TERMS AND CONDITIONS

TCRA CONNECT TERMS OF SERVICE AND CONDITIONS OF USE

1. Introduction

Welcome! These Terms and Conditions of Use (“Agreement” or “Terms”) is a legal agreement between you and The Court Reporting Academy, Inc. (“TCRA”, “We”, “Our”, or “Us”). By accessing this website to use any of Our services (the “Services” or ”Service”), You are agreeing to be bound by these Terms of Service, and further agree to any additional terms referenced herein, including Our Privacy Notice and Data Processing Agreement, which sets out the terms of how We process any Personal Data collected from You. These additional Policies can be found at www.tcraconnect.com.  If You do not agree to these Terms, the Privacy Notice, the Data Processing Agreement, and any other referenced agreements or documentation, You must not access or use the Services. In agreeing, You also represent that You have the authority to bind Yourself and/or the company You represent if any and have disclosed all information to TCRA, as necessary, to perform the Services. Capitalized terms are as defined throughout this Agreement.

2. Services

This Agreement applies to all TCRA Services including TCRA professional training courses, scholarship or  sponsorship programs, or career services including: (a) those through www.TheCourtReportingAcademy.com or www.tcraconnect.com (the “TCRA Website” or Websites”) and (b) other TCRA-related sites, apps, communications, and other Services. This Agreement applies to all registered users and clients of Our Services (“Users(s),” or as used herein, “You,” “Your”, “Yourself”) who use the Services.

3. Registration and Account Information

In order to use Our Services, You must register for an account and provide additional information required or requested by Us so that we can effectively provide Our Services to You. In registering and subscribing to specific Services We provide, You agree to provide (i) accurate, current, and complete information about You or Your company (“Registration Data”).If TCRA has reason to believe that Your Registration Data is inaccurate, outdated, or incomplete, TCRA may suspend or terminate Your account, in its sole discretion. You agree You will not: (a) create an account using a false identity or information that is not your own; (b) have more than one account; or (c) create an account or use the Services if You have been previously removed from the Services. We reserve the right, in Our sole discretion, to accept or reject Your registration to use Our Services, as well as suspend or terminate Your account for any reason, or no reason at all. You are responsible for maintaining the confidentiality of Your password and account and You will be fully responsible for any and all activities that occur under Your account. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of account security.

4. Your Responsibilities as a User on TCRA Websites

You are responsible for Your use of the Services and for any use of the Services made using Your account, including by any authorized or unauthorized third parties. When using Our Services, You agree that You will not: (a) copy or distribute any part of the Services, including by way of automated or non-automated “scraping”; (b) use any automated systems including “robots” and “spiders”; (c) interfere with or compromise Our systems’ integrity or decipher any server transmissions; (d) impose any unreasonably large load on Our infrastructure; (e) upload viruses or worms to the Service; (f) collect or retain any personally identifiable information contained in the Service beyond the permitted use hereunder; (g) access the Service by any means other than authorized herein, including virtual private networks which are expressly forbidden; (h) stalk, harass, bully or harm others; (i) impersonate any person or entity; or (j) hack, spam, phish, or otherwise provide fraudulent, manipulative, or inflammatory content. Your continued access to Our Services is contingent on Your agreement to act in a professional manner.

4.1 Conduct of Employment Agencies and Employment Businesses Regulations 2003. TCRA, the Client, and the Candidate, agree that for the purposes of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the “Conduct Regulations”), TCRA shall be an ’employment agency’ and the Client shall be a ‘hirer’, and the Candidate shall be a ‘work-seeker’ as defined in the Conduct Regulations and Employment Agencies Act 1973.

By accepting the terms set out in this Agreement, the Candidate agrees to provide TCRA with such information as TCRA may reasonably request, including (without limitation) as to the identity of the Candidate and information in relation to the Candidate’s experience, training, qualifications and authorizations as are necessary to undertake the work. The Candidate accepts that TCRA may not be able to introduce the Candidate to a Client if any of the information requested is required and has not been provided.

By accepting the terms set out in this Agreement, the Client agrees to provide all the information needed by TCRA to enable TCRA to comply with its obligations under the Conduct Regulations. The Client shall notify TCRA as soon as reasonably practicable if any of this information changes. The Client accepts that TCRA may not be able to introduce a Candidate if any of the information referred to above has not been provided.

