User Agreement - Energy Freelance

LAST UPDATED 2/2/2024

AGREEMENT BETWEEN USER AND ENERGY HIRE, LLC

PLEASE READ THIS USER AGREEMENT (“AGREEMENT”) AND ALL OTHER AGREEMENTS AND POLICIES REFERENCED HEREIN CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

INTRODUCTION

This Agreement is a contract between you (“you” or “User”) and Energy Hire, LLC, and its affiliates and successors (collectively “Energy Hire,” “EH,” “we,” “our,” or “us”), governing your use of our of our website and various web pages located at www.energyhire.com (the “Site”) and any services offered, published, distributed, or transmitted by Energy Hire through or in connection with the Site (the “Services” or “Site Services”).

This Agreement includes and hereby incorporates by reference our Privacy Policy (available here: Privacy Policy) and any other Terms of Service on the Site or issued by Energy Hire. Capitalized terms are defined and have the meaning ascribed herein or in the Definitions section set forth at the end of this Agreement.

YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THE ARBITRATION PROVISION OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES. IF ACCESSING THE SITE OR SERVICES ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT, AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ENTITY. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO YOU AND THAT ENTITY.

MODIFICATION TO TERMS AND CONDITIONS

Subject to the conditions set forth herein, Energy Hire may, in its sole discretion, amend this Agreement at any time by posting a revised version on the Site. Energy Hire will provide reasonable advance notice of any amendment that includes a Substantial Change (defined below), by posting the updated version on the Site, providing notice on the Site, sending you notice by email, or any combination of the foregoing, as Energy Hire deems reasonable in its sole discretion. If the Substantial Change includes an increase to Fees charged by Energy Hire, Energy Hire will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change. Further, any changes that are not a Substantial Change may be made by Energy Hire without any advanced notice to you. Any revisions to this Agreement will take effect on the noted effective date (each, as applicable, the “Effective Date”).

You are responsible for regularly reviewing this Agreement for the most updated version of them. You are automatically accepting and agreeing to the most-recent version of this Agreement whenever you create, register with or log into an account on or through the Site. Similarly, you are automatically accepting and agreeing to the most-recent version of this Agreement whenever you visit, access, register with, subscribe to or use the Site or the Services; and your continuing visit, access, registration with, subscription to, or use of any of the forgoing reaffirms your acceptance and agreement in each instance.

The Site and Services offered to you are conditioned on your acceptance without modification of the terms, conditions, and notices in this Agreement. If you do not accept and agree to this Agreement in its entirety, then you are strictly prohibited from visiting, accessing, registering with, subscribing to or using the Site or the Services. In addition, to use the Site and Services, a separate executed Subscription Agreement is required.

ENERGY HIRE ACCOUNT

Energy Hire Accounts: Registration and Acceptance

To access and use certain portions of the Site and the Site Services, you must register for an account (“Account”). Energy Hire reserves the right to decline a registration to join Energy Hire or to add an Account of any type for any lawful reason, including supply and demand, cost to maintain data, or other business considerations, sufficient to us in our sole discretion.

If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including this Agreement, on behalf of yourself and the company for which you are registering the Account.

Usernames and Passwords

Each person who uses the Site or Services must register for their own Account. When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password. You agree not to share your username or password with any person, and, if you are a legal entity who is not a natural person, to only share your username and password with a person who is authorized to use your Account. You authorize Energy Hire to assume that any person using the Site or Services with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if (a) you are not authorized to use both or (b) the use would violate the This Agreement.

You hereby grant Energy Hire an irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual and universe-wide license to host, store, reproduce, transmit, distribute, modify, adapt, create derivative works, communicate, publish, syndicate, publicly perform, publicly display, archive and otherwise use and exploit all or any part of all names, trademarks, trade names, service names, photographs, information, communications and any other content that you submit to or publish on, through or in relation to the Site or the Services, in any manner, medium or form, whether now known or hereinafter devised, as Energy Hire sees fit in its sole discretion.

By posting, uploading, inputting, providing or submitting your information to the Site, you warrant and represent that you own or otherwise control all of the Intellectual Property Rights to the information submitted.

Account Eligibility

Energy Hire offers the Site and Site Services for your business purposes only and not for personal, household, or consumer use. To register for an Account or use the Site and Site Services, you must, and hereby represent that you: (a) are an employee or agent of and authorized to act for and bind an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation, limited liability company, or other entity); (b) will use the Site and Site Services for business purposes only; (c) will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting; and (d) are either a legal entity or an individual who is 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) in each case who can form legally binding contracts.

