Verint II LLC

Terms of Use

Effective Date: March 7, 2022

These terms of use are entered into by and between you and Verint II LLC (together with its affiliates, “Verint”), 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”), govern your access to and use of the VII website available at vii-verint.com (the “Website”), as well as the VII platform used when logging in at the Website (the “VII Platform”, and together with the Website, the “Service”). These Terms of Use also governs any content, functionality, and services offered on or through the Service, as well as any information or data collected about you while using the Service, and any analysis, assessment and use thereof. Please read the Terms of Use carefully before you start to use the Service.

THESE TERMS OF USE INCLUDE A MANDATORY AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY AND ALL DISPUTES RELATED TO OR IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THERE IS A 30 DAY OPT-OUT RIGHT AS DETAILED BELOW.

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 OR COLLECTIVE ACTION.

DO NOT ACCESS OR USE THE SERVICE IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.

Definitions

In addition to the above definitions, the following defined terms are important to understand and are used throughout these Terms of Use:

“Assessment” means the creation, provision and review of selected skills by an Employer using the VII Platform.

“Employer” individuals and/or organizations seeking information relating to hiring of applicants, either on their behalf, or on behalf of others, including your current or prospective employers, agencies representing those employers, and/or employment agencies.

“Identifier” means biologically unique identifiers (including, without limitation, your voiceprint and/or image, likeness, or other unique physical characteristics) on a photographic, video, audio, digital, electronic, or other medium, and including the creation and/or use of such biometrics identifiers.

“PII” any and all personally identifiable information, whether as defined by law or otherwise.

“Registration Information” means information requested from you to register for the participation in an Assessment, including all PII and other information provided by you as a part of that registration process.

“Response(s)” means, collectively, the voluntary responses you provide to an Assessment, and the creation of Identifiers, each through your use of the Service.

“Usage Data” means administrative information, and information about how you access and use the Service, as further detailed in the VII Privacy Policy.

“User Contributions” means, Responses, any other content or materials you submit or transfer to Verint and/or Employers through use of the Service.

Acceptance of the Terms of Use

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

Age of Consent

The Service is not intended for use by those under the age of 18, nor are they targeted to those under the age of 18. If you use the Service, you hereby represent and warrant that you are at least 18 years of age. No one under the age of 18 may provide any information to, through or on the Service, register to use or in any way, directly or indirectly, use the Service.

Changes to the Terms of Use

Verint may modify and/or update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when Verint posts them and apply to all access to and use of the Service thereafter. Your continued use of the Service 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. Verint maintains an archive of these Terms of Use which you can access at the same location where these Terms of Use were obtained.

VII Platform

The VII Platform is an online tool enabling Employers to design and conduct Assessments with prospective applicants. Employers may use the VII Platform to send you Assessments, to which you may voluntarily provide Responses in your sole discretion. After you provide a Response, the Employer will be able to use the Service to review the Response, and obtain and retain a copy of such 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 or whether an Assessment can be retaken by you (and then whether to consider any retaken Assessments as part of their hiring process).

You acknowledge and understand that Employers (or their employment agencies) create each Assessment and select which Assessments to associate with their job openings, and that Verint does not design or 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. 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. If you require an accommodation, or any alternative method(s) of Assessment, screening or application, you must indicate it to the Employer.

You acknowledge and agree 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 are requesting and authorizing Verint to make your Response and other User Contributions available to the Employer providing the Assessment. 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, and 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 and/or complete an Assessment, 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 and Responses, is solely with and between Employers and/or you, as applicable.

User Contributions

The Service contains features that allow you to submit or transmit User Contributions to Verint and Employers through the use of the Service. 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 submit to the Service will be considered confidential information and subject to and used in accordance with these Terms of Use and our VII Privacy Policy. By providing any User Contribution on or through the Service, you expressly grant to Verint a royalty-free, sublicensable (through multiple layers of sublicensees), perpetual, transferable, worldwide license to use, reproduce, adapt, translate, sublicense, and make derivative works from User Contributions for the purposes of providing and/or transferring such User Contributions to Employers, and performing additional services with respect to those Employers. This license continues even if you stop using the Service.

