This Terms of Service Agreement (the “Agreement”) is a legal agreement between you (an individual or entity “You”) and Prehire Inc., a Delaware Corporation (“Company”) for use of the Interviewed website found at https://interviewed.com/ (“Site”), and all other services, features and content offered by the Company (collectively, the “Service”).

1. 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 Site 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.

2. Registration and Eligibility

When creating or updating an Account on the Service, You may be required to provide the Company with certain personal information. This information will be held and used in accordance with the Company’s Privacy Policy. You agree that You will supply accurate and complete information to the Company, and that You will update that information promptly after it changes. You further agree that:

– You shall not create an Account or access the Service if You are under the age of 13;

– If You are between the ages of 13 and 17, You represent that your legal guardian has reviewed and agreed to this Agreement;

– You shall not have more than one Account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;

– You shall not have an Account or use the Service if You have been previously removed by the Company.

3. Limited License

The Company grants You a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your own individual use subject to the other terms of this Agreement.

4. Fees

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.

5. Changes to the Service

From time to time and without prior notice to you, we may change, expand and improve the Site and 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 and absolute 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 Site and Service.

6. 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 conduct

Any such forbidden use shall immediately terminate your license to the Service.

7. User Content

“User Content” means any communications, images, sounds, and all the material, data, and information that You upload or transmit through the Service, including test responses and profile information. By transmitting or submitting any User Content while using the Service, You affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that You have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; (d) does not constitute unauthorized advertising or “spamming”; and (d) You acknowledge and agree that any of your personal information within such content will at all times be processed by the Company in accordance with its Privacy Policy.

You hereby grant Company and a perpetual, irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, You hereby waive any moral rights You may have in any User Content.

8. 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, 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 #320

San Francosc, CA 94103

9. Account Security

You understand that user accounts may not be shared and your account may only be used by the individual whose name is registered to that account. 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.

10. Enforcing Security

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, we reserve the right to view, monitor, and record activity on the Site 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.

11. Third Party Links

The Services 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.

12. Indemnity

You 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.

13. 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.

14. 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU

15. Termination

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. You may also 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.

16. Miscellaneous

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.

17. 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.

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