Terms of Use

1. Acceptance of the Terms of Use.

These terms of use (“Terms of Use” or “TOU”) are an agreement between you and 18to22 Inc., an Arizona corporation (the “Company,” “our,” “we,” or “us”). These TOU govern your access to and use of the Services (defined immediately below), including any content, functionality, and services offered on or through the website located at https://18to22.net (the “Website”), whether as a guest or a registered user.

“Services” means the job search and posting websites, mobile applications, software, features, tools, and other online products and services provided by or on behalf of 18to22 Inc., including the Website, any associated mobile applications, job search and job posting features, candidate-management tools, employer products, AI-powered matching and recommendation tools, messaging and communications features, account and profile features, payment processing features, application submission tools, job alert and notification services, and any other features, content, or functionality that we make available through the foregoing, together with any email, text, chat, or other electronic communications between you and 18to22 in connection with any of the foregoing.

Please read these Terms of Use carefully before you use the Website. By using the Website or by clicking to accept or agree to these Terms of Use when/if this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated into these Terms of Use. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or the Services.

If you are accessing or using the Website in your capacity as an employee, agent, or other representative of an employer, you agree to these Terms of Use on behalf of you and your employer, and you represent and warrant that you have the authority to bind the employer to these Terms of Use.

You must be 18 years of age or older and reside in the United States or any of its territories or possessions to use our Website. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website and we may restrict or terminate your access to it.

The Company does not and will not serve as an agent of, or decision-maker for, any user, as detailed throughout these Terms of Use.

2. Changes to these Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and they apply to your access to and use of the Website. Changes to the Arbitration provisions set out in Section 24 will not apply to any disputes for which the parties have actual notice on or before the date the change was posted on the Website.

Your continued access to and use of the Website following the posting of revised Terms of Use means you accept and agree to the changes. You need to check this page each time you access this Website, so you are aware of any changes that are binding on you.

3. Accessing the Website and Account Security.

We reserve the right to withdraw or amend the Website and any Service or material we provide on the Website in our sole discretion without notice. We will not be liable if, for any reason or no reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.

You are responsible for both:

• Making all arrangements necessary for your access to the Website; and
• Ensuring that individuals who access the Website through your internet connection or your user name/password are aware of these Terms of Use, understand them and continue to comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including, without limitation, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take in accordance with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other information as part of our security procedures, you must treat the information as confidential, and you must not disclose it to any other person or entity. You understand that your account is personal to you and agree not to provide any other person with access to the Website or any portion of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

If you are accessing the Website on behalf of an employer, you acknowledge that the employer account may be accessed by multiple authorized individuals within your organization (“Authorized Users”), such as hiring managers, human resources personnel, recruiters, and account administrators. The employer account owner or administrator is responsible for (a) designating and managing Authorized Users, (b) ensuring that each Authorized User has unique login credentials and does not share credentials with any other person, (c) ensuring that each Authorized User is aware of and complies with these Terms of Use and the Privacy Policy, (d) promptly revoking access for any Authorized User who is no longer authorized to use the account, including upon such individual’s separation from the employer, and (e) all activity that occurs under the employer account by any Authorized User or any person who gains access through an Authorized User’s credentials. We reserve the right to limit the number of Authorized Users permitted under any employer account and to suspend or terminate access for any Authorized User who we believe is violating or has violated these Terms of Use.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

We do not perform background checks or employment screenings on any employer, job candidate, or any individuals associated with any employer or job candidate. You are solely responsible for conducting your own due diligence regarding any employer, job candidate, or job opportunity before accepting or extending any offer of employment or providing any personal information.

3.a. Job Candidate.

If you are a job candidate, you agree to be bound by these Terms of Use when using our Website to find a job.

You are permitted to use the Website and its content for your personal, non-commercial purpose of seeking employment or information related to your job search. You agree that your right to use the Website is automatically revoked if you attempt to use the Website for any other purpose or violate any of the TOU.

When you apply for a job or otherwise interact with an employer on our Website, you agree and understand that only the employer, and not the Company, makes the decisions regarding the recruitment and hiring processes, including deciding whether to advance any applicant to any next stage, such as an interview and deciding whether to hire any applicant. Employers are prohibited from using or relying on the Website in place of their own independent judgment and decision-making at any step in the recruitment or hiring processes.

The Company does not represent, nor do we serve as an agent for any user or job candidate, and the Company expressly rejects any delegation to the Company of any decision-making authority for or from any user. You may use the Website for informational purposes and to help you be more effective and efficient in your employment-related activities, including searching for and applying for jobs. You agree, as a condition of using the Website, that you will not use the Website, in whole or in part, as a substitute for your own independent judgment or decision-making. You are solely responsible for your account, your use of the Website, any tools or services offered through the Website, and your decisions regarding your job search, application, and other employment-related actions. The Company is not responsible and disclaims all liability for any actions taken or not taken based in whole or in part on any information you submit or receive in connection with your use of the Website.