Account Profile

To register for an Account to join the Site, you must complete a User profile (“Profile”), which you consent to be shown to other Users and, unless you change your privacy settings, to be shown to the public. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading.

Account Types

Once you register for one Account type, you can register for another Account type under a different username and password. However, you agree not to have or to register for more than one of the same Account type without express written permission from us. We reserve the right to revoke: (a) the privileges of the Account; (b) access to or use of the Site or Site Services; and (c) those of any and all linked Accounts, without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.

Client Account

You can register for an Account or add an Account type to use the Site and Site Services as a Client (a “Client Account”). Each User under a Client Account (“Team Member”) can be given different permissions to act on behalf of the Client Account.

Account Permissions

You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business. By granting other Users permissions under your Account, including as a Team Member, you represent and warrant that: (a) the User is authorized to act on your behalf; and (b) you are fully responsible and liable for the User’s acts and omissions. If any such User violates this Agreement, it may affect your ability to use the Site and Site Services. Upon closure of an Account, Energy Hire may close any or all related Accounts.

Administrative Assistance

You may elect to authorize Energy Hire to assist you with certain clerical matters, for example if you desire assistance during the job posting or onboarding process. By doing so, you authorize Energy Hire administrators to access your Account, and assist you with inputting information. Note however that you retain sole responsibility for and control-over any information ultimately submitted by or through your Account.

Identity and Location Verification

When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on Energy Hire. You authorize Energy Hire, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes, but is not limited to, providing official government or legal documents. During verification some Account features may be temporarily limited. When a verification is successfully completed, Account features will be restored.

PURPOSE OF ENERGY HIRE

General

The Site is an AI Powered job marketplace where Clients can identify potential hires, post available jobs in their company, and match with potential candidates for hire (“potential candidates”). Energy Hire provides the Site and Services to Users, including hosting and maintaining the Site, facilitating the hiring of potential candidates, and other services that may be included from time to time.

Subject to the terms and conditions of this Agreement, Energy Hire grants you a limited, non-exclusive, personal, freely-revocable, non-transferable and non-sub-licensable license to access and view the various publicly displayed pages of the Site, and to view the information and content found thereon. If you have an Account in good standing, then, subject to any associated payment, registration and Subscription Agreement obligations imposed by or with the prior consent of Energy Hire, said license shall extend to the registration- or subscription-only pages or features of the Site or the Services, as applicable. Your unauthorized use of the Site or the Services, or any breach by you of this Agreement, automatically terminates this license.

All names appearing on the Site referring to Energy Hire are either trademarks or registered trademarks of Energy Hire. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Feedback and User Content

You hereby acknowledge and agree that Energy Hire may publish information on the Site about the User, such as feedback, composite feedback, geographical location, or verification of identity or credentials. However, such information is based solely on unverified data that Users voluntarily submit to Energy Hire and does not constitute and will not be construed as an introduction, endorsement, or recommendation by Energy Hire, such information being provided solely for the convenience of Users.

You acknowledge and agree that User feedback benefits the Users and the value of the Site to the Users. You specifically acknowledge that the Site allows Users to post feedback about other Users, including yourself. Energy Hire does not curate this feedback and any disagreement you may have with respect to any feedback is between you and the party posting such feedback. You acknowledge and agree that feedback results for you, including feedback on the services you provide other Users, wherever referenced, and other User Content highlighted by Energy Hire on the Site or otherwise (“Composite Information”), if any, may include User comments, User ratings, indicators of User satisfaction, and other feedback left exclusively by other Users. You further acknowledge and agree that Energy Hire will make this feedback available to other Users. Energy Hire provides its feedback system as a means through which Users can share their opinions of other Users publicly, and Energy Hire does not monitor, influence, contribute to or censor these opinions. You acknowledge and agree that posted feedback should relate only to the business advertised in the Profile and not to any individual person. You agree not to use any feedback to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User.

Energy Hire does not generally investigate any remarks posted by Users, Composite Information, or other User Content for accuracy or reliability and does not guarantee that User Content is accurate. You are solely responsible for your User Content, including the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content. Energy Hire is not legally responsible for any feedback or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory, false, misleading, or otherwise legally actionable.

