Trailblaze Terms of Use

Last Updated: July 18, 2022

Welcome to the website of Trailblaze, Inc. (“Trailblaze” or “we” or “us”). These Terms of Use (“Terms”) govern the access to, and use of, this website (the “Site”).

These Terms apply to both Members and Visitors. When you register and join the Trailblaze Services, you become a “Member”. A Member may be a “Candidate” or an “Employer”. If you have chosen not to register for our Services, you may access certain features as a “Visitor.” Members and Candidates and Visitors may be referred to in these Terms as “you” or “your”.

These Terms are a Legal Agreement. By using or signing up for an account on this Site, or by accessing or using the network, mobile applications, or other services provided by Trailblaze (collectively, the “Services”), or accessing any content provided by Trailblaze through the Site or the Services, you agree to be bound by these Terms, as updated from time to time. If you do not wish to accept these Terms then do not access or use the Site or Services. Your use of our Services is also subject to our Privacy Notice, which covers how we collect, use, share, and store your personal information. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

Trailblaze’s Role.

Trailblaze does not, and the services are not intended to, provide employment advice. Trailblaze offers information and facilitates communications between job seekers and Employers to hopefully make finding a job – or an employee – an easier, more rewarding experience. But Trailblaze does not represent you or any employer or job seeker. Candidates and Employers are solely responsible for the information provided in any resume or profile, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of the Site. Trailblaze does not provide any guarantee or assurances regarding the hiring or interviewing process. Trailblaze does not have input into the Employers’ hiring processes. Trailblaze is not responsible for and does not guarantee job postings or wages or benefits. Trailblaze is not a third party to or liable for any agreements between any Employer and any Candidate, regardless of whether or not Trailblaze receives a fee from an Employer in connection with the transaction.

Eligibility to Use this Site and the Services; Your Responsibilities.

  1. By using the Site, you affirm that you are of legal age to enter into these Terms or you are the legal parent or guardian authorized to agree to these terms on behalf of a minor. If you are an individual accessing or using this Site on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Sites and to any such Organization.
  2. To access the features of the Services, you may be required to provide us with some information about yourself, including email address, government issued identification, or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times.
  3. If you are asked to provide a password, you are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken using your password or your account.

Foreign Use.

The Site is controlled or operated (or both) from the United States, and is not intended to subject Trailblaze to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Trailblaze makes no representation that materials accessed on or through the Site or the Services are appropriate or available for use in locations outside of California. Those who choose to access or use the Site or the Services from other locations, including from outside the United States of America, do so on their

own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Site and the Services from jurisdictions where the contents or practices of the Site or the Services are illegal, unauthorized or penalized is strictly prohibited. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

Ownership of the Site.

The Site, including the look and feel of the Site, the visual interfaces, custom fonts, graphics, designs and button designs, the compilation, information, data, computer code, and all other elements of the Site and Services (collectively, “Materials”) are the exclusive property of Trailblaze or its licensors, and are protected by U.S. and international law. The names of third-party companies, products, and services mentioned herein may be the trademarks of their respective owners. All trademarks, service marks, and logos displayed on the Sites (the “Marks”) are the exclusive property of Trailblaze or their respective third party owners. Except for your right to view Marks on our Site, you are not granted any rights to the Marks. Nothing in the Site grant, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site. You agree not to access or use the Site, or any content, information, or materials incorporated into or made available through the Site, except as expressly permitted under these Terms.

License to Use the Site and the Services.

Subject to and conditioned on your compliance with these Terms, including the Conditions provided for in the next section of these Terms, Trailblaze grants you a limited, non- exclusive, non-transferable, non-assignable, revocable license to access and use the Sites, and to download copies of the materials that we make available for download on the Sites, in each case solely for your personal and non- commercial use.

Conditions to Our License Grant to You.

