Effective as of May 25th, 2018
1. Electronic Signature and Disclosure Consent Notice
II. YOUR USE OF THE CONVEYIQ CANDIDATE INTERFACE
1. Your Account and Information
To use the ConveyIQ Candidate Interface, you may be required to register for an account on the ConveyIQ Candidate Interface website and provide information about yourself as prompted by the site registration form if this information has not already been provided by the Employer. As part of the registration for the ConveyIQ Candidate Interface, you agree to accurately furnish all contact and other information requested by ConveyIQ and notify ConveyIQ immediately of any change in the information.
ConveyIQ reserves the right to refuse or reject any request to create an account for any or no reason at ConveyIQ’s sole discretion. You are solely responsible for your account, your contact information and other information made available through your account or otherwise via the ConveyIQ Candidate Interface. You will use reasonable care to protect the confidentiality of your log-in information for your account, including any URL links, and will not share it with any other person. You will be entirely responsible for the conduct of any person using the ConveyIQ Candidate Interface or accessing your account through use of your log-in information.
2. License to Use ConveyIQ Candidate Interface
3. Your Use of the ConveyIQ Candidate Interface
By accessing or using the ConveyIQ Candidate Interface, you agree that you will not use the ConveyIQ Candidate Interface in any way that:
In addition, you represent and warrant that:
III. THIRD PARTY CONTENT; DISCLAIMERS
1. Third-Party Content
The ConveyIQ Candidate Interface includes content provided by third parties, including the Employer, and may also contain links to third-party sites (collectively, “Third-Party Content”). ConveyIQ does not take responsibility for any Third-Party Content. You understand that ConveyIQ has no obligation to, and generally does not, approve or monitor materials provided by third parties, including the Employer, through the ConveyIQ Candidate Interface.
UNDER NO CIRCUMSTANCES WILL CONVEYIQ BE LIABLE IN ANY WAY FOR ANY THIRD-PARTY CONTENT OR ANY THIRD-PARTY SITES, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR OTHERWISE TRANSMITTED VIA THE CONVEYIQ CANDIDATE INTERFACE.
2. Accuracy of Data
ConveyIQ makes no warranties or representations as to the accuracy, completeness or timeliness of the materials or content provided as part of the ConveyIQ Candidate Interface. ConveyIQ assumes no liability or responsibility for any errors or omissions in the ConveyIQ Candidate Interface. No warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any materials or content.
3. Security of Communications
ConveyIQ is committed to maintaining the security of the data you provide us and will take reasonable precautions to protect your personal information. However, there is always some risk in transmitting information over the Internet. Because the ConveyIQ Candidate Interface is provided through the Internet, you agree that when you use the ConveyIQ Candidate Interface, your communications may be intercepted by others. For this reason, ConveyIQ cannot guarantee the security and privacy of transmissions via the Internet, and you agree that we will not be liable for any lack of security relating to the use of the ConveyIQ Candidate Interface by you. You agree that you will not hold ConveyIQ liable for any damages resulting from any loss of privacy or security occurring in connection with any communications over such networks.
The CONVEYIQ CANDIDATE INTERFACE IS PROVIDED “AS IS,” AND CONVEYIQ: (i) MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (ii) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (iii) DOES NOT REPRESENT OR WARRANT THAT THE CONVEYIQ CANDIDATE INTERFACE IS OR WILL BE ERROR-FREE, WILL BE CONSTANTLY AVAILABLE OR THAT ACCESS WILL BE UNINTERRUPTED, WILL MEET YOUR REQUIREMENTS, OR WILL BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THE CONVEYIQ CANDIDATE INTERFACE. USE OF THE CONVEYIQ CANDIDATE INTERFACE IS AT YOUR SOLE RISK. CONVEYIQ MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED USING THE CONVEYIQ CANDIDATE INTERFACE. Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to you. In such event, such warranties are limited to the minimum warranty period allowed by the applicable law. Neither ConveyIQ, any of its employees or contractors, nor any other party involved in producing or delivering the ConveyIQ Candidate Interface, shall be held liable for any improper or incorrect use of the ConveyIQ Candidate Interface.
V. SUBMISSION OF FEEDBACK
If you submit a comment, suggestion or any other material (“Feedback”) to ConveyIQ related to the ConveyIQ Candidate Interface (excluding any illegal content), you hereby assign all ownership in and to such Feedback to ConveyIQ, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you. To the extent the foregoing is deemed ineffective, you also hereby grant to ConveyIQ a non-exclusive right to use, display, reproduce, modify and distribute the Feedback in whole or in part, anywhere in perpetuity in any and all media, whether alone or together or as part of any material of any kind or nature. Without limiting any of the foregoing, ConveyIQ will have the right to use, copy, display, perform, distribute, modify and re-format Feedback in any manner that ConveyIQ may determine. By submitting Feedback, you represent and warrant to ConveyIQ that you have all necessary rights in and to such Feedback and all information it contains and that such Feedback does not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
VI. OWNERSHIP OF INTELLECTUAL PROPERTY
VII. LIMITATION OF LIABILITY AND INDEMNITY
1. Limitation of Liability
YOU AGREE TO RELEASE CONVEYIQ, ITS AGENTS, EMPLOYEES AND CONTRACTORS FROM ANY AND ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE CONVEYIQ CANDIDATE INTERFACE. YOU AGREE TO INDEMNIFY CONVEYIQ, ITS AGENTS, EMPLOYEES AND CONTRACTORS AGAINST ALL SUCH CLAIMS, LIABILITIES AND LOSSES BROUGHT BY THIRD PARTIES. YOU FURTHER AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.