The Website displays job advertisements based on compensation paid by employers to the Company, relevance (such as your search terms), and other information provided and activities conducted on the Website. Some employers may compensate us, but all job advertisements are considered advertising. The Company exerts no control over third-party job advertisements, their content, or any third-party conditions after a job candidate applies or leaves the Website. By leaving the Website for a third-party site, you accept their terms. Job advertisements contained on, or linked from, the Website are indexed and posted in an automated manner, though employers can purchase sponsored, featured or paid placements. The Company cannot guarantee, and disclaims all liability for, any content submitted by any employer or user, including the accuracy, completeness, legality, reliability, legitimacy, truthfulness, or availability of such content. The Company also cannot guarantee, and disclaims all liability for, the identity of any employer or user.

You understand and agree that the Company has no obligation to screen any job advertisements, or to include any job advertisements, in its search results or other listings, and may exclude or remove any job advertisement from the Website or your search result without any obligation to explain the removal or exclusion.

The Company may offer tools to help you find jobs, such as search filters that the Company creates that may not perfectly reflect job ad content. The Company might auto-apply search filters based on your profile or activity, but you can disable this. The Company may reformat job advertisements for mobile viewing. The Company may also promote select job advertisements on specific topic pages. When a job advertisement is put on certain pages or filters, it does not mean the job or employer has any special legal meaning or qualities. These pages do not list every job, and you should not assume anything about jobs or employers that are not expressly listed. Applying through these pages does not guarantee better results, and these pages do not list all jobs.

The Company may offer estimated salary information for informational purposes only. This data, which may include AI-generated content or third-party submissions, is approximate and subject to change or varying accuracy. You always should confirm actual salary figures and job details with the employer. The Company may also display publicly available information about employers on the Website. Information on the Website is presented for informational and promotional purposes only, is subject to change, and may be gathered from or generated by third parties. You must contact the employer for the most accurate and up-to-date company information.

Any job recommendations may be presented to you and any other user in various formats on the Website. The purpose of presenting recommendations is to allow you, the user, to make their own decisions regarding employment opportunities. To generate recommendations, the Website may use data collected through our Website from users. This may include job advertisements, your account information, information from your resume(s), your application materials (including responses to screener questions), and your activity on the Website (such as searches you run and job advertisements you click on and apply to).

You may receive alerts or emails from the Company regarding jobs via the email address you use to apply for a job or the email listed with your account. If you do not want to receive alerts or emails from the Company, you can update your notification preferences in your account settings at 18to22.net/account, or by using the unsubscribe link included in any email we send you. Receiving alerts or emails does not affect whether employers can find your profile on the Website.

By creating or adding information to a profile through the Website or uploading a file or resume on the Website, you authorize the Company to make that information available to potential employers and users of the Website and any resume search features on the Website. The Company may allow users to use features or functions on the Website that may search any document or information that you upload to the Website. When you create or upload a new version of your resume as part of an application, the Company may automatically save that copy to your profile. The Company disclaims all liability for your profile and information shared with employers or made public. The Company does not guarantee your profile will be shown to any specific employer or that the profile database will always be available. The Company reserves the right to limit or change your profile’s visibility for fraud prevention or other reasons at any time.

By providing your phone number in your profile or by including it in materials sent to employers, you agree that the phone number may be shared with employers or employers may contact you through the Website. The Website may mask your contact information (name, email, phone) on your profile, resume, or application with an alias (like your job title) to mitigate fraud. This decision is at the Company’s sole discretion. The Company may also mask employer contact information. You agree to be contacted by masked numbers/emails and may not be able to return calls without the real number.

You are solely responsible for the accuracy and content of your profile and resume. Do not include sensitive information you do not want to be made public, or known to employers, such as financial details, social security numbers, addresses, or confidential health information. You may be able to save multiple resume versions to your profile. If so, the Company stores these at its discretion and may remove them without notice or liability; you are responsible for keeping your own copies.

When you apply for a job through the Website, you authorize the Company to transmit your application and any related information to the relevant employer via automated processing. Before submitting your application, you can and should review all information, including attached files, to ensure accuracy and completeness for your desired job application. You are solely responsible for your application’s content. The Company may reformat applications or messages and may add attribution information to them (for example, in a file name or footer) so that employers know they originated from the Company. Employers may request the Company assemble applicant materials (applications, resumes, screener answers, and other provided information) into a single document. You acknowledge that employers may also use tools, including artificial intelligence and machine learning models, to process, sort, and analyze applicant materials. The function of these tools may include generating summaries, translations, and other information, which employers can use or discard as part of their decision-making process.

The Company does not control employers or their application processes. Employers, and not the Company, decide which qualifications are relevant for which job, who is qualified for a job (or not), and who moves forward (or does not) in the process. Once your information is shared, the employer’s use of that information is governed by their policies and applicable hiring laws. Any request to delete or modify your data must be made directly to the employer. If you require alternative methods for applying, you must approach the employer directly to request such alternative method, as the Company is not responsible for the employer application process. The Company is not responsible for employer-provided content or employer messages. The Company does not select employer questions or qualification criteria. Employers are solely responsible for compliance with all applicable laws, including anti-discrimination and data protection laws.