The Client shall indemnify and keep indemnified the TCRA Parties and their respective officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) arising from the Client’s breach of any of its obligations under this Section, including as a result of the Client’s failing to provide the information required or providing information which is inaccurate or incomplete.

5. Third Party Agents

Users may permit third-party agents to use the Service on their behalf (“Third-Party Agents”) but will remain fully responsible for their Third-Party Agents’ actions, and any breach of this Agreement by a Third-Party Agent shall be deemed to be a breach by the User. The Service is to be accessed by Users and its authorized users (“Authorized Users”) only and only for Users’ internal business purposes, not for resale or unauthorized distribution to any third-party.

6. Third Party Services

TCRA may provide to You offers to or from certain third-party services -party service providers (collectively, “Third-Party Service(s)”) which may also provide to You links to sites, job postings, email and telephone correspondence and other offers outside of the TCRA network. Such Third-Party Services are provided “AS IS” without indemnification, support, or warranty of any kind, and this Agreement does not apply to Your use of any such provided Third-Party Services. You are responsible for evaluating whether You want to access or use such Third-Party Services, and, in certain circumstances where required or applicable, may opt-out from such Third-Party Services available outside of the TCRA network, or may choose to not utilize such Third-Party Services at any time. We reserve the right to suspend Third-Party Services at any time. You should review any applicable terms and/or privacy policies of a Third-Party Service before using it or sharing any information with it, because You may give the operator permission to use Your information outside of what You have agreed to herein. TCRA is not responsible for, nor endorses any features, content, advertising, products or other materials on or available from such Third-Party Services.

7. Content

As part of the Service, We collect and present information related to Candidate and  (the “Content”).  Most of the Content is provided directly by the Candidates for which they have signed an information release agreement, while some of the Content is contributed by TCRA, including but not limited to instructor comments, course and skills test scores, and Candidate survey results. You understand that TCRA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of TCRA. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the TCRA and its owners, affiliates, representatives, licensees, licensors and assigns (the “TCRA Parties”) with respect thereto.

8. Licensing to TCRA

You will retain all rights to the Content that You upload or create on or through the Services. You hereby grant to TCRA Parties a non-exclusive, fully paid, royalty-free, world-wide, universal, transferable license to display, modify, publicly perform, distribute, store, broadcast, transmit and reproduce Your Content, logo(s), service marks, trademarks and trade names in conjunction with the Services, including in developing, enhancing, and supporting the Services. You waive and agree never to assert any and all moral rights in and to all of the materials licensed in this Section. We reserve the right to display advertisements in connection with the Content.

9. Limitations On Liability

TCRA is not liable for: (a) any Content posted on Our Services; (b) contracts or other obligations that may arise between Users; (c) any damages that result through Your use of Our Services in violation of this Agreement; (d) any negative or critical comments that may be posted by other Users through the Services; (e) any of the Third-Party Service(s) You may be provided pursuant to Your use of the Services; or (f) any third-party personally identifiable information You upload or provide to TCRA pursuant to the Services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL TCRA PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER OR NOT TCRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SERVICES; (ii) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICES; OR (iii) ANY OTHER MATTER RELATED TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL TCRA PARTIES BE LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER OF: (A) THE TOTAL AMOUNT PAYABLE BY THE USER TO TCRA FOR THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CAUSE OF ACTION FIRST AROSE; OR (B) ONE HUNDRED DOLLARS ($100).

THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

You agree that Our licensors and service providers will have no liability of any kind under this Agreement and further agree that You may not bring any claim under this Agreement more than six (6) months after the cause of action arises.

10. Intellectual Property Rights

The entirety of the Services, along with any logos, features, trademarks, designs, or the like contained therein (“Marks”), are owned by or licensed to TCRA, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. TCRA reserves all rights in and to the Services. You agree You will not use, copy, or distribute any content contained within the Services beyond the authorized use hereunder.

11. Disclaimer Of Warranties

SERVICES ARE PROVIDED TO YOU “AS IS”. TCRA PARTIES EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS SUCH AS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT.

