Community Terms of Use

UPDATED MAY 29, 2024

BUILT IN, INC., A DELAWARE CORPORATION AND ITS SUBSIDIARIES AND AFFILIATES (“BUILT IN,” “WE,” OR “US”), REQUIRE THAT ALL VISITORS TO AND USERS OF THE WEBSITES CONTROLLED BY BUILT IN (THE “SITE”) ADHERE TO THE FOLLOWING TERMS AND CONDITIONS OF USE. THESE TERMS OF USE (THE “TERMS”) GOVERN YOUR ACCESS TO AND USE OF THE SITE. PLEASE READ THESE TERMS CAREFULLY, AND CONTACT US IF YOU HAVE ANY QUESTIONS. 

BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY.

PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISION IN SECTION 7 BELOW. THESE GOVERN THE MANNER IN WHICH CLAIMS WILL BE ADDRESSED BETWEEN YOU AND BUILT IN (each a “Party” and collectively, the “Parties”) THESE PROVISIONS INCLUDE A MANDATORY PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION PROCESS, AN ARBITRATION AGREEMENT, SMALL CLAIMS COURT ELECTION, CLASS ACTION WAIVER, ADDITIONAL PROCEDURES FOR MASS ARBITRATION FILINGS, AND JURY AND CLASS ACTION WAIVERS THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS TYPICALLY LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.  

1. GENERAL SERVICE TERMS

1.1 Built In operates a Site and platform that facilitates recruiting and brand discovery in the technology and startup communities (the “Services”). Individual users of the Services, who may be searching for jobs or simply checking out the latest in startup news, are called “Community Members”. Community Members who submit original articles for publication on the Site are referred to as “Community Contributors”. If you are interested in becoming a Community Contributor, email [email protected]. Our “Community Employers” are the non-paid employers, who have the ability to create company profiles and post job listings (Community Members, Community Contributors and Community Employers may be referred to as “Community Users,” “you” or “your”). If you pay for any Built In Services, the Business Terms of Use located at builtin.com/terms-use shall apply. 

1.2 We may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you. Your use of the Services constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time.

1.3 Privacy Policy. Information that you provide to us or that we collect about Community Users and Community Members through your access to and use of the Services is subject to Built In’s Privacy Policy, located at https://builtin.com/privacy-policy. For example, when you register for a Built In event, we may send you additional communications about upcoming Built In events and activities. We encourage you to read and become familiar with our Privacy Policy. Please note that certain content on the Site may be sponsored or may qualify as an advertisement or promoted post. 

2. CONTENT & INTELLECTUAL PROPERTY

2.1 In order for Built In to provide the Services, Community Members may be required to provide content to us, which includes comments, photographs, images, visual content, or other information and data you upload to your profile. In addition to profile information, Community Employers may submit content on their company page, including articles about such company and job listings. Community Contributors may choose to submit original articles for publication on our Site, which we refer to as “User Articles”. All of this user-generated content that a Community User uploads to the Site is referred to as “Content”.

2.2 By providing Content, you grant, and you represent and warrant that you have the right to grant, to Built In an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose, of or in connection with Built In providing the Services or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent that you are authorized to disclose all of the Content to Built In to provide the Services. You are fully responsible for any Content you provide and for ensuring the Content is complete, compliant with applicable laws, and appropriate for public consumption on the Site. Built In is under no obligation to publish any Content and it may remove or modify Content as provided in this Section 2 or as specified in any other agreement between you and Built In.

2.3 You may remove Content you upload directly to the Built In website. In the event you are unable to remove your Content, you may request removal of such Content by contacting [email protected]. Please allow for a few days to process your request.

2.4 All Content is user-generated content.  If you own or believe that you own copyrights or intellectual property rights in any of the Content, including the articles submitted by Community Contributors, on the Site, please follow the notification process in Built In’s Copyright Policy located at https://builtin.com/copyright-policy. Built In will respond appropriately to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe any content violates these Community Terms or any applicable law in your jurisdiction, you may notify us by contacting [email protected].

2.5 We understand and agree that you own your trademarks, trade names, logos and service marks (the “Community User Marks”) and Content, and we have lawfully licensed from you, all right, title, and interest in and to the Community User Marks and Content, and other than the license set forth in Section 2.2 and this Section 2.3, that we acquire no interest in such intellectual property rights due to our limited use of such Content and Community User Marks in connection with providing our Services to you.