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 Verint and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions are accurate and complete, 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.

Verint is not responsible or liable to any third party for the content or accuracy of any User Contributions submitted by you or any other user of the Service.

Information About You and Your Visits and Use of the Service

When using the Service, Verint may collect Usage Data. All Usage Data that Verint collects when you use the Service is subject to our VII Privacy Policy. As example, data may be collected from you automatically when you access or interact with the Service. You agree to Verint knowing, processing, analyzing, and recording any and all activities you make with the Service and any and all interactions and communications you have with, on, or through the Service, including, but not limited to, knowing, processing, analyzing, and recording which areas of the Service 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 communicate with or through the Service, the timing of each activity, and time spent on each activity. Verint collects Usage Data from you using the Service in private browsing mode, “incognito mode,” or similar modes. By using the Service, you agree to the collection, maintenance, and replay of this Usage Data to enhance your user experience. 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 Service, and that such activities are an extension of the Service. The Service cannot work as Verint intends unless Verint undertakes such activities.

You also agree that Verint is acting as a processor on behalf of the applicable Employer providing you with an Assessment to complete. You acknowledge that all such Responses and Usage Data provided to an Employer is subject to the privacy policy of that applicable Employer, and that Verint is not responsible for knowing the specific terms and conditions in that privacy policy, or for ensuring an Employer satisfies its obligations to you under that privacy policy. In the event you have any claims resulting from a violation of that Employer privacy policy, you hereby waive and release any and all rights to bring claims against Verint for such violation and agree to resolve any such disputes directly with such Employer.

Accessing the Service and Account Security

Verint reserves the right to withdraw or amend all or any portion of the Service, and any service or material Verint provides on the Service, in our sole discretion without notice. Verint will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, Verint may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Service. To access the Service, or some of the resources offered, you may be asked to provide certain Registration Information. It is a condition of your use of the Service that all Registration Information you provide on or through the Service is correct, current, and complete. You agree that all Registration Information you provide to register with the Service or otherwise, including, but not limited to, through the use of the VII Platform, is governed by our VII Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures (including, as example, access links), 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 the Service or portions of it using your username, password, or other security information. You agree to notify Verint 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 access session at the end of each session. You should use particular caution when accessing the Service from a public or shared computer so that others are not able to view or record your password, access links, or other personal information.

Verint has the right to disable any username, password, or other access protocols, whether chosen by you or provided by Verint, 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.

Consent

By using the Service, you give consent to Verint to, with respect to Employers, as required for the Service, and otherwise in accordance with these Terms of Use and the VII Privacy Policy:

• Collect, process, use and disclose your Registration Information, and disclose such Registration Information;
• Record and create your Identifiers, process such Identifiers as a part of the Service, and disclose such Identifiers;
• Process and disclosure your Responses and any other User Contributions, and otherwise use User Contributions in accordance with these Terms of Use; and
• Collect, process, use and disclose your Usage Data.

You agree that Verint may: (a) without restriction, use and disclose in aggregate, anonymous and de-identified form, information derived from your User Contributions and Usage Data where the resulting information does not in any way identify or allow the identification of you, and/or (b) access, use in accordance with the terms and conditions of these Terms of Use, but not otherwise use or disclose (except to Employers), your Registration Information, Usage Data and User Contributions for Verint’s internal business purposes, including for purposes of planning, support, administration and invoicing, and improving and/or creating enhancements to or new offerings related to the Service.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms of Use.

Prohibited Activities:

You agree not to use the Service:

• 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 Service, or which, as determined by Verint, may harm Verint or users of the Service, or expose them to liability.

Additionally, you agree not to:

• Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
• Use any manual process to monitor or copy any of the material on the Service, 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 Service.
• 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 Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Service.

Content Standards and Prohibited Content

These content standards apply to any and all User Contributions and use of the VII Platform. 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 VII Privacy Policy.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• 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 Verint or any other person or entity, if this is not the case.

Monitoring and Enforcement; Termination

Verint has the right to:

• Remove or refuse to submit any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that Verint deems necessary or appropriate in our sole discretion, including if Verint believes 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 Service 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 submitted 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 Service.
• Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, Verint has the right to cooperate fully with any law enforcement authorities or court order requesting or directing Verint to disclose the identity or other information of anyone submitting any materials on or through the Service. 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.

