Terms and Conditions

These Terms of Service (these “Terms”) are a binding agreement between you and Persona Talent (“Persona,” “we,” “us,” or “our”), which is operated by Psychometric, Inc., and govern your access to and use of our websites, landing pages, subdomains, applications, forms, portals, content, software, communications, and related services that link to or reference these Terms, including www.personatalent.com and related pages (collectively, the “Site”).

By accessing or using the Site, submitting a form, booking a call, applying for a role, registering for updates, communicating with us, or otherwise interacting with the Site, you agree to these Terms. If you are using the Site on behalf of a company or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms, and in that case “you” and “your” refer to that entity as well as the individual acting on its behalf.

If you do not agree to these Terms, do not access or use the Site.

1. Scope; Separate Agreements

These Terms govern your use of the Site and related communications unless and until you enter into a separate written agreement with us that expressly governs a particular service relationship.

If you enter into an order form, services agreement, statement of work, talent agreement, recruitment agreement, conversion agreement, non-disclosure agreement, or other written agreement with us (each, a “Separate Agreement”), then that Separate Agreement will control with respect to the specific subject matter it covers. These Terms will continue to govern your use of the Site and all matters not addressed or superseded by the Separate Agreement.

Information on the Site is provided for general informational purposes only and does not constitute a binding offer, quotation, legal advice, employment advice, tax advice, accounting advice, or a guarantee of availability, suitability, results, pricing, time-to-fill, or outcomes.

2. Eligibility and Authority

You may use the Site only if you are at least 18 years old and legally capable of entering into a binding contract. By using the Site, you represent and warrant that:

you meet these eligibility requirements;
all information you provide is current, complete, and accurate;
you have the right to provide any information, content, contact details, or data you submit to us;
if you are acting for a business, you have authority to bind that business; and
your use of the Site will comply with all applicable laws, regulations, rules, and industry requirements.

3. Changes to These Terms

We may revise these Terms at any time in our sole discretion. Updated Terms will be effective when posted, unless a later effective date is stated. Your continued use of the Site after revised Terms are posted constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site.

4. Privacy; Electronic Communications

Your use of the Site is subject to our Privacy Policy, which is incorporated into these Terms by reference.

You consent to receive communications from us electronically, including by email, through the Site, and, where you provide consent or where otherwise permitted by law, by phone call or text message. You agree that electronic communications, disclosures, notices, records, and agreements satisfy any legal requirement that such communications be in writing.

5. SMS Messaging Program

5.1 Consent to Receive Messages

By providing a mobile phone number to Persona and affirmatively opting in through our Site, forms, scheduling flows, account settings, written agreements, verbal workflows where permitted by law, or other lawful consent mechanisms, you agree to receive SMS text messages from Persona and its service providers acting on its behalf.

Depending on the consent you provide, such messages may include:

conversational messages;
scheduling and appointment-related messages;
follow-up and reminder messages;
service-related updates;
account notifications;
support communications;
recruiting, application, interview, onboarding, or work-related communications;
customer relationship communications; and
promotional or marketing messages, but only where you have separately provided any consent required by law for such messages.

If you initiate a text conversation with us, you consent to receive responsive messages reasonably related to that conversation.

5.2 Message Frequency; Rates

Message frequency varies depending on your interactions with us, your relationship with us, and the programs you join. Message and data rates may apply according to your wireless carrier plan.

5.3 No Condition of Purchase

Your consent to receive SMS messages is not a condition of purchase or use of our services.

5.4 Authorized Number

By opting in, you represent and warrant that you are the subscriber, customary user, or authorized user of the mobile number you provide, that the number is accurate and current, and that you are authorized to consent to receive messages at that number. You are solely responsible for notifying us immediately if your mobile number changes, is reassigned, transferred, forfeited, ported, or deactivated.

5.5 Opt-Out; Revocation of Consent

You can opt out of text messages at any time by replying STOP to any message. For help, reply HELP to any message or contact us at [email protected].