The Company does not guarantee that your application will be delivered, received, or acted upon, or that you will receive a response or an interview. Job advertisements may expire before your application is submitted. The Company relies on employers or their representatives for accurate application destinations and cannot verify the contact information provided. Incorrect electronic destinations will prevent delivery. The Company does not guarantee error-free integrations or interfaces, but may alert you to issues. We are not responsible if the Website rejects, alters, or fails to deliver an application, or part of an application, to an employer for any reason.

To maintain the quality of the Website and reduce fraud and spam, the Company in its sole discretion may impose limits on your use of the Website. This may include limiting the number of daily job applications you can submit through the Website. Further, you acknowledge that the Company may require that users verify their email address or phone number to use the Website or apply for jobs.

The Company does not guarantee the identity of an employer or any individuals working for any employer, and cautions job candidates when applying to jobs. The Company cannot make any guarantee regarding health and safety measures in an employer’s hiring or interviewing process. The Company does not guarantee the validity of a job offer and cautions job candidates to verify the validity of a job offer before taking any adverse action, including regarding their current employment situations. Job candidates are solely responsible for verifying the accuracy or legitimacy of any employer or job offer.

Employers may ask applicants to voluntarily self-identify certain demographic information, such as race, ethnicity, sex, disability, or veteran status along with their job applications. Some employers are required by law to ask these questions, and you may see these questions when applying to jobs on the Website. If you have questions or concerns about an employer’s application materials, please contact the employer directly or refer to the employer’s privacy policy. The Company is not responsible for and exerts no control over the content of these employer-asked voluntary self-identification questions.

The Company may collect certain information about you and any actions taken by you on the Website or an employer’s site (e.g., job advertisements viewed, applications started/completed) using automated means, such as via API, cookies, pixels, and web beacons in compliance with applicable law. However, you acknowledge and agree that the Company has no control over any such employer or its website. You agree with the Company’s use of, and receipt of information from, any such tracker functionality.

You agree that any information or data contained in or associated with your profile may be used to suggest jobs to you and to suggest your profile to employers that might be interested in a person who matches your qualifications and preferences on our Website. You also agree that the Company may contact you based on this collected behavioral information and data, or provided information on behalf of employers.

Job candidates may request that the Company disable an account at any time by visiting your account settings at 18to22.net/account and completing the account deletion process, which includes identity verification. Please note that the Company may be required to preserve business records pertaining to that account to comply with the Company’s obligations under law or to establish or exercise the Company’s legal rights. After you terminate your account, the Company may retain your information after the date of termination.

3.b. Employers.

As an employer accessing and using our Website, you agree to be bound by these Terms of Use as they apply to employers. You agree that your license and right to use the Website is automatically revoked upon your attempt to use the Website for purposes other than to post job advertisements, make information available regarding employment opportunities or openings, seek job candidates, or otherwise obtain information related to hiring, in each case as permitted by these Terms of Use.

The Company does not and will not serve as an agent or representative for your company or any user. We expressly reject delegation to the Company of any decision-making authority by any user. The Company offers the Website to you strictly for your consideration and your decision-making within your own recruitment and hiring processes. Only you, and not the Company, control and decide on these processes, including selecting qualifications, selecting or evaluating candidates, advancing or not advancing any candidate to any step, such as an interview, and hiring or not hiring any applicant. You are responsible for ensuring your criteria are job-related and consistent with business necessity and for selecting alternative criteria when appropriate. You are solely responsible for your account and your use of the Website, and your access to and use of the Website is conditioned on your agreement that you will not use the Website, in whole or in part, as a substitute for your own independent judgment or decision-making at any step. The Company is not responsible and disclaims all liability for any actions taken or not taken based in whole or in part on any information you submit or receive in connection with your use of the Website.

For purposes of this section, all references to “you” or “your” shall mean you, the individual, entity, or organization accessing the Website on your behalf and in your capacity as an employer.

By creating an account and agreeing to these Terms of Use, you represent and warrant that any user who accesses or represents your employer account or who takes action on your behalf on any part of the Website is also bound by these Terms of Use. Further, you represent and agree that anyone who accesses or uses the Website through your employer account is authorized by you to agree to these Terms of Use (including the Arbitration provisions set out in Section 24), to take actions on your behalf, and to agree to any additional terms or obligations that their actions entail. You accept full responsibility for any such use and agree not to give access to anyone you do not authorize to take actions and agree on your behalf.

As an employer, you are solely responsible for your account, your use of the Website and any tools offered through the Website, your decisions regarding job descriptions, job requirements, any and all content of your job applications and screener questions, whom you interview or hire, any information you decide to use, and compliance with applicable laws, including relevant federal, state, and local laws regarding the foregoing and any other aspect of employment. The Company is not responsible and disclaims all liability for any actions taken or not taken based in whole or in part on any information you receive in connection with your use of the Website.

