Terms Of Service



If you require any more information or have any questions about our Terms of Service, please feel free to contact us by email.


  • GENERAL

    In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.This document is published in accordance with the provisions of Information Technology regulations that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of:

    • The website www.jobspire.net (hereinafter referred to as ‘Website’), owned by Jobspire Technologies Private Limited, a Company incorporated under the Companies Act, having its registered office at 45/60, 6th Cross, Cambridge Layout, Ulsoor, Bangalore – 560008, Karnataka, India. Represented by its members, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;

    • For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a user of the Website by logging into the Website. The Website also provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship. The term "We", "Us", "Our", ‘Company’ shall mean Jobspire Technologies Private Limited; “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it. “Agreement Period” shall refer to the period for which the User engages the services of the Website. “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and the Company. “Recruiter” shall mean any natural or legal person looking for job applicants for filling various posts in their business. “Applicant” shall mean any person applying for a job post by the Recruiter through the Website.The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.

    • By using the Website, You accept and agree to be bound by this Agreement, the Privacy Policy, as well as rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, that shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.

      Your use of Our Website is evidence that You have read and agreed to be contractually bound by these Terms of Service and our Privacy Policy. Please read both carefully. The use of this Website by You is governed by this policy and any policy so mentioned by terms of reference.

      If you do not agree with any of these terms, please discontinue using the Website.

    • We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.


    All Users to the Website and/or its affiliated websites do hereby specifically agree that he/she shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while assessing or feeding any resume /profile/ insertion or information/data into the computers, computer systems or computer network of Jobspire Technologies Private Limited. The said User does further unequivocally declare that in case he/she violates any provisions of the Information Technology Act, 2000 and/or rules, regulations, guidelines, byelaws and notifications made thereunder, he shall alone be responsible for all his acts, deeds and things and that he alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.


  • ONLINE PLATFORM

    The website is an online platform which helps startups and SMEs create an experiential company profile that lets them visually describe their work environment, existing talent and their growth paths among other important things. We are committed to re-inventing the job post. Instead of applying with a CV, candidates will now complete quick challenges, eg: "Draft a sample email if candidate is applying to a sales job".
    We also offer the visual profile as a careers page replacement, locking in a good portion of the traffic that comes to a startup's website and enterprise solutions for larger companies. We curate all the applicants on our system and based on certain parameters, and assign them tags such as “Verified” and “Premium”.
    Recruiters can access Jobspire PremiumSelect, which is a database of the top job seekers on Jobspire, at a subscription fees as mentioned below in the document. Hiring through the jobs board has a pay-per-hire model.


  • MEMBERSHIP

    If a customer wants to avail services of the Website and use it, registration is required. As a part of the registration, we collect basic information such as your name, gender, date of birth, email address, contact number, password, city, state, country, Credit Card information, other billing Information, enquiry sought, etc.
    Membership of this Website is available only to those above the age of 18, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian. The Company/Website reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its services.
    Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or we have reason to believe that You have done so, We hold the right to permanently suspend Your account.


  • COMMUNICATIONS

    IBy using this Website, it is deemed that You have consented to receiving telephonic calls, SMSs and/or emails from Us at any time We deem fit. Such communications shall be sent to You on the telephone number and/or email address provided by You for the use of this Website which are subject to our Privacy Policy. These communications include, but are not limited to contacting you through information received from Third Parties. Such communications by Us is for purposes that inter alia include clarification calls, marketing calls and promotional calls. In case You wish to stop receiving notifications from Us with regard to marketing and promotional calls/ with regard to any communication received from Us, You may do so by sending an email to [email protected]
    In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to, statistical compilations.
    The sharing of the information provided by You shall be governed by our Privacy Policy at www.jobspire.net.


  • ACCOUNT AND REGISTRATION OBLIGATIONS

    All users have to register and login for availing services on the Website. The Users are of two types: Recruiter i.e. companies looking to hire and Applicant i.e. persons applying for the job. A Recruiter can sign up on the system in order to post a job, create a company profile or hire through PremiumSelect. On posting a job, the Recruiter receives applications, through which he can contact the Applicant(s) and take interviews off the system and then hire the Applicant(s). Recruiter can register after providing information such as Name, phone number, email address, company name, company address, pictures of their office, pictures of people working there, logo of the company, etc. After subscribing for PremiumSelect, a recruiter can access the database and contact any applicant(s) and take interviews off the system and hire the applicant(s). An Applicant can view available jobs and company profiles. In order to apply for a job, the Applicant needs to register on the Website and then such Applicant can apply for jobs. An applicant can register on the Website through providing the following details: Email address, name, phone number, Age, current location, academic degree, job role, previous place of work, companies that they want to block from seeing their profile, resume, LinkedIn profile, Personal Website link, Twitter profile link, Skype username, audio clips to verify them, video interviews (that we might store up on the system and then he/she can apply for jobs), etc.
    You must keep your account and registration details current and correct for communications related to your purchases from the Website. By agreeing to the Terms of Use, the user agrees to receive promotional communication and newsletters from the Company and its partners. The user can opt out from such communication and/or newsletters either by unsubscribing on the Website itself, or by contacting the customer services team and placing a request for unsubscribing.


