Verint Intelligent Interviewing LLC

Website and Platform

Terms of Use

Last Modified: July 2, 2021

These terms of use are entered into by and between you and Verint Intelligent Interviewing LLC (together with its affiliates, “Verint,” “Company,” “we,” or “us”), which operates the Verint Intelligent Interviewing (“VII”) website and platform. The following terms and conditions, together with any policies expressly incorporated by reference (collectively, “Terms of Use” or “Agreement”), govern your access to and use of the VII website available at vii-verint.com (the “Website”), as well as the VII application (the “Application”) (collectively, the “Services”). This Terms of Use also governs any content, functionality, and services offered on or through the Website and/or Application. Please read the Terms of Use carefully before you start to use the Website and/or Application.

THIS AGREEMENT INCLUDES A MANDATORY AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE “AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER” SECTION BELOW ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. DO NOT ACCESS OR USE ANY OF THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.

Acceptance of the Terms of Use

By using the Website and/or Application, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at /docs/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website and/or Application.

This Website and/or Application is offered and available to users who are 18 years of age or older. By using this Website and/or Application, you represent and warrant that you are of legal age to form a binding contract with Verint and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website and/or Application.

Changes to the Terms of Use

We may modify, update, and/or discontinue these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and/or Application thereafter.

Your continued use of the Website and/or Application following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this webpage from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and/or Application and Account Security

We reserve the right to withdraw or amend the Website and/or Application, and any service or material we provide on the Website and/or Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website and/or Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website and/or Application, or the entire Website and/or Application, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website and/or Application; and
• Ensuring that all persons who access the Website and/or Application through your internet connection are aware of these Terms of Use and comply with them.

To access the Website and/or Application, or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and/or Application that all the information you provide on the Website and/or Application is correct, current, and complete. You agree that all information you provide to register with the Website and/or Application or otherwise, including, but not limited to, through the use of any interactive features on the Website and/or Application, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website and/or Application or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and/or Application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Verint, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website and/or Application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website and/or Application, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website and/or Application for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website and/or Application or any services or materials available through the Website and/or Application.

If you wish to make any use of material on the Website and/or Application other than that set out in this section, please address your request to: .

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website and/or Application in breach of the Terms of Use, your right to use the Website and/or Application will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website and/or Application or any content on the Website and/or Application is transferred to you, and all rights not expressly granted are reserved by Verint. Any use of the Website and/or Application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

Verint’s name, the Verint and VII logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Verint or its affiliates or licensors. You must not use such marks without the prior written permission of Verint. All other names, logos, product and service names, designs, and slogans on this Website and/or Application are the trademarks of their respective owners.

Consent

In some situations, we may obtain your voice recording(s). By using the Website and/or Application, you give consent to Verint to record your image, likeness, and/or voice on a photographic, video, audio, digital, electronic, or other medium. You also consent for Verint to use, reproduce, modify, exhibit and/or distribute any such recording, in whole or in part, in any manner or medium now known or hereafter. Please refer to our Privacy Policy for more information.

User Contributions

The Website and/or Application may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website and/or Application.

All User Contributions must comply with the “Content Standard and Prohibited Content” section set forth below in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website and/or Application, you expressly grant to Verint a royalty-free, sublicensable (through multiple layers of sublicensees), perpetual, transferable, non-exclusive, worldwide license to use, sell, reproduce, adapt, translate, sublicense, publicly perform, publicly display, and make derivative works from and otherwise exploit, all such User Contributions in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purposes of posting such User Contribution on the Website and/or Application, distributing such User Contributions through the Verint distribution and publishing network and in job alerts to job seekers, and to promote Verint and the Services. This license continues even if you stop using the Services.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Verint, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website and/or Application.

Application

The Application is an online tool for the provision and review of skills assessments selected by Employers (“Assessments”) and responses from you (“Responses”) through the Services. Employers may use the Application to send you Assessments, to which you may provide Responses. After you provide a Response, the Employer will be able to use the Application to review the Response.

