Candidate Privacy Terms And Condition

AGREEMENT

XpertReview serves several different audiences; customers find it helpful to read the Terms of Use that apply specifically to them based upon the purpose for which they use XpertReview.

The agreement below is for candidates who are seeking jobs.

XR Candidate module" serves and provide feature to an individual using XR Services who is seeking to be employed as an employee or independent contractor by an employer.

XPert Solutions, LLC, (Parent company for the flagship product "XpertReview" ) provides online services through which individuals seeking employment can efficiently and effectively interview with employers and staffing companies seeking to hire employees and independent contractors. XpertReview provides these services and its suite of features and products through its Apps and Website (collectively, “XpertReview Services”) subject to these terms of use ("Terms of Use") and the agreements incorporated herein.

Your privacy is very important to us. We designed our accompanying Privacy and Security Policy to provide important disclosures about how your information will be used by XpertReview in providing you XpertReview Services. These Terms of Use expressly incorporate our Privacy and Security Policy.

Please read these Terms of Use and our Privacy and Security Policy carefully before using any of the diverse XpertReview Services. By visiting the Website, installing any of the Apps, and/or using any of the XpertReview Services, you shall have affirmed your agreement to these Terms of Use.

Definitions

· Modifications – Will XpertReview ever modify these Terms of Use?

  • XpertReview Services - What are the XpertReview Services?
  • Video Content and Services – How and when do you record videos?
  • Pricing, Payments, and Billing – How and when will I be billed for XpertReview Services?
  • Customer Conduct
  • Objectionable Content – What if I find content to be objectionable?
  • General Terms

1. Modifications to Terms of Use


1.1 The Internet remains a dynamic communications forum and the law on Internet and online commerce remains just as dynamic, you understand that XpertReview may alter, amend, change, waive, terminate or modify any term contained within its Terms of Use at any time.


1.2 Should XpertReview alter, amend, change, waive, terminate or modify any term contained within these Terms of Use, it shall provide notice by:

(A) Posting the new Terms of Use to the Website, particularly xpertreview.com/terms;
(B) Sending you electronic mail to the email address you provided when creating your account (where available and applicable) or other means pursuant to these Terms of Use; and/or
(C) As otherwise required by law.


1.3 If we inform you that the Terms of Use have been modified, you may elect to terminate use of any of the XpertReview Services subject to these Terms of Use (particularly, there are no refunds).


1.4 If you continue to use any of the XpertReview Services after receiving notice that these Terms of Use have been modified, any continued use shall constitute acceptance of the modified Terms of Use and be subject to them.


1.5 We may ask that you acknowledge your agreement to any modified Terms of Use. However, even if we do not do so, your continued use of XpertReview Services will be subject to the modified terms.


1.6 You agree to review these Terms of Use and the incorporated documents periodically to be updated of any such changes.


1.7 The act of placing a web page (URL) into a temporary file on your browser so that you may return to that page at a future date directly without passing through certain preceding pages ("bookmarking") may under certain circumstances cause you to bypass links to these Terms of Use. Should you use such bookmarks and skip links to modified Terms of Use, your continued use still constitutes acceptance of these Terms of Use.

2. XpertReview Services


2.1 XpertReview provides Internet based services through which individuals seeking employment can efficiently and effectively interview with employers and staffing companies seeking to hire employees and independent contractors.


2.2 XpertReview provides XpertReview Services through its Apps and Website, and all other suite of features, products and services offered through XpertReview from time to time.


2.3 XpertReview will not sell any Video Content to any third party.


2.4 Video Content and Services XpertReview provides its XpertReview Customers a variety of video options and tools to use in association with the XpertReview Services. As a Candidate Customer, you can create Profile Videos and Video Interviews.


Video Interviews

XpertReview offers three ways in which you may be invited to participate in video interviews. All of the video interviews created through XpertReview Services remain confidential with the Employer Customer or Staffing Customer for whom you interviewed.

  • SA Interview

A One-Way Interview involves a job candidate recording on their own time through XpertReview Services video answers to questions presented to them by an Employer Customer or Staffing Customer.

  • One on One Interview

A Live Interview occurs when you connect with an Employer Customer or Staffing Customer in real time through your webcam and microphone.

