Employer Legal Terms and Conditions

INTERVIEW AND HIRE

Terms of Use

Last updated: April 10, 2018

Dear User,

Welcome!

We are Interview and Hire (“I&H” or “we” or “us” or “our”), an online and mobile application-based workforce management platform comprising various features, content, products, tools, applications, packages and services (collectively, the “Services”), that enables and facilitates the connection and interaction of job seekers (“Job Seekers”), employers (“Employers”), recruiters (“Recruiters”) and vendors (“Vendors” collectively with Job Seekers, Employers, Recruiters and other visitors on the platform,  “Users” or “User” or “you” or “your”, and together with I&H, the “Parties” and each, a “Party”), for purposes of seeking employment and/or considering employment opportunities and the exploration of prospective suitability by and for Users (the “Platform”).

Any reference to Interview and Hire in these Terms of Use (the “Terms of Use”), as defined above, is a reference to our underlying company; full legal name, Interview and Hire Inc., and its subsidiaries, affiliates, successors and assigns.

These Terms of Use govern your visit, access to, and use of the Platform, and are binding upon you, effectively immediately. Note: any time you access and/or browse the Platform and/or use our Services you agree to be bound by and are subject to these Terms of Use, as amended and modified from time to time. Please read them carefully.

We may, at our sole discretion, modify or revise these Terms of Use and the Privacy Policy (collectively, the “Terms”) without notifying you of the changes made. Please note that you are nonetheless bound by any such changes made to the Terms, and your continued access, use and browsing of this Platform following any changes made to these Terms of Use, means you accept the changes made.

In the event of any conflict or inconsistency between the provisions of these Terms of Use and the Privacy Policy, the provisions of these Terms of Use shall control and govern.

1. User Accounts

Each User intent on actively using and exploring the breadth of the Platform’s Services, is required to signup and become a member of the Platform by creating an account (each, an “Account”) as described below. Users may be prompted to provide certain specific information depending on whether they are Job Seekers, Employers, Recruiters, Vendors or other visitors. Users may customize their Accounts by adding, editing and removing photos, videos, profile and other content and documentation. Users may also decide what information they would like to be accessible to the general public or other Platform Users or specific persons, by adjusting their privacy settings. See the Privacy Policy for more details on privacy settings.

Please note that we reserve the right to immediately terminate or suspend your Account or remove any writing, picture, audio, video or other posting on your Account or any part of the Platform, that we determine, in our sole and absolute discretion, to contain foul language, to be threatening, to be of a sexual nature or have sexual connotations, to be illegal, unethical, immoral, inappropriate, defamatory, predatory, discriminatory, derogatory, lewd, obscene, pornographic, violent, terroristic, non-truthful or otherwise disparaging.

 

2. How the Platform Works

A. How the Platform Works for Job Seekers

I. Services

The Platform is a comprehensive tool for Job Seekers to inter alia (i) search for Employers and Recruiters, (ii), post their resumes and employment related audio and video content, (iii) interact with prospective Employers and Recruiters, and (iv) interview with Employers and Recruiters.

The Services available for Job Seekers include, without limitation:

(i) resume posting and editing services;

(ii) e-learning services that enable Job Seekers to take certain courses posted by Employers, Recruiters and Vendors;

(iii) third-party online competency, aptitude, intelligence and other testing, for instance basic office procedures, clerical or particular software knowledge testing;

(iv) simple and innovative searching tool services that enable Job Seekers to connect with Recruiters and/or Employers so as to potentially land their dream job;

(v) online interview services with I&H’s video chat, mail and messenger;

(vi) Job Seeker advertising and marketing services that enable Job Seekers to best broadcast their profiles and competencies to Employers on the Platform, and for Employers’ viewership and consideration;

(vii) Employers’ option to provide essential Employer profile and background information services for Job Seekers before applying for potential employment and/or engagement with potential Employers, which include, without limitation (a) comprehensive advertisement and job availability/opportunity services, (b) Employer description and marketing video services for Job Seeker consideration and viewership, (c) Employer profile with performance ratings services for Job Seeker consideration and viewership, (d) Employer locational and departmental footprint services, (e) Employer hiring history services indicating hiring of tax credit eligible applicants, and (f) view of job availability services that shows remote and on site hiring opportunities;

(viii) direct Employer contact services that enable Job Seekers to contact potential Employers to view the Job Seekers’ profile;

 

(ix) a video medium service called Videofie™ that enables Job Seekers to answer pre-interview questions from Employer; and

 

(x) easy to use I&H comprehensive dashboard manager services.