2.6 Built In grants you a limited, non-exclusive and non-transferable license to use the Services. You understand and agree that we own the Built In trademarks, logos and service marks (“Built In Marks”). You acknowledge and agree that the Built In Marks constitute valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by the limited use of the Built In Marks. Except for the limited permission in Section 4.4, you may not, without our express written permission, use any of the Built In Marks for any other purpose. 

2.7 As part of our Services, Built In publishes community content which reports news and stories relating to companies and people in the technology and startup communities (“Community Content”). You acknowledge that Built In has the right to use your name and logo on the Site in Community Content and in other editorial content pursuant to the copyright “fair use” and other related doctrines.

2.8 You grant to Built In the right to use the Community User Marks to make announcements, statements, or other publicity or marketing materials relating to Built In.

2.9 For the avoidance of doubt, Built In reserves the right to modify or remove content on the Site at any time at Built In’s sole discretion. However, Built In is under no obligation to actively monitor content for accuracy or currentness. Further, Built In reserves the right to collect and process information regarding usage of the Site for the purpose of improving the Site and the Services.

3. YOUR CONDUCT 

In connection with your access and use of the Services and that of any person authorized by you to access and use the Services, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. You represent and warrant that any content you upload will be factual and accurate to the best of your knowledge. Specifically, in connection with your use of the Services, you may not cause or permit any person to do any of the following:

(a) use the Site or Services for any unlawful purpose;

(b) use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;

(c) impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site;

(d) use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind;

(e) use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; 

(f) access, use or copy any portion of the Site or Services through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms; and

(g) use the Site to post or transmit any solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.

4. DISCLAIMERS

4.1 Built In makes no guarantees as to the level of success you may achieve by using the Services. Built In further makes no guarantee that your profile and postings will be accessible for the entire term of its listing due to computer/server outages, software failure and other technical and non-technical issues that may cause temporary outages.  

4.2 Built In may use automated processes, including machine learning and artificial intelligence tools, that attempt to match potential applicants with job listings. While these tools may recommend potential matches, they do not prohibit applicants from viewing any specific job listings. Recommended positions are not a guarantee of fit or employment. They are simply designed to facilitate the application process. For the avoidance of doubt, Built In does not control the hiring process for any jobs posted by third party employers. 

4.3 Built In permits employers to post job listings on the Site. You acknowledge that Built In does not control the content, requirements, criteria, payment, or conditions that employers may place on such positions or on the application process. Any such factors are under the sole control, and are the sole responsibility of, the given employer. Built In is not responsible for the contents of any such postings, including any inaccuracies contained therein.  Built In is under no obligation to monitor these posted positions for accuracy or currentness. 

4.4 Built In takes commercially reasonable measures to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of the Services. Built In will not be liable for any loss or damage arising from the unauthorized use of your username or password.

4.5 This Site may include hyperlinks to other websites which are not maintained by Built In. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by Built In of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Services. If you decide to access any external website through a link within our Site, you do so entirely at your own risk, and Built In will have no liability for any loss or damage arising from your access or use of any external website. Since Built In is not responsible for the availability of these websites, or their contents, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Site are not intended to imply that: (a) we are affiliated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights. 

4.6 Images of the Built In logo can only be used for linking purposes. By linking to the Site, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Site may be used in a manner that implies or suggests that Built In approves or endorses you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. 

4.7 THE USE OF THE SERVICES BY YOU IS AT YOUR SOLE RISK. ACCORDINGLY, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUILT IN AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (A) THE USE OF THE SERVICES OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT THE USE OF THE SERVICES OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (C) THE SERVICES OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (D) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (E) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. FOR THE AVOIDANCE OF DOUBT, NOTHING HEREIN SHALL ENTITLE YOU TO ANY REBATE OR RETRIBUTION FOR SERVICES THAT YOU DETERMINE TO BE UNSUCCESSFUL.

5. LIMITATION OF LIABILITY

5.1 In no event will Built In, its contractors, suppliers, content-providers, and other similar entities, and the officers, directors, managers, members, employees, representatives, and agents of each of the foregoing (collectively, our “Contractors”), be liable to you or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Services in a way not contemplated by these Terms; (b) the defamatory, offensive, or illegal conduct of other users of the Services; or (c) your gross negligence or willful misconduct.

5.2 Under no circumstances will Built In or our Contractors be liable to you or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these Terms or the use of the Services, or the transmission of information to or from the Site over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of Built In and the Contractors will be limited in accordance with these Terms to the extent permitted by law.

5.3 Without limiting any of the foregoing, if Built In or any of the Contractors are found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Site, or your use of the Site, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.