You may also revoke consent by any other reasonable means permitted by applicable law, including by contacting us through the Site or at [email protected]. We may send a one-time, non-marketing confirmation or clarification message as permitted by law.

5.6 Service Providers; No Sale of Mobile Opt-In Data

We may use telecommunications providers, platform providers, software providers, and other service providers to support and deliver our SMS program. However, we do not sell, rent, share, or transfer your mobile phone number, SMS opt-in data, or SMS consent records to third parties or affiliates for their own marketing or promotional purposes.

5.7 Availability and Disclaimer

SMS is provided on an “as is” and “as available” basis. Delivery is subject to effective transmission by your wireless carrier, network availability, device compatibility, number validity, local restrictions, filtering, outages, delays, and other factors outside our control. We do not guarantee message delivery, timeliness, availability, or security. SMS is not intended for emergency, urgent, or time-critical communications. Participating carriers are not liable for delayed or undelivered messages.

5.8 Program Changes

We may modify, suspend, restrict, or discontinue some or all of our SMS messaging program at any time, with or without notice and without liability. We may also change the phone number, long code, short code, or sender ID from which messages are sent.

6. Permitted Use; Prohibited Conduct

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your internal, lawful, and non-commercial business purposes, or for legitimate career-related purposes, as applicable. No other rights are granted.

You must not, and must not permit any third party to:

use the Site in violation of any law, regulation, or third-party right;
scrape, crawl, spider, frame, mirror, index, harvest, data-mine, copy, or systematically extract content, candidate information, profiles, data, metadata, or other materials from the Site, whether manually or by automated means, without our prior written consent;
use bots, scripts, agents, or automated systems to access the Site for any purpose other than ordinary search engine indexing consistent with our instructions;
reverse engineer, decompile, disassemble, decode, adapt, or attempt to derive the source code, underlying ideas, structure, or algorithms of any part of the Site;
interfere with, disrupt, disable, overburden, impair, or compromise the Site or any networks, systems, or security measures connected to the Site;
bypass or attempt to bypass any access controls, rate limits, authentication, security features, or technological protection measures;
upload, transmit, or distribute malware, spyware, ransomware, malicious code, or any harmful or destructive technology;
impersonate any person or entity, misrepresent your affiliation, or submit false, misleading, or inaccurate information;
use the Site to build, train, improve, benchmark, or validate any competing product, service, dataset, model, algorithm, or machine-learning or artificial-intelligence system without our prior written consent;
copy, modify, translate, create derivative works of, publicly display, publicly perform, republish, or redistribute Site content except as expressly permitted by us in writing;
use Site content, candidate information, testimonials, research, assessments, or data to develop or market any competing staffing, recruiting, outsourcing, lead-generation, or talent-matching service;
use the Site to send spam, unsolicited communications, fraudulent inquiries, or deceptive or manipulative requests;
probe, scan, or test the vulnerability of the Site without our prior written authorization;
access or use the Site in any way that could create liability for us or damage our reputation, relationships, or operations; or
encourage or assist anyone else to do any of the foregoing.

We may monitor use of the Site and investigate suspected violations. We may suspend, restrict, or terminate access and cooperate with law enforcement or other authorities in connection with any suspected violation.

7. Accounts, Credentials, and Security

Some parts of the Site may require registration, login credentials, or access links. You are responsible for all activity conducted through your account or credentials, whether or not authorized by you, unless prohibited by law. You must keep credentials confidential and notify us immediately at [email protected] of any actual or suspected unauthorized use or security incident.

We reserve the right to reject, reclaim, suspend, disable, or terminate any account, username, or access credential at any time in our sole discretion.