  • Open Interview

An Open Interview is similar to a One-Way Interview except that an Employer Customer or Staffing Customer can send you a link through which you can self-register for an Open Interview.


If you choose to participate in a Live Interview using your webcam and microphone through XpertReview Services, you authorize XpertReview to allow the participants in the Live Interview to see and hear you. You also authorize XpertReview to record the Live Interview. You also authorize XpertReview to store each recorded Live Interview on its servers in the Account associated with the Employer Customer or Staffing Customer with whom you interviewed.


Similarly, if you choose to participate in a One-Way Interview or Open Interview using a webcam and microphone, you authorize XpertReview to record the interview. You also authorize XpertReview to allow the Employer Customer or Staffing Customer for whom you completed the interview to see and listen to the recorded interview. Finally, you authorize XpertReview to store each recorded interview on its servers in the Account associated with the Employer Customer or Staffing Customer for whom you interviewed.


Apart from XpertReview, only the Employer Customer or Staffing Customer with and/or for whom you have interviewed will have access to any particular recorded Video Interview. XpertReview will not use any recorded Video Interviews for any purpose unrelated to the Accounts of those participating in and/or related to the Video Interviews.

Once the candidate receives the link for the interview and before the start of the interview, he/ she has to accept the terms and condition document listed here which makes sure and creates an entry in the Log database against the client who schedules the interview, candidate name and date and time as Acceptance Marked.

The recorded Interview video file is stored in Secured Cloud. To know more about the security click here .(www.xpertreview.com/security)

Client and XpertReview would store candidate profile and video recording on the cloud storage and Client may decide to purge the data time to time as and when they deem necessary

XpertReview may use the recorded candidate video for any Analytics purpose to represent and provide better representation of the interview result to the client.

Apart from the Employer Customer or Staffing Customer with and/or for whom you have interviewed, XpertReview will not share or provide access to Video Interviews to any third party absent a subpoena or court order. And, should XpertReview ever be subpoenaed for content associated with your Account, XpertReview shall provide you notice and an opportunity to file a motion objecting to any disclosure.


As a Candidate, you may not create your own recordings of any Video Interviews. You authorize XpertReview to employ reasonable security measures to prevent unauthorized recording of Video Interviews. Any effort to circumvent such measures shall be a violation of these Terms of Use.


In addition to Video Interviews, Employer Customers and Staffing Customers will be able to produce Welcome Videos for targeted Candidate Customers to view.

XpertReview may add additional types of video content from time to time.

In Addition to Video Interview, XpertReview feature expect the candidate to download an executable file and allow the XpertReview to capture the screen of candidate activity during the interview.

Candidate must and should understand the fact that, downloading an executable is not mandatory but preferred while taking video interview

By Downloading candidate is accepting the terms for Xpertreview to capture the screens that are open on browser or desktop during the interview process

The screen shot captures by XpertReview are uploaded back to the server and available to the Client.

XpertReview will not share this screen capture information to any 3 rd party or not used by itself for any other purpose than evaluating the candidate interview performance

Screen shots captured from candidate screen is only used by the Client to evaluate the interview performance


2.5 No Guarantees of Employment- XpertReview is not an employment agency. XpertReview does not make any representations as to the qualifications of any individual, entity or employer.
Additionally, where an individual, entity, group or employer successfully secures employment, XpertReview makes no guarantees or representations as to the satisfaction of such employment.
Additionally, XpertReview does not guarantee that any individual or entity will find employment or an employee through XpertReview Services.


2.6 Deletion of Content. Except as provided elsewhere in these Terms of Use, all Customer Content and Video Content will no longer be accessible to you upon deletion or termination of your Account.


2.7 Changes to Service. XpertReview reserves the right at any time to modify or discontinue, whether temporarily or permanently, any aspect of the XpertReview Services, in whole or in part. Any modifications to any of the XpertReview Services, including the releases of new features, tools or resources, shall be subject to these Terms of Use. Sometimes, updates to XpertReview’s Software and/or code may require your computer to install additional third party software. XpertReview will provide you with notice of any major changes or modifications in the same manner as described in Section 2. Absence of any notice beyond changes in the XpertReview Services shall not affect the enforceability of these Terms of Use.

