Terms of Use

 

Last Updated August 2022

Introduction

Modern Hire, Inc. and its affiliates (hereinafter “Modern Hire”, “we” or “our”) operate this Website and the Modern Hire application platform (together referred to herein as the “Site”) and provides services through the Site (“Services”).  Our Site and Services include, but are not limited to, pre-employment assessments, digital/virtual interviews, scheduling, and/or other pre-hire experiences provided to our clients (i.e., employers) (without distinction, “Client” or “Employer”) for job applicants, candidates and/or job seekers (together “Candidates”) by connecting them with recruiters, hiring managers and/or further interviewers (collectively, “Recruiters”). Our Site and Services facilitate the Employer’s pre-employment processes, but Modern Hire does not participate in or otherwise make decisions with respect to the interview, assessment, evaluation, selection or hiring process.

These Terms of Use set forth the terms and conditions governing access to and use the Site and Services, including by Candidates, Recruiters and Employers (referred to herein collectively as “Users” or “you). By accessing or using the Site and/or Services, you accept the terms and conditions set forth in these Terms of Use as well as the terms and conditions set forth in our Privacy Notice (linked below) (collectively, “Terms”). If you disagree with any part of the Terms, you must not access or use the Site or Services. We reserve the right to modify the Terms from time to time and you should review the Terms periodically for such changes. Revised Terms will apply to use of the Site and Services from the date of the publication of the revised Terms. Additional terms of service for particular Services may exist in addition to these Terms and if so, are available through those Services and are in addition to and not in limitation of these Terms. If additional terms apply to a particular Service, you will be clearly notified of those additional terms in the Service.

Acceptable Use

You must not use the Site or the Services in any way that causes, or may cause, damage to, or impairment of the availability or accessibility of, the Site or Services or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Site or Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, or other malicious computer software.

The Services may be accessed by you for the purposes of completing an online digital/virtual interview, pre-employment assessment, job simulation, or other pre-hire experience. You may be provided access to the Services by the Employer that has asked you to complete the experience.

Your Obligations

You are responsible for your usage of the Site and/or Services, including any made using your account (i.e., your login ID and password), whether or not the use is made by you or someone else using your login ID and password. You are responsible for protecting and securing your login ID and password from unauthorized use. If you believe there has been a breach of security of your login ID or password, you must notify us immediately. You shall indemnify us (in this provision - including our affiliates, officers, directors, employees, consultants, agents, clients, licensors and their respective successors and assigns) and hold us harmless against any claim, damage, loss, liability or expense, including reasonable attorneys’ fees, arising out of your failure to comply with these Terms or any unauthorized use of your user account. You may not, in any way or by any means, rebroadcast or redistribute your access to or use of the Site or Services, including, but not limited to, posting such access and/or use on social media (including, but not limited to, your responses). You may not post or transmit any threatening, obscene, libelous, unlawful or otherwise offensive material. You may not use your user account to send any unsolicited communication (e.g., spam). You are not permitted to link the Site and/or Services to any other website or off-site web pages without our prior written permission.

License to use Site; Intellectual Property

Unless otherwise stated, Modern Hire and/or its licensors own the intellectual property rights in and to the Site, the Services and all material on and generated from the Site or the Services. Except as expressly permitted in these Terms, all intellectual property rights in the Site and Services are reserved to Modern Hire.

Subject to these Terms, we grant you a non-exclusive, non-transferable, limited right to access and use the Site and those Services for which an account has been established and approved. For the avoidance of doubt, a casual visitor to our Site who does not use our Services or establish an account on our Site does not acquire the license rights noted above. In connection with provision of the Site and Services, Modern Hire implements various capabilities and technologies, including, without limitation, rigorously developed and tested science, proprietary methodologies, algorithms, artificial intelligence, machine learning and similar processes, all of which are protected as Modern Hire’s intellectual property rights.

You shall not reproduce, duplicate, copy, republish, sell, lease or sublicense material from the Site or obtained by access to or use of the Services or otherwise edit or modify any material on the Site or obtained by access or use of the Services. You shall not sub-license, assign or otherwise transfer the rights granted to you in this clause. No other right, title, or interest in the Site or the Services is granted to you.