An Assessment evaluates particular skills. It does not evaluate your qualification for any job. Whether a particular skill is relevant to a job, or whether you are qualified or appropriate for a job, is decided solely by the Employer sending the Assessment and reviewing your Response. Receiving or responding to an Assessment does not guarantee a job or job offer, or a job offer at any particular salary, or any further communication or action by any Employer. An Employer is the sole party to determine whether a Response indicates you are qualified. The Employer is the sole party to determine whether to consider any retaken Assessments as part of their hiring process.

You acknowledge and understand that Employers (or their employment agencies) select which Assessments to associate with their job openings, and that Verint does not choose the Assessments sent by Employers and has no control over Employers’ selection or use of Assessments. You agree that the questions in any Assessment are solely being asked by the Employer sending the Assessment. You further agree that Verint is not responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law, and that the responsibility for offering any such alternative method lies solely with Employers. If you require an accommodation, or any alternative method(s) of Assessment, screening or application, you must indicate it to the Employer. Verint does not warrant that the method of delivery of any Assessment question is compliant with the Americans with Disabilities Act or any equivalent or similar law.

You agree and acknowledge that the usefulness and value of Assessments and Responses depend on their contents being kept confidential. You therefore agree to keep the content of Assessments and Responses confidential and to not reproduce or discuss them with anyone, except that you may communicate with an Employer about an Assessment they have sent to you and your Response.

You consent to your Responses, applications, and any other communications being processed and analyzed by Verint according to this Agreement and Verint’s Privacy Policy. You are requesting and authorizing Verint to make your Response available to the Employer providing the Assessment. You understand that this is without warranty, and that Verint reserves the right to display or reformat Responses in a manner to permit Employers to review your Response together with Responses from other applicants. Verint may aggregate the results of all applicants for the purpose of displaying the percentile for Your Response. You also acknowledge that once you have requested that Verint transmit your Response to an Employer, that request cannot be canceled. Verint does not guarantee that any Employer will receive, access, read or respond to any Response, or that there will be no mistakes in the transmission of the data. However, Verint may alert you when any of the above events occur.

Verint does not act as an employment agency by offering the Assessments. By using the Assessments, you acknowledge and agree that Verint is not procuring employees for Employers or procuring opportunities to work for you. Verint merely provides a tool enabling Employers and applicants to exchange Assessments and Responses as they determine. The sole responsibility for the content of any Assessment or Response, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of Assessments, is solely with Employers or you as applicable.

You may have the opportunity to provide Verint with certain demographic information about yourself, such as your race and ethnicity, gender, age, LGBTQ+ community membership, and disability status (“Demographic Information”). By choosing to provide your Demographic Information, you agree that Verint may use it to evaluate and improve our products, and share aggregate summaries of job seeker information with employers. If you do not want your Demographic Information to be used in this way, do not provide it to Verint (or, if you have already provided your Demographic Information to Verint, you can request it be removed). You further acknowledge and agree that another applicant’s Demographic Information is personal information, and to the extent permitted by law you waive any right to request or view Demographic Information pertaining to any other applicant.

Prohibited Uses

You may use the Website and/or Application only for lawful purposes and in accordance with these Terms of Use.

Prohibited Activities:

You agree not to use the Website and/or Application:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the “Content Standard and Prohibited Content” section set out below in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate Verint, a Verint employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website and/or Application, or which, as determined by us, may harm Verint or users of the Website and/or Application, or expose them to liability.

Additionally, you agree not to:

• Use the Website and/or Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website and/or Application, including their ability to engage in real time activities through the Website and/or Application.
• Use any robot, spider, or other automatic device, process, or means to access the Website and/or Application for any purpose, including monitoring or copying any of the material on the Website and/or Application.
• Use any manual process to monitor or copy any of the material on the Website and/or Application, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website and/or Application.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website and/or Application, the server on which the Website and/or Application is stored, or any server, computer, or database connected to the Website and/or Application.
• Attack the Website and/or Application via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website and/or Application.