When you create an account on behalf of an employer, the account belongs to the employer, and you acknowledge that any and all information that you provide to the Company through the account, such as the actions you take and when you take them, will be visible to the employer. As part of this account, you may have an individual profile. Your profile consists of information you provide on the Website. Employers may request that the Company disable an account at any time, with thirty (30) days’ prior written notice to the Company, by visiting your account settings at 18to22.net/account and completing the account deletion process, which includes identity verification. Please note that the Company may be required to preserve business records pertaining to that account to comply with the Company’s obligations under law or to establish or exercise the Company’s legal rights. After you terminate your account, the Company may retain your information after the date of termination.

As an employer, your account is for business use and not for personal use. You are responsible for all activity on your account, including any job advertisements posted, services purchased, and the management of user access and roles. The Company is not responsible, and disclaims all liability, if your account credentials are used improperly or falsely by a third party. The Company may notify job candidates if your employer account is compromised but does not guarantee notice delivery or accuracy, and the Company bears no responsibility or liability for such communications.

You are solely responsible for all content you post, including job advertisements, screener questions, and employer pages. You must ensure your content is accurate, non-discriminatory, and complies with all applicable laws, including wage and hour, anti-discrimination, and data privacy laws. You are also responsible for offering alternative methods of screening and for providing reasonable accommodations for individuals with disabilities, if required by laws such as the Americans with Disabilities Act. Where required by law, you must clearly indicate that reasonable accommodations are available, provide contact information for job candidates requesting ADA-related accommodations when prompted on the Website, engage with and respond to any requests for accommodation, and provide information about how to request an accommodation to job candidates. If you close or change any job advertisements that you post, you agree to promptly update such job advertisements on the Website or otherwise notify the Company.

The Company may reject or remove any job advertisement or limit its visibility for any reason, such as if your job advertisement violates our policies or does not indicate a salary above minimum wage or does not comply with applicable law, at our sole discretion. We are not obligated to provide a reason for removal, and you remain responsible for compliance with applicable laws.

When you post a job advertisement, the Company may automatically create an employer page for you, displaying public company information. You authorize the Company to claim this page on your behalf, allowing you to edit it. User content, including job advertisements (both directly posted by you and indexed by the Company from other sources), may appear on your employer page. You are solely responsible for content you add or edit on your employer page, including photos, videos, and linked third-party websites. We moderate user content using the same standard of review for all employers and do not provide preferential treatment for our customers. You understand and agree that our application of user content moderation policies, and our decision of whether or not to remove a piece of user content, is within our sole discretion and cannot form the basis of a violation of the Terms of Use.

The Company may enable AI-powered sourcing features for certain jobs or within certain products as indicated on the Website. These sourcing features use artificial intelligence and machine learning models (including third-party large language models) to support employer candidate management needs. AI-powered sourcing is provided solely as a tool for you to use as you see fit, and the Company does not have authority to make employment decisions on your behalf. You agree to use any such tool only with appropriate oversight and meaningful human review. You agree that no such feature is a decision-making system about applicants.

You are responsible for ensuring that your instructions, sourcing, and selection criteria are job-related and consistent with business necessity, for selecting alternative criteria when appropriate, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that your instructions or criteria do not screen out people with disabilities or members of any protected category under the law. You agree that the Company may in its discretion moderate, reject or remove (in part or all of) your user content, provided that the Company is not responsible for your user content or hiring practices, and the Company disclaims all liability for such content or practices, including whether such content or practices are legal.

You are responsible for your own compliance with any applicable record-retention requirements. The Company is not responsible for maintaining or storing employment records, application materials, or data on your behalf. The Company may allow you to delete candidate and application data from your company page. Deleting this information may be irreversible, and you will lose access to it on the Website. The Company is not responsible for how third parties treat, delete, or retain application materials.

The Company may offer job candidate summaries, using information from both the job candidate and your job description. These summaries are not employment recommendations. Employers must review the full application and not base employment decisions solely on summaries. Employers are responsible for verifying information on the Website. The Company may offer functionality that groups candidates based on whether they meet or may meet employers’ criteria, based on text in their resumes or answers to screener questions. In all cases, employers can view any applicant at any time, and the Company makes no decisions about any applicant. You agree that such functionality does not constitute or contribute to a decision and is not a substitute for human discretion and review. You agree not to use any Company provided functionality, summary, score, or other content as the sole factor, as a factor weighted more than other factors, or to modify or overrule conclusions derived from other factors, in your decision-making, recruitment, or hiring processes.

For certain jobs requiring specific credentials (such as professional licenses or certifications), you may require job candidates to provide proof of such credentials. The Company does not guarantee that any information provided by a job candidate is accurate, current, or complete. If you include voluntary self-identification questions for job candidates along with your application materials, you are solely responsible for compliance with applicable laws related to such questions, including the content and format of the questions and your use of the job candidate’s responses.