TCRA PARTIES MAKE NO GUARANTEE THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (C) THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT ANY COMMUNICATION SENT THROUGH THE SERVICE MAY BE VIEWED BY THIRD PARTIES AND, AS SUCH, ARE NOT CONSIDERED CONFIDENTIAL AND TCRA HAS NO RESPONSIBILITY, CONTROL OVER, OR LIABILITY FOR THE CONTENT OF THOSE MESSAGES, ANY ATTACHMENTS TO THOSE MESSAGES, OR THE CHOSEN RECIPIENTS BY THE SENDER, WHETHER SENT THROUGH THE SERVICE, OR VIA YOUR PREFERRED E-MAIL SERVICE.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISION.

12. Indemnity

You agree to defend and indemnify the TCRA Parties from and against any third-party claim, including reasonable attorney’s fees, court costs, settlements, and disbursements, from or relating to: (a) Your Content or other Users’ Content; (b) Your use of and access to the 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 Service; (e) Your use of any Third-Party Services; and (f) claims alleging that the TCRA Parties and the Client are joint employers.

13. Fees

Certain paid services (the “Paid Services”) are available to Users under separate agreement with TCRA, which reference and include the terms and conditions in this Agreement. Users who subscribe to Paid Services agree to the terms and conditions set out in this agreement.

14. Authorized Users and Devices

If applicable under Your Paid Services Agreement with TCRA, You may authorize additional Authorized Users.  It is Your responsibility to manage such Authorized Users through the Websites’ account administrator panel.

You agree that You will not permit an Authorized User to share their access to the Service with any other individual. If an Authorized User ceases employment with you or is no longer an authorized Third-Party Agent, takes leave or vacation, transfers work function, or ceases to have authorized access, You agree to terminate the Authorized User’s access immediately.

TCRA reserves the right to limit the number of Authorized Users and to terminate any Authorized User access if We believe such Authorized User is not adhering to our terms of service.

Each Authorized User may only be logged into Our Service from one (1)  browser or computer (the “Devices”) at the same time. Should Client exceed the Device limit, Authorized User will be notified through the Service and prompted to log out of at least one (1) other active session before proceeding.

15. General

Users are responsible for any contracts or agreements, including employment or contractor agreement. TCRA does not control, manage, or provide any guidance with respect to the determination of independent contractor or employee status, subsequent agreements between Users. Users expressly agree that no joint venture, partnership, employment, or agency agreement exists between them and TCRA as a result of this Agreement or any use of the TCRA Services, and that TCRA is not a joint employer for purposes of this Agreement.

15.1. Classification and Relationship

In addition to the indemnification obligations set forth herein, Client agrees to indemnify, hold harmless and defend TCRA from any and all claims, demands, causes of action, losses, damages, liabilities, costs, and expenses, including attorneys’ fees, arising out of or related to their engagement, including but not limited to any breach of any of Contractor’s representations and warranties, from the death or injury of any person or persons, including employees of Client or Contractor, or from damage or destruction of any work or properties, attributable to or resulting from Contractor Engagement with Client, claims misclassification of a Client as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that Candidate was misclassified, any claim that TCRA was an employer or joint employer of Candidate, as well as breach of agreement, action, inaction, omission or any claims under any employment-related laws, such as those relating to termination of employment, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, minimum wages, payroll taxes, social security or unemployment taxes, or disability insurance, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits required by law.

16. Specific Provisions for Users of the TCRA Connect Service

14.1. Introduction

The TCRA and TCRA Connect Service and Website is owned and operated by TCRA and provides a utility for Clients to evaluate and process potential Candidates for potential paid sponsorships and paid internship engagements as well as recruit for employment opportunities.

14.2. Use, Representations, and Warranties

Client represents and warrants that: (a) Client’s use of the TCRA Service will at all times be compliant and allowable by all applicable law, rule, and regulation, including the provision of third-party information (including personally identifiable information) by Client to TCRA; (b) Client has all necessary permissions and consents from potential Candidates it has engaged with; and (c) Client will at all times be liable for the continued oversight of such information provided to TCRA, including the deletion of any data as may be necessary or legally required. Client understands that TCRA is not responsible for any sponsorship or hiring decisions, or Third-Party Services utilized (including any browsers, or applicant tracking services), in connection with the TCRA Service.