Verint cannot and does not undertake to review all material before it is submitted on or through the Service, and cannot ensure prompt removal of objectionable material after it has been submitted. Accordingly, Verint assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Verint has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Intellectual Property Rights

The Service 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 Service for your personal, non-commercial use only. Except with respect to the rights granted to you under these Terms of Use to access and use the Service, including the VII Platform, for the purpose of completing Assessments, no other rights are granted to you and all other rights are expressly reserved by Verint.

As a condition of your registration to use of the Service, you acknowledge and agree that the limited rights provided to you hereunder do not grant any rights not explicitly expressed. All other such rights and interests in the Service (including any derivatives thereto) are expressly reserved, owned by and remain vested in Verint and its third party vendor(s), and except for the limited use rights granted hereunder, you shall not assert any right, title, or interest in or to the Service, or portion thereof.

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.
• Repost or upload any illustrations, photographs, video or audio sequences, or any graphics from the Service to the internet or any public forum.

If you print, copy, modify, download, upload, post, share or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Use, your right to use the Service will stop immediately and you must immediately destroy any copies of the materials you have made. Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate Verint and its licensors’ intellectual property rights and/or 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 the Service are the trademarks of their respective owners.

Feedback

You may from time to time provide suggestions, comments or other feedback to Verint concerning the Service. You acknowledge and agree that any such feedback is provided on a voluntary basis only and you will not seek or be entitled to receive any compensation in any form for such feedback. Verint has no obligation to respond to feedback or to incorporate feedback into its products and services. You agree that all feedback, even if designated as confidential by you, shall not create any confidentiality obligation for Verint, and agrees that Verint is free to disclose and use such feedback, and any derivatives thereto, without restriction. By submitting feedback to Verint, you agree to assign and hereby does assign to Verint all right, title and interest in and to such feedback, and agree to perform all acts reasonably requested by Verint, at Verint’s cost, to perfect and enforce such rights.

Reliance on Information

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

The Service may include content provided by Employers as a part of the Assessment process, and also 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. Verint is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Linking to the Services 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 Services may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Services.
• Send emails or other communications with certain content, or links to certain content, on this Services.
• Cause limited portions of content on the Services 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 Services 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 Services other than the homepage.
• Otherwise take any action with respect to the materials on the Services 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 Service

The Service may contain links to other websites and resources provided by third parties, including Employers. These third-party websites are not controlled or operated by Verint. This includes links contained in advertisements, including banner advertisements and sponsored links. Verint is not responsible for examining or evaluating the content or accuracy of these websites and the materials available thereon. Verint is not responsible for the privacy, information, or other practices of any third parties, including any third party operating any site to which our websites contain a link. The inclusion of a link on any of our websites does not imply endorsement of the linked site by Verint. Once you leave our Service and are redirected to a third-party website or application, including through the use of links as described below, and including with respect to Employer websites, you are no longer governed by these Terms of Use or the VII Privacy Policy. Verint is not responsible for, and expressly disclaim all liability of any kind whatsoever arising out of, in connection with, related to, and/or resulting from any products, services, or information offered or provided by third-party service providers, or any of the activities of third-party service providers. Verint makes no warranty, express or implied, or guarantee regarding any third-party service providers, or any products, services, or information offered or provided by third-party service providers, or any activities of third-party service providers. If you decide to access any of the third-party websites linked to the Service, 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 Service is based in the State of New York in the United States. Access to the Service may not be legal by certain persons or in certain countries. When accessing the Service, 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; provided, an Employer shall have third party beneficiary rights, including the rights to enforce, with respect to you and your obligations hereunder. Verint is not a third party beneficiary of or liable for any agreements between you and an Employer, regardless whether Verint receives a fee from an Employer in connection with this Service. You acknowledge and agree that: (ii) any issues concerning the content of Assessments and/or Responses, issues arising from acceptance or denial of employment, or any other issues arising from your use of the Service, is solely with you and the applicable Employer, as applicable, and (ii) any rights you may have under any applicable employment, equality or discrimination laws, any laws regulating consumer or credit reporting agencies, may only be asserted against the Employer.

