Terms of Service
This Terms of Service Agreement (the “Agreement”) is a legal agreement between You and Indeed, Inc., 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA, if and when You are in the United States, or Indeed Ireland Operations Limited, 124 St. Stephen’s Green, Dublin 2, Ireland, in all other respects (“Interviewed” or “we” or “us”) for use of the Interviewed website (“Site”) and all services, features and content offered by Interviewed (together with the Site, the “Service”). The term “Employer” will refer to employers who provide Assessments to Candidates and receive responses through the Service. The term “Candidate” or “You” will refer to jobseeker users who receive Assessments from Employers and provide Responses through the Service.
- Acceptance of Terms
By creating an account or accessing or using the Service, You acknowledge that You accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SERVICE. We may modify this agreement from time to time. Your use of the Service following the effective date of any modifications to this agreement will constitute Your acceptance of the agreement, as modified. You agree that notice on the Site of modifications is adequate notice.
- Registration and Eligibility
In order to use the Service, You must create an Interviewed account or log in using Your preexisting Interviewed account. Employers may use the Service to send You Assessments, to which You may provide Responses. An Assessment only evaluates a particular skill. It does not evaluate a Candidate’s qualification for a particular job. Whether a particular skill is relevant to a job, or whether a Candidate is qualified or appropriate for a job, is decided solely by the Employer sending the Assessment.
- Use of Interviewed
You acknowledge and understand that Interviewed does not choose the Assessments sent by Employers and has no control over Employers’ selection or use of Assessments. You agree that the questions in any Assessment are solely being asked by the Employer sending the Assessment and are not being asked by Interviewed. You further agree that Interviewed is not responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent state act, and that the responsibility for offering any such alternative method lies solely with Employers. If You require an accommodation, or any alternative method(s) of Assessment, screening or application, You must request it directly from the Employer. Interviewed does not warrant that the method of delivery of any Assessment question would be compliant with the Americans with Disabilities Act or any equivalent state act.
A Candidate may, but is not required to, provide a Response to an Assessment sent by an Employer. After a Candidate has provided a Response, the Employer will be able to use the Service to review the Response. If there are multiple versions of the same Assessment, the Response will only be displayed in relation to other Responses to the same version of that Assessment. Receiving or responding to an Assessment does not guarantee a job or job offer, or a job offer at any particular salary, or any further communication or action by any Employer.
As a Candidate sending a Response through the Service, You are requesting and authorizing Interviewed to make Your Response available to the Employer providing the Assessment. You understand that this is without warranty, and that Interviewed reserves the right to display or reformat Responses in a manner to permit Employers to review Your Response together with Responses from other Candidates. You also acknowledge that once You have requested that Interviewed transmit Your Response to an Employer, that request cannot be canceled. Interviewed does not guarantee that any Employer will receive, access, read or respond to any Response, or that there will be no mistakes in the transmission of the data. However, Interviewed may alert You when any of the above events occur.
The Employer sending the Assessment is the sole party to determine whether a Response indicates a qualified candidate. The Employer is the sole party to determine whether to give You the opportunity to retake any Assessment or update or modify Your Response.
- Interviewed’s Role
Interviewed does not act as an employment agency by offering the Service. By using the Site or the Service, You acknowledge and agree that Interviewed is not procuring employees for Employers or procuring opportunities to work for Candidates. Interviewed merely provides a tool enabling Employers and Candidates to exchange Assessments and Responses as they determine. The sole responsibility for the content of any Assessment or Response, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of the Site or Service, is solely with Employers or Candidates as applicable.
Interviewed cannot confirm the information submitted by any Employer, Candidate, or other user, including the identity of any user. Interviewed does not inquire into the backgrounds of Employers or attempt to verify the statements of Employers. You are responsible for conducting any background checks, reference checks, or other due diligence that You may require before accepting an offer of employment from an Employer. You agree that any rights You have under any applicable employment, equality or discrimination laws, the US Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries, may only be asserted against the Employer.
Interviewed is not a third party to or liable for any agreements between an Employer and Candidate, regardless of whether or not Interviewed receives a fee from the Employer in connection with the transaction. Interviewed will not be liable for any costs or damages arising out of or related to such transaction.
Interviewed assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of the Site, the Service, and any Assessment or Response.
The Service is free for Candidates.
- Changes to the Service
From time to time and without prior notice to You, we may change, expand and improve the Site and the Service. We may also, at any time, cease to continue operating part or all of the Site or the Service or selectively disable certain aspects of the Service or portions of the Site. Any modification or elimination of the Site or the Service will be done in our sole discretion and without an ongoing obligation or liability to You, and Your use of the Site and the Service do not entitle You to the continued provision or availability of the Service.