You agree to not:

  1. Create a false identity on Trailblaze, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
  2. reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein;
  3. collect or reproduce or use any pictures or descriptions or other content and information obtained from the Site or the Services except as expressly permitted by these Terms;
  4. reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Site or the Services, except as explicitly permitted under these Terms;
  5. use any data mining, robots or similar data gathering or extraction methods;
  6. download (other than the page caching) any portion of the Site or the Services or any information contained therein, except as expressly permitted by these Terms;
  7. frame or mirror any portion of the Site, or otherwise incorporate any portion of the Sites into any product or service remove or modify any copyright or other intellectual property notices that appear in the Site or the Services;
  8. post, transmit or otherwise make available through or in connection with the Sites any materials that are or may be: (i) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (ii) defamatory, libelous, fraudulent or otherwise tortious; (iii) obscene, indecent, pornographic or otherwise objectionable; or (iv) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner;
  9. use the Site or the Services other than for their intended purpose;
  10. use the Site or the Services in any way that is unlawful;
  11. impersonate another person or misrepresent your affiliation with another person or entity;
  12. upload invalid data, viruses, worms, or other software agents to the Site or the Services;
  13. interfere with, or compromise the system integrity or security of the Site or the Services, or otherwise bypass any measures Trailblaze may use to prevent or restrict access to the Site or the Services;
  14. access or use any of the Site or the Services to develop competitive products or services; or
  15. attempt to, or permit or encourage any third party to, do any of the above.

Materials You Submit to Us.

The Site includes functionality to enable you to upload your résumé and/or other employment- related and career-related information, and may also enable you to submit comments and materials through interactive features such as message boards and other forums, and chatting, commenting and other messaging functionality (all such résumés, information, comments, and materials are “Submitted Materials”). For clarity, you retain ownership of your Submitted Materials. You hereby grant Trailblaze a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Sites or otherwise, such Feedback will be deemed Submitted Materials, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Trailblaze under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submitted Materials, and your provision thereof through and in connection with the Sites, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

Trailblaze may (but has no obligation to) screen, monitor, evaluate and remove any Submitted Materials at any time and for any reason, or analyze your access to and use of the Sites. We may disclose information regarding your access to and use of the Sites, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

Candidates.

  1. Registration. If you register as a Candidate on the Site, as part of the registration process, we may require you to provide us with certain information including, but not limited to, your resume, name, email address, phone number, work history, education, experience, pay/compensation expectations and geographic location (the “Candidate Information”).
  2. Authorization and Certification. You authorize Trailblaze, Employers, and their respective agents to make investigations and inquiries into your employment and educational history and other related matters as may be necessary in arriving at an employment decision. Trailblaze may use a third-party vendor to perform such investigations/inquiries. If a third-party vendor is used, you will be provided additional disclosures and authorization forms as required by applicable laws prior to a third party performing such investigations/inquiries. You release employers, schools, and other persons from all liability in responding to inquiries connected with your application and you specifically authorize the release of information by any schools, businesses, individuals, services or other entities listed by you in the Candidate Information. Furthermore, you authorize Trailblaze and its agents to release any reference information to Employers who request such information for purposes of evaluating your credentials, skills and experience and you acknowledge that Employers may reach out to you directly. You certify as to the accuracy of the Candidate Information and in any resume or other work history information. You understand that any misstatement of fact may cause you to be refused employment by Employers, to lose your employment once hired by Employers, or may result in removal of your account from the Site. You are responsible to keep Candidate Information accurate, complete, and up-to-date all the time.
  3. No Charge. There is no charge for Candidates to use the Site.
  4. Contacting You. You agree that by using the Sites as a Candidate, Trailblaze may contact you via the phone number (via text or call) provided to Trailblaze, including cell phone numbers. You also agree that by using the Sites, Trailblaze may provide you with job opportunity or general employment information by sending email to you at the email address provided to Trailblaze.
    1. Contact with Employers. After a Candidate creates an account and completes a profile on the Site, his/her Candidate Information may be viewed by Employers, who will have the opportunity to engage with Candidates with skills and experience that match the employer’s job requirements. A Candidate may receive notification from Trailblaze regarding an Employer’s interest in the Candidate and details about the job. A Candidate may, in his/her sole discretion, respond to any Employer that has contacted him or her via the Site, to accept or reject any interview requests. No request for any interview guarantees a final job or job offer, or a job offer at any particular level of compensation

Employers.