In order to protect the integrity of the feedback system and protect Users from abuse, Energy Hire reserves the right (but is under no obligation) to remove posted feedback or information that, in Energy Hire’s sole judgment, violates this Agreement or negatively affects our marketplace, diminishes the integrity of the feedback system or otherwise is inconsistent with the business interests of Energy Hire. You acknowledge and agree that you will notify Energy Hire of any error or inaccurate statement in your feedback results and that, if you do not do so, Energy Hire may rely on the accuracy of such information.

INTERACTION ON THE SITE

Relationship with Energy Hire

Energy Hire merely makes the Site and Site Services available to enable Users to utilize the Services. Through the Site and Site Services, Users may be notified of Clients that may be seeking potential candidates to hire, at all times, however, Users are responsible for evaluating and determining the suitability of any potential candidate on their own.

You acknowledge, agree, and understand that Energy Hire is not a party to the relationship or any dealings between you and any other User. Without limitation, Users are solely responsible for: (a) ensuring the accuracy and legality of any User Content; (b) determining the suitability of other Users for hiring (such as any interviews, vetting, background checks, or similar actions); and/or (c) negotiating, agreeing to, and executing any terms or conditions of any employment. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to hire a potential candidate and for verifying any information about another User.

ENERGY HIRE DOES NOT MAKE ANY REPRESENTATIONS ABOUT OR GUARANTEE THE TRUTH OR ACCURACY OF ANY USER’S LISTINGS OR OTHER USER CONTENT ON THE SITE; DOES NOT VERIFY ANY FEEDBACK OR INFORMATION PROVIDED BY USERS; AND DOES NOT PERFORM BACKGROUND CHECKS ON OR GUARANTEE THE WORK OF ANY USERS. You acknowledge, agree, and understand that Energy Hire does not, in any way, supervise, direct, control, or evaluate any potential candidates or their work and is not responsible for any misrepresentations made by potential candidates. Energy Hire makes no representations about and does not guarantee, and you agree not to hold Energy Hire responsible for, the quality, safety, or legality of any potential candidate; the qualifications, background, or identities of Users; the ability of any potential candidate; or User Content and statements or posts made by Users.

ENERGY HIRE MAKES NO GUARANTEES REGARDING THE ABILITY OF USERS TO MAKE ANY REQUIRED PAYMENTS TO OTHER USERS, AND SHALL NOT BE RESPONSIBLE IF A CLIENT FAILS TO MAKE SUCH PAYMENT.

Worker Classification

Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between Energy Hire and a User. Users are not hired by Energy Hire, and we do not have any control over the performance of any work; what work will be performed; or what another User’s customary business is.

Client is solely responsible for and has complete discretion with regard to selection of any potential candidate for hire. Client warrants its decisions regarding classification are correct and its manner of engaging potential candidates complies with applicable laws, regulations, and rules. Energy Hire will have no input into, or involvement in, worker classification as between Client and potential candidates.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal pages, calendars, and/or other message or communication facilities designed to enable you to communicate with either the public at large or with other Users (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as limitation, you agree that when using a Communication Service, you will not:

• Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others

• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information

• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents

• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer

• Conduct or forward surveys, contests, pyramid schemes or chain letters

• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner

• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or label of the origin or source of software or other material contained in a file that is uploaded

• Restrict or inhibit any other user from using and enjoying the Communication Services

• Harvest or otherwise collect information about others, including e-mail addresses, without their consent

• Violate any applicable laws or regulations

Energy Hire has no obligation to monitor the Communication Services; however, we reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion. Energy Hire reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Energy Hire reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any

DISCLAIMERS AND LIMITATIONS OF LIABILITY

Warranty Disclaimer

Your visit, access, registration with, subscription to or use of the Site or Services is done at your own risk. The Site, the Services, and all information, communications, content and features offered, marketed, sold, provided, licensed or made available on, through or in relation to the Site or Services are provided to you on an “as is,” “where is,” “as available,” and “with all faults” basis. Energy Hire does not make, nor have we made, any representations or warranties of any kind or nature (whether direct or indirect, oral or written or express or implied) to you with respect to the Site, the Services, or any such information, communications, content and features, including without limitation with respect to their success, performance, functionality, quality, completeness, accuracy, reliability, marketability or safety. Energy Hire expressly disclaims any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-infringement, performance, functionality, quality, completeness, accuracy, reliability and safety) and warranties arising from conduct, course of dealing, custom and usage in trade with respect to the Site or the Services. In the event any warranty is not waived, or not allowed to be waived by law, your sole remedy for the breach of any such warranty is to discontinue use or access to the Site.

