HackerEarth Terms of Service

Welcome to HackerEarth’s website registered under the name of HackerEarth Inc, a Delaware corporation with a place of business at 1111 W El Camino Real Ste 133 #398 Sunnyvale CA 94087. “HackerEarth”, “Company”, “We” or “Us” which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its, subsidiaries, affiliates, successors and permitted assigns. By using HackerEarth’s products, software-enabled, technical-assessment platform services, or other services, “You” or “User” agree to the following terms and conditions, and any privacy policies, legal notices, or other applicable policies and guidelines that may be presented to you (collectively these “Terms of Service”) regularly.

Please read the following Terms of Service carefully. If You do not want to agree to these Terms of Service, it is recommended that You do not access the Services.

  1. DEFINITIONS
    1. “Affiliate (s)” means any entity that owns or controls, is owned or controlled by, or is under common ownership or control with the Company.
    2. “Candidate” means an individual invited and authorised by the Recruiter to access the HackerEarth Service.
    3. “Confidential Information and Proprietary Information” means and all information, in any medium or format (including written, oral, visual or electronic, together with all copies, which is directly or indirectly related to the subject matter of the Terms of Service, which includes but is not limited to
      • (a) Intellectual Property information;
      • (b) technical or business information or material not covered in (a);
      • (c) proprietary or internal information related to the products or services of the Parties including samples, apparatuses, equipment, financial information including Fees related information, process/flow charts, business models, information related to procurement requirements, purchasing, manufacturing, customers, investors, employees, business and contractual relationships, business forecasts, sales and merchandising, marketing plans, information the Parties provide regarding third parties; and
      • (d) is identified by either party as “Confidential” and/or “Proprietary”, or which, under all of the circumstances, ought reasonably to be treated as confidential and/or proprietary, including the Terms of Service.
    4. “Documentation” means the knowledgebase and documents as to and connected with the functionality of the Software, provided by the Company to the User, along with the Subscription.
    5. “Enhancement(s)” shall mean any modification, update, upgrade or addition to the Software that, when made or added to the Software, and its modules currently being used by the User, provides minor functionality change or improvements to the Software but does not change overall utility, functional capability, or application, where such modifications or additions are generally made available by the Company to all its users as a part of their Subscription to the Software.
    6. “Error(s)” means any verifiable and reproducible failure or inability of the Software to perform any material functions set forth in the Documentation due to any programming defect in the Software, when used by the User as specified under the Terms of Service or the Documentation by the Company. The term “Error”, shall however, not include any failure or inability of the Software that
      • (i) results from the misuse or improper use of the Software,
      • (ii) does not materially affect the operation and use of the Software,
      • (iii) results from any modification to the Software that is not a Company authorized change,
      • (iv) results from any cause beyond reasonable control of the Company, including third party cloud environment, hardware, software, firmware, malicious code like virus, trojan or malware.
    7. “Face Code” means the proprietary feature provided by the Company along with its Services to conduct Interviews.
    8. “Fix(es)” means any modification or addition to the Software that, when made or added to the solution or modules currently being used by the User, corrects Errors but does not change overall utility, functional capability, or application, where such modifications or additions are generally made available by the Company to all its customers.
    9. “Interview” means the live one-on-one discussion between the interviewer(s) and the Candidate on FaceCode.
    10. “Pre-Existing Materials” means and includes but limited to all Intellectual Property Rights, information, knowledge, experience and know-how (including processes, ideas, concepts, methodologies, tools and techniques), reports, object or source code, writings, flow charts, templates, outlines, exhibits, diagrams, sketches, inventions, discoveries, designs, methods, device, illustrations, drawings, models, reports, methods, material, procedures or protocols developed independent of and/or prior to the rendition of Services. In addition to the foregoing, insofar as it relates to the Company, the microsite created by the Company, shall be the Company’s Pre-Existing Material.
    11. “Recruiter” means those individuals having registered accounts with a user identification name and password.
    12. “Service(s)”, in the context of: 
      1. HackerEarth Sprint, mean the end-to-end managed services performed by the Company or its Affiliate/s for the User, along with the limited Subscription to the Software; and 
      2. HackerEarth Assessment, mean the professional services performed in relation to the Subscription, in addition to the Subscription offered by the Company or its Affiliate/s. 
      3. If applicable, Face Code. 
    13. “Software” means the proprietary software of the Company, namely ‘HackerEarth Sprint’ or ‘HackerEarth Assessment’, including all Fixes and Enhancements therein, offered as an internet accessible service on cloud.
    14. “Subscription” means the non-exclusive, non-transferable, non-sublicensable, revocable (in accordance with these Terms of Service) and limited subscription to the Software as authorised under this Terms of Service.
    15. “User(s)” shall mean any individual or customer accessing HackerEarth Services including a Candidate and Recruiter.