8. Your Submissions; License; Feedback

8.1 Submissions

If you submit or upload information, content, communications, data, materials, documents, forms, resumes, job descriptions, interview materials, feedback, candidate notes, scheduling requests, contact details, testimonials, images, recordings, or other materials to us or through the Site (collectively, “Submissions”), you represent and warrant that:

you own or control all rights necessary to provide the Submissions and to grant the rights described in these Terms;
the Submissions do not violate any law or infringe, misappropriate, or otherwise violate any third-party right;
the Submissions are not fraudulent, misleading, defamatory, obscene, or unlawful; and
our collection, use, disclosure, storage, processing, and transfer of the Submissions as described in these Terms and our Privacy Policy will not violate any law or third-party right.

8.2 License to Use Submissions

As between you and Persona, you retain ownership of your Submissions, subject to the rights you grant to us. You grant Persona and its affiliates, contractors, service providers, and designees a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, modify, adapt, process, translate, distribute, display, perform, transmit, and otherwise use your Submissions:

to operate, provide, maintain, secure, improve, and support the Site and our services;
to communicate with you and others at your direction or as reasonably necessary to respond to your requests;
to evaluate inquiries, applications, candidates, opportunities, business relationships, and service delivery;
to create, use, and disclose aggregated, statistical, or deidentified information;
to enforce these Terms and protect our rights, systems, personnel, and users; and
for any other purpose described in our Privacy Policy or authorized by you.

8.3 Feedback

If you provide suggestions, ideas, comments, proposals, recommendations, corrections, or other feedback regarding the Site or our services (“Feedback”), you assign to us all right, title, and interest in and to that Feedback. If any such assignment is ineffective, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform, display, commercialize, and otherwise exploit the Feedback for any purpose without restriction, attribution, or compensation.

8.4 Testimonials and Public Statements

If you provide a testimonial, review, quote, endorsement, logo, or similar statement to us, you grant us the right to use, reproduce, edit for length or clarity, publish, display, and distribute that material, together with your name, likeness, title, company name, and associated branding, for our marketing, sales, recruiting, investor, public-relations, and business purposes, unless otherwise agreed in writing.

9. Ownership; Intellectual Property

The Site and all content, text, graphics, interfaces, designs, software, code, features, functionality, databases, trademarks, service marks, logos, trade dress, assessments, methodologies, workflows, data compilations, and other materials made available by us (collectively, “Persona Materials”) are and will remain the exclusive property of Persona, its affiliates, licensors, or suppliers and are protected by intellectual property and other laws.

Except for the limited license expressly granted in these Terms, no right, title, or interest in or to the Site or Persona Materials is transferred to you. All rights not expressly granted are reserved.

You must not remove, obscure, alter, or delete any copyright, trademark, patent, confidentiality, or other proprietary notices.

10. Third-Party Services and Links

The Site may contain links to third-party sites, services, tools, or resources, or may enable integrations with third-party services. We do not control and are not responsible for any third-party site, service, content, policy, act, omission, or practice. Your use of third-party services is solely at your own risk and subject to the terms and policies of the applicable third party.

11. Information on the Site; No Reliance

The Site may include general information about our business, talent, roles, processes, pricing approaches, case studies, success stories, testimonials, timelines, metrics, capabilities, or results. All such information is for general informational purposes only.

Without limiting the foregoing:

testimonials, examples, and case studies are illustrative only and are not guarantees of future results;
references to timing, savings, performance, productivity, suitability, quality, or availability are estimates or examples and may vary materially;
we do not guarantee that any candidate, talent, role, service, workflow, or solution will be available, suitable, compliant, successful, or uninterrupted; and
you are solely responsible for evaluating any information, opportunity, or relationship before relying on it.

12. Service-Specific Terms if No Separate Agreement Exists

If you purchase or receive services from us and no Separate Agreement governs those services, the following terms apply in addition to the rest of these Terms.

12.1 Services

We may provide talent matching, staffing support, recruiting support, placement support, consulting, onboarding assistance, training support, payroll support, compliance support, operational support, communications support, and related services (“Services”). We may determine in our sole discretion how the Services are delivered, including through affiliates, employees, independent contractors, subcontractors, and service providers.