You understand and acknowledge that the Site or the Services may be subject to limitations, delays and other problems inherent in the use of third-party communication networks and facilities that are outside of our control. Accordingly, we shall not be responsible for, and expressly disclaim, any delays, failures, losses, injuries, liabilities or damages associated with the Site, or the Services which result from any system delays, downtimes, interruptions or other failures of or problems with the Site or the Services which are outside of our control (including, without limitation, scheduled maintenance or network failure).

Release

In addition to the recognition that Energy Hire is not a party to any contract between Users, you hereby release Energy Hire, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User or potential candidate, whether it be at law or in equity that exist as of the time you enter into this Agreement.

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “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.”

This release will not apply to a claim that Energy Hire failed to meet our obligations under this Agreement.

Limitation of Liability

Energy Hire is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Site or Services, including, without limitation: as set forth elsewhere herein; your use of or your inability to use our Site or Site Services; delays or disruptions in our Site or Site Services; viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services; damage to your hardware device from the use of the Site or Site Services; the content, actions, or inactions of third parties’ use of the Site or Site Services; a suspension or other action taken with respect to your Account; and your reliance on the information about other Users found on, used on, or made available through the Site.

In no event shall Energy Hire or any of Energy Hire’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, punitive or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs or repair costs) caused by or arising from or in connection with: (a) your visit, access, registration with, subscription to or use of the Site or the Services, or your inability to visit, access, register with, subscribe to or use the Site or the Services; (b) any statements, content or conduct of any third party on, through or in relation to the Site or Services; (c) any unauthorized access to or alteration of your personal information; (d) any hacking, denial of service attacks, data security breaches or other third-party conduct that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s), network(s) or User Account; (e) any transmission, download or infection of any software, system, program, file, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware and malware) that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s), network(s) or User Account; (f) the fact that you have relied on any information, content or communications published on, through or in relation to the Site or Services; or (g) any acts, errors or omissions of any third-party providers. If you are dissatisfied with the Site or Services, then your sole and exclusive remedy is to discontinue your access and use.

If Energy Hire breaches or otherwise violates this Agreement, then you shall not be entitled to seek or obtain, and you do hereby waive, any type of injunctive relief against the Site or Services as a result of such breach or other violation.

To the extent you claim any damages are caused by Energy Hire and those damages are covered by your insurance, you waive all rights against Energy Hire for damages covered by such insurance.

You agree to and hereby waive claims for consequential damages, lost profits, lost savings, loss of goodwill, indirect, special, and/or incidental damages of any kind whatsoever for claims, disputes, causes of action or other matters in question arising out of or relating to this Agreement, regardless if Energy Hire has been informed of the possibility of such damages.

Notwithstanding anything herein to the contrary, and to the extent allowed by law, in no event shall Energy Hire’s liability under this Agreement exceed $2,500. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold Energy Hire and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including but not limited to attorneys’ fees) asserted by you or any third party, arising out of or relating to: (a) your use of the Site or Services, including any information or content transmitted or received by you, or any other party’s access or use of the Site or Services with your username and password; (b) your breach or violation of any of this Agreement, applicable law, rule or regulation; and (c) your violation of the rights of any third party.

AGREEMENT TERM AND TERMINATION

Termination

Unless both you and Energy Hire expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other. You may provide written notice to legal@Energyhire.com.

In the event you properly terminate this Agreement, your right to use the Site and Site Services is automatically revoked, and your Account will be closed.

Without limiting Energy Hire’s other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke or limit access to the Site or Site Services, deny your registration, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if: (a) you breach the letter or spirit of any terms and conditions of this Agreement or any other provisions of this Agreement; (b) we suspect or become aware that you have provided false or misleading information to us; or (c) we believe, in our sole discretion, that your actions may cause legal liability or harm for you, our Users, or Energy Hire; may be contrary to the interests of the Site or the User community; or may involve illicit or illegal activity.

If your Account is temporarily or permanently closed, you may not use the Site under the same Account or a different Account or reregister under a new Account without Energy Hire’s prior written consent.