The Company does not guarantee email or application delivery, or error-free data transmission/storage. You are responsible for checking your account for applications and info. The Company may provide application notifications, but they are a courtesy; do not rely on them. In the event a message being sent is intended for a closed account, these messages will not be deliverable. If you provide incorrect contact information, you are responsible for correcting it, responding appropriately, or taking any necessary steps to protect job candidate’s privacy.

You acknowledge that as part of its efforts to combat fraud and spam, the Company may require that users verify their email address, including job candidates applying to your job. However, email verification is not guaranteed. You are responsible for your use of any software that rejects applications from unverified email addresses.

The Company may mask or substitute contact information with an alias (e.g., phone numbers, email addresses) for both employers and job candidates. You agree to job candidates contacting you via masked numbers or emails. If you do not leave your direct contact information when using a masked number, the job candidate may not be able to reach you by phone after the masked number expires. The Company is not responsible for how job candidates use your contact information once obtained.

Employer Data Use Restrictions.

As an employer, you agree that any personal data, candidate information, resumes, application materials, or other information you receive through the Website about job candidates (“Candidate Data”) is provided solely for the purpose of evaluating candidates for the specific job opportunity to which they applied or for which they were identified through the Website. You may not:

• Sell, rent, license, or otherwise disclose Candidate Data to any third party for any purpose unrelated to the specific job opportunity for which the data was received, except as required by law.
• Use Candidate Data for any purpose other than evaluating the candidate for the applicable job opportunity, unless you obtain independent, affirmative consent directly from the candidate for such other use.
• Retain Candidate Data for longer than is reasonably necessary to complete the hiring process for the applicable job opportunity, unless a longer retention period is required by law or you have obtained independent consent from the candidate.
• Use Candidate Data to build, contribute to, or supplement any database or directory for sale or commercial distribution to third parties.

You are solely responsible for your compliance with all applicable data protection and privacy laws with respect to Candidate Data you receive through the Website, including but not limited to notice, consent, and deletion obligations under applicable state and federal law.

Employer Content License.

By posting or submitting any content through the Website, including job advertisements, employer page content, logos, images, screener questions, and other materials (“Employer Content”), you grant the Company and its affiliates a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, transferable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit such Employer Content in any form, media, or technology, for any purpose in connection with operating, providing, promoting, and improving the Website and the Company’s business. This license includes the right to reformat, index, cache, and display Employer Content in search results, on employer pages, in promotional materials, and through any other distribution channels used in connection with the Website. This license survives the termination of your account, except that upon your written request, the Company will use commercially reasonable efforts to remove Employer Content from active public display on the Website within a reasonable time, subject to the Company’s right to retain copies as necessary for legal compliance, business records, and archival purposes.

Employer Indemnification.

You acknowledge and agree that the Company would not have granted you access to the Website or the Services but for the allocation of risk set forth in these Terms of Use, including without limitation the disclaimers, limitations of liability, and indemnification obligations contained herein, and that such allocation of risk is an essential and material inducement for the Company to make the Website and the Services available to you.

As an employer, you agree to indemnify, defend, and hold harmless the Company and its parents, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, service providers, successors, and assigns (collectively, the “Company Indemnitees”) from and against any and all claims, actions, suits, proceedings, investigations, demands, judgments, awards, damages, losses, liabilities, obligations, penalties, fines, and all costs and expenses of any kind whatsoever (including reasonable attorneys’ fees, expert witness fees and costs) (collectively, “Losses”), whether arising in law or in equity, under contract, tort, statute, or otherwise, arising out of or relating to, directly or indirectly:

(a) your access to or use of the Website or the Services, including any acts or omissions by you, your employees, agents, contractors, or any person or entity that accesses or uses your employer account, and including any breach of these Terms of Use, the Privacy Policy, or any representation, warranty, or obligation you have made or assumed hereunder, and any claim by any job candidate, applicant, user, governmental authority, or other third party arising out of or relating to your hiring practices, employment decisions, use of AI-powered tools or features, screener questions, job advertisements, data handling, or any other activity conducted through or in connection with the Website or the Services;

(b) your Employer Content, including any job advertisements, screener questions, employer page content, logos, images, or other materials you post, submit, or make available through the Website, including any claim that such Employer Content infringes, misappropriates, or otherwise violates any third party’s intellectual property rights, privacy rights, publicity rights, or other legal rights, or violates any applicable law, rule, or regulation;

(c) your collection, use, storage, disclosure, retention, transfer, or other processing of Candidate Data, including any actual or alleged violation of any applicable data protection, privacy, or consumer protection law, rule, or regulation, including without limitation state privacy laws, the Washington Privacy Act (if enacted), the California Consumer Privacy Act, the Americans with Disabilities Act, and any state or federal anti-discrimination, wage-and-hour, or employment law;

(d) any unauthorized access to, breach of, or compromise of your employer account, including any data breach, security incident, or unauthorized disclosure of Candidate Data or other personal data resulting from your failure to maintain the security and confidentiality of your account credentials, or from the acts or omissions of your employees, agents, contractors, or any third party acting through or on behalf of you, including without limitation any breach caused or facilitated by artificial intelligence tools, automated systems, or other technology used by you or on your behalf;

(e) any class, collective, representative, or consolidated action, or any action seeking injunctive, declaratory, or other equitable relief, brought by one or more job candidates, applicants, users, or other third parties against any Company Indemnitee, to the extent arising out of or relating to any of the foregoing clauses (a) through (d).

