This Terms of Service Agreement (the “Agreement
”) is a legal agreement between you and Prehire Inc., a Delaware Corporation (“Company
” or “we
” or “us
”) for use of the Interviewed™ website found at https://interviewed.com/ (“Site
”) and all services, features and content offered by the Company (collectively, the “Service
”). Our customers include our direct business customers who use the Service to help assess candidates for employment for their own companies (“Customers
”), as well as customers who provide the Service to or on behalf of other businesses seeking employment candidates (“Providers
”). Those businesses that use the Service through a Provider, through a paid arrangement with such Provider or otherwise through a website or platform of the Provider, are referred to herein as “Employers
.” The individual candidates who take our assessments are referred to herein as “End Users
.” All users of our service may be collectively referred to herein as “you
- Acceptance of Terms
Please read this Agreement carefully. 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. Any amended terms shall automatically take effect 10 days after they are posted on this Site. 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
- Limited License
The Company grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your own use subject to the other terms of this Agreement.
If you purchase any of our paid services, you agree to pay us the corresponding fees. Any subscriptions will renew for the original subscription period unless cancelled in accordance with the cancellation procedures available on the Site. You agree that we may use your payment information to charge you for subscription renewals.
- Changes to the Service
From time to time and without prior notice to you, we may change, expand and improve the Service. We may also, at any time, cease to continue operating part or all of the Service or selectively disable certain aspects of the Service or portions of the Site. Any modification or elimination of 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 Service do not entitle you to the continued provision or availability of the Service.
- Your Use of the Service
As a condition of using the Service, you agree not to use the Service for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Service and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree to the following: – You may not share your account information or permit anyone to access your account or complete any tests on your behalf– You may not resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service– You may not modify, reverse engineer, decompile or disassemble the Service– You may not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of the Company– You may not circumvent or disable any technological features or measures in the Service for protection of intellectual property rights– You may not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction– You may not use or access the Site or Service to compile data in a manner that is used or usable by a competitive product or service– You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone– You shall not use your Account to engage in any illegal conductAny such forbidden use shall immediately terminate your license to the Service.
- Customer/Employer Responsibilities
If you are a Customer or Employer, you acknowledge and agree that the Company provides limited tools and information that should only be used as a part of a larger, comprehensive applicant evaluation and hiring process. It is your responsibility to be familiar with the Uniform Guidelines on Employee Selection Procedures (“UGESP
“) issued by the U.S. Equal Employment Opportunity Commission (“EEOC
“) to help avoid cultural bias and unfair discrimination and ensure that only job-related selection techniques are used in hiring decisions. Customer/Employer, and not Company is responsible for making reasonable testing accommodations for End Users as required by applicable law, including, without limitation, the Americans with Disabilities Act of 1990 and any relevant EEOC. Customer/Employer shall not use honesty or integrity testing where forbidden by applicable law. Customer/Employer recognizes and agrees that: (i) Company is not involved in any communications between Customer/Employer and End Users regarding End Users’ employment or any other related topic, and Company has no control over or role in determining the legality, quality, or propriety of Customer/Employer’s hiring practices. COMPANY WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR CLAIMS OR LOSSES ARISING OUT OF OR RELATED TO CUSTOMER’S HIRING PRACTICES, INCLUDING WITHOUT LIMITATION CUSTOMER’S BREACH OF THIS SECTION 7.
- User Content
- Copyright Policy
The Company has implemented the following policy to help respect the ownership rights of creators: In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found at https://www.copyright.gov/legislation/dmca.pdf, the Company will respond expeditiously to claims of copyright infringement on the Site or through the Service. If you are a copyright holder and believe that your copyrighted material is being infringed on the Site or Service, you may provide our designated agent (listed below) with a written notice (“Infringement Notice
”) containing the information below. Your Infringement Notice may be forwarded to the party that made the content available. In order to file an Infringement Notice, please provide us with the following information: – An identification of the copyright claimed to have been infringed;– A description of the nature and exact location (URL if available) of the content that you claim to infringe your copyright;– Your name, address, telephone number and email address;– A statement by you (the copyright holder or such owner’s agent): (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law; (b) that all of the information contained in your Infringement Notice is accurate; and (c) under penalty of perjury, that you are the copyright owner or a person authorized to act on their behalf;– A physical or electronic signature of the copyright owner or other person authorized to act on their behalf; Such Infringement Notice may be sent to:Prehire, Inc.55 9th St #320San Francisco, CA 94103
- Account Security
Whether you are an End User or an authorized administrator under a Customer or Provider account, 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 the Company of any unauthorized use of your account, or breach of your account information or password. The Company 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 the Company 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
”). The Company does not endorse any of these Third Party Sites and does not control them in any manner. Accordingly, the Company 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.