Content Standards and Prohibited Content

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Prohibited Categories of Personally Identifiable Information

You are prohibited from posting any User Contributions containing any categories of personally identifiable information (“PII”) not specifically requested by us (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such PII may lead to identity theft and other adverse consequences. Verint may remove any such PII, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website and/or Application or the public, or could create liability for Verint.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website and/or Application.
• Terminate or suspend your access to all or part of the Website and/or Application for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website and/or Application. YOU WAIVE AND HOLD HARMLESS VERINT AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY VERINT DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER VERINT OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review all material before it is posted on the Website and/or Application, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Reliance on Information Posted

The information presented on or through the Website and/or Application is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website and/or Application, or by anyone who may be informed of any of its contents.

This Website and/or Application may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Verint, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Verint. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Information About You and Your Visits to the Website and/or Application

All information we collect on this Website and/or Application is subject to our Privacy Policy. By using the Website and/or Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You agree to Verint knowing, processing, analyzing, and recording any and all activities you make with the Services and any and all interactions and communications you have with, on, or through the Services, including, but not limited to, knowing, processing, analyzing, and recording which areas of the Services are visited (including without limitation URLs), which content is viewed, which information is input, whether and where you click, scroll, hover-over, mouseover, or otherwise interact with or communicates with or through the Services, the timing of each activity, and time spent on each activity. Verint collects data from you using the Services in private browsing mode, “incognito mode,” or similar modes. You agree that Verint may create, store, process, analyze, and record any and all such interactions, activities, and communications made with, on, or through the Services, and that such activities are an extension of the Services. The Services cannot work as Verint intends unless Verint undertakes such activities.

Linking to the Website and/or Application and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website and/or Application may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Website and/or Application.
• Send emails or other communications with certain content, or links to certain content, on this Website and/or Application.
• Cause limited portions of content on the Website and/or Application to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website and/or Application or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website and/or Application other than the homepage.
• Otherwise take any action with respect to the materials on the Website and/or Application that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the “Content Standard and Prohibited Content” section set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website and/or Application

The Website and/or Application may contain links to other websites and resources provided by third parties. These third-party websites are not controlled or operated by us. This includes links contained in advertisements, including banner advertisements and sponsored links. We are not responsible for examining or evaluating the content or accuracy of these websites and the materials available thereon. We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website and/or Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Please carefully review any third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party content, representations, or goods or services should be directed to the third-party.

Geographic Limitations

The owner of the Website and Application is based in the State of New York in the United States. We provide this Website and/or Application for use by persons located in the United States. We make no claims that the Website and/or Application or any of its content is accessible or appropriate outside of the United States. Access to the Website and/or Application may not be legal by certain persons or in certain countries. If you access the Website and/or Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Relationship of the Parties

Nothing in these Terms of Use shall be construed as making either party the partner, joint venturer, employer, professional employer organization, contractor, or employee of the other. Neither party shall have or hold itself out to any third party as having any authority to make any statements, representations, or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

Except as set out these Terms of Use, only you and Verint may enforce these Terms of Use as this contract is between you and Verint; no other party shall be entitled to enforce the terms of this Agreement.

Once you provide information via the Services and Verint provides the information to a potential employer (“Employer”) (whether in the form of a job application, resume, email, or otherwise), Verint does not have control over the Employer’s use or disclosure of that information. If you want to request the Employer delete, modify, or maintain confidence over any such information, you must make such a request directly to the Employer. When you indicate your interest in a job listing or by RSVPing to a hiring event you are sending your resume and application information to Verint, and you are requesting and authorizing Verint to make available such application information to the applicable Employer(s) for such job listing(s).

If you require alternative methods of screening or application you must approach the Employer directly to request such as Verint is not responsible for the Employer application process.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website and/or Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE AND/OR APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE AND/OR APPLICATION LINKED TO IT.