Your indemnification obligations under this section include the obligation to reimburse the Company Indemnitees for all Losses as they are incurred, including in advance of the final disposition of any action, claim or proceeding. The Company Indemnitees shall have the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify any Company Indemnitee, and you agree to cooperate fully with the Company Indemnitees’ defense of such claims. You shall not settle any claim, action, or proceeding subject to this indemnification provision without the prior written consent of the Company, which consent shall not be unreasonably withheld, conditioned, or delayed.

This indemnification obligation is in addition to, and not in limitation of, any other indemnification obligation set forth in these Terms of Use (including Section 22) or any other agreement between you and the Company, and shall survive the termination or expiration of these Terms of Use and your use of the Website and the Services.

4. Intellectual Property Rights.

The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of the Website) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

For job candidates, these Terms of Use permit you to use the Website for your personal, non-commercial use only. Employers accessing the Website pursuant to Section 3.b. may use the Website for business purposes directly related to recruiting and hiring as expressly described therein. Except as expressly permitted under Section 3, neither job candidates nor employers may circumvent, design around, reverse engineer, reproduce, distribute, perform, display, modify, create derivative works of, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one (1) copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide any social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from the Website.
• Use or copy any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

Except as permitted by Section 3.b., you must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: team@18to22.net.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

5. Trademarks.

The Company name, the terms “18to22” and “18to22.net,” and all related names, logos, product and service names, designs, slogans, and trade dress are trademarks or trade names of the Company or its affiliates or licensors (collectively, the “Company Marks”). You must not use the Company Marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Without limiting the foregoing, you may not: (a) register or attempt to register any trademark, service mark, trade name, domain name, or social media handle that is identical or confusingly similar to any Company Mark; (b) use any Company Mark or any confusingly similar variation in any advertising, promotional material, or domain name without the Company’s prior written consent; or (c) use any Company Mark in any manner that is likely to cause confusion, mistake, or deception among consumers, or that disparages or discredits the Company. Unauthorized use of the Company Marks may constitute trademark infringement and unfair competition in violation of federal and state law.

AI-Generated Content.

The Website may generate content using artificial intelligence and machine learning tools, including but not limited to candidate summaries, matching scores, job recommendations, salary estimates, suitability assessments, performance analytics, and other automated outputs (“AI-Generated Content”). All AI-Generated Content is owned by the Company. Neither job seekers, employers, nor any other users acquire any intellectual property rights in AI-Generated Content. You may use AI-Generated Content only in connection with your authorized use of the Website and solely for the purposes for which it is provided. You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit AI-Generated Content outside of the Website without the Company’s prior written consent. AI-Generated Content is provided for informational purposes only and does not constitute an employment recommendation, endorsement, or guarantee. You are solely responsible for any decisions you make based on AI-Generated Content.

6. Prohibited Uses.

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

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the terms set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or that, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to circumvent, design around or interfere with the proper working of the Website.

Anti-Scraping; Automated Access; Remedies.

You may not use any robot, spider, scraper, crawler, artificial intelligence tool or agent, large language model, machine learning system, or other automated means to access the Services for any purpose, including without limitation to monitor, copy, mine, extract, train on, or otherwise ingest data from the Services, without our prior express written consent. You may not conduct screen scraping, database scraping, or any other activity intended to collect, store, reorganize, summarize, or manipulate any content or data available on or through the Services, whether through automated means or through the use of artificial intelligence, machine learning, or similar technologies. You may not use any content or data from the Services to train, fine-tune, improve, validate, or benchmark any artificial intelligence model, large language model, machine learning system, or similar technology, whether owned by you or any third party, without our prior express written consent. You may not bypass any measures we may use to prevent or restrict access to the Services, including without limitation CAPTCHA protections, rate-limiting mechanisms, robots.txt directives, or other technological barriers. You acknowledge that any violation of this Section would cause irreparable harm to the Company for which monetary damages would be an inadequate remedy, and you agree that the Company shall be entitled to seek injunctive or other equitable relief in addition to any other remedies available at law or in equity, without the necessity of proving actual damages or posting any bond or other security.