12.2 No Guarantee; Right to Decline

We do not guarantee that we will accept any inquiry, fill any role, identify any candidate, maintain any level of staffing, continue any specific Service, or meet any particular timeline, result, or service level. We may reject, delay, condition, or discontinue Services at any time in our sole discretion.

12.3 Fees; Billing; Taxes

You agree to pay all fees, charges, expenses, conversion fees, and taxes stated in your order, proposal, invoice, or other billing communication. Unless otherwise stated in writing:

fees are quoted and billed in U.S. dollars;
recurring fees are billed in advance on a monthly basis;
fees are non-cancelable and non-refundable once invoiced, except as required by law or expressly stated by us in writing;
amounts not paid when due may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law; and
you are responsible for all sales, use, value-added, withholding, or similar taxes, duties, levies, and charges, excluding taxes based on our net income.

We may suspend or terminate Services for nonpayment. You will reimburse us for reasonable costs of collection, including attorneys’ fees, collection agency fees, and court costs.

12.4 Term; Renewal; Cancellation

Unless otherwise stated in writing, Services continue on a month-to-month basis and automatically renew for successive monthly periods until canceled by either party. Either party may cancel Services by providing written notice before the next billing cycle. Cancellation does not relieve you of payment obligations already incurred.

12.5 Personnel; No Employment Relationship with You

Unless otherwise expressly agreed in writing, any individual sourced, introduced, engaged, employed, contracted, managed, or supported by us in connection with the Services is not your employee solely by virtue of our relationship with you. We reserve the right to determine compensation, benefits, assignments, support structures, employment or engagement status, and personnel decisions relating to those individuals, subject to applicable law and any Separate Agreement.

You are responsible for the day-to-day direction of work you request, the lawfulness of your instructions, your systems and access controls, and your compliance with all laws applicable to your business and activities.

12.6 Customer Responsibilities

You agree to:

provide timely, accurate, and complete information, materials, access, feedback, and approvals;
use the Services and any personnel in compliance with applicable law and for lawful purposes only;
maintain appropriate systems, safeguards, permissions, and internal policies for your own business and data;
refrain from directing any unlawful, unsafe, deceptive, discriminatory, or prohibited activity;
comply with export, sanctions, anti-bribery, anti-discrimination, privacy, employment, and workplace laws applicable to your business; and
cooperate in good faith with onboarding, support, compliance, and operational processes reasonably requested by us.

12.7 Work Product; Persona IP

Unless otherwise agreed in writing, and subject to full payment of all amounts due, as between you and us:

you own the specific deliverables created uniquely for you by personnel assigned to you in the course of providing Services;
Persona retains all right, title, and interest in and to all Persona Materials, pre-existing materials, software, tools, templates, assessments, know-how, methods, models, processes, automations, improvements, general skills, generalized learnings, analytics, deidentified data, and derivative works thereof; and
Persona may use, reuse, and improve its general ideas, concepts, know-how, methods, and techniques, provided we do not disclose your confidential information in violation of applicable obligations.

12.8 Non-Solicitation; Conversion

To the fullest extent permitted by law, during the term of the Services and for twelve (12) months thereafter, you will not directly or indirectly solicit for hire, hire, engage, contract with, recruit, or otherwise retain any person whom we introduced, sourced, recruited, employed, engaged, or materially presented to you in connection with the Services, except with our prior written consent or pursuant to a written conversion or buyout arrangement approved by us.

12.9 Use of Data

You authorize us to use data arising from the Services for internal operations, billing, compliance, quality assurance, support, performance analysis, security, fraud prevention, service improvement, product development, and the creation of aggregated, statistical, benchmark, and deidentified information, subject to applicable law and any Separate Agreement.

13. Recording and Monitoring

To the fullest extent permitted by law, we may monitor, review, intercept, record, transcribe, store, and analyze communications and interactions involving the Site or our personnel for quality assurance, training, compliance, security, fraud prevention, dispute resolution, service improvement, and other lawful business purposes. By interacting with us, you consent to such monitoring and recording where consent is required by law.