 

II. Registration

To effectively use the Platform, Job Seekers would be required to:

(i) Signup, create an Account and become a member on to the Platform by entering basic information such as their name, e-mail address and creating a password;

(ii) Provide more detailed information such as profession, professional qualifications and memberships, employment history, academic history and qualifications, and hobbies and interests;

(iii) Provide an up-to-date resume;

(iv) Depending on their profession and/or industry requirements, provide certain supporting documentation, video or audio recordings of themselves or their work;

(v) Other relevant information;

(vi) Indicate industry, Employer and/or Recruiters the Job Seeker is interested in (a) working in, or (b) speaking to or being employed by, or (c) work with to get employment, as applicable; and

(viii) Indicate what Services and packages on the Platform the Job Seeker would like to subscribe to.

III. Professional Temps

Professional temps (“Temps”) refers to those Job Seekers that perform temporary work or assignments for Employers. Temps have to pay a recurrent fee (the “Temp Fee”) for every temp assignment they procure that is a minimum of two (2) weeks or seventy (70) hours. Temps are not permitted to circumvent I&H and seek Employers under the Platform without paying the Temp Fee. Any Temp that contravenes this requirement risks being banned from the Platform.

 

Temps must post:

 

(i) Basic test scores of the skills they posses, twice yearly; and

(ii) An hourly rate range they charge for their services.

 

Temps may optionally post any ratings they have received from previous assignments on the Platform.

 

B. How the Platform Works for Employers

I. Services

The Platform is a comprehensive tool for Employers to inter alia (i) place job listings of employment vacancies or opportunities, (ii) search for Job Seekers and Recruiters, (iii), post their profiles and employment related audio and video content, (iv) interact with prospective Job Seekers and Recruiters, and (iv) interview Job Seekers and Recruiters.

The Services available for Employers depending on package purchased include, without limitation:

(i) simple and innovative recruiting tool services for efficient hiring;

(ii) online interview services with I&H’s video chat, mail and messenger;

(iii) flexible advertising and marketing services to attract quality staffing;

(iv) optional essential Job Seeker profile and background information services for Employers before advertising for potential Job Seekers and/or engagement with potential Job Seekers, which include, without limitation (a) resume and education certification services, (b) Videofie, Speakfie™, Selfie™ and Talentfie™ services, (c) Job Seeker profile services that enable vetting and rating, (d) online Job Seeker testing services with results viewing capabilities, (e) Job Seeker eligibility info services for examining such metrics as Job Seeker eligibility for Employer tax credits, and (f) view of Job Seeker preference services which enable Employers to determine such metrics as preference for remote and on site jobs;

(v) direct Job Seeker contact services that enable Employers to contact Job Seekers to view the Job Seekers’ profile;

 

(vi) a video medium service called Videofie™ that enables Employers to request and receive Job Seeker answers via video to pre-interview questions from Employers and used as an advertising method and medium by Job Seekers for their profile and/or advertising a featured advertisement for all Users to view; and

 

(vii) easy to use I&H comprehensive dashboard manager services.

 

II. Registration

 

To effectively use the Platform, Employers would be required to:

(i) Signup, create an Account and become a member on to the Platform by entering basic information such as their name, e-mail address and creating a password;

(ii) Provide more detailed information about the Employer such as industry and brief profile;

(iii) Provide up-to-date job listings;

(iv) Depending on profession and/or industry requirements, provide certain supporting documentation, video or audio recordings of the Employer and/or the applicable job listing;

(v) Other relevant information; and

 (viii) Indicate what Services on the Platform the Employer would like to subscribe to.

C. How the Platform Works for Recruiters

I. Services

The Platform is a comprehensive tool for Recruiters to inter alia (i) advertise their services, (ii) place job listings of employment vacancies or opportunities, (iii) search for Job Seekers and Employers, (iv), post their profiles and employment related audio and video content, (iv) interact with prospective Job Seekers and Employers, and (iv) interview Job Seekers.

Recruiters, which include staffing agencies and employment agencies can only respond to Employer and Job Seeker ads upon the advertising Employer or Job Seeker indicating that they would like Recruiters to respond. Recruiters must reveal who they are when they engage Job Seekers.

II. Registration

To effectively use the Platform, Recruiters would be required to:

(i) Signup, create an Account and become a member on to the Platform by entering basic information such as their name, e-mail address and creating a password;

(ii) Provide more detailed information about the Recruiter such as industry, services and brief profile;

(iii) Provide up-to-date job listings;

(iv) Depending on profession and/or industry requirements, provide certain supporting documentation, video or audio recordings of the Recruiter, its services and/or the applicable job listing;

(v) Other relevant information; and

(viii) Indicate what Services on the Platform the Recruiter would like to subscribe to.

