TERMS OF SERVICE - Pennpoint Search

PENNPOINT SEARCH, INC.

Effective Date: May 16, 2026 | Last Updated: May 16, 2026

Please read these Terms of Service (“Terms”) carefully before using any services offered by PennPoint Search, Inc. (“PennPoint,” “we,” “our,” or “us”). By accessing or using our website, platform, or any related services (collectively, the “Services”), you agree to be bound by these Terms. If you do not agree, do not use the Services.

These Terms apply to all visitors, job seekers, and employers who access or use the Services in any capacity.

1. About PennPoint Search

PennPoint Search, Inc. is a professional recruiting and talent acquisition agency. Our Services connect qualified job seekers (“Candidates”) with employers and hiring organizations (“Employers”) seeking to fill open positions. PennPoint facilitates introductions and recruitment processes but does not guarantee employment or the hiring of any particular Candidate.

2. Eligibility

You must be at least 18 years of age and legally authorized to work or conduct business in the jurisdiction in which you operate to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements.

If you are accessing the Services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

3. User Accounts

3.1 Account Registration

To access certain features of the Services, you may be required to create an account. You agree to provide accurate, complete, and current information and to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

3.2 Account Security

You agree to notify PennPoint immediately at privacy@pennpointsearch.com if you suspect any unauthorized access to or use of your account. PennPoint is not liable for any loss or damage arising from your failure to maintain account security.

3.3 Account Termination

PennPoint reserves the right to suspend or terminate any account at its sole discretion, with or without notice, for conduct that violates these Terms or is otherwise harmful to other users, PennPoint, or third parties.

4. Candidate Terms

4.1 Resume and Profile Submissions

As a Candidate, you may submit your resume, CV, portfolio, or other professional materials (“Candidate Materials”) through the Services. By submitting Candidate Materials, you:

Represent that all information provided is accurate, truthful, and not misleading;
Grant PennPoint a non-exclusive, worldwide, royalty-free license to use, store, reproduce, and share your Candidate Materials with Employers for the purpose of evaluating your candidacy for employment opportunities;
Acknowledge that PennPoint may retain your Candidate Materials for up to three (3) years following submission, or as otherwise required by applicable law;
Understand that submission of Candidate Materials does not guarantee consideration, an interview, or placement in any position.

4.2 Accuracy of Information

You are solely responsible for the accuracy and completeness of your Candidate Materials. Misrepresentation of qualifications, credentials, employment history, or any other material information may result in immediate removal from the Services and may be reported to relevant authorities or prospective employers.

4.3 Candidate Conduct

Candidates agree not to:

Submit false, fraudulent, or plagiarized materials;
Impersonate another individual or misrepresent your identity;
Use the Services to solicit other Candidates or Employers for competing services;
Engage in any unlawful or disruptive conduct through the Services.

5. Employer Terms

5.1 Job Posting Submissions

As an Employer, you may post open positions, job descriptions, and related materials (“Job Postings”) through the Services. By submitting a Job Posting, you:

Represent that the position described is a bona fide, current opening at your organization;
Agree that Job Postings will be accurate, non-discriminatory, and compliant with all applicable federal, state, and local employment laws, including but not limited to the Equal Employment Opportunity Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act;
Grant PennPoint the right to display, distribute, and promote your Job Posting to Candidates;
Acknowledge that PennPoint does not guarantee a minimum number of Candidate applications or a successful hire.

5.2 Non-Discrimination

Employers agree not to post positions that discriminate on the basis of race, color, religion, sex, national origin, age, disability, genetic information, sexual orientation, gender identity, veteran status, or any other characteristic protected by applicable law. PennPoint reserves the right to remove any Job Posting that it determines, in its sole discretion, violates this provision.

5.3 Candidate Data Usage

Employers who receive Candidate Materials through PennPoint agree to:

Use Candidate Materials solely for the purpose of evaluating candidates for the specific position(s) identified in their Job Posting(s);
Not share, sell, or transfer Candidate Materials to any third party without the Candidate’s express written consent;
Handle all Candidate Materials in compliance with applicable privacy and data protection laws;
Delete Candidate Materials upon request from PennPoint or the relevant Candidate, or when no longer needed for the stated hiring purpose.

