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION (“ARBITRATION AGREEMENT”). This will prohibit you and Blind from bringing any class, collective, or consolidated proceeding against each other, and will also prohibit you and Blind from participating in or recovering relief under any current or future such actions brought by someone else. Arbitration is more informal than a lawsuit in court: there is no judge or jury in arbitration; discovery in arbitration may be more limited than discovery in litigation; and court review of an arbitration award is limited.

You and Blind mutually agree that any dispute, claim, or controversy, whether based on past, present or future events, arising out of or relating to: any of this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof); the Talent Services or Talent Sites; any content currently or previously available on or through the Talent Services or Talent Sites; your relationship with Blind; your information provided to Blind; the threatened or actual suspension, deactivation, termination of your User Account or access to the Talent Services or Talent Sites; any communication or relationship between you and any third party arising from your use of the Talent Services; or any other federal and state statutory and common law claims (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth in this Section 13. All disputes concerning the arbitrability of a Covered Matter (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) will be decided exclusively by the arbitrator, and not any federal, state, or local court or agency, except as expressly provided herein.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU AND BLIND ARE EACH WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ANY AND ALL COVERED MATTERS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT.

1. Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at support@talentbyblind.com, provide a brief, written description of the dispute and your contact information (including your User Account information) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
2. Prohibition of Class Actions and Non-Individualized Relief. You acknowledge and agree that you and Blind are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class, collective, consolidated or representative proceeding. Further, unless both you and Blind otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, collective, consolidated or representative proceeding. If there is a final determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and Blind agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
3. Exceptions to Arbitration. Notwithstanding any other provision in this Agreement, this Arbitration Agreement shall not require arbitration of the following types of claims: (a) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction, (b) injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party's confidentiality rights or copyrights, trademarks, trade secrets, patents or other intellectual property rights, and (c) claims that may not be subject to arbitration as a matter of generally applicable law.
4. Arbitration Rules and Governing Law. This Agreement and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act (“FAA”) applies in all cases and governs the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. The arbitration of any Covered Matter will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (including, without limitation, utilizing desk, phone or video conference proceedings where permitted to mitigate costs of travel). The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879 or any subsequent applicable telephone number. It is your and Blind’s intent that the FAA and AAA Rules will preempt contrary state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue will be governed by the laws of the State of California without regard to choice of law principles.
5. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration and a separate form for California residents at adr.org. The arbitrator will be either an individual retired judge or attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
6. Arbitration Location and Procedure. Unless you and Blind otherwise agree, the arbitration will be conducted in Santa Clara County, California. If your claim does not exceed $5,000, then the arbitration will be conducted solely on the basis of documents you and Blind submit to the arbitrator. If your claim exceeds $5,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
7. Arbitrator’s Decision/Award. The arbitrator will render an award within the time frame specified in the AAA Rules. For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Blind user to the extent required by applicable law. The arbitrator’s award shall be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect as to the other parties or unrelated disputes. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
8. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, Blind is relieved of its obligation to reimburse you for any fees associated with the arbitration.
9. Forum If Arbitration Does Not Apply. Unless you and we agree otherwise (and except as described in Section 13.3 above), in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, or as a result of a decision by the arbitrator or a court order, you and Blind agree that any claim or dispute that has arisen or may arise between you and Blind must be resolved exclusively by a state or federal court located in Santa Clara County, California. You and Blind agree to submit to the exclusive personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
10. Severability. Except as otherwise provided in Section 13.2, if any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision will be severed from this Arbitration Agreement, (2) the remainder of the Arbitration Agreement will be given full force and effect, and (3) severance of the unenforceable or unlawful provision will have no impact on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis.
11. Future Amendments to the Arbitration Agreement. Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Blind prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Blind. If you do not agree to the amended terms, you may close your User Account within thirty (30) days of the posting or notification of the amended terms and you will not be bound by the amended terms.
12. Opt-Out Procedure. In order to opt-out, you must include in your Opt-Out Notice your name, address (including street address, city, state, and zip code), and email address associated with your User Account to which the opt-out applies and an unaltered digital image or copy of a valid driver’s license which matches the name on your account. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.

14. GENERAL TERMS

1. Applicable Law. The laws of the State of California shall govern this Agreement and any claims and disputes (whether contractual or otherwise) arising out of or relating to the Agreement or its subject matter.
2. Force Majeure. Under no circumstances shall Blind be held liable for any delay or failure in access to or performance of the Talent Services resulting directly or indirectly from an event beyond its reasonable control.
3. No Waiver; Severability. No waiver of any term of this Agreement will be binding unless in writing, no waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and the failure of Blind to exercise or enforce any right or remedy in this Agreement does not waive that right or remedy. Except for the Arbitration Agreement contained herein, the severability of which is addressed in Section 13.10, if an arbitrator or a court of competent jurisdiction finds any provision of this Agreement to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect.
4. Miscellaneous.
   1. This Agreement (and all policies, terms and conditions referenced herein) constitute the entire agreement between you and Blind and govern your use of the Talent Sites and Services, and supersede any prior agreements between you and Blind on the subject matter.
   2. This Agreement, and any rights or licenses granted hereunder, may not be assigned or delegated by you. This Agreement, and any rights or licenses granted hereunder, may be assigned or delegated by Blind without restriction.
   3. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.
   4. This Agreement may not be modified by an oral statement by you or Blind. Blind’s failure or delay in exercising any right, power or privilege under this Agreement will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under this Agreement.
   5. No agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.
   6. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.
5. Use Outside the United States of America. The Talent Sites and Services are controlled and offered by Blind from the United States of America for individual users located in the United States and Canada. Blind makes no representations that the Talent Sites and Services are appropriate for use in other locations. Those who access or use the Talent Services from other locations do so at their own risk and are responsible for compliance with local law.
6. Notices and Electronic Communications. You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Talent Sites or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address:
   Teamblind Hub LLC Attn: Talent by Blind 123 E San Carlos St, Unit #113
   San Jose, CA 95112
   legalteam@teamblind.com