15. General

15.1 Trademark Infringement.

We take copyright and trademark infringement very seriously. Without liability to any User and in accordance with paragraph 19 of the Electronic Commerce (EC Directive) Regulations 2002 (SI2002/2013) and Article 14 of the E-Commerce Directive (2001/31/EC) We reserve the right to, at any time, with or without notice and in Our sole discretion, terminate the account of any User and/or remove any content posted by any User that infringes intellectual property right(s) upon prompt notification to TCRA by the intellectual property right(s) owner or their legal representative.

Without limiting the foregoing, if You believe that any material within Services infringes Your copyright and/or trade mark rights, please provide the following information to The Court Reporting Academy, Inc. (Attn: Copyright infringement), address:  SUITE 107, 3815 US 1 NORTH, COCOA, FL 32926.: (a) a description of the copyright work and/or trade mark that You claim has been infringed; (b) a description of the location within Services of the material that You claim is infringing Your right(s); and (c) a description of the infringement.

15.2 Applicable Law and Jurisdiction.

This Agreement shall be governed by the laws of England and Wales. Save as otherwise set out in the Section entitled Dispute Resolution, the English courts shall have exclusive jurisdiction over any claim arising under or in connection with this Agreement.

15.3. Equal Opportunity Commitment

TCRA is an equal opportunity employment and professional skills development program provider. We do not base candidate recruitment,  scholarship or placement decisions based on race, color, religion, sex (including pregnancy and gender identity), sexual orientation, marital status, disability, genetic information, age, national origin, political affiliation, membership in an employee organization, retaliation, parental status, military service, or other non-merit factors. You may only use TCRA Services if Your Company is also committed to equal opportunity employment practices.

15.4. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY.

ANY DISPUTE SHALL BE SETTLED BY BINDING AND CONFIDENTIAL ARBITRATION. ARBITRATION SHALL BE SUBJECT TO THE FEDERAL ARBITRATION ACT. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES. EACH PARTY SHALL BEAR ITS OWN COSTS (INCLUDING ATTORNEY FEES). NOTWITHSTANDING THE FOREGOING, THE COMPANY MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF TO PROTECT ITS INTELLECTUAL PROPERTY RIGHTS IN ANY COURT OF COMPETENT JURISDICTION. YOU ARE HEREBY GIVING UP YOUR RIGHT TO GO TO COURT. ARBITRATOR DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. ANY CLAIMS BROUGHT BY YOU MUST BE BOUGHT IN AN INDIVIDUAL CAPACITY, NOT AS A CLASS MEMBER IN ANY REPRESENTATIVE PROCEEDING. AN ARBITRATOR MAY NOT CONSOLIDATE INDIVIDUALS’ CLAIMS. THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES IN EXCESS OF THE AMOUNT ALLOWED BY THIS AGREEMENT. THE ARBITRATOR ALSO SHALL BE AUTHORIZED TO GRANT ANY EQUITABLE REMEDY OR RELIEF IT DEEMS JUST AND EQUITABLE AND WITHIN THE SCOPE OF THE AGREEMENT. THE ARBITRATION AWARD SHALL BE FINAL AND BINDING UPON THE PARTIES WITHOUT APPEAL OR REVIEW EXCEPT AS PERMITTED BY FLORIDA LAW OR UNITED STATES FEDERAL LAW.

15.5. Force Majeure

We will not be liable for any failure or delay in performance to the extent caused by any circumstances beyond Our reasonable control.

15.6. Severability; Headings.

The unenforceability of any provision of this Agreement will not affect the enforceability of any other provision. If any provision of this Agreement is deemed to conflict with another, TCRA will have the sole right to elect which provision remains in force. Headings are provided for convenience only.

15.7. Non-waiver

We reserve all rights under applicable law. Our non-enforcement of any provision of this Agreement or under applicable law will not be construed as Our waiver of any enforcement rights under the same or different circumstances at any time in the future.