4. Conduct

4.1 Lawful Purposes. XpertReview Services shall be used for lawful purposes only. Candidate must represent himself/herself during entire process of interview.


4.2 Accurate Information. You agree to provide XpertReview with true, accurate and current information as requested when registering for XpertReview Services and/or purchasing products from XpertReview.


4.3 At time of registration, you must provide certain information that identifies you to other XpertReview Customers. In doing so, you may not violate a third party's intellectual property rights or use names that happen to be offensive or inappropriate.


4.4 You shall be solely and entirely responsible for any and all use of the XpertReview Services through your Account. Consequently, we recommend and require that:

(A) You not permit any other person to use your XpertReview Account;

(B) You do not assign or transfer your Account or its login information to any other person or entity; and,

(C) You promptly inform XpertReview of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a XpertReview Account or its login information.

4.5 Reserved for Future Use.


4.6 You agree that you shall not use XpertReview Services for any of the following:
4.6.1 Intentionally or unintentionally violating any applicable local, state, national, or international law, or any rules or regulations thereunder;

4.6.2 Intentionally violating any intellectual property rights of a third party;

4.6.3 Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information;

4.6.4 Disseminating materials that are lewd, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by XpertReview in its sole discretion;

4.6.5 Posting or transmitting, or causing to be posted or transmitted, via the XpertReview Services any nudity;

4.6.6 Posting or transmitting, or causing to be posted or transmitted, via the XpertReview Services any spam;

XpertReview maintains a strict policy forbidding any spam or misuse of email services within its XpertReview Services.

4.6.7 Posting or transmitting, or causing to be posted or transmitted, via XpertReview Services any materials advertising any business other than XpertReview;

Additional and/or different rules may apply in the event XpertReview dedicates a special forum in the future to the promotion and/or offering of services by XpertReview Customers.
4.6.8 Seeking to obtain private financial information from any Consumer;

4.6.9 To impersonate any other person;

4.6.10. To provide any false information;

4.6.11. Registering or attempting to register an account with XpertReview without its express authorization after having been terminated or suspended by XpertReview for any reason; and/or
4.6.12 Attempting to interfere with XpertReview's security measures.


4.7 Should you believe that a XpertReview Customer or person has violated any of the foregoing prohibited uses in 4.4, you should immediately notify XpertReview via support@xpertreview.com .


4.8 Upon learning of any error, omission or violation of these Terms of Use by any other third party, you shall immediately notify XpertReview via support@xpertreview.com.


4.9 You assume all liability for anything purchased using XpertReview Services through your Account, whether intended for you or for a third party.

4.10 Cancellation of Account. You may cancel your Account at any time. Before doing so, XpertReview recommends you review these Terms of Use carefully so you understand what will occur upon cancellation particularly in relation to payments for XpertReview Services.
To effectively cancel the Account, please contact us at support@xpertreview.com for assistance. Upon doing so, the cancellation of your Account will take place promptly.

Upon cancellation, all of your Content will be deleted permanently. XpertReview shall not be responsible for the loss of any Content due to the cancellation (or termination) of a XpertReview Account.
XpertReview is not responsible should an Account remain active if the cancellation procedure described above is not followed.


4.11 Termination of Account. XpertReview reserves the right to refuse its XpertReview Services to anyone should it believe that the XpertReview Services have been abused. For a non-exclusive list of what XpertReview considers abuse, you should refer to Section 5.6 above. Though specific prohibited items have been listed, XpertReview reserves the right to consider any action or conduct inconsistent with the intended use of XpertReview Services to constitute abuse.

Should XpertReview believe that the XpertReview Services have been, will be, or are being used for any unlawful purpose and/or used in violation of any of these Terms of Use or any other XpertReview agreement or policy, XpertReview may (a) terminate an account immediately; (b) refuse its XpertReview Services to anyone; and/or (c) take any further action as permitted by law.

Additionally, XpertReview may terminate a XpertReview Account immediately in the event that XpertReview believes, in its sole discretion, that a XpertReview Customer is "flooding" the XpertReview Services.