NEITHER CONVEYIQ, ITS AGENTS, EMPLOYEES NOR CONTRACTORS WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE CONVEYIQ CANDIDATE INTERFACE, EVEN IF CONVEYIQ, ITS AGENTS, EMPLOYEES OR ITS CONTRACTORS ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS IN CONTRACT AND TORT (SUCH AS NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU. Without limiting the foregoing, the ConveyIQ Candidate Interface IS provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
VIII. APPLICABLE LAW
Any dispute arising out of your use of the ConveyIQ Candidate Interface shall be resolved according to the laws of the State of California, United States of America, without giving effect to that state’s principles of conflicts of laws. The federal and state courts of the State of California shall have exclusive jurisdiction over all claims.
IX. SUSPENSION AND TERMINATION
1. Suspension or Termination by ConveyIQ
ConveyIQ reserves the right to modify, terminate and suspend the operation of the ConveyIQ Candidate Interface without notice or liability, at any time and for any or no reason in its sole and absolute discretion.
2. Cancellation of Account by You
You may choose to cancel your account at any time by contacting ConveyIQ via the contact information below. If you cancel your account, your information that was collected via the ConveyIQ Candidate Interface may be deleted.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on a website infringes their rights under U.S. copyright law. If you believe in good faith that material hosted by ConveyIQ on the ConveyIQ Candidate Interface infringes your copyright, you may contact ConveyIQ with your complaint regarding the allegedly infringing material and we will investigate that complaint.
The notice must include the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) a description of the infringing material and information sufficient to permit ConveyIQ to locate the material on the ConveyIQ Candidate Interface; (iv) the name, address, telephone number, and e-mail address (if available) of the complaining party; (v) 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 (vi) 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. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
Notices should be sent to:
589 8th Avenue, 9th Floor, New York, NY 10018
If we believe in good faith that the posted material violates applicable law, we will remove or disable access to such material, and we will notify the posting party that the material has been blocked or removed.
XI. CONTACT US
Service Level Objectives
This policy is in place as clarification of the referenced objectives in the Master Agreement for Services (“Agreement”), by and between ConveyIQ, Inc. (Vendor) and its clients (“Client”), on behalf of itself and for the benefit of its Affiliates.
In accordance with the terms of the service level objectives, Vendor agrees to make all commercially responsible efforts to adhere to the Service Levels set forth. Vendor intends to provide the Services in accordance with the minimum Service Levels set forth below for users connecting within the continental United States. Outages due to the hosting provider, customer infrastructure, or scheduled maintenance (as defined in section 3) will not count against these metrics.
|Monthly uptime for the Platform (availability)||99.9%|
|Average time to load a page on the Platform||4.0 seconds 90% of the time
5.0 seconds 100% of the time
2.1 Technical Support. Vendor shall provide Client with access to qualified Personnel, from 8am to 6pm ET, in connection with any unavailability, malfunction or defect in the Platform, via an e-mail address (firstname.lastname@example.org) and in-app chat support.
2.2 Error Classification Table. The following “Error Classification Table” definitions are used for classifying performance incidents. Client shall classify the severity level of Errors (“Severity Level”).
|Severity 1 (Critical)||The Platform is non-operative or significantly impaired. The Platform cannot be accessed or used without significant delay, if at all. No known work around is currently available.|
|Severity 2 (Degraded)||Functionality is not working as designed. There are known workarounds or business impact can be mitigated|
|Severity 3 (Minimal)||The Platform is experiencing issues that have little or no impact on daily business process.|
2.3 Response Expectation Table. The following “Response Expectation Table” specifies the level of response that Vendor will give to an incident at each step of the process based upon the assigned Severity Level. The Response Expectation Table specifies the maximum amount of time elapsed between Vendor’s time to begin each step. ConveyIQ will keep the client updated on estimated fix times as available.
|Severity||Step 1 (Identify & Notify Client||Step 2 (Temporary Fix)||Step 3 (Fix)|
|1 (Critical)||2 hours||Immediate and continuing best efforts, 24/7||Immediate and continuing best efforts, 24/7|
|2 (Degraded)||½ business day||3 business days||7 business days|
|3 (Minimal)||1 business day||Worked on a time available basis||As appropriate|
Vendor shall be entitled to perform scheduled maintenance on the Platform, provided that if such maintenance will create a deviation from the performance standards (a) Client will receive at least 48 hours prior written notice of the date, time and expected duration thereof and (b) such maintenance will (i) not exceed fifteen (15) hours in total per calendar month and (ii) where possible, be conducted at times likely to cause the least amount of disruption to the operation of the Client’s business.
For maintenance activities that are expected to last no more than 30 minutes, the Vendor has the right to perform these without prior notice during the low Platform usage times that occur between 3:00 a.m. and 8:00 a.m. EST.
Vendor shall also be entitled to perform unscheduled maintenance on the Platform for error correction and bug fixes. For incidents that do not require immediate action Client will receive notification at least four (4) hours prior to such unscheduled maintenance and such maintenance shall not be expected to exceed four (4) hours in total per calendar month and, where possible, will be conducted at times likely to cause the least amount of disruption to the operation of Client’s business. For incidents that require immediate action, Client will be notified as soon as feasible.
Client will communicate Severity 1 incidents to Vendor immediately or as soon as possible. Any Severity 2 or 3 incidents it discovers should be communicated to Vendor as soon as reasonably feasible.