7. User Contributions.

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (“post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the terms set out in these Terms of Use.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable (through multiple tiers), transferable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, search, index, and otherwise exploit such User Contribution in any form, media, or technology now known or hereafter developed, for any purpose in connection with operating, providing, promoting, and improving the Website and the Company’s business, and for any other lawful business purpose. This license continues after you stop using the Website or delete your account; however, User Contributions that have been shared with employers, processed by the Company’s systems, cached, archived, or otherwise distributed prior to your account deletion are not subject to retrieval or removal, except as required by applicable law.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Ownership of User Contributions.

You retain all ownership rights in your User Contributions, including your resumes, profiles, application materials, and other content you submit through the Website. Nothing in these Terms of Use transfers ownership of your User Contributions to the Company. However, by posting User Contributions, you grant the Company the license described above.

8. Monitoring and Enforcement; Termination.

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

9. Content Standards.

These content standards apply to any and all User Contributions, use of the Website, and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely or intend to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

10. Copyright Infringement.

It is the policy of the Company to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (“DMCA”), and to terminate the accounts of repeat infringers in appropriate circumstances.

Designated Agent.

The Company’s designated agent for receiving notifications of claimed copyright infringement (“Designated Agent”) is:

18to22 Inc.
Attn: DMCA Agent
Email: team@18to22.net

DMCA Takedown Notice.

If you believe that any content on the Website infringes your copyright, you may submit a written notification to the Designated Agent containing the following information required by DMCA § 512(c)(3):

• A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf.
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works.
• 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 the Company to locate the material.
• Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and an email address.
• A statement 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.
• 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 owner of an exclusive right that is allegedly infringed.

Upon receipt of a valid DMCA notification, the Company will expeditiously remove or disable access to the allegedly infringing material and will notify the user who posted the material that it has been removed.

Counter-Notification.

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may submit a written counter-notification to the Designated Agent containing the following information required by DMCA § 512(g)(3):

• Your physical or electronic signature.
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled.
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, the United States District Court for the District of Arizona), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.

Upon receipt of a valid counter-notification, the Company will promptly forward a copy to the party who submitted the original DMCA notification. If the original notifying party does not file a court action seeking a restraining order against the user within ten (10) business days after receiving the counter-notification, the Company will restore the removed material.

Repeat Infringers.

The Company will terminate the accounts of users who are determined to be repeat infringers in appropriate circumstances.

Standard Technical Measures.

The Company accommodates and does not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works, as defined in 17 U.S.C. § 512(i).

Misrepresentation Warning.

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability for damages, including costs and attorneys’ fees.

11. Reliance on Information Posted.

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

12. Changes to the Website.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

13. Information About You and Your Visits to the Website.

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

14. Online Purchases and Other Terms and Conditions.

Certain features of the Website, including sponsored job advertisements, enhanced visibility features, candidate-management tools, and other employer products (“Paid Services”), are available for a fee. Paid Services are a subset of the Services. Certain features of the Services, including candidate-management tools and employer products, may be available in both free and paid versions; the paid versions constitute Paid Services. By purchasing or subscribing to Paid Services, you agree to pay the applicable fees and to the following terms, which are incorporated into these Terms of Use.

Fees and Payment.

You agree to pay all fees associated with the Paid Services you select. All fees are stated in U.S. dollars and are non-refundable except as expressly provided herein or required by applicable law. You must provide a valid payment method and authorize us to charge that payment method for all fees incurred.

Subscriptions and Automatic Renewal.

If you purchase a subscription to Paid Services, your subscription will automatically renew for successive periods of the same duration as the original subscription term (e.g., monthly or annually) unless you cancel before the renewal date. You authorize us to charge the applicable renewal fee to your payment method on file at the beginning of each renewal period. We will notify you of the renewal fee and renewal date in advance of each renewal.

Automatic Renewal Disclosures.

In compliance with applicable state consumer protection laws (including the Washington Consumer Protection Act, RCW 19.86) and federal regulations:

• Before enrolling you in an automatic renewal or continuous service, we will present the automatic renewal offer terms in a clear and conspicuous manner, including the cancellation policy and information about how to cancel.
• We will not charge your payment method for an automatic renewal unless you have affirmatively consented to the renewal terms.
• We will provide you with an acknowledgment that includes the automatic renewal terms, cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by you.
• If the automatic renewal terms materially change, we will provide you with a clear and conspicuous notice of the change and information regarding how to cancel.

Cancellation.

You may cancel a subscription at any time through your account settings at 18to22.net/account or by contacting us at team@18to22.net. Cancellation will take effect at the end of the then-current billing period. You will continue to have access to Paid Services through the end of the period for which you have already paid. No refunds or credits will be issued for partial subscription periods unless required by applicable law.

Refunds.

Unless otherwise required by applicable law, all fees for Paid Services are non-refundable. If you believe you have been charged in error, you must contact us within thirty (30) days of the charge. Notwithstanding the foregoing, we will refund unused prepaid credit and re-credit mis-billed clicks as set out in our Billing, Refund and Delivery Policy, which is incorporated into these Terms of Use by reference.

Price Changes.

