Terms of Use

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ConveyIQ Candidate Interface Terms of Use for Candidates

Effective as of May 25th, 2018

 

I.   INTRODUCTION

Please read these Terms of Use carefully before using the ConveyIQ Candidate Interface.

Thank you for visiting the ConveyIQ Candidate Interface, a portal website or mobile application provided by ConveyIQ, Inc. (“we” or “ConveyIQ”) on behalf of the applicable company with which you are interviewing or applying for a position (the “Employer”). The ConveyIQ Candidate Interface enables the Employer to manage and conduct their interviews with you.  By accessing or using the ConveyIQ Candidate Interface, including by conducting an interview or providing information through the ConveyIQ Candidate Interface, you agree to be bound by the following terms and conditions (these “Terms of Use”), including the disclaimers and limitations of liability contained herein. These Terms of Use are a binding legal agreement between you and ConveyIQ, and do not purport to supersede any legally binding agreements between you and Employer. The Employer may have its own terms that will apply to your relationship with it. If you do not agree to these Terms of Use, you may not use the ConveyIQ Candidate Interface.

1.   Electronic Signature and Disclosure Consent Notice

You agree to the use of electronic documents and records in connection with your registration for the ConveyIQ Candidate Interface and all future documents and records in connection with the ConveyIQ Candidate Interface—including without limitation this electronic signature and disclosure notice—and that this use satisfies any requirement that we provide you these documents and their content in writing. If you do not agree, do not accept these Terms of Use. You may (i) obtain a paper copy of any document or record, (ii) withdraw your consent to the use of electronic documents and records, or (iii) update your contact information, by emailing ConveyIQ at legal@conveyiq.com. To receive or access electronic documents and records, you must have the following equipment and software: (a) a device that is capable of accessing the Internet; (b) an Internet browser that supports at a minimum HTML 5.0 and TLS 1.2 encryption; and (c) software that permits you to receive and access Portable Document Format or “PDF” files. To retain documents and records, your device must have the ability to download and store PDF files. Your access to this page verifies that your system and device meets the above receipt, access, and retention requirements. Your clicking on the “I agree” checkbox and the “Continue” button below indicates your signature and your acceptance of this notice.

2.   Updates to and Acceptance of Terms of Use

From time to time, we may update these Terms of Use. If we do, we will note near the top of this page the date that any changes are made and/or when they become effective. You should revisit these Terms of Use on a regular basis, as revised versions will be binding upon you. Your continued use of the ConveyIQ Candidate Interface after the effective date of such changes to these Terms of Use will tell us that you agree to those changes.

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.

You hereby irrevocably grant ConveyIQ a worldwide, perpetual, non-exclusive, royalty-free, fully paid-up, assignable, sublicensable, transferable rights to use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, and prepare derivative works of the information and other content that you provide in connection with your use of the ConveyIQ Candidate Interface, for purposes of providing the ConveyIQ Candidate Interface to you and as otherwise described in these Terms of Use and the ConveyIQ Privacy Policy. You also agree that ConveyIQ may share any information you provide with the applicable Employer and as otherwise described in these Terms of Use and the ConveyIQ Privacy Policy.

2.   License to Use ConveyIQ Candidate Interface

Subject to your compliance with these Terms of Use, ConveyIQ grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to access and make personal use of the ConveyIQ Candidate Interface solely for the purpose of communicating and interviewing with an Employer. The foregoing license does not include any resale or commercial use or derivative use of the ConveyIQ Candidate Interface or its contents. The ConveyIQ Candidate Interface and its contents, and any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without ConveyIQ’s express written consent.

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.

You acknowledge and agree that third-party sites may have different privacy policies and terms and conditions than ConveyIQ. ConveyIQ does not verify, make any representations or take responsibility for such third-party sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed or any other activities conducted on or through such third-party sites.  You should carefully review the privacy policy and terms and conditions of each website you visit. ConveyIQ is not responsible for the content or privacy practices of such third-party sites.

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.

4.   Disclaimers

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.

IV.   PRIVACY 

The ConveyIQ Candidate Interface Privacy Policy is available at https://www.conveyiq.com/privacy/. This Privacy Policy may change from time to time, so review it with regularity and care. The Privacy Policy governs how the information that you provide from your use of the ConveyIQ Candidate Interface may be collected, used and disclosed by ConveyIQ.  By using the ConveyIQ Candidate Interface, you consent to this collection, use, and disclosure by ConveyIQ.

The ConveyIQ Candidate Interface Privacy Policy does not extend to the Employer that will have access to your information and other content you provide in connection with your use of the ConveyIQ Candidate Interface. The Employer may have its own privacy policy regarding its own policies and practices regarding your information. You are responsible for reviewing the Employer’s privacy policy. ConveyIQ is not responsible for what the Employer may do or not do with your information that you provide.

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

ConveyIQ and its licensors (and each of their respective successors and assigns) own the copyrights, trademarks, service marks, and trade dress rights to all materials and content  displayed on and from the ConveyIQ Candidate Interface (including visual interfaces, interactive features, graphics, designs, databases and their data, computer code, products, software and all other elements and components of the ConveyIQ Candidate Interface), but excluding such site content that is provided by Employer or another third party (the “Intellectual Property”). You may not reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any such materials or content to any third party (including displaying or distributing the material using a third party website) without ConveyIQ’s prior written consent except to use the ConveyIQ Candidate Interface for its intended purposes. ConveyIQ retains all rights that are not otherwise expressly granted in these Terms of Use.

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.

2.   Indemnity

You agree to indemnify, defend, and hold ConveyIQ harmless from any claims arising out of or relating to your actions, including, but not limited to, your use of the ConveyIQ Candidate Interface and any information you submit, post, transmit, or make available via the ConveyIQ Candidate Interface; failure to safeguard your passwords or other account information; or violating these Terms of Use, the ConveyIQ Candidate Interface Privacy Policy, or any other policy referenced in these Terms of Use, any applicable law or regulation, or the rights of any third party.

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 may suspend or terminate your access to all or any part of the ConveyIQ Candidate Interface at any time and for any reason, including for violation of these Terms of Use. In the event of termination, you are no longer authorized to use or access the ConveyIQ Candidate Interface, and you shall have no recourse and ConveyIQ shall have no liability as a result of any such termination.  All provisions of these Terms of Use relating to warranties, indemnities, confidentiality obligations, proprietary rights, and limitation of liability shall remain effective despite such termination.

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.

X.   DMCA

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:

307 W 38th St Suite 1605, New York, NY 10018
legal@conveyiq.com

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

Any questions regarding these Terms of Use should be directed to legal@conveyiq.com or 307 W 38th St Suite 1605, New York, NY 10018

 

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