  2. ACCEPTANCE OF TERMS OF SERVICE
    1. Your access to the Services is subject to these Terms of Service.
    2. HackerEarth reserves the right to update and change these Terms of Service regularly without notice to You or acceptance by You at its sole discretion, and where reasonably possible, try to give You advance reasonable notice in writing to your email address on record.
    3. Such modified Terms of Service will become effective upon either of the following (whichever is earlier):
      1. Either your continued use of the HackerEarth service with actual knowledge of such modified Terms of Service
      2. Or thirty (30) days from the publication of such modified Terms of Service on this page or the HackerEarth website.
    4. Your use of the Service is also subject to the Privacy Policy, which explains how we treat your personal information and provides information about our data-protection practices.
    5. Any use of any of our HackerEarth fee-based subscription offerings is bound by these Terms of Service plus any additional terms and conditions that will be made available in a separate agreement agreed to by You. These additional terms become part of your agreement with HackerEarth, if You access that HackerEarth service.
    6. By use of the Service, You signify your acceptance of these Terms of Service.
    7. If You are a Recruiter representing of a corporation or other legal entity which wishes to use the Service, then You represent and agree that You have the authority to accept these Terms of Service on behalf of such corporation or other legal entity and that all provisions of these Terms of Service will bind that corporation or other legal entity as if it were named in these Terms of Service in place of You.

  3. HACKEREARTH FACECODE
    1. Insofar as it relates to FaceCode, the Recruiter or the authorised user has the option to choose FaceCode for conducting Interviews along with the Services provided by the Company.
    2. Interview may be conducted on FaceCode by generating a link and circulating such link with the concerned Candidates and interviewer(s).
    3. Interview shall be attended by one (1) Candidate and conducted by a minimum of one (1) interviewer and a maximum of five (5) interviewers. One (1) credit shall be utilized for one (1) Interview.
    4. Each Candidate may be interviewed by a maximum of five (5) interviewers in one (1) interview.
    5. The maximum duration of each Interview shall be two (2) hours. If the interviewer wishes to continue the Interview beyond the permitted duration of two (2) hours, a new Interview link needs to be generated again.
    6. The time for each Interview begins when at least one (1) interviewer and the candidate log in to the link generated by FaceCode.

