Last Updated: March 2025

These Terms of Service (“Terms”) apply to your access to and use of the websites, applications and other products and services, including email/sms services, marketing services, and various other message communication applications (collectively, our “Services”) provided by SAFEGUARD Recruiting LLC. (“SAFEGUARD Connect”, “we”, or “us”). By clicking to indicate your acceptance of these Terms, or otherwise accessing or using the Services, you agree to these Terms, and to use our Services in accordance with our Acceptable Use Policy, which is incorporated by reference into these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 19, do not access or use our Services.

In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product or service. For the purposes of these terms and conditions, SAFEGUARD Recruiting, SAFEGUARD Recruiting LLC, and SAFEGUARD Connect are used interchangeably throughout the document.

If you have any questions about these Terms or our Services, please contact us at hire@safeguardrecruiting.com.

1. Use of the App

The App is intended for users aged 18 and above. You agree to use the App in compliance with all applicable laws and regulations. You are responsible for maintaining the confidentiality of your account credentials.

2. Accounts, Security and Electronic Communications

You will need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account, not share your account credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. SAFEGUARD Connect reserves the right to suspend or terminate accounts that violate these Terms.

By creating a SAFEGUARD Connect account, you consent to receive electronic communications from SAFEGUARD Recruiting (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

3. Privacy

Please refer to our Privacy Policy (https://safeguardrecruiting.com/privacy-policy) for information about how we collect, use and disclose information about you.

4. Prohibited Conduct

You agree not to use the App for any illegal, fraudulent, or unauthorized purposes. The Transmitting of any harmful, offensive, or inappropriate content is strictly prohibited. Any attempt to disrupt or interfere with the App’s functionality is prohibited.

5. Intellectual Property

All content, trademarks, and intellectual property associated with the App are owned by SAFEGUARD Recruiting or its licensors. You may not copy, modify, or distribute any part of the App without prior written consent.

6. Limitation of Liability

SAFEGUARD Connect is provided “as is” without warranties of any kind. We are not responsible for any direct, indirect, incidental, or consequential damages arising from your use of the App.

7. Termination

We may suspend or terminate your access to the App at any time for violation of these Terms. You may cancel your subscription at any time by logging into your account and following the instructions on your account dashboard for cancellation or by contacting us . Such cancellation notice must be sent by the designated account owner or an authorized signatory. Inactivity does not constitute automatic cancellation, so unless you cancel your account in accordance with this section, you will continue to be charged for subscription to the Services. All cancellation requests will take effect at the end of then-current subscription period in which the cancellation request is made, and you will be responsible for all fees and any applicable taxes and other charges rendered up through the cancellation date. In the event you cancel your subscription, please note that we may still send you promotional communications about SAFEGUARD Recruiting, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

8. Updates and Modifications

SAFEGUARD Connect reserves the right to update these Terms at any time. Continued use of the App after changes are posted constitutes acceptance of the revised Terms.

9. Governing Law & Venue

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of State of Utah, without regard to conflict of law rules or principles (whether of Utah or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Utah and the United States, respectively, sitting in Salt Lake County, Utah.

10. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless SAFEGUARD Recruiting LLC, our parent, subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “SAFEGUARD Connect Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”)arising out of or related to (a) your access to or use of our Services; (b) your Marketing Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or (e) your conduct in connection with our Services. You agree to promptly notify SAFEGUARD Connect Parties of any third party Claims, cooperate with SAFEGUARD Connect Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that SAFEGUARD Connect Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and SAFEGUARD Recruiting or the other SAFEGUARD Connect Parties.

11. Release

To the fullest extent permitted by applicable law, you release SAFEGUARD Recruiting and the other SAFEGUARD Connect Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

12. Commercial Items

If acquired by any agency of the U.S. Government, such agency acknowledges that (a) the App and Services constitute “commercial computer software” or “commercial computer software documentation” for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable; and (b) such agency’s rights are limited to those specifically granted under these Terms.

13. Publicity

You agree to be identified as a customer of SAFEGUARD Recruiting and/or SAFEGUARD Connect and that SAFEGUARD Recruiting may refer to you by name, trade name, trademark, logo and other proprietary marks or words, and may describe your business, in our marketing or publicity materials, on our website, and in press releases or other public statements. You hereby grant SAFEGUARD Recruiting a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use your name and any of your trade names, trademarks, logos and other proprietary marks or words pursuant to this Section.

14. Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

15. Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with SAFEGUARD Recruiting and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or SAFEGUARD Recruiting seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or SAFEGUARD Recruiting seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and SAFEGUARD Recruiting waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Salt Lake County, Utah in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and SAFEGUARD Recruiting agree that any dispute arising out of or related to these Terms or our Services is personal to you and SAFEGUARD Recruiting and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and SAFEGUARD Recruiting agree that for any arbitration you initiate, you will pay the filing fee and SAFEGUARD Recruiting will pay the remaining JAMS fees and costs. For any arbitration initiated by SAFEGUARD Recruiting, SAFEGUARD Recruiting will pay all JAMS fees and costs. You and SAFEGUARD Recruiting agree that the state or federal courts of the State of Utah and the United States sitting in Salt Lake County, Utah have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and SAFEGUARD Recruiting will not have the right to assert the claim.

16. Contact Information

If you have any questions or concerns about these Terms, please contact us at hire@safeguardrecruiting.com.

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