- Your Use of the Service
You may not access or use the Service for any directly or indirectly illegal, discriminatory, or fraudulent purpose. You shall not create or send any Response which is directly or indirectly illegal, discriminatory, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You shall not create or send any Response containing proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing).
You understand and agree that Interviewed does not have any obligation to screen any Assessment or Response, or to include any Assessment or Response in the Site, and may exclude or remove any Assessment or Response from the Site for any or no reason without liability or notice.
- User Content
- Claims of Infringement
U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Interviewed infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Interviewed to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Interviewed a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to Interviewed Copyright Notice, 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA (copyright @ indeed.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.
- Account Security
Your account may not be shared, except as authorized under a multi-user or multi-administrator subscription agreement. You are solely responsible for activity that occurs on Your account and it is Your responsibility to protect Your personal data and maintain the confidentiality of Your user information and password. You are also responsible for immediately notifying Interviewed of any unauthorized use of Your account, or breach of Your account information or password. Interviewed will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, You shall be liable for any expenses and reasonable attorney’s fees for Your failure to safeguard user and password information and/or promptly notify Interviewed about unauthorized use of Your account or breach of Your account information or password.
- Enforcing Security
Actual or attempted unauthorized use of the Service may result in criminal and/or civil prosecution. For Your protection, we reserve the right to view, monitor, and record activity on the Service without notice or further permission from You, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site.
- Third Party Links
The Service may give You access to links to third-party websites (“Third Party Sites”). Interviewed does not endorse any of these Third Party Sites and does not control them in any manner. Accordingly, Interviewed does not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect Your personal information and privacy on such Third Party Site.
You agree to defend, indemnify and hold harmless Interviewed from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your violation of any term of this Agreement; (b) your use of, and access to, the Site or Service; (c) your loss of, or disclosure of, information gained from using the Site or Service; (d) your violation of any applicable laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (f) any claim that your content caused damage to a third party. You also agree that you have a duty to defend us against such claims. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, settlements and disbursements. This defense and indemnification obligation will survive this Agreement and your use of the Service.
- Disclaimer and Limitation of Liability
THE SITE, SERVICE, AND ALL MATERIALS, INFORMATION, ASSESSMENTS, RESPONSES, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE OR SERVICE, ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. INTERVIEWED EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY ASSESSMENT OR RESPONSE THAT HAS BEEN PROVIDED TO INTERVIEWED IS VALID OR ACCURATE, THAT ANY COMMUNICATION (INCLUDING WITHOUT LIMITATION ASSESSMENTS AND RESPONSES) WILL REACH THE INTENDED RECIPIENT, THAT THE INTENDED RECIPIENT OF THE COMMUNICATION SENT AT YOUR REQUEST WILL READ IT, OR THAT THE INTENDED RECIPIENT OF YOUR COMMUNICATION WILL ACT UPON IT. INTERVIEWED EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. INTERVIEWED DISCLAIMS ANY WARRANTY THAT INTERVIEWED ASSESSMENTS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED.
EXCEPT FOR YOUR BREACH OF SECTION 7 (CONFIDENTIALITY) OR INDEMNIFICATION AMOUNTS PAYABLE HEREUNDER, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO INTERVIEWED BY YOU.
Interviewed may suspend the Service, the Site, your account, or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying Interviewed at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Texas, United States of America, if you are located in the United States, or the laws of Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Travis County, Texas, U.S.A., if you are located in the United States, or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A, if you are located in the United States of America, or Dublin, Ireland, if you are located elsewhere.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.
- Class Action Waiver
By using the Site and in return for the services offered by Interviewed, you acknowledge that Interviewed can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue Interviewed 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 Interviewed regarding your use of the Site. Additionally, as a Job Seeker, your use of the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to section 11 above.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Interviewed. This Agreement, together with any amendments and any additional agreements you may enter into with Interviewed in connection with the Service, shall constitute the entire agreement between you and Interviewed concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and an Interviewed employee shall not constitute an amendment or alteration of this Agreement.
By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users. The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Interviewed’s proprietary rights in them.
You understand and acknowledge that Interviewed or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. Interviewed reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.
Any notices to Interviewed must be sent to the applicable Interviewed entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Service. Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your account interface).
You may not assign or delegate any of your rights or obligations hereunder without Interviewed’s prior written consent and any such attempt is void. Interviewed may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, Interviewed may assign any agreement between you and Interviewed to any related Interviewed entity by informing you of such assignment. Interviewed and you are not legal partners or agents, but are independent contractors.
- Use of the Service by Minors
The Site is not directed to individuals under the age of fourteen (14), but if you are under the age of 18 or the age of majority in your jurisdiction, you must use the Service under the supervision of a parent or legal guardian, or responsible adult.