Bullhorn AI Screening Agent Terms of Use

Version (Effective): October 31, 2024

Acceptance of these Terms of Use:

Please read these Bullhorn AI Screening Agent Terms of Use (as amended from time to time, the “Terms of Use“) carefully because they are a binding agreement between you personally (“you” and “your“) and Bullhorn Inc. and/or its affiliates, as applicable (collectively, “we“, “us” or “Bullhorn“) (you and Bullhorn, collectively, the “parties“).

By accessing and/or using the AI Screening Agent Services (the “Services“), or by clicking to accept or agree to the Terms of Use when this option is available to you, you agree and accept to be bound and abide by the Terms of Use. If you do not agree with the Terms of Use, you may not access or use the Services.

License: Subject to your compliance with these Terms of Use, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for the limited purposes described in these Terms of Use, including creating, entering, providing, sharing, transmitting, or otherwise distributing Your Data (as defined below) through the Services.

Recording: Please be aware that by accessing and using the Services, you acknowledge and agree that your interactions with the Services will be recorded in accordance with the Privacy Policy.

Artificial Intelligence (“AI”):

AI Features. The Services is an automated system powered by AI. You acknowledge and agree that your interactions with the Services and the questions posed to you by the Services are solely with an AI-based automated system (“AI Features“), and the results generated from these interactions are called “Output“. You further acknowledge and agree that the Output will be analyzed and evaluated by AI, which may include, but is not limited to, a large language model (“LLM“), generative content and advanced algorithms, for purposes of assisting Bullhorn in its interview process of candidates for employment. You further acknowledge and agree that certain Services may be provided by, and the Output and the analysis thereof may be provided to, third-party providers. As of the Effective Date, Open AI Whisper and Open AI are such third-party providers; however, Bullhorn does not commit to the use of any specific third-party providers going forward, and Bullhorn reserves the right to add or remove third-party providers in its sole discretion. To the extent any third-party provider requires Bullhorn to pass-through or flow down any terms and conditions to you, such additional terms and conditions are available here: N/A.

You further acknowledge and agree that the applicable laws around the use of artificial intelligence are rapidly changing. In the event any changes in applicable law result in limiting Bullhorn’s ability to offer the AI Features in any manner, Bullhorn reserves the right, in its sole discretion, to limit your use of the AI Features in any way Bullhorn believes will allow it to comply such applicable law, including reduction in features and functionality, or limiting the use of the AI Features in certain geographical locations.

You represent and warrant to Bullhorn that you will use the AI Features in accordance with all applicable laws.

Bullhorn represents and warrants to you that it will comply with all applicable laws in providing the AI Features, including but not limited to the EU AI Act Chapter II, Art 5.

Output. You acknowledge and agree that the AI Features consist of emerging and evolving technologies, and as a result, the Output may contain results that are incorrect, biased, inaccurate. You shall be solely responsible for reviewing and evaluating the Output, and shall use the Output solely in connection with the permitted use of the Services.

You acknowledge and agree that the Output may not be unique, and the AI Features may generate similar or the same content for other users of the Services.

Disclaimer EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, BUT IN ADDITION TO ANY OTHER DISCLAIMERS SET FORTH IN THESE TERMS OF USE, THE AI FEATURES AND OUTPUT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BULLHORN AND ITS THIRD-PARTY PROVIDERS, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AI FEATURES, OR THE INFORMATION, TEXT, AND CONTENT INCLUDED IN THE OUTPUT, OR THE USE OF THE OUTPUT, INCLUDING WITHOUT LIMITATION, ACCURACY OF THE RESULTS, AVAILABILITY, SUITABILITY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE AI FEATURES. BULLHORN AND/OR ITS THIRD-PARTY PROVIDERS WILL HAVE NO LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM THE USE OF THE AI FEATURES, OUTPUT OR ANY ERRORS OR OMISSIONS CONTAINED IN THE OUTPUT, AND THE OUTPUT DOES NOT REPRESENT BULLHORN’S VIEWS.