We may change the fees for Paid Services at any time. If you have an active subscription, we will provide you with at least thirty (30) days’ advance notice of any fee increase. Your continued use of the Paid Services after the price change takes effect constitutes your acceptance of the new fee. If you do not agree to the fee change, you may cancel your subscription before the change takes effect.

Suspension and Termination.

We may suspend or terminate your access to Paid Services if your payment method is declined, your account is past due, or you violate these Terms of Use. The Company may terminate any agreement or payment terms with you at any time, for any or no reason, in the Company’s sole discretion.

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

15. Linking to the Website and Social Media Features.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Website.
• Send emails or other communications with certain content, or links to certain content, on the Website.
• Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

16. Links from the Website.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

17. Assignment.

You may not assign, transfer, or delegate your rights or obligations under these Terms of Use, in whole or in part, without the prior written consent of the Company. Any attempted assignment in violation of this provision shall be null and void. The Company may freely assign, transfer, or delegate its rights and obligations under these Terms of Use, in whole or in part, without notice or consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. These Terms of Use shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

18. Website Accessibility / ADA Compliance.

The Company is committed to making the Website accessible to all users, including individuals with disabilities. We endeavor to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards and to comply with applicable accessibility requirements, including the Americans with Disabilities Act. We are continually working to improve the accessibility of the Website. If you experience any difficulty accessing or using any portion of the Website, please contact us at team@18to22.net with a description of the issue, and we will make reasonable efforts to address it. The Company welcomes feedback regarding the accessibility of the Website.

19. Notices.

To contact us regarding these Terms of Use, please email us at team@18to22.net. We may send notices to you by email to the address associated with your account or by posting a notice on the Website. You are responsible for keeping your contact information current.

20. Disclaimer of Warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Limitation on Liability.

TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE LAST TWELVE (12) MONTHS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

22. Indemnification.

You, as a job candidate or visitor, agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) arising out of or relating to your violation of these Terms of Use or your use of the Website, including your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

23. Governing Law and Jurisdiction.

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

Subject to Section 24, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted in the federal courts of the United States or the courts of the State of Arizona, in each case located in the County of Maricopa. You consent to the exclusive personal jurisdiction and venue of such courts for any proceeding not subject to arbitration under Section 24, and you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

24. Dispute Resolution.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a) Informal Negotiation.

Before initiating any arbitration or court proceeding, you and the Company agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to the Terms of Use or the Services (“Claim”) informally for at least sixty (60) days. Informal negotiations begin upon receipt of written notice from one party to the other. You must send your notice by email to legal@18to22.net. We will send our notice to the email address associated with your account.

(b) Binding Arbitration.

If a Claim cannot be resolved through informal negotiation within sixty (60) days, you and the Company agree that the Claim shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, except as modified by this Section. The AAA Rules are available at www.adr.org. This Section is governed in all respects, both procedurally and substantively, by the Federal Arbitration Act, 9 U.S.C. §§ 1–16.

(c) Arbitration Procedures.

The arbitration will be conducted by a single arbitrator. If your Claim is for $10,000 or less, you may choose whether the arbitration is conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearing will take place in the county where you reside, unless the parties mutually agree otherwise.

(d) Arbitration Costs.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If you initiate arbitration, the Company will reimburse your initial filing fee upon the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county of residence, unless the arbitrator finds your Claim was brought for an improper purpose or is frivolous.

(e) Class Action Waiver.

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding. If this class action waiver is found unenforceable, then the entirety of this Dispute Resolution section shall be null and void. YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN REGARD TO ALL CLAIMS SUBJECT TO THESE TERMS OF USE.

(f) Opt-Out Right.

You have the right to opt out of this arbitration provision. You may opt out by sending written notice by email to legal@18to22.net, within thirty (30) days after you first agree to the Terms of Use. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, you and the Company may litigate Claims in court, subject to the remaining Terms of Use.

(g) Exceptions.

This arbitration provision does not preclude either party from (i) filing a Claim in small claims court on an individual basis, or (ii) seeking interim or provisional injunctive relief in a court of competent jurisdiction pending the outcome of arbitration. Nothing in this Section prevents either party from filing or participating in proceedings before federal, state, or local agencies.

(h) Survival.

This Dispute Resolution section shall survive termination or expiration of the Terms of Use.

25. Waiver and Severability.

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court, agency, or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable to any extent in any context, it shall nevertheless be enforced to the fullest extent allowed by law in that and other contexts, and the court shall reform such provision to the maximum extent necessary to make it valid and enforceable while preserving the original intent of the parties. The validity and force of the remainder of these Terms of Use shall not be affected thereby.

26. Force Majeure.

We will not be liable for any delay or failure to perform any obligation under these Terms of Use where the delay or failure results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, labor disputes, government actions, power or internet failures, or third-party service disruptions.

27. Entire Agreement.

The Terms of Use, our Privacy Policy, and our Billing, Refund and Delivery Policy constitute the sole and entire agreement between you and the Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

28. Your Comments and Concerns.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: team@18to22.net.