XpertReview also reserves the right to suspend or terminate a XpertReview Account should XpertReview become involved in pending litigation or other similar dispute with a XpertReview Customer in relation to the XpertReview Account, or for any other reason. Should a XpertReview Customer become involved in litigation or other similar dispute in relation to a XpertReview Account, XpertReview also may suspend or terminate the XpertReview Account immediately and without notice.

Should XpertReview become aware of litigation relating to a XpertReview Account, XpertReview reserves the right to preserve Content associated with the XpertReview Account.

5. Objectionable Content

XpertReview does not endorse any Customer Content made available via XpertReview Services. XpertReview reserves the right, but not the obligation, to delete posts and/or Content that it believes, in its sole discretion, violate these Terms of Use. However, the failure of XpertReview to delete any post and/or Content does not constitute an endorsement of it.


XpertReview is not responsible for any false, defamatory, libelous, or slanderous Content posted by its XpertReview Customers. If you believe any Content violates your rights or those of a third party in any way, you may contact XpertReview via suport@xpertreview.com.

6. Intellectual Property Rights

6.1 Software. XpertReview Services and any necessary software used in connection with the XpertReview Services ("Software") contain proprietary and confidential information protected by applicable intellectual property and other laws. XpertReview or its licensor holds all rights, title and interest in all Software and all intellectual property, including other rights related to intangible property, unless otherwise indicated. No title or interest in such intellectual property rights is being transferred to you and you agree to make no claim of interest in any such Software. Except as expressly authorized by XpertReview or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part.


6.2 Copyright. XpertReview shall possess and retain all copyrights to content created by XpertReview (“XpertReview Content”). XpertReview may use content obtained from third party sources. All rights to such third party content remain with the owners of such third party content.
You shall possess and retain all interest in your Profile Videos. You do not have any interest in any Video Interviews in which you participate. Moreover, as stated elsewhere, any Video Content associated with an Account may be destroyed upon cancellation or termination of an account. All copyrights in Customer Content shall remain with the applicable owners of such copyrights.
By using XpertReview Services, you provide XpertReview a license to use your Customer Content and Video Content for purposes of providing XpertReview Services in relation to your Account.
You may link to our Website from your own websites and other third party websites, so long as you do so in accordance with these Terms of Use. However, you may not frame any elements of XpertReview Services within any other website.

Your use of any third party software or content obtained through the XpertReview Services does not transfer to you any rights, title or interest in or to the third party software or content. Further, you agree that you shall not use any third party software or content made available to you through the XpertReview Services except as expressly authorized under the applicable third party provider's terms of use or license, which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the third party providers' terms of use or license agreement, do not download or use the third party software or content.

6.3 Trademarks. You agree to not use XpertReview Trademarks or any mark that is confusingly similar to such trademarks. Nothing on or through the XpertReview Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of XpertReview Trademarks. XpertReview reserves the right to restrict the use of its name, system, logo, and trademarks. You agree to comply with any and all such restrictions.

For purposes of displaying your Account and content associated with it, you permit XpertReview to use your name and trademark, if applicable. You also allow XpertReview to use your name and trademark in a manner consistent with fair use. Upon receiving written request consistent with Notices provided herein, XpertReview will remove your name and/or trademark except as necessary to continue providing you with XpertReview Services.

All other companies' names, brand names and product names are trademarks or trade names of their respective owners who may or may not endorse, be affiliated with or connected to XpertReview. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the XpertReview Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws

6.4 Destruction of Materials. Should you violate these terms regarding intellectual property, you must delete any materials obtained in violation of these Terms of Use immediately upon notice or upon realizing possession of such materials violate these Terms of Use, whichever is earlier.

6.5 Limited License. All XpertReview Content is the proprietary property of XpertReview and/or its licensors, with all rights reserved. No XpertReview Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without XpertReview's prior written permission. Provided that you are eligible for use of XpertReview Services and retain all copyright or other proprietary notices intact, you are granted a limited license to access and use the XpertReview Services and the XpertReview Content, including a limited license to download or print a copy of any portion of the XpertReview Content to which you have properly gained access solely for your use in relation to the XpertReview Services. You may not upload or republish XpertReview Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. This limited license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the XpertReview Services or XpertReview Content without the prior written permission of XpertReview, other than as specifically authorized herein, is strictly prohibited and shall immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