No Guarantee of Outcome: Your interactions with the Services does not guarantee any specific outcome or result. Participation in the interview process through the Services does not ensure employment, selection, or any particular decision regarding your employment application. All decisions by Bullhorn will be made based on a combination of factors, including but not limited to. AI analysis, human judgment and organizational needs.

Your Data, including Your Biometric Data: You hereby grant Bullhorn a royalty-free, non-exclusive license to collect, access, use, process, modify, display, store, share, distribute, transmit and otherwise reproduce all information and data that you create, enter, provide, share, transmit or otherwise distribute as part of your interactions with the Services (“Your Data“) for Bullhorn’s internal business purposes of staffing and recruiting and as otherwise set forth in these Terms of Use. Your Data may include, but is not limited to ‘Personal Data’ and/or ‘Sensitive Data’ (as those terms are defined in Data Privacy Laws (defined below)).

You acknowledge and agree and expressly consent that Bullhorn may collect, capture and otherwise obtain your biometric data, such as voiceprints, facial recognition, ocular or any other biometric data (“Your Biometric Data“), as part of your interactions with the Services for Bullhorn’s internal business purposes of staffing and recruiting and as otherwise set forth in these Terms of Use. Your Data, including Your Biometric Data, will be retained for the period required by applicable law and will be deleted or anonymized after this period or upon your written request. Your Biometric Data will not be disclosed to third parties except as required by law, with your consent, or as otherwise set forth in these Terms of Use. You have the right to withdraw your consent at any time. If you choose to withdraw your consent, please contact us at dpo@bullhorn.com, and we will take appropriate steps to delete Your Data, including Your Biometric Data, in accordance with applicable laws. Bullhorn will not sell, lease, or trade Your Biometric Data. For clarity, Your Biometric Data is considered Your Data.

You represent and warrant that: (i) Your Data is true, correct, accurate, current and complete, and does not violate these Terms of Use or any other agreement; (ii) you own or otherwise have all necessary rights, including, but not limited to copyrights and other intellectual property rights, in and to Your Data; and (iii) Your Data does not and will not infringe the intellectual property rights of any third-party or otherwise cause injury to any person or entity.

No Service for Minors: To use the Services, you must be the age of legal majority in your place of residence. By using the Services, you hereby represent and warrant that you are at least the age of legal majority in your place of residence. If you do not meet the preceding requirement, you may not access or use the Services.

Marketing Communications: You acknowledge and agree that we may send you marketing emails, including in regard to other Bullhorn career opportunities. You will have the ability to opt-out of any further marketing emails by following the opt-out procedure that will be included in any such emails.

Accessing and Using the Services: Bullhorn hereby grants you permission to access and use the Services as set forth in these Terms of Use, provided that you:

• agree to use the Services only for lawful purposes and its intended purposes;
• except as set forth herein, will not enter, provide, share, or otherwise distribute any Sensitive Data in the Services, including without limitation: (i) bank, brokerage, cryptocurrency or financial account or routing numbers, (ii) social security, driver’s license, passport or other government issued identification numbers, (iii) usernames and passwords, (iv) data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic or biometric data, or data concerning an individual’s sex life or sexual orientation, (v) credit card, debit card or stored value card numbers, (vi) personal health information (vii) insurance including, without limitation, health insurance identification information, (viii) criminal conviction data; and (ix) special categories of personal data and/or other sensitive data (as defined under applicable Data Privacy Laws), with the limited exception that you may create, enter, provide, share, transmit and/or otherwise distribute Sensitive Data limited to the extent necessary to establish your fitness for employment or as may be required under applicable laws;
• are solely responsible for any actions you undertake while using and accessing the Services and that you will comply with all applicable local, state, federal and foreign laws, rules and regulations applicable to the Services and the Internet, including without limitation, applicable Data Privacy Laws, copyright law and export regulations;
• are responsible for all of Your Data;
• may not create, enter, provide, share, transmit, or otherwise distribute in or through the Services anything protected by patent, copyright, trademark, trade secret, or other intellectual property or proprietary rights of any person or entity unless the owner of the applicable rights has given you express authorization;
• are prohibited from entering, providing, sharing, transmitting, or other distributing on or through the Services any material that is illegal, misleading, defamatory, indecent or obscene, threatening, infringing of any third-party proprietary rights, invasive of personal privacy, or otherwise objectionable (collectively, “Objectionable Matter“). Bullhorn reserves the right to remove any data in the Services that constitutes Objectionable Matter or violates any Bullhorn rules regarding appropriate use but is not obligated to do so;
• shall not interfere with or compromise the security of the Services, or any computer, server, account, network, data, software and/or hardware associated with the Services;
• agree not to disrupt or interfere with the Services or any other user’s access or use of the Services;
• agree not to attempt to obtain access to any portion of the Services, any computer, server, account, network, and/or software associated with the Services, from which you are restricted; and
• are prohibited from impersonating anyone else or passing yourself off as someone else including, without limitation, any Bullhorn employee or any public figure.

Suspension: Bullhorn may, in its sole discretion, suspend your access to, or reasonably limit or restrict any use of, the Services, or any portion thereof, temporarily, in whole or in part, if, and so long as, in Bullhorn’s sole judgment, there is a risk to the security, integrity or availability of the Services or other risk that may interfere with the proper continued hosting or provision of the Services or you or any third-party is misusing the Services, has breached these Terms of Use, or is or may be engaged in illegal activity.

Links to and from Other Services and Online Applications: You may have come to the Services via a link from a third-party service or online application. The terms of service of third-party services or online applications do not apply to the Services. Only these Terms of Use apply to the Services. Bullhorn assumes no responsibility or liability for any terms of service or content, information and other materials outside the Services accessed via any link.

Copyright, Trademark and Intellectual Property: The Services, and all content, features and functionality (including but not limited to all information, software, computer code, text, displays, images, video and audio, AI Features, Output, and the design, selection and arrangement of the Services), as well as any copyrights, trademarks, patents or other intellectual property or proprietary rights comprising the Services, or any component or element of the Services (collectively, “IP“), are owned by or licensed to Bullhorn. All IP is the exclusive property of Bullhorn and its licensors and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Bullhorn and its licensors retain all worldwide rights, title and interests in the IP. The IP may not be modified, copied, reproduced, distributed, downloaded, displayed, republished, transmitted, stored, licensed or sold in any form or by any means, in whole or in part, without the prior written consent of Bullhorn or its licensors, as applicable.

Bullhorn grants you permission to display and print the publicly available portions of the IP (other than the computer code comprising the Services) for your personal, non-commercial use only; provided, that, even if you display or print the IP as permitted hereunder, you may not modify, reproduce, copy, distribute, publicly display, republish, download, store, transmit, license or sell or create derivative works of the IP and you must retain all copyright and other proprietary notices contained in or on the IP.

The Services may not be used in connection with any service, product or other materials that are not Bullhorn’s, without the prior written consent of Bullhorn, or in any manner that is likely to cause confusion among consumers or that disparages Bullhorn. The rights granted herein terminate automatically if you breach these Terms of Use. Upon termination of these rights and/or the expiration or termination of your use of the Services, you must immediately destroy any IP you displayed or printed.

Bullhorn and all derivations thereof are trademarks of Bullhorn. Other marks, names, logos, product and service names, designs and slogans in or related to the Services are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of Bullhorn and may not be used, copied or imitated without the prior written consent of Bullhorn.

Feedback: From time to time during your use of the Services, you may provide Feedback to us in relation to our Services, website, documentation, other services and/or products. “Feedback” means any information, suggestions or input provided by you to us in any manner at any time, regarding our products, services, documentation, website and/or the Services, including, without limitation, changes or suggested changes to current or future services, products, website and documentation. You grant us a worldwide, royalty-free, exclusive, perpetual, unrestricted and irrevocable right to use, distribute or incorporate the Feedback for any purpose, including but not limited to, incorporation of Feedback into the Services or other offerings without compensation or attribution to you, provided such Feedback shall not contain any of Your Data.

Analytics: Bullhorn may anonymize, aggregate and/or de-identify Your Data (“Anonymized Data“) and use, disclose, distribute, and publish Anonymized Data for statistical, analytical, machine learning and/or product enhancement purposes, provided that Bullhorn shall employ reasonable and technically appropriate measures designed to prevent the re-identification of Your Data by a third-party. Such Anonymized Data will be the sole property of Bullhorn.

Data Privacy, Processing and Security: Bullhorn is committed to safeguarding Your Data and privacy. To know what privacy measures Bullhorn has taken and what information we retain in connection with your use of the Services or use of Bullhorn’s website, please read our Privacy Policy, which is incorporated herein by reference (the “Privacy Policy“). You accept and agree to be bound and abide by the Privacy Policy. If you do not agree to the Privacy Policy, you may not access or use the Services.

You and Bullhorn shall comply with all applicable Data Privacy Laws in the performance of each party’s respective obligations set out under these Terms of Use. “Data Privacy Laws” shall means the laws and regulations, guidance and codes of practice relating to data privacy and data protection, information security and privacy as applicable to Bullhorn as the Data Controller/Business in providing the Services to you as the Data Subject/Consumer in the following geographies where Bullhorn provides the Services: (i) United States federal and state data protection and privacy laws, including without limitation the California Consumer Privacy Act of 2018 (“CCPA“), as amended by the California Privacy Rights Act of 2020 (together with the CCPA, the “CPRA“); (ii) Regulation (EU) 2016/679 (the “General Data Protection Regulation” or “GDPR“) and the Privacy and Electronic Communications (EC Directive) Regulations; (iii) the United Kingdom General Data Protection Regulation (“UK GDPR“) and the Data Protection Act, 2018; (iv) the Canadian Personal Information Protection and Electronic Documents Act (“PIPEDA“); (v) the Swiss Federal Data Protection Act (“Swiss DPA“); (vi) the Dutch General Data Protection Regulation Implementation Act of 2018; and (vii) the Australian Federal Privacy Act 1988 and Australian Privacy Principles.

You acknowledge and agree that Bullhorn processes Personal Data that you create, enter, provide, share, transmit, or otherwise distribute in the Services as a Data Controller/Business (as the terms are defined in Data Privacy Laws) for the purposes as set forth in these Terms of Use. Bullhorn collects and processes Personal Data in accordance with these Terms of Use and the Privacy Policy.

You consent to Bullhorn’s use of processors (and subprocessors, as applicable) to perform the Services listed at Bullhorn’s Subprocessor Page. You further acknowledge and consent that those processors may be based outside the state, province, country or other jurisdiction in which Bullhorn stores Your Data, subject to Bullhorn taking steps to provide that the transfer is made in compliance with applicable Data Privacy Laws if transfers are made to those processors.

Bullhorn implements industry standard security procedures to help protect Your Data from security attacks. You acknowledge and agree that use of the Services necessarily involves transmission of Your Data over networks that are not owned, operated or controlled by Bullhorn, and Bullhorn is not responsible for any of Your Data lost, altered, intercepted or stored across such networks except to the extent required by Data Privacy Laws. Bullhorn cannot guarantee, represent or warrant that Bullhorn’s security procedures will be error-free, that transmissions of Your Data will always be secure or that unauthorized third parties will never be able to defeat Bullhorn’s security measures or those of Bullhorn’s third party service providers.

Copyright Infringement Policy:

Pursuant to the federal Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), Bullhorn designates our Legal Department to receive complaints and notices of suspected copyright infringements. If you believe that your work has been copied and is accessible in the Services in a way that constitutes infringement, you may notify Bullhorn by providing our Legal Department with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. Identification of the URL or other specific location on Bullhorn’s Services or website where the material that you claim is infringing is located;
4. Your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Bullhorn Inc. can be reached via e-mail at legal@bullhorn.com and by regular mail at Bullhorn Inc., 100 Summer Street, 17th Floor, Boston, MA 02110, Attention: Legal Department.