15.8. Termination

We may suspend or terminate the Services or Your account at Our sole discretion without explanation and notice, though We will strive to provide a timely explanation. In the event You breach this Agreement, We will notify You of such breach, and in the event the breach can be cured, in Our sole determination, provide You thirty (30) days to cure such breach. If such breach remains uncured, We will terminate this Agreement with You as set forth herein. TCRA will not have any liability whatsoever to You for any suspension or termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including ownership, success or placement fees, warranty disclaimers, indemnity and limitations of liability.

15.12. Notice

You agree that We will provide notices and messages to You either within the Services or sent to the contact information that You provided Us. You are responsible for providing TCRA with Your most current e-mail address. If You have provided an invalid email, or such address is not capable of receiving TCRA notices, TCRA’s dispatch of such email will nonetheless constitute effective notice. You may give notice to TCRA at the following address: The Court Reporting Academy, Inc., STE SUITE 107, 3815 US 1 NORTH, COCOA, FL 32926. Notices shall be deemed given when received by TCRA delivered by overnight delivery service or through USPS certified mail.

15.13. Entire Agreement

This Agreement and any other signed agreement between you and TCRA contain the entire agreement of the parties and supersedes all other agreements and understandings with respect to the matters contained herein.

15.14. Electronic Communications

Any communication between You and TCRA under or in connection with the Services may be made by electronic mail or other electronic means. You consent to receive communications from TCRA electronically, and agree that all terms, conditions, or otherwise, provided to Your electronically satisfy any legal requirement that would be satisfied if they were in writing.

15.15. California Users And Residents

Pursuant to California Civil Code Section 1789.3, questions about pricing, complaints, or inquiries must be addressed to Our agent for notice and sent via certified mail to: The Court Reporting Academy, Inc., STE SUITE 107, 3815 US 1 NORTH, COCOA, FL 32926. California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

15.16. Modifications

THIS AGREEMENT IS SUBJECT TO CHANGE BY TCRA IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, We will make a new copy of the Agreement available by posting on the TCRA Site. We will also update the “Last Revised” date at the top of the Agreement. If We make any material changes, and You have registered to use the Services, We may also notify You via email or through the Services. Changes will be effective immediately. TCRA may require You to provide consent to the updated Agreement. If You do not agree to any change(s) You agree to stop using the Services. Your continued use of the Services constitutes Your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS OF YOUR AGREEMENT WITH US.

15.17. Beta or Evaluation Usage

If TCRA indicates any features of functionality as a beta or evaluation (referred to as the “Beta Service”), then You may use the Beta Service for a period of time as indicated by TCRA, pursuant to TCRA’s then current Fees for the Beta Service, if applicable. NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS OF SERVICE OR ANY ADDITIONAL AGREEMENT YOU MAY HAVE DIRECTLY WITH TCRA, YOUR USE OF THE BETA SERVICE WILL BE PURSUANT TO TCRA’S THEN CURRENT TERMS OF SERVICE AND PRIVACY NOTICE. TCRA PROVIDES THESE BETA SERVICE(S) “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, REFUNDS, OR INDEMNIFICATION OF ANY KIND. TCRA may discontinue, modify, or charge for use of a Beta service at any time, and at their sole discretion.

16. Geographic-Specific Provisions

16.1. Currently this Service is only available to Clients based in the United States, Canada and the United Kingdom. If Client’s business or employment recruiting effort is not located in United States, Canada and the United Kingdom, then you may not access or use this Service.

Any Clients that And Candidates In The United Kingdom

16.1.4. Replace the Monetary Threshold for Dispute Resolution Section

15.3 “Dispute Resolution” For All Disputes Based In The United Kingdom With Three Thousand British Pounds (£3,000.00)

16.2. Clients and Candidates in Canada

16.2.1. Replace Section 15.2 “Compliance and Choice of Law” With The Following:

15.2 Governing Law. This Agreement shall be governed by the laws of Toronto, Canada. Save as otherwise set out in the Section entitled Dispute Resolution, the courts sitting in Toronto, Canada shall have exclusive jurisdiction over any claim arising under or in connection with this Agreement.

16.2.2. Add The Following Paragraph To The End Of That Section 15.3 “Dispute Resolution”:

To the extent permitted by the applicable law, any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement where the total amount of the award sought is less than Five Thousand Canadian Dollars (C$5,000.00) may be resolved in a cost-effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with the Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider.