By using the Site and/or Services, you agree to be legally bound by the Terms. These Terms apply to use of the Site and Services. 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.
You must not use this Site or the Services in any way that causes, or may cause, damage to the Site or Services 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 interview, pre-employment assessment, job simulation, or other recruitment-related experience. You may be provided access to the Services by the organization that has asked you to complete the experience. We may change the information on the Site or our Services at any time without notice.
You are responsible for usage of the Site and/or Services made using 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 and licensors) 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 Services, including, but not limited to, posting such access and/or use of the Services 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 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 material on and generated from the Site or the Services. All such intellectual property rights are reserved, subject to the license below.
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. 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.
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
Modern Hire will not be liable if, for any reason, the Site and/or Services are unavailable at any time or for any period. 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 Modern Hire’s control.
By accessing or using the Site or Services, you understand, acknowledge and agree that evaluation of talent and making talent management decisions involve consideration of many factors. The tools, features and functionalities provided through this Site or the Services, including any that may provide feedback directly to you as a user of the Site or Services (e.g., candidate feedback reports) are designed to provide recommendations to facilitate and support candidate selection but are not intended to be the sole or exclusive basis for candidate evaluation or talent management decisions. Modern Hire advises that the Site and Services (and any tools, features and functionalities incorporated into the Site and Services or output generated from the Site or Services) be used strictly as supplements to the independent and personal review by individuals responsible for hiring decisions. Modern Hire assumes no liability for your use of the Site or Services or for our client’s talent management activities.
Although we have made efforts to provide accurate information on the Site and the Services, neither we nor any of our clients (such as the organization that directed you to our Services), 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 this 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.
THIS SITE AND ALL MATERIALS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED BY MODERN HIRE ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MODERN HIRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY AND NON-INFRINGEMENT.
NEITHER MODERN HIRE, NOR ANY OF OUR 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. MODERN HIRE RESERVES THE RIGHT TO LIMIT, IN ITS 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, MODERN HIRE WILL NOT 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), 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 SIX (6) MONTHS 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 Modern Hire’s other rights under these Terms, if you breach the Terms in any way, Modern Hire 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.
This 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.
We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, if such delay or failure result from events, circumstances or causes beyond our reasonable control.
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 can only offer you these Services under these Terms. As partial consideration for your access and use of the Site and these 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 or applicant for employment 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 forum requirements specified above.
Questions related to the Terms may be referred to Modern Hire at:
3201 Enterprise Parkway, Suite 460
Cleveland, Ohio 44122
Effective Date: January 1, 2020