Terms of Use

Introduction

This document sets forth the terms and conditions Modern Hire (hereinafter, “Modern Hire” “We” or “Us”) imposes upon users of the Modern Hire website (the “Site”) and services offered by Modern Hire (the “Services”). By accessing or using the Site and/or Services, you accept the terms and conditions set forth below as well as the terms of the Modern Hire Privacy Policy (collectively the “Terms”). If you disagree with any part of the Terms, you must not use this Site or Services. We reserve the right to modify the Terms from time to time and you should review these 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.

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.

Acceptable Use

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.

Your Obligations

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 or responses on social media. 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 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.

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 Policy, which establishes the terms on which we process any personal data we collect from you, or that you provide to us applies to your use of the Site and the Services. By using the Site or the Services, you consent to such processing and you warrant that all data provided by you is accurate. Any information, material, or idea you submit on this Site will be considered non-confidential and non-proprietary except to the extent set forth in our Privacy Policy.

Availability

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.

Warranty Disclaimer

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 accuracy or completeness of any information contained on this Site or through our 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.

Links

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.

Force Majeure

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 Ohio.

Contact Information

Questions related to the Terms may be referred to Modern Hire at:

Modern Hire
3201 Enterprise Parkway, Suite 460
Cleveland, Ohio 44122
legal@modernhire.com
Effective Date:  November 1, 2019