6. INDEMNIFICATION

You agree to defend and indemnify Built In, and our officers, directors, managers, members, employees, representatives, and agents, against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), made by any third party arising out of: (a) the Content; (b) your violation of these Terms; (c) your violation of laws; (d) your violation of any rights of any third party; and (e) any unauthorized use of a username, password, or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.

7. DISPUTE RESOLUTION

Except where prohibited by applicable law, this section addresses how any legal dispute between you and Built In will proceed in the unlikely event that such an event should occur.

7.1 INFORMAL DISPUTE RESOLUTION PROCESS

If you are you are dissatisfied with our Services for any reason, please contact us by email at customer[email protected] so that we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a dispute, claim or controversy against Built In, these Terms will apply. For purposes of this dispute resolution process, Built In shall include our affiliates, employees, licensors, and service providers. 

Before formally pursuing a Dispute (as defined below) in arbitration or small claims court, you agree to first send a detailed notice ("Notice") to Built In, Inc., by email at [email protected] or by mail at 222 Merchandise Mart Plaza Suite 2010, Chicago, Illinois 60654. Should Built In have a Dispute with you, Built In agrees to first send a Notice to you at your most recent email address on file with us, or if no email address is on file, using other contact information associated with your account. Any such Notice you provide must contain all of the following information: (1) your full name; (2) additional information that enables Built In to identify you, including your address, mobile phone number, and email address; and (3) a detailed description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any). Built In’s Notice must likewise set forth a detailed description of its Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any). 

You and Built In agree to then negotiate in good faith in an effort to resolve the Dispute. As part of these good faith negotiations, if Built In requests a telephone conference with you to discuss your Dispute, you agree to personally participate, with your attorney if you are represented by counsel. Likewise, if you request a telephone conference to discuss Built In’s Dispute with you, Built In agrees to have one representative participate. This informal process should lead to a resolution of the Dispute. However, if the Dispute is not resolved within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, you or Built In may initiate an arbitration (subject to a Party’s right to elect small claims court as provided below).

Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action. Failure to do so is a breach of this agreement. The statute of limitations and any filing fee deadlines will be tolled while you and Built In engage in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider, the American Arbitration Association ("AAA"), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action. 

7.2 INDIVIDUAL RELIEF: CLASS ACTION AND JURY TRIAL WAIVER

TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND BUILT IN EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND BUILT IN EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST YOU OR BUILT IN. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE EXHAUSTED OR THE DECISION IS OTHERWISE FINAL, THEN YOU AND BUILT IN AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.

7.3 DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT

Any dispute, claim, or controversy between you and Built In that is not resolved informally by Built In Customer Service or through the informal dispute resolution process that arises from or relates in any way to this agreement (including any alleged breach of this agreement), the Services, or our relationship with you (collectively, “Dispute”), shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except as specifically provided otherwise in this Dispute Resolution Section 7. “Dispute” as used in this agreement shall have the broadest possible meaning and include claims that arose before the existence of this or any prior agreement and claims that arise during the term of this agreement or after the termination of this agreement. Notwithstanding the foregoing, either you or Built In may elect to have an individual claim heard in small claims court. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed. Any controversy over the small claims court’s jurisdiction shall be determined by the small claims court. All other issues (except as otherwise provided herein) are exclusively for the Arbitrator to decide, including but not limited to scope and enforceability of this Dispute Resolution Section 7, as well as any request to proceed in small claims court that is made after an arbitrator has been appointed. If you or Built In challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from this agreement as to your Dispute. However, such court determination shall not be considered or deemed binding with respect to Built In’s other contracting parties.

Any court proceeding to enforce this Dispute Resolution Section, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced in accordance with the Jurisdiction section of these Terms. In the event this Dispute Resolution Section is for any reason held to be unenforceable, any litigation against Built In (except for small claims court actions) may be commenced only in the federal or state courts located in Delaware. You hereby irrevocably consent to those courts’ exercise of personal jurisdiction over you for such purposes and waive any claim that such courts constitute an inconvenient forum. 