. Customer hereby agrees to defend, indemnify, and hold harmless Company (including its officers, directors, Employees, agents, contractors, representatives, suppliers, subsidiaries, parents, affiliated companies, and insurers) from any third party claim, suit, or proceeding arising out or related to (a) Customer’s alleged or actual use of, misuse of, or failure to use the Service; (b) claims by End-Users of Customer, including without limitation claims alleging wrongful termination, discrimination in hiring, or other wrongdoing related to employment; (c) claims alleging breach of Customer’s obligations under Section 7; (d) claims alleging failures of the Service, security breaches, and faults in the Service leading to the release or exposure of personally identifiable information or other private data (whether such data belongs to Customer, to a User, or to other third parties); and (e) claims arising from Customer’s alleged or actual negligence, breach of this Agreement, or other violation of any law or the rights of a third party. Customer’s obligations set forth in this Section 13 include, without limitation, payment of losses, damages, judgments, settlements, attorneys’ fees, and other expenses and costs. Without limiting Customer’s rights or remedies, Company will have the right to refuse any settlement that restricts its rights granted under this Agreement, requires an admission of wrongdoing or liability, or subjects it to any ongoing obligations. Provider Indemnification.
Provider hereby agrees to defend, indemnify, and hold harmless Company (including its officers, directors, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, affiliated companies, and insurers) from any third party claim, suit, or proceeding arising out or related to (a) Provider or Employer’s alleged or actual use of, misuse of, or failure to use the Service; (b) claims by Employers and claims by End-Users of Employers, including without limitation claims alleging wrongful termination, discrimination in hiring, or other wrongdoing related to employment; (c) claims alleging breach of Employer’s obligations under Section 7; (d) claims alleging failures of the Service, security breaches, and faults in the Service leading to the release or exposure of personally identifiable information or other private data (whether such data belongs to Customer, to a User, or to other third parties); and (e) claims arising from Provider’s alleged or actual negligence, breach of this Agreement, or other violation of any law or the rights of a third party. Provider’s obligations set forth in this Section 13 include, without limitation, payment of losses, damages, judgments, settlements, attorneys’ fees, and other expenses and costs. Without limiting Customer’s rights or remedies, Company will have the right to refuse any settlement that restricts its rights granted under this Agreement, requires an admission of wrongdoing or liability, or subjects it to any ongoing obligations. End User Indemnification.
End Users hereby agree to indemnify and hold the Company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
- Warranty Disclaimer
THE SITE AND SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE AND SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, SERVICE, OR USER CONTENT. IN NO EVENT WILL THE COMPANY’s TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR USE OF OR INABILITY TO USE THE SERVICE, EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Company may terminate your license to use the Service with or without cause at any time, with or without notice. Should You breach this Agreement or fail to comply with any term of this Agreement, your right to use the Service shall terminate immediately and without notice. If you are an Employer or End User and your access to the Service is paid for or otherwise provided through a Customer or Provider, then your access to the Service is subject to an agreement between the Company and such Customer or Provider. Accordingly, upon termination of that agreement, or for any other reason, your access to the Service may be terminated. You may also choose to terminate this Agreement by simply discontinuing use of the Service. 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.
Any dispute arising from this Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SAN FRANCISCO COUNTY, STATE OF CALIFORNIA AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL. Any cause of action you may have with respect to your use of the Site and Service must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this agreement shall be admissible in judicial or administrative proceedings.
- No Class Actions
All claims between the parties related to this Agreement will be litigated individually and the parties will not consolidate or seek class treatment for any claim, unless previously agreed to in writing by the parties. BY USING THE SERVICE OR ACCESSING THE SITE OR SERVICE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.