YOUR USE OF THE WEBSITE AND/OR APPLICATION, THE RESPECTIVE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR APPLICATION IS AT YOUR OWN RISK. THE WEBSITE AND/OR APPLICATION, THE RESPECTIVE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER VERINT NOR ANY PERSON ASSOCIATED WITH VERINT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE AND/OR APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER VERINT NOR ANYONE ASSOCIATED WITH VERINT REPRESENTS OR WARRANTS THAT THE WEBSITE AND/OR APPLICATION, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE AND/OR APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

VERINT ASSUMES NO RESPONSIBILITY, AND DISCLAIMS ALL LIABILITY FOR PROCESSES INVOLVING EMPLOYERS, INCLUDING EMPLOYER ASSESSMENT PROCESS, SELECTION OF QUESTIONS, AND DECISION-MAKING PROCESS AND DECISIONS. IF YOU ARE UNABLE TO ACCESS THIS APPLICATION DUE TO A DISABILITY, VERINT IS NOT RESPONSIBLE FOR PROVIDING AN ALTERNATE ASSESEMENT PROCESS, WHICH MAY BE AVAILABLE AND/OR PROVIDED BY YOUR POTENTIAL EMPLOYER.

TO THE FULLEST EXTENT PROVIDED BY LAW, VERINT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE WEBSITE AND/OR APPLICATION AND ANY SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS AND VERINT MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF INFORMATION ON THE SITE OR ANY LINKED THIRD-PARTY SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

VERINT DOES NOT GUARANTEE THE VALIDITY OF A JOB OFFER AND CAUTIONS YOU TO VERIFY THE VALIDITY OF A JOB OFFER BEFORE TAKING AN ADVERSE ACTION REGARDING YOUR CURRENT EMPLOYMENT SITUATION. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY OF ANY EMPLOYER OR JOB OFFER.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL VERINT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE AND/OR APPLICATION, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE AND/OR APPLICATION OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Verint, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website and/or Application, including, but not limited to, your User Contributions, any use of the Website’s and/or Application’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website and/or Application. You further release Verint and agree not to assert any claims against Verint with respect to (i) your use of the Website and/or Application, (ii) the use or sharing of your Responses or other User Contributions between Verint and an Employer, or (iii) any action or inaction by any Employer, including, without limitation, the manner in and purposes for which an Employer may make use of the Application or your Responses or other User Contributions.

Governing Law and Jurisdiction

All matters relating to the Website and/or Application and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website and/or Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the County of Suffolk, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Agreement to Arbitrate and Class Action Waiver

These Terms of Use contains an Arbitration provision, which will, with limited exception, require you to submit disputes you have against Verint to binding and final arbitration to the extent that the laws of the jurisdiction where you reside permit the inclusion of an arbitration provision in these Terms of Use. You will only be permitted to pursue claims against Verint on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this section is enforceable, the following mandatory arbitration provisions apply to you:

A. Binding Arbitration

This section is referred to in these Terms of Use as the “Agreement to Arbitrate.” Unless you opt-out pursuant to the opt-out procedures set forth below, you agree that any and all disputes or claims that have arisen or may arise between you and Verint or its affiliates, whether relating to the Services, these Terms of Use (including any alleged breach thereof), or otherwise (each a “Dispute”), shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Agreement to Arbitrate. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes, each available at www.adr.org, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and Verint. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Verint may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

B. Restrictions

You and Verint agree that any arbitration shall be limited to the Dispute between Verint and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

C. Exceptions to Informal Negotiations and Arbitration

You and Verint agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Verint intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (3) any claim for injunctive relief.

D. 30 Day Right to Opt Out of Arbitration

You have the right to opt-out and not be bound by the arbitration provisions set forth in this section by sending written notice of your decision to opt-out to or to the U.S. mailing address listed at the bottom of this Agreement. The notice must be sent to Verint within thirty (30) days of your registering to use the Services or agreeing to these terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

E. European Union Online Dispute Resolution

If you are an individual located in the EU, you may also choose to bring your dispute to the online dispute resolution portal of the European Commission, available here: http://ec.europa.eu/odr.

F. Class Action Waiver

By using the Website and/or Application and in return for the Services offered by Verint, you acknowledge that Verint can only offer you these Services under the terms and conditions as presented herein. As partial consideration for your use of the Website and/or Application and these Services, you agree not to sue Verint 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 Verint regarding your use of the Website and/or Application. If you do not agree to any part of these terms, do not continue your use of the Website and/or Application.

Waiver and Severability

No waiver by the Verint of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Verint to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Verint regarding the Website and/or Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and/or Application.

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Website and/or Application should be directed to: .

Document History

This is an archived version of our Terms of Use. View the current version.