You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of User’s Account status to all Users, including both yourself and other Users who have entered into Service Contracts with you. You therefore agree as follows: IF ENERGY HIRE DECIDES TO TEMPORARILY OR PERMANENTLY CLOSE YOUR ACCOUNT, ENERGY HIRE HAS THE RIGHT WHERE ALLOWED BY LAW BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO SERVICE CONTRACTS WITH YOU TO INFORM THEM OF YOUR CLOSED ACCOUNT STATUS, AND (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT CLOSURE. YOU AGREE THAT ENERGY HIRE WILL HAVE NO LIABILITY ARISING FROM OR RELATING TO ANY NOTICE THAT IT MAY PROVIDE TO ANY USER REGARDING CLOSED ACCOUNT STATUS OR THE REASON(S) FOR THE CLOSURE.

Account Data on Closure

Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Site and any closure of your Account may involve deletion of any content stored in your Account for which Energy Hire will have no liability whatsoever. Energy Hire, in its sole discretion and as permitted or required by law, may retain some or all of your Account information.

Survival

After this Agreement terminates, the terms of this Agreement that expressly or by their nature contemplate performance after this Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions requiring arbitration, permitting audits, protecting intellectual property, requiring non-circumvention, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of this Agreement, the termination of this Agreement for any reason will not release you or Energy Hire from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.

WEBSITE USE INFORMATION

Generally

We collect information from visitors of the Site, including the domain names, IP and MAC addresses, browser types, and unique device identifiers of such visitors. This information includes the number of visits, average time spent on the Site, pages viewed and similar information. This information may also include usage information about the page-by-page paths you take as you browse through the Site. We use this information to measure the use of the Site and to develop ideas to improve the content of the Site.

Cookies and Other Tracking Technologies

The Site use “cookie” technology to measure activity and to collect information such as browser type, time spent on the site, pages visited and other information about your visit to the site. Cookies are also used to prefill information previously entered into forms and to customize information to your personal tastes. A cookie is an element of data that a site can send to your browser. Cookies are stored on your computer. We may share information about you that we collect through a cookie with third parties who help us analyze Site data.

If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. You may also wish to refer to: http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept our cookies, you may experience some inconvenience in your use of the Site.

We may also include small graphic images called web beacons, also known as "Internet tags" or "clear gifs," in our web pages and email messages. We may use web beacons or similar technologies for a number of purposes, including, without limitation, to count the number of visitors to the Site, to monitor how users navigate the Site, and to count how many emails that we sent were actually opened or how many particular articles or links were actually viewed.

We may also use embedded scripts on the Site. An embedded script is programming code that is designed to collect information about your interactions with the Site. It is temporarily downloaded onto your computer from our web server or a third party with whom we work, is active only while you are connected to the Site and is deleted or deactivated thereafter.

Automatically collected information about you, such as how you interact with the Site, may be combined with your personal information. If we associate any such automatically collected information with personal information about you, we will treat the combined information as personal information.

Analytics

We may use third party analytics service providers to evaluate and provide us with information about the use of the Site. These third parties use cookies, web beacons, pixels, embedded scripts and other, similar technologies to automatically collect information about your use of the Site, report trends, and help us compile metrics. This Agreement does not cover any use of information that such third parties themselves may have collected from you.

DISPUTES BETWEEN YOU AND ENERGY HIRE

Dispute Process, Arbitration, and Scope

If a dispute arises between you and Energy Hire, our goal is to resolve the dispute quickly and cost-effectively. Accordingly, unless you opt out as provided below, you and Energy Hire agree to resolve any claim, dispute, or controversy that arises out of or relates to this Agreement, your relationship with Energy Hire (including without limitation any claimed employment with Energy Hire or one of our Affiliates or successors), the termination of your relationship with Energy Hire, or the Site Services (each, a “Claim”) in accordance with this section (sometimes referred to as the “Arbitration Provision”).

