XpertReview serves several different audiences; customers find it helpful
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
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
expressly incorporate 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
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
Objectionable Content – What if I find content to be objectionable?
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
1.2 Should XpertReview alter, amend, change, waive, terminate or modify any
Sending you electronic mail to the email address you provided when creating
your account (where available and applicable) or other means pursuant to
As otherwise required by law.
elect to terminate use of any of the XpertReview Services subject to these
1.4 If you continue to use any of the XpertReview Services after receiving
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.
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
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
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.
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.
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.
A Live Interview occurs when you connect with an Employer Customer or
Staffing Customer in real time through your webcam and microphone.
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
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
In addition to Video Interviews, Employer Customers and Staffing Customers
will be able to produce Welcome Videos for targeted Candidate Customers to
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
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
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,
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
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
(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
4.6.1 Intentionally or unintentionally violating any applicable local,
state, national, or international law, or any rules or regulations
4.6.2 Intentionally violating any intellectual property rights of a third
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
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 firstname.lastname@example.org .
by any other third party, you shall immediately notify XpertReview via email@example.com.
4.9 You assume all liability for anything purchased using XpertReview
Services through your Account, whether intended for you or for a third
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 firstname.lastname@example.org for
assistance. Upon doing so, the cancellation of your Account will take place
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
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
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 email@example.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
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
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
However, you may not frame any elements of XpertReview Services within any
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
incorporated by reference herein for the benefit of such third party
or license agreement, do not download or use the third party software or
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
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
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,
to intellectual property rights, whether by estoppel, implication or
otherwise. This license is revocable at any time without notice and with or
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.
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
(A) Your use of and/or connection to the Apps, Website, and/or XpertReview
(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;
(E) Information you sent, submitted, electronically received, viewed,
printed, downloaded, or transmitted through the Apps, Website, and/or
(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
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.
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
The failure of XpertReview to insist, in any one or more instances, upon
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.
No employee, agent or representative, including without limitation a
customer service representative, of XpertReview shall be entitled to waive