  4. ACCOUNT INFORMATION AND SERVICE ACCESS
    1. The Service is not available to persons under the age of eighteen (18) or to any Users suspended or removed from the Service by HackerEarth.
    2. By using the Service, You represent and warrant that You are at least eighteen (18) years of age and that You are of the legal age to form a binding contract and are not a person barred from receiving services under the laws of the India or other applicable jurisdiction.
    3. HackerEarth reserves the right to refuse registration of, or cancel, any account or access to the Services by any User in its reasonable discretion, at any time.
    4. HackerEarth accounts will be accessed through a User ID and password that You will create (your “Credentials”). Your Credentials are solely for your use and must not be shared with other Users.
    5. All Users shall have their own account, User ID and Credentials.
    6. You agree that your Credentials and the information You provide upon registration and at all other times will be true, accurate, current, and complete (including your name and your company’s name).
    7. You are responsible for maintaining the confidentiality of your account password and for all the activities that occur in your account. You agree to immediately notify HackerEarth of any unauthorized use of your account, password, Credentials, or any other breach of security.
    8. You agree that HackerEarth will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
    9. Candidates shall access the Interview services when a Recruiter invites a Candidate, via email, to take a technical programming test (“Challenge”).
    10. The Candidate will be provided login credentials to access Challenge. Following completion of the Challenge the Candidate’s access to the HackerEarth services shall terminate.
    11. Your account will be automatically created by participating in any of the HackerEarth promotional event or giving assent to any activity that requires an account on HackerEarth.
    12. Except as expressly permitted by HackerEarth, You agree that the Services are to be accessed only for You or your company’s own internal business purposes and not for resale or unauthorized distribution to any third party.
    13. You are solely responsible for your interaction with other Users via the Service. If You have a dispute with one or more User(s) or if You disagree with the results of a Challenge report or Resulting Data, the only remedy is to stop using the Service. You agree to irrevocably and forever release HackerEarth (and HackerEarth officers, directors, agents, subsidiaries, contractors, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
    14. If the User is located within the European Economic Area, the User is the Controller with respect to the HackerEarth data, and HackerEarth is a Processor.
    15. If the User is located within the territory of India, the User agrees and consents to receive all communications at the mobile number provided, even if their mobile number is registered under DND/NCPR list under Telecom Regulatory Authority of India regulations. The User further authorizes the HackerEarth to share/disclose the information to any third party service provider or any affiliates, group companies, their authorized agents or third party service providers.

  5. RESPONSIBILITIES OF AN USER

    Insofar as it relates to the Subscription, User will not and to the extent possible not permit any third party to:

    1. copy, adapt, reverse engineer, decompile, disassemble or otherwise attempt to discover or reproduce the source code, object code or underlying structure, ideas or algorithms of the Software (provided that reverse engineering is prohibited only to the extent such prohibition is not contrary to applicable law);
    2. modify, translate, or create derivative works based on the Software;
    3. use the Software for timesharing or benchmarking;
    4. use the Software in any infringing, defamatory, abusive, harmful, fraudulent, or for illegal purposes;
    5. upload or send pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libellous, or otherwise inappropriate User Content to other Users;
    6. use the Software other than in accordance with the Terms of Service and in compliance with all applicable laws, regulations and rights (including but not limited to data protection and privacy;
    7. use the Software to allow the transfer, transmission, export, or re-export the Software or Documentation or portion thereof;
    8. allow the Software to be used for applications/instances, in excess of the Subscription;
    9. use the Software to develop any competing or similar product;
    10. use the Software in any manner not recommended or authorised by the Company;
    11. Make unsolicited offers, advertisements, proposals, or sending junk mail (aka spam) to other Users;
    12. Impersonate another person or pretending to be affiliated with an organization with which You are not affiliated or misrepresenting the extent of your affiliation or role with an affiliated organization or the source, identity or User Content transmitted;
    13. Disclose the personal or proprietary information of another User, organization or HackerEarth not otherwise permitted by applicable rules or law;
    14. Share HackerEarth accounts, User Credentials or login credentials with any third party or encouraging any other User to do so.