D. How the Platform Works for Vendors

I. Services

The Platform is a comprehensive tool for Vendors to inter alia (i) advertise their services by placing generic or targeted advertisements as well as promotional campaigns, coupons and codes directed at a specific User or specific Users or specific groups of Users or Users in general, and (ii) interact with Users.

Vendors can only interact with other Users to provide them with discount codes and other related communication, upon requesting and receiving permission from I&H and/or Job Seekers and/or Employers and/or Recruiters, by utilizing I&H communication methods and channels only (such as private mail or messenger). Vendors are prohibited from using off-Platform communication methods and channels. This Service is strictly to be used within the Platform for the benefit of our Users.

II. Registration

 

To effectively use the Platform, Vendors would be required to:

(i) Signup, create an Account and become a member on to the Platform by entering basic information such as their name, e-mail address and creating a password;

(ii) Provide more detailed information about the Vendors such as industry, services and brief profile;

(iii) Provide a description of the advertisements or promotional campaigns it wishes to place on the Platform;

(iv) Depending on the advertisement or promotional campaign, provide certain supporting documentation, video or audio recordings as may be requested by I&H; and

(v) Other relevant information; and

(viii) Indicate what Services on the Platform the Vendor would like to subscribe to.

 

 

E. Unique Services

Videofie™

As described above, Videofie™ is a unique video medium Service that we provide to Users, more particularly Job Seekers, that enables them to answer pre-interview or other type of questions and inquiries from Employers or other Users.

Speakfie™

Speakfie™ is a unique audio medium Service, that may or may not comprise an accompanying video, that we provide to Users, more particularly Job Seekers, that enables them to answer pre-interview or other type of questions and inquiries from Employers or other Users.

Selfie™

Selfie™ is a Service, not comprising accompanying audio or video, that we provide to Users, more particularly Job Seekers, that enables them to provide a personal photo to accompany their resume.

Selfie™ is strictly used for procuring a job as part of the comprehensive tools we allow for use as part of your profile.

Talentfie™

Talentfie™ is a unique audio and video medium Service, that we provide to Users, more particularly Job Seekers, that enables them to showcase any talents they have, for the benefit of Employers and Recruiters.

F. Minimum Age of Users

 

To sign up, create an Account, becoming a member of the Platform or otherwise access and use the Platform and our Services, you must at least be sixteen (16) years of age or the age of majority in your jurisdiction (the “Minimum Age”). Access and use of the Platform by anyone under the Minimum Age is not permitted. You hereby represent that as a User of the Platform and our Services, you are at least the Minimum Age.

G. Vetting of User

 

We may, in our sole discretion, subject you to comprehensive background vetting. The process, may comprise verifying your identity, checking for criminal records or use of third party services. You hereby consent to any number of background checks by I&H as we may consider necessary or as may be required under applicable law. You further agree to willingly and timely provide any information that we may requested as part of our background checks. Further, you hereby agree to provide any formal background or compliance documentation that we may request such as, without limitation, an affidavit, certificate of good standing or certificate of good conduct.

 

3. User Content; License

 

A. User Content

 

You are solely responsible for the accuracy and reliability of any and all content and information that you provide in you Account and post on the Platform, including, without limitation, all photos, background and profile information, videos, images, audio recordings, documents (such as resume for Job Seekers), articles and links (collectively, “User Content”). You hereby represent to I&H that any User Content that you provide in your Account and/or post on the Platform, is owned by you and/or is under your control and you have the right and authority in law to be in possession of, use and/or share. You further represent that your User Content does not violate any third party or other Platform User’s rights.

 

B. License

 

You hereby grant I&H a worldwide, non-exclusive, royalty-free, transferable, sublicensable, perpetual and irrevocable license in your User Content. Under the license, I&H shall have the right to use, translate, copy, modify, merge, display, process, download, adapt, store, reproduce, transmit, distribute, publish and create derivative works of your User Content, at its sole discretion without any recourse to you as to notice, permission and compensation, only subject to the following terms:

 

(i) Your right to share your User Content with third parties outside the Platform shall not be curtailed by this license;

 

(ii) Your right to modify or delete your User Content, including closing your Account altogether, at any time; provided, however, our license to your User Content will apply to any information you shared with other Users of the Platform, or that we manage to backup, store and/or retain;

 

(iii) We will not share your User Content with third parties in a manner that can be directly traced to you, such as in an advertisement, without seeking your consent; and

 

(iv) We will endeavor not to change the underlying substantive import of your User Content.