Claims covered by this Arbitration Provision include, but are not limited to, all claims, disputes, causes of action, and/or controversies arising out of or relating to this Agreement, the Site, Site Services, any Service Contract, payments or agreements to pay, any payments or monies you claim are due to you from Energy Hire, trade secrets, unfair competition, false advertising, consumer protection, privacy, compensation, classification, minimum wage, seating, expense reimbursement, overtime, breaks and rest periods, termination, discrimination, retaliation or harassment and claims arising under the Defend Trade Secrets Act of 2016, Civil Rights Act of 1964, Rehabilitation Act, Civil Rights Acts of 1866 and 1871, Civil Rights Act of 1991, the Pregnancy Discrimination Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by the Company and (a) covered by the Employee Retirement Income Security Act of 1974 or (b) funded by insurance), Affordable Care Act, Genetic Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefits Protection Act of 1990, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, False Claims Act, state statutes or regulations addressing the same or similar subject matters, and all other federal or state legal claims arising out of or relating to your relationship with Energy Hire or the termination of that relationship.

This Arbitration Provision applies to all Users except Users located outside of the United States and its territories.

Disputes between you and us that may not be subject to pre-dispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) or as provided by an Act of Congress or lawful, enforceable Executive Order, are excluded from the coverage of this Agreement.

This Arbitration Provision does not apply to litigation between Energy Hire and you that is or was already pending in a state or federal court or arbitration before the expiration of the opt-out period set forth herein. Notwithstanding any other provision of this Agreement, no amendment to this Arbitration Provision will apply to any matter pending in an arbitration proceeding brought under this section unless all parties to that arbitration consent in writing to that amendment.

This Arbitration Provision also does not apply to claims for workers compensation, state disability insurance or unemployment insurance benefits.

Nothing in this Arbitration Provision prevents you from making a report to or filing a claim or charge with a government agency, including without limitation the Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs. Nothing in this Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision. This Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Provision. Nothing in this Arbitration Provision prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration. Energy Hire will not retaliate against you for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act.

Informal Dispute Resolution

Before serving a demand for arbitration of a Claim, you and Energy Hire agree to first notify each other of the Claim in reasonable detail and in writing. You agree to notify Energy Hire of the Claim at Attn: Legal, 3305 Northland Drive Suite 201 Austin, TX 78731, or by email to legal@energyhire.com, and Energy Hire agrees to provide to you a notice at your email address on file (in each case, a “Notice”). You and Energy Hire then will seek informal voluntary resolution of the Claim. Any Notice must include pertinent account information, a brief description of the Claim, and contact information, so that you or Energy Hire, as applicable, may evaluate the Claim and attempt to informally resolve the Claim. Both you and Energy Hire will have 60 days from the date of the receipt of the Notice to informally resolve the Claim, which, if successful, will avoid the need for further action. If the Claim is not resolved within the 60 days from the date of Notice, then the party making the Claim may filed a demand for arbitration in accordance with the terms of this Agreement.

Choice of Law

The Agreement and any Claim will be governed by and construed in accordance with the laws of the State of Texas, without regard to any choice of law analysis and excluding the United Nations Convention on Contracts for the International Sale of Goods. However, notwithstanding the foregoing sentence, this Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).

Arbitration Administered by JAMS and Venue

In the event the parties are unable to resolve a Claim within 60 days of the receipt of the applicable Notice, you, Energy Hire, and our Affiliates agree to resolve the Claim by final and binding arbitration before an arbitrator from JAMS, instead of a court or jury. JAMS may be contacted at www.jamsadr.com. If for any reason JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator.

Except as otherwise provided herein, arbitration will be conducted in Tarrant County, Texas in accordance with the JAMS Comprehensive Arbitration Rules and Procedures’ Optional Expedited Arbitration Procedures then in effect. To the extent there is any conflict between the Federal Arbitration Act and any applicable JAMS rules, the JAMS rules shall apply. EXCEPT AS OTHERWISE PROVIDED HEREIN, THE PARTIES IRREVOCABLY WAIVE ANY OBJECTION, INCLUDING ANY OBJECTION TO THE LAYING OF VENUE BASED ON THE GROUNDS OF FORUM NON CONVENIENS, WHICH ANY OF THEM MAY NOW OR HEREAFTER HAVE TO THE BRINGING OF ANY SUCH ACTION OR PROCEEDING IN TARRANT COUNTY, TEXAS

Arbitration of disputes brought by a User that allege a violation of a consumer protection statute also will be subject to the JAMS Consumer Arbitration Minimum Standards, and such arbitrations will be conducted in the same state and within 25 miles of where the User is located.