  • CHARGES

    On completing a successful hire through the Jobs Board, Recruiter has to pay to the Company a one time fee of 7% of the annual CTC (Cost to Company) offered to the new employee hired. Using the PremiumSelect comes at a subscription cost of Rs. 21,000 for 3months, Rs. 36,000 for 6months or Rs. 60,000 for 12months which needs to be paid before the Recruiter can access the database. The charges can be modified with a separate MoU between the Company and the Recruiter. These values may be changed at any point of time as per the Company’s discreation.
    Our system is completely free for applicants to use.


  • MODE OF PAYMENT

    The Recruiter can pay the Company through NEFT/RTGS transfer into the company’s bank account. The bank account details will be provided by the Company on raising an invoice to the Recruiter.
    In the future, the following payment options will be available on the Website:

    • Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks;

    • Visa & Master Card Debit cards;

    • Netbanking/Direct Debit payments from select banks.


    As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other applicable provider in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the Company.The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same.


  • TAXES

    The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website, including but not limited to downloading content and availing its service partner’s service.


  • USER’S OBLIGATIONS

    The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.

    • You hereby certify that you are at least 18 years of age.

    • You agree to ensure the email address provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.

    • You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Website, including, without limitation to, any usage rules set forth in this Agreement.

    • You undertake not to:

      • Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;

      • access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website . The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or , materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is prohibited. You acknowledge and agree that by accessing or using the Website Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content;

      • use the Website or in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company’s services; (ii) any other party's use and enjoyment of company’s services; or (iii) the services and products of any Third Party (including, without limitation to, the Authorized Device);

      • use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;

      • abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;

      • engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the );

      • upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or or another's mobile phone;

      • download any file posted on the Website that you know, or reasonably should know, cannot be legally distributed in such manner;

      • probe, scan or test the vulnerability of the Website or any connected network , nor breach the security or authentication measures on the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website , or exploit the Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the;

      • disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers or networks connected to or accessible through the Website or any affiliated or linked s;

      • use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other Third Parties;

      • violate any applicable laws or regulations for the time being in force within or outside your home country;

      • violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

      • Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.

      • threaten the unity, integrity, defence, security or sovereignty of your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

      • disseminate information through the Website that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside your home country.

      The Recruiter shall be deemed to give an undertaking to Jobspire Technologies Private Limited that the jobs sought to be advertised on the classified section of Website are in existence, are genuine and that the Recruiter has the authority to advertise for such jobs.
      The Recruiter must give an undertaking to Jobspire Technologies Private Limited that there will be no fee charged from any person who responds to jobs advertised on the classified section of Website for processing of applications / responses from such person.
      It shall be sole prerogative and responsibility of the User to check the authenticity of all or any response received pursuant to the resume /profile/ insertion or information/data being fed into the network system of the Website by the User, for going out of station or in station for any job or interview. Company assumes no responsibility in respect thereof and expressly disclaims any liability for any act, deed or thing which the user may so do, pursuant to the receipt of the response, if any, to the resume /profile/ insertion or information/ date being fed into the network system of Jobspire Technologies Private Limited.


  • COPYRIGHT COMPLAINTS

    We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please contact Us at [email protected] Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Website, including for example but not limited to, communication during any registration, You represent and warrant:

    • You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;
    • all information You provide is true, accurate, current and complete, and does not violate these Terms of Service; and
    • the information and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited.

    You authorize us to share the information across all our affiliated Websites, to include the information in a searchable format accessible by users of the Website, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.


  • AMENDMENT

    • We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website . We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.

    • The Website has no obligation to provide You with a copy of the information You or any other User provides on the Website or that the Website has accessed.

    • Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Website.


    You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Website to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Website. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.


  • INDEMNIFICATION

    You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made Us in connection with any claim arising from or related to:

    • Your use or any Third Party’s use via Your account of the Service provided by the Website and its Content;
    • Your disclosure of information to any Third Party, either through the Website or otherwise. (Please refer to our Privacy Policy for more details in this regard);
    • Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.

    You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.


  • DISCLAIMER OF LIABILITY

    The Company will not be responsible for any damage suffered by users from use of the services on this system. This without limitation includes loss of revenue/data resulting from delays, pricing issues or service interruptions as may occur because of any act/ omission. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

    The User is solely responsible for obtaining, at his own cost, all licenses, permits, consents, approvals and intellectual property or other rights as may be required by the user for using the Service.

    Jobspire Technologies Private Limited shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.

    The subscription / agreement between Jobspire Technologies Private Limited and the User is not a "non-poach agreement" nor can the same be termed or used as an alternative to "non-poach agreement" in as much as Jobspire Technologies Private Limited/ Website is a public site and all information posted by Jobspire Technologies Private Limited goes to the public domain except information / data which is specifically assigned a non-public / private character.

    In case a User using the world wide web/internet receives a spam or virus which includes a link to www.jobspire.net or to any other site maintained, operated or owned by Jobspire Technologies Private Limited, it should not be held responsible for the same. Jobspire Technologies Private Limited assumes no responsibility for such mails.