  6. USER CONTENT
    1. The Service provides certain features, which enables Users to submit posts including data, text, software, codes, graphics, messages or other material (“User Content”) on the Service.
    2. User Content submitted, posted or shared by a User is subject to this Terms of Service.
    3. User Content posted on or through the Service that belongs to You and maybe used in any manner, except as prohibited by applicable state and federal law or regulations.
    4. By using the Service, You are assigning all rights, title and interest in the User Content to HackerEarth and its authorised service providers.
    5. You understand that by posting User Content, You are responsible for User Content that You create, transmit, or display while using the Services and for any consequences thereof.
    6. You further agree that under no circumstances shall HackerEarth be liable for the errors or omissions of another User who views your User Content.
    7. HackerEarth cannot and need not control all User Content posted by Users on or through the Service and it does not guarantee the accuracy, integrity or quality of such User Content.
    8. You understand that you must evaluate and bear all risks associated with the use of any User Content, including any reliance on the User Content, integrity, and accuracy of such User Content.
    9. HackerEarth does not endorse and is not responsible for the accuracy, usefulness, safety, or of relating to User Content.
    10. You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against HackerEarth with respect thereto.
    11. HackerEarth reserves the right, in its reasonable discretion, to refuse to allow any User Content through the Services or to edit or remove any User Content at any time with or without notice. Without limiting the generality of the preceding sentence, HackerEarth complies with the Digital Millennium Copyright Act and GDPR and shall remove Content upon receipt of a compliant takedown notice (see the “Copyright Infringement” section below).
    12. HackerEarth reserves the right to remove, limit or block User Content from the Service, which in its sole discretion may determine to be:
      1. In violation of these Terms of Service;
      2. Unlawful;
      3. Offensive, threatening, libellous, defamatory, obscene, or otherwise objectionable;
      4. In violation of any party's intellectual property;
      5. Detrimental to the quality or intended spirit of the Service;
      6. Involved in acts of infringement, fraud or abuse.
    13. HackerEarth also has the right (but not the obligation), to limit or revoke the use privileges of the account of any User who posts User Content not authorised by these Terms of Service. These remedies are in addition to any other remedies HackerEarth may have at law or in equity.

  7. INTELLECTUAL PROPERTY RIGHTS
    1. HackerEarth and the User shall have all ownership rights, including all intellectual property rights such as copyrights, trademarks, service marks and patents therein (the “Intellectual Property Rights” or “IPR”) in and to their respective Pre-Existing Materials.
    2. By using the Service, You are granting all ownership of User Content to HackerEarth.
    3. From time to time, the User may (but is not required to) provide feedback, suggestions, requirements or recommendations (“Feedback”) regarding the Subscription or the Services. The User hereby assigns to the Company all right, title and interest to such Feedback and an exclusive right to create any developments based on such Feedback.
    4. Any and all Intellectual Property Rights in and to the Subscription, Software, Documentation and branding thereof, are the sole and exclusive property of the Company. The Terms of Service do not grant the Users, any rights, title and interest in and to Software, the Subscription, the Documentation, its contents, and branding thereof, including the Company’s Intellectual Property Rights, except where expressly and unequivocally granted herein. Any rights not expressly and unequivocally granted to the Users are reserved by the Company.
    5. The Services performed in relation the HackerEarth Assessment would result in the generation of an assessment report (the “Resulting Data”). The customer of HackerEarth is hereby granted an exclusive, nontransferable, revocable right to use the Resulting Data for their internal analysis purposes only. Notwithstanding the foregoing, the Company shall have the right to use the Resulting Data anonymously, and gathered in an aggregated manner, to improve upon the Services.
    6. Insofar as it relates only to HackerEarth Sprint, the ownership rights and Intellectual Property Rights in the participant data shall be owned by HackerEarth.

  8. PAYMENT OF FEES
    1. User will pay Company the applicable fees for Subscription or Services, as the case may be (“Fees”). All Fees payable by the User are non-refundable and non-cancellable.
    2. Upon renewal of the Subscription, Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees in its sole discretion, upon prior notice to User (which may be sent by email).
    3. If User believes that Company has billed User incorrectly, such User must contact Company no later than seven (7) working days after receiving the bill in which the Error or problem appeared, in order to receive an adjustment or credit. In the event that the User does not contact the Company with an Error or problem with respect to the billing statement within seven (7) working days of receiving the bill, then the Company shall reasonably deem the User’s acceptance to the same. Inquiries should be directed to Company’s customer support department at support@hackerearth.com.
    4. To the extent applicable and as more particularly set out under the applicable order, the User will pay Company for additional services, such as integration fees or other consulting fees, if any, as communicated to the User.
    5. Fees paid hereunder are exclusive of all taxes, including national, state or provincial and local use, sales, value-added, property, and similar taxes, if any and shall be payable, as applicable.

