Terms of Service

These Terms of Service ("Terms" or "Agreement") govern your access to and use of the Point 33 website, forms, talent portal, marketplace, referral programs, and all related recruiting and placement services (collectively, "Services"). Please read these Terms carefully before using the Services.

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, do not access or use the Services.

1. Acceptance of Terms

• You must be at least 18 years of age to use the Services.
• By accessing or using the Services, you represent and warrant that you are at least 18 years old and have full legal capacity to enter into this Agreement.
• If you are using the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms, and references to "you" shall include both you individually and that entity.
• Your continued use of the Services constitutes ongoing acceptance of any updates to these Terms.

2. Description of Services

Point 33 provides professional recruiting and talent placement services, including but not limited to:

• Candidate sourcing, screening, and assessment
• Client hiring support and consultation
• Resume collection and evaluation
• Referral portal programs and talent marketplace access
• Private Talent Club membership (candidate opt-in)
• Background checks and reference verifications (with separate FCRA authorization)
• Interview coordination, scheduling, and offer negotiation support
• Communication tools and forms

3. User Responsibilities

All Users

By using the Services, you agree to:

• Provide accurate, truthful, complete, and current information in all forms and communications, and promptly update your information when it changes.
• Comply with all applicable federal, state, and local laws, regulations, and these Terms.
• Not misuse the Services or attempt to gain unauthorized access to our systems, servers, networks, or data.
• Not submit unlawful, fraudulent, defamatory, harassing, or otherwise harmful material.
• Not infringe on the intellectual property, privacy, or other rights of any person or entity.
• Not use the Services to send spam, unsolicited commercial communications, or bulk messages.
• Treat other users, candidates, clients, and Point 33 staff with respect and professionalism.

Additional Client Responsibilities

Clients using Point 33 to fill positions must additionally:

• Provide accurate, complete, and lawful job descriptions, compensation ranges, and hiring criteria.
• Comply with all applicable employment laws, including federal and state anti-discrimination laws (Title VII, ADEA, ADA, and equivalents).
• Not request or suggest candidate screening based on any protected characteristic, including age, race, sex, national origin, religion, disability, pregnancy, or any other protected class. Point 33 will refuse and may terminate service for discriminatory job orders.
• Not request salary history from candidates where prohibited by applicable state or local law.
• Respond in good faith to candidate submissions and honor commitments made to candidates and Point 33.
• Pay any placement fees or commissions as specified in the applicable service agreement.

Consequences of Violations

Violation of these responsibilities may result in immediate suspension or termination of access, removal from our platforms, and potential legal action. We reserve the right to investigate violations and cooperate with law enforcement authorities where appropriate.

4. TCPA Consent & Communications

By providing your phone number and checking the applicable consent box, you expressly consent to receive communications from Point 33 related to our recruiting services. Specifically:

Text Message (SMS) Consent

By opting in to SMS communications, you expressly consent in writing to receive text messages (SMS) from Point 33 at the mobile number you provide, including messages sent using automated technology. You understand and agree that:

• Consent to receive text messages is not a condition of using our Services or receiving job placement assistance.
• Message and data rates may apply.
• Message frequency varies based on activity and opportunities.
• You may opt out of text messages at any time by replying STOP to any message. You may request help by replying HELP.
• Opting out of texts does not affect your use of other Services.

Email Consent

By using our Services, you consent to receive emails from Point 33 related to recruiting opportunities, scheduling, and service-related communications. Marketing emails will include an unsubscribe option. You may opt out of marketing emails at any time without affecting service-related communications.

Phone Call Consent

By providing your phone number, you consent to receive calls from Point 33 representatives regarding recruiting opportunities and services. We do not use pre-recorded auto-dialed calls without separate express written consent.

5. Consent to Share Candidate Information

By submitting candidate information through our Services, you authorize Point 33 to:

• Evaluate your qualifications and suitability for open roles.
• Share your profile, resume, and relevant information with employers and hiring companies that have active, legitimate job openings for which you may be a fit.
• Share your information with recruiting affiliates, subcontractors, and partners solely for the purpose of filling relevant roles. Such parties are contractually required to protect your information.
• Include your profile in the Referral Portal, Talent Marketplace, or Private Talent Club only upon your separate, affirmative opt-in consent for each program.
• Contact you about relevant opportunities via your chosen communication method(s), subject to your consent preferences in Section 4.
• Store and process your information as described in our Privacy Policy.