7.4 INDIVIDUAL AND MASS ARBITRATION PROTOCOL

This subsection applies to Disputes that are submitted to AAA after fully completing the informal Notice and Dispute resolution process described above and when no small claims court election is made by either Party. Any arbitration between you and Built In shall be administered by AAA in accordance with the operative AAA Arbitration Rules (the "AAA Rules") in effect at the time any demand for arbitration is filed with AAA, such as the Consumer Arbitration Rules or the Consumer Mass Arbitration Rules, as may be appropriate in the context of the dispute and as modified by this Dispute Resolution Section. For a copy of the AAA Rules, please visit https://www.adr.org/Rules or contact AAA [email protected]. If AAA is unable or unwilling to perform its duties under this agreement, the Parties shall mutually agree on an alternative administrator that will replace AAA and assume AAA’s role consistent with this agreement. If the Parties are unable to agree, they will petition a court of competent jurisdiction to appoint an administrator that will assume AAA’s duties under this agreement.

The Parties agree that the following procedures will apply to any Arbitrations initiated under this Dispute Resolution Section:

1. Commencing an Arbitration - To initiate an arbitration, you or Built In shall send to AAA a demand for arbitration ("Demand for Arbitration") that describes the claim(s) and request for relief in detail, consistent with the requirements in this agreement and AAA Rules. If you send a Demand for Arbitration, you shall also send it to Built In at Built In, Inc., 222 Merchandise Mart Plaza Suite 2010, Chicago, Illinois 60654, within 10 days of delivery of the Demand for Arbitration to AAA. If Built In sends a Demand for Arbitration, we will also send it to your mailing address on file with us within the same 10-day period. If your mailing address is unavailable, we will send it to your email address on file, or if no email address is on file, other contact information associated with your account. The arbitration provider shall not accept or administer any demand for arbitration and shall administratively close any such demand for arbitration that fails to certify in writing that the Party meets the requirements of this Dispute Resolution Section or if either Party elects small claims court as set forth above.
2. Fees – The payment of all fees shall be governed by the AAA Rules, except to the extent that the case is a part of a Mass Filing (as defined below) or the AAA fees and costs (including Arbitrator fees) paid by either Party are reallocated upon order of the Arbitrator following a determination that (a) either Party breached Dispute Resolution section of this agreement, (b) such reallocation is called for under this agreement, or (c) reallocation is otherwise permitted under applicable law. Upon a showing to Built In of your financial hardship we will consider a good faith request made by you to pay your portion of the applicable consumer portion of the filing fee. Built In is committed to ensuring that arbitration costs to consumers do not serve as a barrier to the adjudication of disputes. If Built In initiates an arbitration against you, we shall pay all fees.
3. The Arbitrator – The arbitration shall be conducted by a single, neutral (the "Claim Arbitrator"), as assisted by any Process Arbitrator appointed under AAA Rules. (The term "Arbitrator" applies to both the Claim Arbitrator and the Process Arbitrator). If a hearing is elected by either Party, the Arbitrator shall be in or close to the location in which you reside. The Arbitrator is bound by and shall adhere to this agreement. In the event AAA Rules conflict with this agreement, the terms of this agreement shall control. If the Arbitrator determines that strict application of any term of this Dispute Resolution section of this agreement (except for the small claims election, which shall be determined by the small claims court) would result in a fundamentally unfair arbitration (the "Unfair Term"), then the Arbitrator shall have authority to modify the Unfair Term to the extent necessary to ensure a fundamentally fair arbitration that is consistent with the Terms of Use (the "Modified Term"). In determining the substance of a Modified Term, the Arbitrator shall select a term that comes closest to expressing the intention of the Unfair Term.
4. Dispositive Motions – The Parties agree that the Claim Arbitrator shall have the authority to consider dispositive motions without an oral evidentiary hearing. Dispositive motions may be requested under the following circumstances: (a) within 30 days after the Claim Arbitrator’s appointment, a Party may request to file a dispositive motion based upon the pleadings; and (b) no later than 30 days prior to the evidentiary hearing, a Party may request to file a dispositive motion for summary judgment based upon the Parties’ pleadings and the evidence submitted.
5. Discovery – Each Party may (a) serve up to five requests for relevant, non-privileged documents from the other Party; and (b) request that the other Party provide verified responses to no more than 5 relevant interrogatories (including subparts). Unless both Parties agree otherwise, no other forms of discovery (including depositions) may be utilized. Any such discovery requests must be served on the other Party within 21 days after the Claim Arbitrator’s appointment. The responding Party shall provide the requesting Party with all responsive, non-privileged documents, responses signed by the Party themselves to the requested interrogatories, and/or any objections to the requests within 30 days after receipt of the requests, or, in the event of an objection to any discovery request, 30 days after the Claim Arbitrator resolves the dispute. In the event either Party requests that the Claim Arbitrator consider a dispositive motion on the pleadings, such written discovery response deadlines shall be extended until 30 days following the Claim Arbitrator’s final decision on such dispositive motion. Any disputes about discovery or requests for extensions shall be submitted promptly to the Claim Arbitrator for resolution. In ruling on any discovery dispute or extension request, the Claim Arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
6. Confidentiality – Upon either Party’s request, the Arbitrator will issue an order requiring that confidential information of either Party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal.