The applicable JAMS arbitration rules may be found at www.jamsadr.com or by searching online for “JAMS Comprehensive Arbitration Rules and Procedures,” “JAMS Employment Arbitration Rules,” or “JAMS Consumer Arbitration Minimum Standards.” Any dispute regarding the applicability of a particular set of JAMS rules shall be resolved exclusively by the arbitrator. Any party will have the right to appear at the arbitration by telephone and/or video rather than in person.

Arbitration Fees

You and Energy Hire will follow the applicable JAMS rules with respect to arbitration fees. In any arbitration under the JAMS Comprehensive Arbitration Rules and Procedures’ Optional Expedited Arbitration Procedures then in effect in which a User makes a claim under a consumer protection statute, the User will pay JAMS arbitration fees only to the extent those fees are no greater than the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration will be conducted, or $250.00, whichever is less, with Energy Hire to make up the difference, if any. The arbitrator must follow applicable law and may award only those remedies that would have applied had the matter been heard in court. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.

Attorney’s Fees

Each Party hereto shall be responsible for and shall pay for their own costs and attorney’s fees. Notwithstanding the foregoing, if either Party brings any action or proceeding, subsequent to the execution of this Agreement, to interpret or enforce any provision hereof, the prevailing Party shall be entitled to reasonable fees and costs, including attorney’s fees.

Interpretation And Enforcement of This Arbitration Provision

This Arbitration Provision is the full and complete agreement relating to the formal resolution of Claims. Except as otherwise provided in this Arbitration Provision, this Arbitration Provision covers, and the arbitrator shall have exclusive jurisdiction to decide, all disputes arising out of or relating to the interpretation, enforcement, or application of this Arbitration Provision, including the enforceability, revocability, scope, or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an arbitrator and not by a court. The parties expressly agree that the arbitrator and not a court will decide any question of whether the parties agreed to arbitrate, including but not limited to any claim that all or part of this Arbitration Provision, this Agreement, or any other part of this Agreement is void or voidable.

In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. If any portion of the Class Action Waiver of this Arbitration Provision is deemed to be unenforceable, you and Energy Hire agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.

Class and Collective Waiver

Any non-arbitrable matters are not within the scope of this Arbitration Provision and may be maintained in a court of law in the exclusive venue of Tarrant County, Texas.

This Arbitration Provision affects your ability to participate in class or collective actions. Both you and Energy Hire agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action, or as a member in any such class or collective proceeding (“Class Action Waiver”). Notwithstanding any other provision of this Agreement or the JAMS rules, disputes regarding the enforceability, revocability, scope, or validity or breach of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (A) the dispute is filed as a class or collective action and (B) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. You and Energy Hire agree that you will not be retaliated against, disciplined or threatened with discipline as a result of your filing or participating in a class or collective action in any forum. However, Energy Hire may lawfully seek enforcement of this Arbitration Provision and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class or collective actions or claims.

Right to Opt Out of the Arbitration Provision

You may opt out of the Arbitration Provision contained in this section by notifying Energy Hire in writing within 30 days of the date you first registered for the Site. To opt out, you must send a written notification to Energy Hire at Attn: Legal, 3305 Northland Drive Suite 201 Austin, TX 78731, that includes (a) your Account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a statement indicating that you wish to opt out of the Arbitration Provision. Alternatively, you may send this written notification to legal@energyhire.com. Opting out of this Arbitration Provision will not affect any other terms of this Agreement.

If you do not opt out as provided in this section, continuing your relationship with Energy Hire constitutes mutual acceptance of the terms of this Arbitration Provision by you and Energy Hire. You have the right to consult with counsel of your choice concerning this Agreement and the Arbitration Provision.

Enforcement of this Arbitration Provision

This Arbitration Provision replaces all prior agreements regarding the arbitration of disputes or Claims and is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Provision.

In the event a particular Claim is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to this Agreement or applicable law), you and Energy Hire hereby irrevocably submit to the exclusive personal jurisdiction and venue of the state and federal courts in Tarrant County, Texas for the litigation of said Claim, and covenant and agree that neither of the foregoing is an inconvenient venue or forum.

GENERAL

Modifications; Waiver

No modification or amendment to this Agreement will be binding upon Energy Hire unless they are agreed in a written instrument signed by a duly authorized representative of Energy Hire or posted on the Site by Energy Hire. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

No Agency

Nothing in this Agreement shall be construed to create a partnership, joint venture, agency or any other relationship between the parties. Neither Party shall be deemed either expressly or by implication to be the agent or partner of the other party for any reason whatsoever. Neither party shall have the right to represent or bind the other party to any obligation, contract, performance, or course of dealing.