Withdrawal of Consent: You may withdraw consent at any time by contacting us at legal@point33.com. Withdrawal will not affect the lawfulness of processing that occurred before withdrawal. Withdrawal may limit our ability to provide certain services. We will process withdrawal requests within 30 days.

We do not sell personal data to third parties for their marketing purposes.

6. Background Checks

If Point 33 or a client employer requests a background check in connection with your candidacy, you will be provided with a separate, standalone FCRA Disclosure and Authorization form before any background check is initiated. Your authorization is required and will be obtained separately from these Terms.

Background checks are governed by the Fair Credit Reporting Act (FCRA). If information in a background check report is used to make an adverse hiring decision, you will receive the required pre-adverse action and adverse action notices as required by the FCRA, including your right to dispute inaccurate information with the consumer reporting agency.

7. Intellectual Property

Point 33 Intellectual Property

All content on the Point 33 website and platforms, including logos, text, images, graphics, software, designs, branding, trademarks, and service marks, is the property of Point 33 or its licensors and is protected by applicable intellectual property laws. You may not copy, distribute, modify, create derivative works from, publicly display, or transmit any Point 33 content without prior written permission.

Limited License to User Content

By submitting content through our Services (including resumes, cover letters, profiles, and communications), you grant Point 33 a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, and distribute your content solely for the purpose of providing recruiting and placement services to you.

This license is limited in duration to the period during which we hold your data in accordance with our Privacy Policy. Upon your request for deletion or withdrawal of consent, we will cease using your content for new purposes, subject to any legal retention obligations.

You represent and warrant that you own or have sufficient rights to grant this license, and that your content does not infringe any third-party rights.

8. Talent Marketplace, Referral Portal & Private Talent Club

Participation in the following optional programs requires separate, affirmative opt-in consent. Consent can be withdrawn at any time.

Referral Portal

• We may share candidate profiles (anonymized or identified, per your preference) with referral partners to generate job matches.
• Referral partners are contractually bound to protect your information and use it solely for recruiting purposes.
• You may receive communications from referral partners about specific opportunities. You may opt out at any time.

Talent Marketplace

• Your profile may be viewable to approved employers and hiring partners (publicly or semi-privately, per your preferences).
• Employers may contact you directly through the marketplace platform.
• You may withdraw at any time. Withdrawal will be processed within 30 days.

Private Talent Club

• This exclusive opt-in program makes curated candidate profiles visible to select hiring partners who have purchased access.
• Separate, explicit written consent is required for participation.
• Profiles may include additional details you voluntarily provide.
• You may withdraw at any time, subject to processing timeframes.

For all three programs: sharing your profile may result in contact from employers. You can manage preferences and opt-out at any time through your account settings or by contacting us.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Point 33 does not guarantee, warrant, or represent that:

• Any candidate will be hired or placed in a position, or that any role will be filled.
• Any job opportunity will be available, legitimate, suitable, or accurately described.
• Employers will respond to submissions, conduct interviews, or honor representations about roles.
• The Services will be uninterrupted, error-free, or completely secure.
• Information provided by candidates or clients is accurate, complete, or truthful.

Recruiting inherently involves uncertainty. Hiring decisions are made solely by employers. We facilitate connections but cannot control outcomes.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POINT 33 SHALL NOT BE LIABLE FOR: (A) HIRING OR EMPLOYMENT DECISIONS MADE BY CLIENTS OR EMPLOYERS; (B) THE ACCURACY OR TRUTHFULNESS OF CANDIDATE OR CLIENT INFORMATION; (C) DELAYS, INTERRUPTIONS, OR FAILURES IN SERVICE; (D) LOSS OF DATA DUE TO SYSTEM FAILURES OR SECURITY INCIDENTS; (E) ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES; (F) LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, OR GOODWILL; (G) EMPLOYMENT-RELATED DISPUTES OR WORKPLACE ISSUES ARISING AFTER PLACEMENT; (H) ACTIONS OR OMISSIONS OF EMPLOYERS, CANDIDATES, OR THIRD PARTIES.