Once you provide information via the Service, including, without limitation, Registration Information, User Contributions and User Data, 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. Verint is a service provider appointed on behalf of the Employer and in the context of the Service and these Terms of Use, the Employer is the data controller and Verint is the data processor. You should understand that information should only be used by Employers in accordance with applicable law. However, Verint is not responsible for the actions of such Employers and the retention policy with respect to Registration Information, User Contributions and User Data is determined by the Employer.

Disclaimer of Warranties

You understand that Verint cannot and does not guarantee or warrant that files available for downloading from the internet or the Service 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, VERINT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL OR MALICIOUS ATTACKS THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL SUBMITTED ON IT, OR ON ANY SERVICES LINKED TO IT.

YOUR USE OF THE SERVICE, CONTENT, AND ANY OTHER ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, CONTENT, AND ANY OTHER ITEMS OBTAINED THROUGH THE SERVICE 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 SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER VERINT NOR ANYONE ASSOCIATED WITH VERINT REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY OTHER ITEMS OBTAINED THROUGH THE SERVICE 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 SERVICE, CONTENT OR ANY OTHER ITEMS OBTAINED THROUGH THE SERVICE 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.

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.

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.

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

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 SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY 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.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF VERINT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS EXCEED DIRECT ACTUAL DAMAGES, NOT TO EXCEED THE GREATER OF: (1) THE FEES PAID BY YOU TO VERINT DURING CALENDAR YEAR IN WHICH THE CLAIM OR SERIES OF CLAIMS (RELATED OR UNRELATED) AROSE, OR (2) TEN DOLLARS.

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: (1) your violation of these Terms of Use or your use of the Service, including, but not limited to, with respect to your User Contributions, any use of the Service other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Service, and (2) any claims relating to a dispute between you and an Employer. You further release Verint and agree not to assert any claims against Verint with respect to (i) your use of the Service, (ii) the use or sharing of your Registration Information, Responses or other User Contributions, or Usage Data by and 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 VII Platform or your Registration Information, Responses or other User Contributions, or Usage Data.

Governing Law and Jurisdiction

All matters relating to the Service 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).

To the extent contemplated in subsection C of the section entitled “Agreement to Arbitrate and Class Action Waiver” below, any such legal suit, action, or proceeding 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 Verint retains the right to bring any such suit, action, or proceeding against you in your jurisdiction of residence or any other relevant jurisdiction. 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, collective, or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. You further agree not to 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 Service. If you do not agree to any part of these terms, do not continue your use of the Service.

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 and Class Action Waiver.” 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 Service, these Terms of Use (including any alleged breach thereof), or otherwise, shall be resolved exclusively through final and binding arbitration, rather than in a lawsuit in court, in accordance with the terms of this Agreement to Arbitrate. A dispute also includes disagreement about this section’s meaning, application, or enforcement. 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, including its 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. 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 Arbitration

You and Verint agree that the following disputes are not subject to the above provisions concerning 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; (3) any claim for injunctive relief; (4) actions to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator, and (5) any claims over which a small claims court has jurisdiction.

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 arbitration-opt-out@verint.com. The notice must be sent to Verint within thirty (30) days of your registering to use the Service 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, Verint 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.

Waiver and Severability

No waiver by 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 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 VII Privacy Policy constitute the sole and entire agreement between you and Verint regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

Interpretation

The official language of these Terms of Use is, and all attachments, contract interpretations, notices and dispute resolutions shall be in English. Translations of these Terms of Use shall not be construed as official or original versions. Headings are for convenience only and do not define, interpret or limit the scope of any provision hereof. In all cases, the use of “includes/ing” shall mean “includes/ing without limitation”. Any reference to a law or statute in these Terms of Use shall be deemed to include any amendment, replacement, re-enactment thereof for the time being in force and to include any by-laws, statutory instruments, rules, regulations, orders, notices, directions, consents, or permissions (together with any conditions attaching to any of the foregoing) made in respect thereof.

Document History

Previous Versions of this document.