7. Arbitration Hearing – You and Built In are entitled to a fair evidentiary hearing (i.e. trial) before the Claim Arbitrator. Arbitration proceedings are usually simpler, less costly, and more streamlined than trials and other judicial proceedings. The Parties agree to waive all oral hearings and instead submit all disputes to the Claim Arbitrator for an award based on written submissions and other evidence as the Parties may agree, unless a Party requests an oral hearing within 10 days after the Respondent files a response. If an oral evidentiary hearing is requested, both Parties must be personally present at the hearing, regardless of whether either Party has retained counsel. Both Parties must personally attend the hearing. Either Party’s failure to personally attend the hearing, without a continuance ordered by the Claim Arbitrator for good cause, will result in a default judgment taken against that Party.
8. Arbitration Award – Regardless of the format of the arbitration, the Claim Arbitrator shall provide a reasoned decision, in writing within 30 days after the hearing or, if no hearing is held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award. The arbitration award is binding only between you and Built In and will not have any preclusive effect in another arbitration or proceeding that involves a different Party. The Claim Arbitrator may, however, choose to consider rulings from other arbitrations involving a different Party. The Arbitrator may award fees and costs as provided by the AAA Rules or to the extent such fees and costs could be awarded in court. This includes but is not limited to the ability of the Arbitrator to award fees and costs if the Arbitrator determines that a claim or defense is frivolous or was brought for an improper purpose, for the purpose of harassment, or in bad faith.
9. Offer of Settlement – The Respondent may, but is not obligated to, make a written settlement offer to the opposing Party any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the Claim Arbitrator until after the Claim Arbitrator issues an award on the claim. If the award is issued in the opposing Party’s favor and is less than the Respondent’s settlement offer or if the award is in the Respondent’s favor, the opposing Party must pay the Respondent’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the flipping of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs that claimant may be entitled to for the cause of action under which it is suing.
10. Mass Filing – If, at any time, 25 or more similar demands for arbitration are asserted against Built In or related parties by the same or coordinated counsel or entities ("Mass Filing"), consistent with the definition and criteria of Mass Filings set forth in the AAA’s Mass Arbitration supplemental rules and procedures ("AAA’s Mass Filing Rules", available at https://www.adr.org/Rules), the additional protocols set forth below shall apply.
    1. If you or your counsel file a Demand for Arbitration that fits within the definition of Mass Filing referred to above, then you agree that your Demand for Arbitration shall be subject to the additional protocols set forth in this Mass Filing subsection. You also acknowledge that the adjudication of your Dispute might be delayed and that any applicable statute of limitations shall be tolled from the time at which the first cases are chosen to proceed until your case is chosen for a bellwether proceeding.
    2. AAA’s Mass Filing Rules shall apply if your Dispute is deemed by AAA, in its sole discretion pursuant to its Rules and this Dispute Resolution Section, to be part of a Mass Filing. Such election for AAA’s Mass Filing Rules and related fee schedule must be made by either you or Built In in writing and submitted to AAA’s and all Parties. 
    3. Bellwether Proceedings. Bellwether proceedings are encouraged by courts and arbitration administrators when there are multiple disputes involving similar claims against the same or related parties. Counsel for the Mass Filings claimants (including you) and counsel for Built In shall each select 15 Demands for Arbitration (30 total), and no more than 30 arbitrations shall be filed, processed, adjudicated, or pending at the same time, with each of the 30 individual arbitrations presided over by a different Claim Arbitrator, in a first set of bellwether proceedings. During this time, no other Demands for arbitration that are part of the Mass Filings may be filed, processed, adjudicated, or pending. If the Parties are unable to resolve the remaining Demands for Arbitration after the first set of bellwether proceedings are arbitrated or otherwise resolved, then counsel for the Claimants and counsel for Built In shall each select an additional 15 Demands for Arbitration (30 total) to be filed, processed, and adjudicated as individual arbitrations, with each of the 30 arbitrations presided over by a different Claim Arbitrator, in a second set of bellwether proceedings. During this time, no other Demands for Arbitration that are part of the Mass Filings may be filed, processed, or adjudicated. This staged process of bellwether proceedings, with each set including 30 Demands for Arbitration adjudicated on an individual basis, shall continue until each Demand included in the Mass Filings (including your Demand for Arbitration) is adjudicated or otherwise resolved. Fees associated with a Demand for Arbitration included in the Mass Filings, including fees owed by Built In and the claimants (including you), shall only be due after your Demand for Arbitration is chosen as part of a set of bellwether proceedings and therefore properly designated for filing, processing, and adjudication. Any applicable statute of limitations shall be tolled beginning when you initiate the informal dispute resolution process set forth in subsection 7.1, and if the first Mass Filings’ Demands for Arbitration are chosen for the initial set of bellwether proceedings have been filed, your claims will remain tolled until your Demand for Arbitration is decided, withdrawn, or is settled. A court of competent jurisdiction located in a venue allowed under Section 8 of the agreement shall have the power to enforce this subsection.
    4. You and Built In agree that we each value the integrity and efficiency of the arbitration and small claims court process and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and Built In acknowledge and agree to act in good faith to ensure the fair resolution of genuine and sincere Disputes. The Parties further agree that application of these Mass Filings procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.