Disclaimers:
THE SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”. BULLHORN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THE SERVICES. THE OPERATION OF THE SERVICES MAY NOT BE UNINTERRUPTED OR ERROR FREE. THE SERVICES MAY NOT MEET YOUR SPECIFIC NEEDS OR REQUIREMENTS.

BULLHORN DOES NOT GUARANTEE THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE SERVICES OR ANY INFORMATION PROVIDED IN OR THROUGH THE SERVICES (BY LINK OR OTHERWISE) AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, AVAILABILITY OF THE SERVICES OR DELAYS IN RECEIVING OR TRANSMITTING INFORMATION, OR FOR THE RESULTS OBTAINED FROM USE OF THE SERVICES OR ANY SUCH INFORMATION OR CONTENT OBTAINED THEREFROM.

YOU AGREE THAT BULLHORN IS NOT RESPONSIBLE FOR AND CANNOT GUARANTEE THAT THE SERVICES ARE COMPLETELY FREE OF THE RISK OF VIRUSES, ATTACKS OR THREATS. YOU AGREE THAT YOUR ACCESS AND USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR ACCESS AND USE OF THE SERVICES AS PROVIDED IN THESE TERMS OF USE, AND THAT BULLHORN IS NOT RESPONSIBLE FOR YOUR FAILURE TO ACCESS OR USE THE SERVICES AS REQUIRED IN THESE TERMS OF USE INCLUDING, WITHOUT LIMITATION, YOUR OBLIGATIONS WITH RESPECT TO THE ENTRY, PROVISION, SHARING, TRANSMISSION, OR DISTRIBUTION OF PERSONAL DATA OR SENSITIVE DATA IN THE SERVICES.

ANY STATEMENTS MADE ABOUT BULLHORN OR ITS SERVICES BY BULLHORN SALES, MARKETING OR SUPPORT PERSONNEL DO NOT CONSTITUTE A WARRANTY, AND WILL NOT BE RELIED ON BY YOU IN DECIDING WHETHER TO ACCESS OR USE THE SERVICES OR ANY OTHER BULLHORN PRODUCTS OR SERVICES.

BULLHORN DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND NON-INFRINGEMENT IN RELATION TO THE SERVICES AND ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES.

IN ANY JURISDICTION WHERE A DISCLAIMER OR EXCLUSION FOR ANY TYPE OF WARRANTY IS PROHIBITED, BULLHORN’S DISCLAIMER OR EXCLUSION FOR ANY SUCH WARRANTY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BULLHORN OR ITS LICENSORS BE LIABLE, FOR ANY DAMAGES, LIABILITIES, CLAIMS, DEMANDS, PROCEEDINGS, COSTS OR EXPENSES (INCLUDING LEGAL EXPENSES) TO YOU UNDER ANY CIRCUMSTANCES FOR ANY (A) INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES; AND (B) DIRECT DAMAGES IN EXCESS OF $250.00, IN EACH CASE ARISING FROM THESE TERMS OF USE OR YOUR ACCESS AND USE OF THE SERVICES, OR ANY OTHER HARM INCLUDING, BUT NOT LIMITED TO, INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, INACCURACIES, LOSS OF DATA, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITY, LOSS OF SAVINGS, DEFECTS, VIRUSES, AND/OR DELAYS THAT RESULT FROM YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ERRORS OR INACCURACIES IN SERVICES, ACTS OUTSIDE OF BULLHORN’S CONTROL, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, INTERNET FAILURE, UNAUTHORIZED ACCESS, BULLHORN’S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, BULLHORN’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION. IF YOUR ACCESS OR USE OF THE SERVICES OR THE CONTENT, INFORMATION, PRODUCTS OR SERVICES PROVIDED AT, THROUGH OR IN CONNECTION WITH THE SERVICES OR ANY OTHER WEBSITE LINKED TO THE SERVICES RESULTS IN ANY LOSS TO YOU, OR RESULTS IN THE NEED FOR ANY SERVICING, REPAIR OR CORRECTION OF DATA OR EQUIPMENT, YOU ASSUME RESPONSIBILITY FOR ALL SUCH LOSSES AND ALL COSTS ARISING THEREFROM OR ASSOCIATED THEREWITH.