14. Suspension and Termination

We may suspend, restrict, disable, or terminate your access to the Site or any part of it, or terminate any relationship governed by these Terms, at any time and for any reason or no reason, with or without notice and without liability, including if we believe:

you have violated these Terms;
your use creates risk, legal exposure, or potential harm to us, our users, our personnel, or any third party;
we are required to do so by law, carrier requirement, regulator, partner, or service provider; or
continued operation is no longer commercially or operationally practical.

Upon termination, your right to use the Site will immediately cease. Sections that by their nature should survive termination will survive, including provisions relating to ownership, licenses, disclaimers, limitations of liability, indemnification, dispute resolution, and payment obligations.

15. DISCLAIMERS

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, PERSONA MATERIALS, SMS PROGRAM, AND ALL RELATED SERVICES, CONTENT, COMMUNICATIONS, AND FEATURES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” PERSONA AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, RESULTS, AVAILABILITY, SECURITY, RELIABILITY, QUALITY, AND FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
ANY DEFECT, BUG, OR ERROR WILL BE CORRECTED;
ANY CONTENT, DATA, OR INFORMATION WILL BE ACCURATE, CURRENT, OR COMPLETE;
ANY CANDIDATE, TALENT, MATCH, ROLE, REFERRAL, OR OPPORTUNITY WILL BE AVAILABLE, SUITABLE, LAWFUL, OR SUCCESSFUL;
ANY COMMUNICATION WILL BE DELIVERED OR RECEIVED;
THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR
USE OF THE SITE WILL PRODUCE ANY SPECIFIC BUSINESS, HIRING, REVENUE, PRODUCTIVITY, COST-SAVINGS, COMPLIANCE, OR OPERATIONAL RESULT.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE FOREGOING MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

16. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PERSONA OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, USE, SAVINGS, OPPORTUNITY, OR REPUTATION, ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, THE SMS PROGRAM, ANY COMMUNICATIONS, OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, WARRANTY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF PERSONA AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, AND SUPPLIERS ARISING OUT OF OR RELATING TO THE SITE, SERVICES, SMS PROGRAM, OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

THE TOTAL AMOUNT YOU PAID TO PERSONA FOR THE SPECIFIC SERVICES OR SITE ACCESS GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
ONE HUNDRED U.S. DOLLARS (US $100).

THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE FOREGOING MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

17. Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Persona and its affiliates, licensors, service providers, contractors, suppliers, and their respective directors, officers, employees, agents, and representatives from and against any and all claims, actions, demands, proceedings, damages, judgments, awards, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or relating to:

your access to or use of the Site, Services, or SMS program;
your Submissions, data, content, instructions, requests, or materials;
your breach of these Terms or any Separate Agreement;
your violation of any law, regulation, or third-party right;
any allegation that your Submissions or instructions infringe, misappropriate, or otherwise violate any intellectual property, privacy, publicity, confidentiality, employment, or other right;
your failure to obtain required consents, permissions, notices, or approvals;
any unlawful, misleading, deceptive, discriminatory, unsafe, or prohibited activity directed or requested by you;
any dispute between you and any third party, including your employees, contractors, customers, prospects, applicants, vendors, candidates, or end users; or
your provision of a mobile number that is not yours or for which you lack authority to consent.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with that defense.

18. Governing Law

These Terms, and any dispute arising out of or relating to these Terms, the Site, the Services, or the SMS program, are governed by the Federal Arbitration Act and the laws of the State of Tennessee, without regard to conflict-of-law principles, except to the extent preempted or prohibited by applicable law.

19. Dispute Resolution; Binding Individual Arbitration

Please read this section carefully. It affects your rights.

19.1 Informal Resolution First

Before initiating arbitration or court proceedings, you and Persona agree to attempt to resolve any dispute informally for at least sixty (60) days. A party initiating a dispute must send a written notice describing the nature of the dispute, the relief requested, and the supporting facts to [email protected]. If the dispute is not resolved within the informal resolution period, either party may proceed as set out below.