 

C. Veracity, Accuracy and Reliability of Information

 

Please note that whether or not we conduct a background check on any User, this should not be construed to mean that we have assumed responsibility for the accuracy or reliability of the identity of the User and the User Content posted by the User or any User for that matter.

 

You hereby represent that any and all User Content you provide or share with us or on the Platform is accurate, verifiable and reliable.

 

Further, any use of User Content on the Platform from other Users is solely at your own risk. We are not responsible for the accuracy, verifiability and reliability of User Content from other Users on the Platform, and make no representation as to the veracity of such User Content. If it is brought to our attention that any User Content is inaccurate we shall try to have it removed, clarified, modified or flagged within a reasonable period of time.

 

Please report or inform us of any inaccurate, misleading or suspicious User Content you encounter, as soon as it comes to your attention.

 

D. User Account Protection

 

You are solely responsible for the protection of the information in your Account. This includes any personal or payment information such as credit, debit or other card details you have stored in your Account. You are therefore advised to guard against third parties obtaining your username and password (collectively, “Login Information”) or sharing your Account with other persons. Always keep your Login Information secret, secure and confidential; do not write it down on any material or platform that a third party may come across or access. Be careful about your surroundings and people who may be observing your actions when logging into your Account in public places. Also, always be sure to log out of your Account when finished with your activities on the Platform.

You are solely responsible for maintaining the confidentiality of your Login Information and shall be fully responsible for all activities that occur under your Account. You agree to (i) immediately notify I&H of any unauthorized use of your Login Information or any other breach of security pertaining to the Platform, and (ii) ensure that you logout of your Account at the end of each session. I&H can not and will not be liable for any loss or damage arising from your failure to comply with this provision.

 

4. Subscription, Payments and Refunds

A. Subscription and Payments

Most of our Services are accessed by subscription. You are welcome to subscribe to as many Services as possible, however some Services can only be accessed depending on what type of User you are, i.e. Job Seeker, Employer, Recruiter, Vendor or other visitor.

You will be charged a fee (each such applicable fee, the “Subscription Fee” and collectively, the “Subscription Fees”) in order to subscribe to most Services on the Platform. We may have different packages and payment options for Subscription Fees. Packages may include, without limitation, monthly, quarterly or annual Subscription Fees.

As you use the Platform, we shall inform you if and what Subscription Fees or other payment obligations are applicable, to access certain Services on the Platform. We may require you to provide bank account or credit or debit card information as part of your Account registration process or you may be prompted to provide such information to meet applicable subscription obligations. You hereby agree to provide any payment information we may request. You further agree to us storing your payment information on the Platform or otherwise among our records. You hereby represent that any payment information you provide shall be current at all times, and that you shall update your payment information records as often as is needed to comply with this requirement.

All payments made on the Platform’s payment portal are subject to a third party processing service which may have its own privacy policy and terms of use that you may be bound by. We shall not be responsible for any errors of commission or omissions made by the third party payment processor in respect of any payments they may process using your payment information.

Any fees you may be required to pay in relation to your use of the Platform may be subject to deductions such as taxes, foreign exchange fees and third party processor fees. Any fees you shall be required to pay shall therefore be in excess of any applicable deductions.

 

Please note that we may change any applicable fees at any time without notifying you; provided, however, you shall not be charged any new fees shall not apply to on-going payments you have already made and are being processed. 

 

B. Non-subscription

 

Non-subscribing Users may access certain Services through making one-off payments of applicable fees. The Users may or may not be required to open Accounts on the Platform. Such Users shall be bound by and subject to these Terms and Use in all respects.

 

C. Free Trials and Promotions

 

We may incentivize potential Users by offering free trial and other promotional opportunities to use and access the Services on the Platform. Such Users shall be bound by and subject to these Terms and Use in all respects, subject to any further or reduced terms that may apply to the free trials or other promotions.

 

D. Refunds

You are not entitled to a refund of Subscription Fees in the event that you cancel the Services for whatever reason. You will be required to pay all outstanding fees, costs and charges associated with any cancellation you institute.

 

 

5.Service Access

We may at any time with or without prior notice, in our sole discretion, remove, modify or otherwise adjust any of our Services. This may include upgrading or deactivating certain Services. We may also interrupt, restrict, limit, suspend or terminate any User’s Account at any time on account of abuse or pending investigation.