Privacy and Security

Our Privacy Notice, clarifies our obligations when we collect, use and/or transfer (“Process”) any personally identifiable data (“Personal Data”) we collect from you, or that you provide to us, or we use to provide our Services. By using the Site or the Services, and to the extent authorized by applicable law, you consent to such Processing of your Personal Data. You acknowledge and agree that we are not liable for any inaccurate data you provide to us through our Site or Services. When using the Site and/or Services, you may be asked to consent to our Processing in accordance with applicable data protection regulations (e.g., the General Data Protection Regulation (GDPR) for European Union residents). Any information, material, or idea you submit through the Site (not including your account credentials) should be and will be considered non-confidential and non-proprietary. Our Privacy Notice can be found here: MODERN HIRE PRIVACY NOTICE .

Warranty Disclaimer

Although we have made efforts to provide accurate information on the Site and the Services, neither we nor any of our Clients, employees, nor our affiliated companies, service providers, suppliers, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the timeliness or completeness of any information contained on the Site or through our Services and further does not make any warranty, express or implied or assume any legal liability (to the extent permitted by law) as to results that may be obtained from your use of the Site or Services. Access to the Site and/or Services may be suspended temporarily and without notice in the case of system failure, maintenance, repair or for reasons beyond our control.

THE SITE AND ALL MATERIALS AND SERVICES AVAILABLE ON THE SITE ARE PROVIDED BY MODERN HIRE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ANY WARRANTY AS TO SECURITY, ACCURACY AND NON-INFRINGEMENT, AND ALL OTHER WARRANTIES, WHICH MIGHT OTHERWISE ARISE FROM COURSE OF DEALING BETWEEN YOU AND US OR USAGE OF TRADE.

NEITHER MODERN HIRE, NOR ANY OF OUR CLIENTS, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE SITE, THE SERVICES OR ANY FUNCTION CONTAINED IN THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NOT ALL PRODUCTS OR SERVICES REFERENCED ON THIS SITE ARE AVAILABLE TO ALL PERSONS OR IN ALL GEOGRAPHIC LOCATIONS. WE RESERVE THE RIGHT TO LIMIT, IN OUR SOLE DISCRETION, THE USE OF ANY PRODUCT OR SERVICE TO ANY PERSON OR GEOGRAPHIC AREA. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER MODERN HIRE, NOR OUR CLIENTS, SERVICE PROVIDERS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM ANY USE OR THE INABILITY TO USE THE SITE OR SERVICES (INCLUDING CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITE LINKED TO EITHER THE SITE OR THE SERVICES), PERFORMANCE OR USE OF THE SERVICES, AS WELL AS UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES EXCEED THE AMOUNT PAID BY YOU TO US IN THE MONTH IMMEDIATELY PRECEDING THE CLAIM. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SITE OR SERVICES.

Breaches of these terms and conditions

Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Site and/or your use of the Services, prohibiting you from accessing the Site and/or the Services, blocking computers using your IP address from accessing the Site and/or the Services, and/or bringing court proceedings against you.

Links

The Site or the Services may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Modern Hire of the content on such third-party websites. Modern Hire is not responsible for the content of linked third party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you access linked third-party websites, you do so at your own risk and in accordance with the prevailing terms and conditions of such third-party websites.

Governing Law and Jurisdiction

These Terms will be governed by, and construed and enforced in accordance with, the laws of the State of Ohio, U.S.A. without regard to conflicts of law principles. You hereby unconditionally and irrevocably submit to the exclusive jurisdiction and venue of the state and/or federal courts located in Cleveland (Northern District) Ohio. By accessing and using the Site, and in return for the Services offered by the Site, you acknowledge that Modern Hire offers you access to our Site and Services subject to these Terms. As partial consideration for your access and use of the Site and the Services, you agree not to sue Modern Hire as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Modern Hire regarding your access or use of the Site or Services. Additionally, your access and use of the Site and Services in your capacity as a Candidate is at no charge and you acknowledge that part of the price you are paying to access and use this Site and Services is your acceptance of these Terms, including this class action waiver. If you do not agree to any part of these Terms, do not access or use (or continue your access or use) of the Site or Services. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to the forum requirements specified above.

Contact Information

Questions related to technical support may be referred to Modern Hire at:

support@modernhire.com

Questions related to the Terms may be referred to Modern Hire at:
Modern Hire, Inc.
3201 Enterprise Parkway, Suite 460
Cleveland, Ohio 44122
Phone:  800.451.1695
Email: legal@modernhire.com