IN NO EVENT SHALL POINT 33'S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF: (I) THE TOTAL FEES PAID BY YOU TO POINT 33 IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (II) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow certain exclusions or limitations of liability, so some of the above may not apply to you. Nothing in these Terms limits Point 33's liability for fraud, gross negligence, or willful misconduct.

11. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Point 33, its affiliates, officers, directors, employees, agents, and licensors from and against claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your material violation of these Terms or applicable law.
• False, inaccurate, or materially misleading information you provide to Point 33 or third parties through our Services.
• Content you submit that infringes on third-party intellectual property or privacy rights.

This indemnification does not apply to claims arising from Point 33's own negligence, gross negligence, fraud, or willful misconduct. Point 33 will notify you promptly of any claim subject to indemnification and will not settle any such claim without your reasonable participation.

12. Dispute Resolution

Informal Resolution

Before initiating formal proceedings, you agree to contact us at legal@point33.com to attempt to resolve any dispute informally. We will work in good faith to resolve disputes within 30 days of receiving written notice.

Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (for individual consumers) or Commercial Arbitration Rules (for business entities), as applicable.

• Arbitration shall be conducted in the jurisdiction of Point 33's principal place of business, or by telephone or video conference where permitted.
• The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
• Point 33 will pay AAA filing fees for arbitration claims that would be filed in small claims court. For other claims, fees will be allocated per AAA rules.
• Judgment may be entered in any court with jurisdiction.

Exceptions to Arbitration

The following are not subject to arbitration and may be brought in court:

• Claims for emergency injunctive or equitable relief (including intellectual property claims).
• Small claims court actions within applicable jurisdictional limits.
• Actions to enforce an arbitration award.

13. Governing Law & Venue

These Terms are governed by the laws of the state where Point 33 maintains its principal place of business, without regard to conflict of law principles.

Any legal action not subject to arbitration shall be brought exclusively in the federal or state courts with jurisdiction over Point 33's principal place of business, and you consent to the personal jurisdiction of such courts.

14. Termination

Point 33 may suspend or terminate your access to the Services at our discretion, with or without notice, for:

• Violation of these Terms or applicable laws.
• Misuse, abuse, or fraudulent activity.
• Submission of false, misleading, or inaccurate information.
• Harassment, discrimination, or unprofessional conduct toward candidates, clients, or staff.
• Any conduct that poses a risk to Point 33, other users, or third parties.

Candidates may request deletion of their information at any time by contacting us. We will process such requests within 30 days, subject to legal and contractual obligations that may require retention of certain records.

Upon termination, your right to use the Services immediately ceases. Sections that by their nature survive termination (including intellectual property rights, indemnification, limitation of liability, and dispute resolution) will survive.

15. General Provisions

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions will continue in full force.

Entire Agreement: These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Point 33 regarding the Services and supersede all prior agreements, understandings, and communications on this subject.

Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that or any other provision. Any waiver must be in writing and signed by an authorized representative of Point 33.

Assignment: You may not assign or transfer these Terms or your rights without our prior written consent. Point 33 may assign these Terms without notice in connection with a merger, acquisition, reorganization, or sale of assets.

Updates to Terms: We may modify these Terms at any time. For material changes, we will provide at least 14 days' notice via our website or email before changes take effect. The "Effective Date" at the top reflects the most recent revision. Your continued use of the Services after the effective date of changes constitutes acceptance. If you do not agree to updated Terms, you must stop using the Services before the effective date.

Force Majeure: Point 33 shall not be liable for delays or failures in performance caused by circumstances beyond our reasonable control, including natural disasters, acts of government, power failures, or internet disruptions.

16. Contact Information

For questions regarding these Terms of Service, please contact us:

We will respond to legal inquiries within 30 days or as required by applicable law.