Assignability

User may not assign this Agreement, or any of its rights or obligations hereunder, without Energy Hire’s prior written consent in the form of a written instrument signed by a duly authorized representative of Energy Hire. Energy Hire may freely assign this Agreement without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, this Agreement is binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

Third Party Beneficiaries

This Agreement is solely for the benefit of the parties hereto and their respective successors and permitted assigns, and no other person has any right, benefit, priority or interest under or because of the existence of this Agreement as a third-party beneficiary or otherwise.

Severability

If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective only as to the jurisdiction in which it is illegal, invalid, or unenforceable, and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in this Agreement.

Compliance with Laws

It is the intent of the parties to comply with all applicable laws and regulations. The parties agree to modify this Agreement upon learning that any provision does not conform with any applicable law or regulation.

Force Majeure

The parties to this Agreement will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, pandemic, epidemic, telecommunications or internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.

Prevailing Language and Location

The English language version of this Agreement will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The Site is controlled and operated from our facilities in the United States.

Access of the Site Outside the United States

Energy Hire makes no representations that the Site is appropriate or available for use outside of the United States. Those who access or use the Site from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable foreign, United States, state, and local laws and regulations, including, but not limited to, export and import regulations, including the Export Administration Regulations maintained by the United States Department of Commerce and the sanctions programs maintained by the Department of the Treasury Office of Foreign Assets Control. You must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end user without obtaining any and all required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving U.S. origin products, including services or software.

In order to access or use the Site or Site Services, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Site or Site Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Site and Site Services and your license to use the Site or Site Services will be immediately revoked.

Links to Third Party Sites

The Site may contain links to websites of third parties (“Linked Site(s)”). The Linked Sites are not under the control of Energy Hire and Energy Hire is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Energy Hire has not reviewed any or all Linked Sites, and they will be accessed at your own risk. Energy Hire is not responsible for webcasting or any other form of transmission received from any Linked Site. Energy Hire is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Energy Hire of the Linked Site or any association with its operators.

Consent to Use Electronic Records

In connection with the Agreement, you may be entitled to receive, or we may otherwise provide, certain records from Energy Hire or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Site and the Site Services, you give us permission to provide these records to you electronically instead of in paper form.

Print Version

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Headings

The section headings in this Agreement are included for ease of reference only and have no binding effect.

Construction of Agreement

Even though Energy Hire drafted this Agreement, you represent that you had ample time to review and decide whether to agree to this Agreement. If an ambiguity or question of intent or interpretation of this Agreement arises, no presumption or burden of proof will arise favoring or disfavoring you or Energy Hire because of the authorship of any provision of this Agreement.

Validity of Assent

The parties acknowledge that they have read and fully and completely understand each and every term of this Agreement and agrees to the terms of their own free will and accord for the purposes and consideration set forth herein.

Entire Agreement

This Agreement sets forth the entire agreement and understanding between you and Energy Hire relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof.

Notice

In addition to the notice provisions set forth elsewhere herein, any notice required to be given to Energy Hire under this Agreement shall be in writing and is deemed given when actually delivered to Energy Hire at: Attention Legal, 3305 Northland Drive Suite 201 Austin, TX 78731, or by email to legal@Energyhire.com

DEFINITIONS

Capitalized terms not defined below or above have the meanings described in the Site Terms of Use or elsewhere in this Agreement.

“Client” means any authorized User utilizing the Site or Site Services to seek and/or obtain potential candidates to hire for employment.

“Confidential Information” means any material or information provided to, or created by, a User to evaluate a Project or the suitability of another User for the Project, regardless of whether the information is in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that: (a) is generally known by third parties as a result of no act or omission of User or Client; (b) was lawfully received by User without restriction from a third party having the right to disseminate the information; (c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by User without use of another person’s Confidential Information.

The term “including” as used herein means including without limitation.

“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, in each case, under the laws of any state, country, territory or other jurisdiction.

“Substantial Change” means a change to the terms of this Agreement that reduces your rights or increases your responsibilities.

“User Content” means any comments, remarks, data, feedback, content, text, photographs, images, video, music, or other content or information that you or any Site Visitor or User post to any part of the Site or provide to Energy Hire, including such content or information that is posted as a result of questions.