Indemnity: You agree to indemnify, defend and hold harmless Bullhorn, its licensors and their respective affiliates from and against, any claims, causes of action, damages, liabilities, losses, costs, or expenses (collectively, “Losses“) that we incur or may incur arising from, resulting from, or arising in connection with: (i) your breach of these Terms of Use; (ii) your access and use of the Services; (iii) personal injury or tangible and intangible property damage, casualty or loss suffered or incurred in connection with your access and use of the Services (including loss of Your Data) or other products or services available by or through the Services (including damage, casualty or loss arising from the malicious acts of third parties which could have been prevented or avoided by you using reasonable protective means); (iv) your acts and omissions in connection with your access and use of the Services; and (v) your providing to Bullhorn inaccurate or untruthful information via the Services whether to gain access to the Service, to obtain employment with Bullhorn, or otherwise.

Legal Compliance: Your access and use of the Services is on your own initiative. You are solely responsible for compliance with all applicable federal, state, local and foreign laws, rules and regulations in connection with your access and use of the Services.

Dispute Resolution, Class Action Waiver & Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Bullhorn are agreeing to establish a process to resolve disputes. We encourage informal resolution and, if not and unless an exception applies, you and Bullhorn
agree to resolve any disputes in individual, binding arbitration.

Arbitration Required. We realize that legal disputes can be costly and time-consuming, so we have included an agreement to try to resolve any disputes between you and Bullhorn as efficiently as
possible. IF YOU AND/OR BULLHORN DO NOT RESOLVE A DISPUTE BY INFORMAL NEGOTIATION OR IN SMALL CLAIMS COURT AND UNLESS YOU OPT-OUT OF ARBITRATION, ANY DISPUTE SHALL BE
RESOLVED BY INDIVIDUAL, BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR WHOSE DECISION WILL BE FINAL EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE U.S. FEDERAL ARBITRATION
ACT. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. “Dispute” includes any complaint, action, demand or other controversy, between you and us concerning these Terms of Use, the Services, or any communications between us related to these Terms of Use or the Services and whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Bullhorn empower the arbitrator with the exclusive authority to resolve any dispute relating to the
interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these Terms of Use are void or voidable.

Informal Dispute Resolution & Small Claims Court. Typically, you and Bullhorn can resolve any concerns you have about the Services with a phone call or email. You can always contact Bullhorn at: legal@bullhorn.com. If you are still not happy with the result, you or Bullhorn must send to the other party a notice of dispute, which is a written statement that includes the name, address and contact information of the party giving the notice, description of the facts, and the requested relief. You must send the notice of dispute to 100 Summer Street, 17th Floor, Boston, MA 02110, Attention: Legal Department. We will send any notice of dispute to you at the address we have for you. You and Bullhorn will attempt to resolve a dispute through informal negotiation within 60 days from the date the notice of dispute is sent. Only if you and we have not resolved the dispute after the 60 days, may you or we commence an arbitration proceeding as described below. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first, so long as you proceed only on an individual basis.

How Arbitration Works. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS“) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules“). The JAMS Rules and instructions about how to start arbitration are available at www.jamsadr.com or 1-800-352-5267. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. If you are a resident of California, you or we may sever and bring any claim for public injunctive relief related to the Dispute in court.

Arbitration Location and Costs. Unless you and Bullhorn agree to conduct arbitration by teleconference, videoconference, or otherwise, any arbitration hearing shall take place in the city or county where you reside. If you are located outside of the U.S., any in-person arbitration will take place in Boston, MA. Except for a dispute determined by the arbitrator to be frivolous or initiated in bad faith, Bullhorn will pay your filing fee and any documented costs and expenses up to a total amount of $1,000 and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.

Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. YOU AND BULLHORN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR THEIR RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU AND BULLHORN HEREBY WAIVE THE RIGHT TO ASSERT OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, ANY PRIVATE ATTORNEY GENERAL LAWSUIT OR PRIVATE ATTORNEY GENERAL ARBITRATION, AND ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings. If a court decides that the limitations of this particular paragraph regarding class action waiver are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.