19.2 Agreement to Arbitrate

Except for the limited exceptions stated below, you and Persona agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Services, the SMS program, or any relationship between you and Persona will be resolved by final and binding arbitration on an individual basis.

Arbitration will be administered by the American Arbitration Association (AAA) under the applicable AAA rules, including, where applicable, the AAA Consumer Arbitration Rules, as modified by these Terms. If AAA is unavailable, the parties will select another nationally recognized arbitration provider. The arbitrator will have exclusive authority to resolve all disputes relating to the interpretation, enforceability, scope, or formation of this arbitration agreement, except that a court of competent jurisdiction may determine issues relating to the class action waiver and any non-waivable request for public injunctive relief.

The arbitration may be conducted remotely, by written submissions, by telephone, by video conference, or in the county where you reside or another mutually agreed location, as permitted by the applicable rules.

19.3 Exceptions

Nothing in this section prevents either party from:

bringing an individual action in small claims court if the claim qualifies;
seeking temporary, preliminary, or injunctive relief in a court of competent jurisdiction to protect intellectual property, confidential information, trade secrets, or security interests; or
pursuing a claim that by law cannot be required to be arbitrated.

19.4 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PERSONA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR PARTICIPANT IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR MASS ACTION OR PROCEEDING.

The arbitrator may not consolidate more than one person’s claims and may not preside over any class, collective, representative, or mass proceeding, except to the extent the parties expressly agree in writing after a dispute arises.

If the class action waiver is found unenforceable as to a particular claim or request for relief, then that claim or request for relief must be severed and brought in court, and the remaining claims must be arbitrated.

19.5 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PERSONA WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE SERVICES, OR THE SMS PROGRAM.

19.6 Arbitration Fees

Payment of arbitration fees will be governed by the applicable AAA rules and applicable law. We reserve all rights to seek recovery of fees and costs to the fullest extent permitted by law, contract, or rule.

20. Limitation Period

To the fullest extent permitted by law, any claim or cause of action arising out of or relating to the Site, the Services, the SMS program, or these Terms must be filed within one (1) year after the claim or cause of action arose, or it will be permanently barred.

21. Export Controls and Sanctions

You may not use the Site or any related service in violation of U.S. export control, sanctions, or trade laws. You represent and warrant that you are not located in, organized in, or ordinarily resident in any country or territory subject to comprehensive U.S. embargoes, and are not identified on any U.S. government prohibited or restricted party list, to the extent such laws apply to your use.

22. Miscellaneous

22.1 Entire Agreement

These Terms, together with any incorporated policies and any Separate Agreement, constitute the entire agreement between you and Persona regarding the subject matter addressed herein and supersede all prior or contemporaneous understandings regarding that subject matter.

22.2 Assignment

You may not assign, delegate, or transfer these Terms or any rights or obligations under them without our prior written consent. Any attempted assignment in violation of the foregoing is void. We may assign, delegate, or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, financing, corporate reorganization, or sale of assets.

22.3 No Waiver

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

22.4 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

22.5 Force Majeure

We are not responsible for any delay, interruption, failure, or inability to perform resulting from causes beyond our reasonable control, including acts of God, weather events, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, epidemics, pandemics, carrier failures, power failures, internet outages, platform failures, vendor failures, cyberattacks, security incidents, or shortages of labor or materials.

22.6 Relationship of the Parties

Nothing in these Terms creates any agency, partnership, joint venture, fiduciary, franchise, employment, or similar relationship between you and Persona.

22.7 No Third-Party Beneficiaries

Except as expressly provided in these Terms, there are no third-party beneficiaries to these Terms.

22.8 Headings

Headings are for convenience only and do not affect interpretation.

23. Contact Us

Questions about these Terms may be sent to:

Persona Talent / Psychometric, Inc.
Email: [email protected]
Website: https://www.personatalent.com/contact/