5.4 Fees and Payment

Employer use of certain Services may be subject to fees as set forth in a separate Service Agreement or Statement of Work between PennPoint and the Employer. All fees are non-refundable unless otherwise expressly stated in writing. PennPoint reserves the right to modify its fee structure upon thirty (30) days’ written notice.

6. Uploaded Content and File Submissions

6.1 Acceptable File Types

PennPoint accepts resume and document uploads in the following formats: PDF, DOC, DOCX, TXT, and RTF. Maximum file size per upload is 10 MB. PennPoint reserves the right to reject or remove files that do not conform to these requirements.

6.2 Content Standards

All uploaded content must:

Be free of malware, viruses, or malicious code;
Not contain any content that is defamatory, obscene, harassing, or otherwise unlawful;
Not infringe on any third-party intellectual property, privacy, or other rights;
Not include personally identifiable information beyond what is reasonably necessary for professional recruitment purposes.

6.3 Security

PennPoint implements commercially reasonable technical and organizational measures to protect uploaded files and data. However, no transmission or storage system is completely secure. You acknowledge that you upload files at your own risk and that PennPoint cannot guarantee absolute security of your submissions.

7. Privacy and Data Protection

PennPoint’s collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the practices described in the Privacy Policy.

PennPoint will not sell your personal information to third parties. We may share data with Employers, service providers, and partners solely as necessary to provide the Services or as required by law.

Candidates located in California may have additional rights under the California Consumer Privacy Act (CCPA). Candidates and Employers subject to the European Union’s General Data Protection Regulation (GDPR) may also have additional rights. Please contact privacy@pennpointsearch.com to exercise any applicable data rights.

8. Intellectual Property

8.1 PennPoint Content

All content, trademarks, logos, software, and materials provided by PennPoint through the Services are owned by or licensed to PennPoint and are protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from PennPoint’s content without express written permission.

8.2 User Content

You retain ownership of any content you submit to the Services, including Candidate Materials and Job Postings. By submitting content, you grant PennPoint the limited licenses described in these Terms. You represent and warrant that you own or have the necessary rights to submit all content you provide.

9. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PENNPOINT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PennPoint does not guarantee that any Candidate will receive a job offer, that any Employer will find a suitable Candidate, or that any placement will result in a successful employment relationship.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PENNPOINT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF PENNPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall PennPoint’s aggregate liability to you for all claims arising out of or related to the Services exceed the greater of (a) the total fees paid by you to PennPoint in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100.00).

11. Indemnification

You agree to indemnify, defend, and hold harmless PennPoint and its officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property or privacy rights; or (d) any content you submit through the Services.

12. Third-Party Links and Services

The Services may contain links to third-party websites or services that are not owned or controlled by PennPoint. PennPoint has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites. We encourage you to review the terms and privacy policies of any third-party services you access.

13. Modifications to the Services and Terms

PennPoint reserves the right to modify, suspend, or discontinue any aspect of the Services at any time without notice or liability. We also reserve the right to update these Terms at any time. Updated Terms will be posted on our website with a revised “Last Updated” date. Your continued use of the Services after any such changes constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Services shall first be subject to good-faith negotiation between the parties.

If the dispute cannot be resolved through negotiation within thirty (30) days, it shall be submitted to binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in [City, State]. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

YOU AND PENNPOINT EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY CLAIM ARISING UNDER THESE TERMS.

15. General Provisions

15.1 Entire Agreement

These Terms, together with PennPoint’s Privacy Policy and any applicable Service Agreements, constitute the entire agreement between you and PennPoint with respect to the Services and supersede all prior agreements and understandings.

15.2 Severability

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

15.3 Waiver

PennPoint’s failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision unless acknowledged in writing by PennPoint.

15.4 Assignment

You may not assign your rights or obligations under these Terms without PennPoint’s prior written consent. PennPoint may assign these Terms in connection with a merger, acquisition, or sale of assets without restriction.

15.5 Force Majeure

PennPoint shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, government orders, or failures of third-party infrastructure.

16. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us at:

PennPoint Search, Inc.

516 W. Shaw, Suite 200

Fresno, CA 93704

Email: admin@pennpointsearch.com

Phone: (559) 412-5090

Website: www.pennpointsearch.com

By using PennPoint Search services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.