  1. Registration. If you register as an Employer on the Site, as part of the registration process, we may require you to provide us with certain information including, but not limited to, your, your company name, email address, phone number, job requirements, pay/compensation expectations and geographic location (the “Employer Information”).
  2. Authorization and Certification. You authorize Trailblaze and its agents to release any employment information to Candidates who request such information for purposes of evaluating your employment offers, and you acknowledge that Candidates may reach out to you directly. You certify as to the accuracy of the Employer Information. You are responsible to keep Employer Information accurate, complete, and up-to-date all the time.
  3. Limited Use of the Site. You agree to use the Site and the Service only to recruit individuals to become your employees or contractors. You may not use this Site or Service as a staffing agency to find employees or contractors for third parties. Your breach of this Section will be deemed a material breach of the Terms.
  4. Responsibility for Postings. Employer is responsible for (i) all postings and content they post through the Site, including but not limited to the job descriptions, trademarks, images, URLs and pixels that comprise the postings or content therefor (collectively, the “Postings”); and (ii) all content and property to which Postings may direct viewers, as well as redirects (“Destinations”).
  5. Restrictions. Job postings are designed to help Employers reach quality candidates for job opportunities. Employer agrees that it will not, and will not enable or authorize any third party, by virtue of the Postings, Destinations, or use of the Site or Services, to:
    1. create Postings without a reasonable and legitimate intent to hire for a bona fide job opportunity or the specific position listed;
    2. create Postings that intentionally misrepresent the job, hiring company, or poster;
    3. fail to clearly disclose in any Posting that a position is for an independent contractor or is part-time, piecework, commission-based, or has otherwise nontraditional working conditions or compensation may constitute intentional misrepresentation;
    4. create Postings for “business opportunities” that require payments or recruitment of others or that resemble franchises, multi-level marketing, club memberships, distributorships, or are entirely or almost entirely commission-based;
    5. provide identifiable candidate resume or application data to any other parties;
    6. “Spam” or otherwise contact applicants for purposes other than related to the specific

employment opportunity described in the posting;

  1. harass, stalk, or contact any applicant after they have asked not to be contacted;
  2. create Postings without possessing valid Federal or State Employer Identification Numbers, if applicable, or in a manner that would not allow compliance with applicable tax and employment laws;
  3. create Postings for jobs that require applicants to pay for employment or otherwise bear costs related to employment in violation of applicable law;
  4. solicit employees by intentional misrepresentation; or
  5. engage in solicitations, communications or transactions that violate any applicable laws or regulations related to the prohibition of employment discrimination, or that violate applicable laws governing legal eligibility to work.

Payments.

If you purchase any Service which requires a payment to Trailblaze (each such payment, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your bank information routing number, bank account number, bank account type, credit card number, card verification number, the expiration date of your credit card, your billing address, billing phone number, and email. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY BANK ACCOUNT INFORMATION OR CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. You agree to honor your payment obligations and you further agree to allow Trailblaze to store your payment information. You understand that there may be fees and taxes that are added to our prices.

Linked Websites; Dealings with Third Parties; Reliance on Information Posted.

The Site may contain links to third-party products, services and websites, such as social media websites or websites of companies which may offer employment opportunities, or other services related to or complementary to the Services. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites, or any resources or links displayed on such sites. Regardless of whether the Trailblaze name or logo appears in connection therewith, Trailblaze does not endorse, recommend, or make any representations or warranties of any kind regarding any third parties or third-party products, services, providers, promotions or vendors you connect with or learn about through the Site or the Services or that are listed on or linked to from the Site or the Services (collectively the “Third-Party Products and Services”).

Your business dealings or interactions with such third parties, and any terms, conditions, warranties or representations associated with such dealings or regarding any Third-Party Products and Services, are solely between you and such third party. Trailblaze is not responsible or liable in any manner for any Third-Party Products and Services, for any loss or damage of any sort incurred as the result thereof, or for your dealings or interactions with any third parties. Nor is Trailblaze responsible or liable for any viruses or other damage you might incur when using or linking to Third Party Products and Services. Trailblaze makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party web sites, mobile sites or applications accessible through the Site or the Services, or linking to the Site or the Services. When you click on a third-party link, you leave the Services, and you should be aware that these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site or app to which you navigate from this Site.