  9. TERMINATION
    1. HackerEarth, in its reasonable discretion may terminate your account and/or user login credentials and remove and discard any User Content within the Service if HackerEarth believes that You have violated or acted inconsistently with the letter and spirit of these Terms of Service.
    2. You may terminate your account, this Terms of Service and your right to use the Service at any time and for any reason or no reason, by contacting HackerEarth user support at support@hackerearth.com.
    3. However, if You have a separate agreement with HackerEarth which has conflicting terms regarding termination, those terms shall take precedence over this Terms of Service.
    4. After cancellation or termination of your account for any reason, You will no longer have access to your account and all information and User Content in your account or that You have stored on the Service may be, but is not required to be deleted by HackerEarth.
    5. HackerEarth will have no liability for information or User Content that is deleted due to the cancellation or termination of your account for any reason.
    6. All sections of the Terms of Service which by their nature should survive termination will survive termination.

  10. REPRESENTATION AND WARRANTIES
    1. You represent and warrant the following that:
      1. The User Content is your own original work and You have all necessary rights, licenses, consents, and permissions to disclose the User Content.
      2. You have authorised HackerEarth to use all patent, trademark, copyright, or other proprietary rights in and to the User Content to enable the inclusion and use of User Content in the manner contemplated by HackerEarth including in these Terms of Service and have granted the rights and license set forth above.
      3. The User Content and the use of the User Content on the Services shall be for purposes that are legal, proper, and in accordance with these Terms of Service.
      4. Your disclosure of User Content does not violate any confidential relationship with any third party including past or present employers or establish a confidential relationship with HackerEarth.
      5. You are responsible for the User Content that You upload, post, email, transmit, or otherwise make available through the Service, except as permitted in these Terms of Service.
      6. You do not have the rights to use, reproduce, create derivative works of, distribute, publicly perform or publicly display any content that does not belong to You, other than viewing of content or the associated Challenge reports or Resulting Data on or through the Service.
      7. The User Content shall not infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right. You agree that the User Content shall not violate the rights of any third party, and You know of no other individual or entity whose rights will be infringed or violated by the User Content being viewed and used as described in these Terms of Service.
      8. User Content does not slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person;
      9. User Content and use of User Content through the Service shall not violate any applicable law or regulation.
    2. You agree and acknowledge that HackerEarth is explicitly relying on the fore mentioned representations and warranties made by You with respect to the User Content and the use of User Content made available on the Service.

  11. INDEMNITY
    1. HackerEarth and the User shall defend and settle any third party with any claim directly relating to
      1. any breach by the Party of its confidentiality obligations; or
      2. gross negligence and willful misconduct by either Party
    2. You agree to indemnify and hold harmless HackerEarth from any claim or demand made by any third party due to or arising out of:
      1. Your actions in using the HackerEarth service,
      2. a claim that you, or any third party using Your Credentials, infringed any intellectual property or other right of any person or organization using the HackerEarth service, or
      3. the violation of these Terms of Service by you or any third party using your Credentials.
    3. HackerEarth reserves the right, at its expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate with our defense of these claims.
    4. This indemnity obligation shall not apply if a third party uses your Credentials due to an act or omission of HackerEarth.