Right to Opt Out of this Arbitration Agreement. You may opt out of this Dispute Resolution provision within the first 30 days after (a) you agree to these Terms of Use; or (b) we notify you of a material change to this Dispute Resolution provision. You may opt out by sending an email to Bullhorn at legal@bullhorn.com. You should include your name, mailing address, and the words “Reject Arbitration.”

One Year Limitations Period. You and Bullhorn also agree that any demand for arbitration must be made within one year of discovery of the circumstances giving rise to the Dispute, or the Dispute will be considered waived.

Governing Law and Survival. You agree that this Dispute Resolution provision shall be governed by the Federal Arbitration Act and interpreting case law. To the extent state substantive law applies to any Dispute, we agree that the Dispute will be governed by and construed subject to the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of law principles. In such event, you hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction and venue of the state and federal courts located in Suffolk County, Massachusetts with respect to any claims arising from or related to the Services, your access and use of the Services, and any information received through the Services. You agree not to plead forum non conveniens in any such action. You consent to service of process. You and Bullhorn agree that this Dispute Resolution provision will survive the cancellation of these Terms of Use and/or your access and use of the Services. If any portion of this Dispute Resolution provision other than the class action waiver, is determined by a court or the arbitrator to be found unenforceable, that portion shall be ineffective without affecting the enforceability of the rest of the provision.

Consultation with Legal Counsel: You represent and warrant that you (i) have had an opportunity to consult legal counsel as to your rights and the consequences of agreeing to these Terms of Use; (ii) fully understand and appreciate the meaning of each of the terms of these Terms of Use; (iii) fully understand and appreciate that you may be waiving legal rights or claims by agreeing to these Terms of Use; and (iv) are voluntarily agreeing to these Terms of Use with a full and complete understanding of its terms and legal effect and with the intent to be legally bound by these Terms of Use.

Change of Terms: Bullhorn reserves the right at any time and from time to time to modify these Terms of Use. Any updated Terms of Use will be accessible via the Services and the effective date indicated on these Terms of Use will indicate the date these Terms of Use were last revised (the “Effective Date“). The updated, then-current version of these Terms of Use shall supersede and take precedence over all prior versions, as of the Effective Date of such version. Your continued use of the Services after the Effective Date constitutes your acceptance of the new Terms of Use. If you do not agree with the new Terms of Use, you must discontinue your access and use of the Services.

Alteration of Service: Bullhorn reserves the right at any time and from time to time to modify, temporarily or permanently, the Services (or any feature, aspect, content, or part thereof) or discontinue the Services in Bullhorn’s sole discretion. From time to time, we may restrict access to some or all of the Services without notice to you, and/or may terminate your use of the Services at any time, upon notice to you, at our sole discretion. You acknowledge and agree that Bullhorn will not be liable to you nor to any third-party for any modification or discontinuation of the Services or if for any reason all or any part of the Services are unavailable at any time or for any period.

Severability: If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms of Use.

Integration Clause: You hereby acknowledge and agree that these Terms of Use, the Privacy Policy, and all other documents referenced herein represent the entire agreement between you and Bullhorn concerning your access and use of the Services.

Assignment: We may transfer, assign, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use. You may not transfer, share or assign your rights and/or obligations under these Terms of Use without Bullhorn’s prior written consent.

Headings of these Terms of Use: The section headings used in these Terms of Use are for reference and the convenience of the readers and shall not constitute part of these Terms of Use for interpretation purposes.

Questions/Request for Accommodation/Questions: To request an accommodation or an alternative interview process, please contact Bullhorn Human Resources by email at hr@bullhorn.com.

Bullhorn has appointed Data Protection Officers, who are responsible for matters relating to data privacy and protection. The Data Protection Officers can be contacted by email at DPO@bullhorn.com, or by mail at:

Bullhorn, Inc.
100 Summer Street, 17th Floor
Boston, MA 02110
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