7.5 FUTURE CHANGES AND RETROACTIVE APPLICATION

This Dispute Resolution Section 7 applies to all Disputes between the Parties, including for any claims that accrued against you or Built In prior to the time of your consent to this agreement and to any claims that accrue against you or Built In after your consent to this agreement. Notwithstanding any provision in this agreement to the contrary, you may elect to opt out of the retroactive application of this Dispute Resolution Section 7 as to claims that have accrued against you or against Built In prior to the time of your consent to this agreement in accordance with the opt-out instructions below. 

7.6 ARBITRATION OPT-OUT PROCEDURE

You may opt-out of this Dispute Resolution Section 7 by sending us written notice, within 30 days of the time you consent to this agreement, to the following email address: [email protected]. Please do not direct any customer support inquiries to this address, as they will not be addressed; such inquiries should be directed to customer[email protected]. You must include in your written opt out information sufficient to identify yourself, including your full name, address, email address and phone number, and should include a statement that you are opting out of the application of this Dispute Resolution Section 7. Please note: if you opt out of the application of this Dispute Resolution Section 7, you will still be subject to and bound by any Dispute Resolution Sections and Arbitration Procedures you may have previously agreed to, including any arbitration provisions, class action waivers, and retroactive application sections. 

8. JURISDICTION

To the fullest extent allowable by law, these Terms, and any dispute arising out of or in connection with these Terms or related in any way to the Services, including but not limited to the validity, construction, and performance of these Terms, will be construed and enforced in accordance with the laws of the State of Delaware. You submit to personal jurisdiction in Delaware, and any cause of action arising under these Terms or otherwise involving the Services will be brought exclusively in a court in Delaware.

9. WAIVER OF JURY TRIAL

TO THE EXTENT THAT YOU OPT OUT FROM, OR ARE OTHERWISE NOT SUBJECT TO SECTION 7, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.

10. CLASS ACTION WAIVER

TO THE EXTENT THAT YOU OPT OUT FROM, OR ARE OTHERWISE NOT SUBJECT TO SECTION 7, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT AS PART OF YOUR CONSIDERATION FOR USING THE BUILT IN SERVICES, YOU AGREE NOT TO SUE BUILT IN AS A CLASS PLAINTIFF OR CLASS REPRESENTATIVE, JOIN AS A CLASS MEMBER, OR PARTICIPATE AS AN ADVERSE PARTY IN ANY WAY IN A CLASS ACTION LAWSUIT AGAINST BUILT IN REGARDING YOUR USE OF THE SITE. 

11. MISCELLANEOUS

11.1 These Terms and the Privacy Policy (as each may be revised and amended from time to time) collectively constitute the entire agreement with respect to your access to and use of the Services.

11.2 Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

11.3 Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to the Services.

11.4 These Terms do not and are not intended to confer any rights or remedies on any person or entity other than the Parties.

11.5 We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent. 

11.6 Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

11.7 If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms will remain in effect. If such modification is not permitted under law, that provision will be struck and will not affect the validity and enforceability of any remaining provisions. However, any clauses so struck shall serve as evidence of the intent of the Parties in entering into this agreement and this intent shall inform the interpretation of the remaining portions of this agreement.

11.8 Built In is based in the United States. As such, any information made available to Built In may be transferred to and processed in jurisdictions including the United States. 

11.9 Possible evidence of use of the Services for illegal purposes will be provided to law enforcement authorities. Built In reserves the right to terminate or suspend any account that violates these Terms or any applicable law.