  12. WARRANTY DISCLAIMER

    EXCEPT AS MAY BE SET FORTH IN ANY SEPARATE SIGNED AGREEMENT BY HACKEREARTH AND YOU, THE SERVICE IS PROVIDED "AS AVAILABLE” BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HACKEREARTH AND ITS AFFILIATES, IF ANY, DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, HACKEREARTH AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EXCEPT AS MAY BE SET FORTH IN ANY SEPARATE SIGNED AGREEMENT BETWEEN HACKEREARTH AND YOU, HACKEREARTH DOES NOT WARRANT THAT THE HACKEREARTH SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HACKEREARTH OR THE HACKEREARTH SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.


  13. LIMITATION OF LIABILITY

    EXCEPT AS MAY BE SET FORTH IN ANY AGREEMENT SEPARATELY SIGNED BETWEEN HACKEREARTH AND YOU, NEITHER HACKEREARTH NOR ITS AFFILIATES WILL BE LIABLE, UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS OR, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HACKEREARTH'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF

    • (i) THE AMOUNT PAID, IF ANY, BY YOU TO HACKEREARTH FOR THE HACKEREARTH SERVICE IN THE THREE (3) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR
    • (ii) ONE HUNDRED DOLLARS ($100.00).


  14. MISCELLANEOUS
    1. Post Termination: These Terms of Service will remain in full force and effect while you use the Service. The terms that may continue to operate after You stop using the Service (including without limitation the User Content license to Service and the General Terms in this Section), will survive after You stop using the Service.
    2. Statute of Limitations: You agree that regardless of any statute of law to the contrary or any claim or cause of action arising out of or related to use of Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    3. Severability: If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.
    4. Notices: You agree that HackerEarth may provide You with notices, including those regarding changes to the Terms of Service, by email, regular mail or by posting on the website hosting the Services
    5. Waiver: The failure of HackerEarth to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
    6. Assignment: You may not assign your account to the Service, or any rights and licenses granted hereunder and such any assignment by you will be null and void.
    7. Survivability: All sections of these Terms of Service that by their respective nature should survive the cancellation or termination of these Terms of Service shall survive the termination or cancellation of these Terms of Service. You agree that breach of these Terms of Service will cause irreparable harm and that accordingly HackerEarth may seek injunctive relief in addition to any other legal remedies under these Terms of Service at law or equity.
    8. No third-party beneficiaries: You agree that except as otherwise expressly provided for in these Terms of Service, there shall be no third-party beneficiaries to the Terms of Service.
    9. Entire Agreement: These Terms of Service (including any additional terms, conditions, policies and agreements incorporated herein) are the entire agreement between HackerEarth and you regarding the Service.
    10. Choice of law/forum: You and HackerEarth mutually agree that pursuant to the Federal Arbitration Act, 9 U.S.C. §1-16, and to the fullest extent permitted by applicable law, You and HackerEarth will submit solely to final, binding and confidential arbitration any and all disputes, claims, or causes of action arising from or relating to this Terms of Service shall be subject to arbitration by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer Rules.pdf. This Section shall not apply to any claim or cause of action that cannot be subject to arbitration as a matter of law. You and HackerEarth both have the right to be represented by legal counsel at any arbitration proceeding, at your own expense. The Arbitrator shall:
      • (i) have the authority to compel adequate discovery for the resolution of the dispute;
      • (ii) issue a written arbitration decision, to include the arbitrator’s essential findings and conclusions and a statement of the award; and
      • (iii) be authorized to award any or all remedies that you or HackerEarth would be entitled to seek in a court of law.
        • You and HackerEarth shall equally share all AAA’s arbitration fees. To the extent AAA does not collect or you otherwise do not pay to AAA an equal share of all AAA’s arbitration fees for any reason, You and HackerEarth pay AAA the Your share, You acknowledge and agree that HackerEarth shall be entitled to recover from the You, Your half of the AAA arbitration fees invoiced to the Parties (less any amounts the You have paid to AAA) in a federal or state court of competent jurisdiction. Nothing in this Section is intended to prevent either You or HackerEarth from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any such arbitration. Any final award in any arbitration proceeding hereunder may be entered as a judgment in the federal and state courts of any competent jurisdiction and enforced.
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