BY SIGNING UP FOR USE OF THE Interview4.com PORTAL SITE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF Interview4.com'S ONLINE SERVICE, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE "SERVICE"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT REGISTER FOR AND MAY NOT USE THE SERVICE.
1. Introduction Interview4.com is a wholly owned Internet-based Service of Hire-Intelligence, LLC and operates under the Interview4 brand. Upon completing the required registration you become a member and user of Interview4. You will be provided access to the Interview4 portal Service, including a browser interface and data encryption, transmission, access and storage. The portal provides online access to Interview4 hiring management, job candidate and employee evaluations, and other services. In addition to many free services, Interview4.com allows you, at your option, to purchase credits which can be used to purchase available fee-based services. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the Interview4.com website incorporated by reference herein, including but not limited to Hire-Intelligence, LLC’s privacy and security policies. For reference, a Definitions section is included at the end of this Agreement.
2. Privacy & Security Disclosure Hire-Intelligence, LLC’s privacy and security policies may be viewed at http://www.Hire-Intelligence.com. Hire-Intelligence, LLC reserves the right to modify these privacy and security policies in its reasonable discretion from time to time. Note that because the Service is a hosted, online application, Hire-Intelligence, LLC occasionally may need to notify all users of the Service (whether or not they have opted out of other communications from Interview4.com and/or Hire-Intelligence, LLC) of important announcements regarding the operation of the Service. If you become a paying customer of the Service, you agree that Hire-Intelligence, LLC can disclose the fact that you are a paying customer and the edition of the Service that you are using and may use your company’s logo for marketing.
3. License Grant & Restrictions Hire-Intelligence, LLC hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Hire-Intelligence, LLC and its licensors.
You may not access the Service if you are a direct competitor of Hire-Intelligence, LLC, except with Hire-Intelligence, LLC’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.
You may use the Service only for your internal business purposes and shall not: (i) use the Service in any way that may violate third party privacy rights; (ii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (iii) attempt to gain unauthorized access to the Service or its related systems or networks.
4. Free Trials Hire-Intelligence, LLC reserves the right to limit the term and number of free credits in any Free Trial offer at its discretion, and change these limits without notice.
5. Your Responsibilities You are responsible for all activity occurring under your User account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Hire-Intelligence, LLC immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Hire-Intelligence, LLC immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another Interview4.com user or provide false identity information to gain access to or use the Service.
6. Account Information and Data Hire-Intelligence, LLC does not own any data, information or material that you, or those to whom you have granted access to an Interview4evaluation, submit to the Service in the course of using the Service ("Customer Data"). You, not Hire-Intelligence, LLC, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Hire-Intelligence, LLC shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. Hire-Intelligence, LLC reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and Hire-Intelligence, LLC shall have no obligation to maintain or forward any Customer Data.
7. Intellectual Property Ownership Hire-Intelligence, LLC alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Interview4.com Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Interview4.com Technology or the Intellectual Property Rights owned by Hire-Intelligence, LLC . The Interview4.com name, the Interview4.com logo, and the product names associated with the Service are trademarks of Hire-Intelligence, LLC or third parties, and no right or license is granted to use them.
8. Charges and Payment of Fees You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All payment obligations are non-cancelable and all amounts paid are non-refundable. You are responsible for paying for all credits purchased by you, whether or not such credits are actively used to purchase services. You must provide Interview4.com with valid credit card or approved purchase order information as a condition to signing up for the Service. An authorized Administrator may purchase additional credits by executing an additional written Order Form or by using the Online Order Center directly purchasing them via the Portal with payment by valid credit card. Hire-Intelligence, LLC reserves the right to modify fees for the service at any time. All pricing terms are confidential, and you agree not to disclose them to any third party.
9. Billing and Renewal fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Hire-Intelligence, LLC's income.
You agree to provide Hire-Intelligence, LLC with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Hire-Intelligence, LLC reserves the right to terminate your access to the Service in addition to any other legal remedies.
If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
10. Non-Payment and Suspension In addition to any other rights granted to Interview4.com herein, Hire-Intelligence, LLC reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. If you or Hire-Intelligence, LLC initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that Hire-Intelligence, LLC may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
Hire-Intelligence, LLC reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that Hire-Intelligence, LLC has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.