6.6 Unauthorized Access or Circumvention. As stated above, XpertReview takes the privacy of its XpertReview Customers very seriously. In this context, it also takes seriously any effort to circumvent the technology it has implemented to protect the privacy and the security of information on its servers. Should any person attempt to obtain or obtain unauthorized access to XpertReview servers and/or should any XpertReview Customer attempt to exceed or exceed his/her/its authorized access to XpertReview servers, XpertReview shall consider such conduct to violate the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, which provides for civil and criminal penalties. Additionally, depending on the circumstances, such conduct could also violate the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et eq. and the Stored Communications Act, 18 U.S.C. § 2701, et seq., both of which also provide for civil and criminal penalties. XpertReview considers the unauthorized access to and/or download of any Video Content fall within the scope of this prohibited conduct. Moreover, XpertReview shall consider any approval or knowledge of a third party’s efforts to engage in the foregoing prohibited conduct as willful cooperation in such conduct.

7. RESALE OF SERVICE

Unless otherwise agreed to in writing by XpertReview, you agree not to reproduce, duplicate, copy, sell, resell, outsource, reverse engineer or exploit any portion of, the use of, or access to XpertReview Services.


8. INDEMNIFICATION

You agree to indemnify and hold XpertReview harmless against and from any claim, demand, expenses, or losses, including reasonable legal fees (including but not limited to attorney's fees, paralegal fees, costs and expenses), made by any third party against XpertReview due to or arising out of:

(A) Your use of and/or connection to the Apps, Website, and/or XpertReview Services;

(B) Your sharing of any content obtained through use of the Apps, Website, and/or XpertReview Services to any third party;

(C) The use of any content downloaded from the Apps, Website, and/or XpertReview Services to your computer and/or servers;

(D) Your violation of these Terms of Use;

(E) Information you sent, submitted, electronically received, viewed, printed, downloaded, or transmitted through the Apps, Website, and/or XpertReview Services;

(F) Any misuse, intended or unintended, of any Video Content (and/or information conveyed therein) by you, your agents, your employees, your customers, and any other parties to whom information is provided; or

(G) Your violation of any rights of any other individual or entity, whether you are a registered user or not.

You are responsible for your actions when using the Apps, Website, and/or XpertReview Services, including, but not limited to, costs incurred for Internet access. In all cases, XpertReview shall have the right to choose its own counsel.

9. THIRD PARTY LINKS AND PRODUCTS

9.1 In connection with the Xpertreview services, Xpertreview may provide you with links to third party websites and offers for products and services of third parties.

9.2 Xpertreview neither monitors nor have any control over such third party websites, products, and services.

9.3 Xpertreview is not responsible for and does not endorse

(a) The availability or content of such third party websites;

(b) The products or services offered by such third parties;

(c) The use of or reliance upon such content, products, or services;

(d) Any loss or damage arising from any communications and/or transactions between you and third parties; and/or

(e) The privacy and other practices of such third parties.

9.4 Any correspondence or business transactions between you and such third parties are solely between you and any such third party.

9.5 Xpertreview specifically disclaims all warranties, express or implied, relating to third party products and services including, but not limited to, all implied warranties of merchantability and fitness for a particular purpose and non-infringement, except as otherwise specified in this agreement or where such disclaimers are held to be legally invalid.

9.6 Third party websites may solicit personal information and send cookies. the inclusion of a link to a third party website through the apps, website, and/or Xpertreview services does not imply endorsement of the linked third party website.

9.7 You also may be subject to additional terms and conditions that may apply when you use affiliate or other services provided by Xpertreview, third-party content or third-party software. Xpertreview specifically disclaims any liability for its customers failing to abide by third-party websites' policies and terms.

10.EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of some of the sections above may not apply to you.

10.1 Waiver.

10.1.1 No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

10.1.2 The failure of XpertReview to insist, in any one or more instances, upon the performance of any of the terms of these Terms of Use or to exercise any right hereunder, shall not be construed as a waiver of the future performance of any such term or the future exercise of such right.

10.1.3 No employee, agent or representative, including without limitation a customer service representative, of XpertReview shall be entitled to waive any term of these Terms of Use or any other XpertReview' agreement or policy.