No Warranty; Disclaimer.

  1. THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TRAILBLAZE DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND INFORMATION AVAILABLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. TRAILBLAZE DOES NOT WARRANT THAT THE ACCESS TO SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
  2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR ANY MATERIALS AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING THE COMPUTER SYSTEM OR MOBILE DEVICE YOU USE TO ACCESS THE SITE), OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE.
  3. Further, without limiting the foregoing, Trailblaze (a) does not guarantee that you will receive any employment or job offers through the Sites; (b) will not be responsible for any employment offers or listings, employment screenings, employment decisions, or actual employment presented by third parties; and (c) is neither your employer nor your agent based solely on your usage of the Sites. You must use your own judgment in evaluating any prospective employers and any Third Party Materials.

Limitations of Liability.

IN NO EVENT WILL TRAILBLAZE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR

ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF TRAILBLAZE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. THE AGGREGATE LIABILITY OF TRAILBLAZE TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF (OR ANY INABILITY TO USE) THE SITE, OR OTHERWISE ARISING

UNDER THESE TERMS, SHALL UNDER NO CIRCUMSTANCES EXCEED $50.00 USD. Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.

Changes.

  1. Modification or Termination of the Site and the Services. The Site and the Services are subject to change at any time. Trailblaze reserves the right, at its sole discretion, to terminate, suspend, make changes to or modify the Site or the Services, and any features and functionality, without notice. If you are at any time dissatisfied with the Site or the Services, then your sole remedy is to discontinue use of the Site and the Services. We will have no liability whatsoever on account of any change to the Site or the Services, or any termination of your access to or use of the Site or the Services.
  2. Changes to these Terms. To the full extent permitted by applicable law, Trailblaze reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy or guideline applicable to the Services, at any time and in its sole discretion by providing notice in accordance with this paragraph that the Terms have been modified. Such notice may be provided by sending an email, by posting a notice on the Site, by posting the revised Terms and revising the date at the top of these Terms or by such other form of notice as determined by Trailblaze. Your continued use of the Services following the posting of the revised Terms or other notice of such changes will constitute your acceptance of such changes or modifications. Otherwise, any changes or modification will be effective within thirty (30) days of the posting of the revisions on the Services unless you notify Trailblaze within such thirty (30) day period that you do not agree to the changes and you stop using the Services. Therefore, you should review these Terms frequently to make sure that you understand the terms and conditions that will apply to your use of the Services. Despite the preceding sentences of this Section, no revisions to these Terms will apply to any dispute between you and Trailblaze that arose prior to the date of such revision.

Indemnification.

You agree to indemnify, defend, and hold harmless Trailblaze and its affiliates, directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Site or the Services; (b) your breach of these Terms; and (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party. Trailblaze reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with Trailblaze’s defense of that claim.

Termination.

Trailblaze may terminate or suspend your access to the Sites at any time, with or without cause or notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension,

(a) your right to access and use the Sites will immediately cease;

(b) Trailblaze may immediately deactivate or delete your user name, password and account; (c) Trailblaze will be under no obligation to maintain or provide you with access to any materials associated with your account (including Submitted Materials), and may retain or delete such materials in Trailblaze’s sole discretion; and (d) except for the license granted to you to access and use the Sites, the remaining provisions of these Terms will survive and continue in effect.

Contact Information.

You can contact Trailblaze by email (the preferred method) at <[email protected]> by mail at

405 El Camino Real #537, Menlo Park, California 94025,

or by phone at (650) 550-1210.

Notice to California Residents.

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department

of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding the use of the Service. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.

Governing Law; Venue.

In the unlikely event we end up in a legal dispute, you and Trailblaze agree to resolve it solely in the courts of San Mateo County, California using California law.

General.

These Terms do not, and will not be construed to, create any partnership, joint venture, employer- employee, agency or franchisor-franchisee relationship between you and Trailblaze. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. These Terms, including any terms and conditions incorporated herein, constitute the entire agreement between you and Trailblaze relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Trailblaze relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Sites or by e-mail (including in each case via links), or by regular mail. Trailblaze will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.