    In case of non compliance of these Terms and Conditions or Privacy Policy Jobspire Technologies Private Limited may terminate usage rights and take down any offending information that might have been uploaded by such User.

    The Website uses an automated algorithm to match jobs against the keywords/attributes present in the profile submitted by the User, and hence offers no guarantee nor warranties that the jobs sent in the job mail will be relevant to the profile.

    The Company neither guarantees nor offers any warranty about the credentials bonafides, status or otherwise of the prospective employer/organization which downloads the resume /profile/ insertion or information/data and uses it to contact the User.

    Jobspire Technologies Private Limited offers no guarantee nor warranties that there would be a satisfactory response or any response at all subscriber for applications.

    Even though You may have marked your profile as unsearchable, on viewing a Recruiter profile when you are logged into your Website account, a snapshot of your profile maybe made visible to the recruiter.

    Although We will make all possible efforts to adhere to these privacy settings, We will not be responsible for a resume /profile being seen by a blocked User for any reason. For best privacy settings it is recommended that you do not allow your resume /profile to be searched at all.

    All changes / modifications made by the User to the data / information shall be effected and will come into operation only after 24-48 hours of such changes / modifications being made.

    Jobspire Technologies Private Limited shall place the information relating to vacancies on Website’s ‘Jobs Board’ or such other Classified sections on the Website or such other mirror or parallel site(s) or in allied publications as Jobspire Technologies Private Limited may deem fit and proper but such additional web hosting shall be without any extra cost to the User.

    The insertion so displayed in the classified section of Website shall be for a fixed period, which period is subject to change without notice. Every instance of refreshing and existing listing entitles you to and additional fixed period starting from the date on which the listing is refreshed and shall be counted as fresh posting.

    Jobspire Technologies Private Limited shall in no way be held liable for any information received by the subscriber and it shall be the sole responsibility of the subscriber to check, authenticate and verify the information/response received at its own cost and expense.

    Any actions taken by an employer/recruiter on the basis of the background check report or otherwise, is the employer's/recruiter's responsibility alone and Jobspire Technologies Private Limited will not be liable in any manner for the consequences of such action taken by the user

    Jobspire Technologies Private Limited reserves its right to suspend/terminate the services contracted for by the subscriber either prior to or during the contracted period without assigning any reason. In such an eventuality, any amount so paid for by the subscriber for this service, may be refunded by Jobspire Technologies Private Limited at a prorata basis to the subscriber at its discretion.

    By posting/uploading a job posting on the website you confirm that you have obtained all licenses/permits as are necessary for recruitment and to indemnify Jobspire Technologies Private Limited against all claims, damages arising out of actions/claims that may be made in relation to the same.

    Jobspire Technologies Private Limited has the right to make all such modifications/editing of the vacancy details in order to fit its database.

    All information intimated by the subscriber / recruiter and displayed by Jobspire Technologies Private Limited on Website becomes public knowledge and Jobspire Technologies Private Limited may at its sole discretion include the vacancy intimated by a subscriber for display on Website in any other media including the print media at no extra costs to the subscriber and Jobspire Technologies Private Limited shall not be held liable for usage/publicity of such information.

    Jobspire Technologies Private Limited offers no guarantee nor warranties that there would be a satisfactory response or any at all response once the job is put on display.

    Jobspire Technologies Private Limited would not be held liable for any loss of data, technical or otherwise, information, particulars supplied by the subscriber, due to reasons beyond its control like corruption of data or delay or failure to perform as a result of any causes or conditions that are beyond Jobspire Technologies Private Limited's reasonable control including but not limited to strike, riots, civil unrest, Government policies, tampering of data by unauthorized persons like hackers, war and natural calamities.

    Uploading of multiple resume /profiles beyond a reasonable limit by the same individual, using the same or different accounts shall entitle Us to remove the Resume /profiles without notice to the subscriber. This service is only meant for candidates looking for suitable jobs. Any usage with commercial intent is prohibited.


  • DISPUTES ARISING OUT OF THIS AGREEMENT

    All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.

    • Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide the final mediator. The decision of the mediator is binding on both parties.
    • Stage 2: Arbitration. In case that mediation does not yield a suitable result or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members- one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Bangalore, Karnataka, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.

    The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of Bangalore, Karnataka, India. The exclusive jurisdiction and venue for actions and disputes may be as mentioned above, and You hereby submit to the jurisdiction of such courts.


  • PRIVACY

    We encourage you to read the Privacy Policy, and to use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content (such as but not limited to information related to your booking) which You provide on the Website are likely to reveal Your information about You. You acknowledge and agree that your submission of such information is voluntary on Your part. Further, You acknowledge, consent and agree that we may access, preserve, and disclose information You provide to Us at any stage during Your use of the Website. Disclosures of information to Third Parties are further addressed in Our Privacy Policy. The data collected from the Users as well as from the Service provider may be located in servers outside of India.


  • MISCELLANEOUS PROVISIONS:

    • Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.

    • Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.

    • Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.