11. Force Majeure Hire-Intelligence, LLC shall not be liable for delays or defaults in providing use of the Service, if such delays or defaults are due to: (a) acts of God, terrorism or a public enemy; (b) acts of the United States or any state or political subdivision thereof; (c) fires, severe weather, floods, earthquakes, natural disasters, explosions or other catastrophes; (d) embargoes, epidemics or quarantine restrictions; (e) shortage of goods, labor strikes, slow downs, differences with workmen or labor stoppages of any kind; (f) data destruction or acquisition due to unauthorized access or malicious software; (g) delays of a supplier or delay of transportation for any reason; or (h) other causes beyond the control of Hire-Intelligence, LLC, including, but not limited to, breakdown or failure of utilities, telecommunications networks, machinery or equipment, or delay in Customer reporting problems or furnishing information or materials.
12. Termination for Cause Any breach of your payment obligations or unauthorized use of the Interview4.com Technology or Service will be deemed a material breach of this Agreement. Hire-Intelligence, LLC, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, Hire-Intelligence, LLC may terminate a free account at any time in its sole discretion. You agree and acknowledge that Hire-Intelligence, LLC has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
13. Representations & Warranties Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Hire-Intelligence, LLC represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online Interview4.com documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your Payment Information is correct.
14. Mutual Indemnification You shall indemnify and hold Hire-Intelligence, LLC, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that Hire-Intelligence, LLC (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Hire-Intelligence, LLC of all liability and such settlement does not affect Hire-Intelligence, LLC.s business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.
Hire-Intelligence, LLC shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, a U.S. patent issued as of the Effective Date, or a trademark of a third party; (ii) a claim, which if true, would constitute a violation by Hire-Intelligence, LLC of its representations or warranties; or (iii) a claim arising from breach of this Agreement by Hire-Intelligence, LLC; provided that you (a) promptly give written notice of the claim to Hire-Intelligence, LLC; (b) give Hire-Intelligence, LLC sole control of the defense and settlement of the claim (provided that Hire-Intelligence, LLC may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provide to Hire-Intelligence, LLC all available information and assistance; and (d) have not compromised or settled such claim. Hire-Intelligence, LLC shall have no indemnification obligation, and you shall indemnify Hire-Intelligence, LLC pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, hardware or business process(s).
15. Disclaimer of Warranties Hire-Intelligence, LLC AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. Hire-Intelligence, LLC AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY Hire-Intelligence, LLC AND ITS LICENSORS.
16. Internet Delays Interview4.com'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. Hire-Intelligence, LLC IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
17. Limitation of Liability IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. Additional Rights Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
19. Local Laws and Export Control This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. The user of this site ("User") acknowledges and agrees that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000
Hire-Intelligence, LLC and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States, Swiss or European Union (including European Union Member States) law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government or appropriate European body for such purposes.
20. Notice Hire-Intelligence, LLC may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Hire-Intelligence, LLC's account information, or by written communication sent by first class mail or pre-paid post to your address on record in Hire-Intelligence, LLC.s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Hire-Intelligence, LLC (such notice shall be deemed given when received by Hire-Intelligence, LLC) at any time by any of the following: letter sent by confirmed facsimile to Interview4.com at the following fax numbers (whichever is appropriate): 1-516-453-7321; letter delivered by nationally recognized overnight delivery service or first class postage pre-paid mail to Interview4.com at the following address: Hire-Intelligence, LLC, Main Street, P.O. Box 2037, Gloucester, VA 23061.
21. Modification to Terms Hire-Intelligence, LLC reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
22. Assignment; Change in Control This Agreement may not be assigned by you without the prior written approval of Hire-Intelligence, LLC but may be assigned without your consent by Hire-Intelligence, LLC to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of Hire-Intelligence, LLC directly or indirectly owning or controlling 50% or more of you shall entitle Hire-Intelligence, LLC to terminate this Agreement for cause immediately upon written notice.
23. General With respect to U.S. Customers this Agreement shall be governed by Virginia law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Virginia. No text or information set forth on any other purchase order, preprinted form or document (other than an Order Form, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Hire-Intelligence, LLC as a result of this agreement or use of the Service. The failure of Hire-Intelligence, LLC to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Hire-Intelligence, LLC in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and Hire-Intelligence, LLC and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Questions or Additional Information If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail toinfo@Hire-Intelligence.com.