6. Termination of Account

 

You may terminate your subscription or use of the Platform at any time. To terminate your use of the Platform, simply deactivate your Account. Upon termination of your Account, you will no longer be able to access most of the Services provided on the Platform. Please note that upon deactivating your Account, you shall not be refunded any Subscription Fees, and you may be required to pay outstanding fees, costs and charges that may have accrued.

 

You may later reactivate your Account by following the same process of registering used the first time you created your Account.

 

Equal Employment Opportunity

We comply with all city, state and federal laws that require and mandate equal employment opportunity. We therefore reserve the right to terminate any Employer or User Account that does not comply with Equal Opportunity Employer (as defined below) guidelines of New York State and/or other applicable city, state and/or federal laws.

“Equal Opportunity Employer” an Employer who agrees not to discriminate against any Employee or Job Seeker applicant because of race, color, religion, national origin, sex, physical or mental disability, or age.

 

7. Independent Contractor

This Agreement shall not be construed as creating a partnership, association or joint venture between you and I&H. The Parties understand, acknowledge and agree that the relationship under these Terms of Use is that of independent contractors and nothing in these Terms of Use is intended to or should be construed to create a relationship other than that of independent contractor. Nothing in these Terms of Use shall be construed as a contract of employment/engagement between the Parties.`

 

 

8. Intellectual Property Rights

A. Intellectual Property

I&H owns all right, title and interest in the intellectual property of the Platform and the Services, including, without limitation, all patents, patent applications, trademarks, trademark applications, service marks, trade names, trade secrets, inventions, copyrights, licenses and other intellectual property rights (collectively, the “Intellectual Property Rights”). Any rights not owned by I&H have been licensed by I&H from its licensors.

You hereby agree not to copy, reproduce, record, retransmit, sell, publish, distribute, share, store, modify or otherwise infringe on our Intellectual Property Rights.

B. Infringement

Upon becoming aware of any infringement of our or any of your or other Users’ or any third party’s intellectual property on the Platform, please contact us as soon as possible and we will make every effort to remedy the situation.

 

Notice of any infringement should be sent to our intellectual property agent at the following e-mail address:

 

C. Digital Millennium Copyright Act

Under the Digital Millennium Copyright Act, 17 United States Code Section 512(c)(3), notification of alleged copyright infringement must be addressed to our intellectual property agent and must include the following information:

We may, in our sole discretion, interrupt, restrict, limit, suspend or terminate the Accounts of any copyright infringers.

 

 

9. Disclaimer of Warranty

 

EXCEPT AS EXPRESSLY SET FORTH HEREIN (AND EXCEPT AS MAY BE REQUIRED BY LAW), I&H EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED, STATUTORY OR IMPLIED, WRITTEN OR ORAL, IN CONNECTION WITH THE SERVICES AND THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL MATERIALS PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.”

 

10. Limitation of Liability

EXCEPT AS MAY BE REQUIRED UNDER APPLICABLE LAW, IN NO EVENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WILL I&H BE LIABLE TO THE USER FOR ANY LOST PROFITS OR RETURNS, LOST SAVINGS, LOST EARNINGS, LOST INVESTMENT, LOST SUBSCRIPTION FEES OR SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, ARISING OUT OF THE USER’S USE OR INABILITY TO USE THE I&H PLATFORM AND/OR IN RELATION TO I&H PROVIDING THE SERVICES AND/OR THE USER CONTENT PROVIDED,  BY I&H OR OTHER USERS ON THE PLATFORM, OR THE BREACH OF THE TERMS OF USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Indemnification

In consideration of the User being bound by and subject to the terms of these Terms of Use, and in addition to all other rights and remedies available at law and/or in equity, the User agrees to defend, protect and indemnify I&H, its officers, managers, directors, shareholders, members, partners, limited partners, parent, affiliates, subsidiaries, employees, agents, representatives, successors and permitted assigns (collectively, the “Indemnitees”), and save and hold each of them harmless from and against, and pay on behalf of or reimburse), on demand as and when incurred, any and all actions, causes of action, suits, claims, losses (including diminutions in value and consequential damages), costs, penalties, fees, liabilities, and damages and expenses in connection therewith (irrespective of whether any such Indemnitee is a party to the action for which indemnification under these Terms of Use is sought), including reasonable attorneys’ fees and disbursements, interest, and penalties and all amounts paid in investigation, defense or settlement of any of the foregoing and claims relating to any of the foregoing (the “Liabilities”), incurred by the Indemnitees or any of them as a result of, or arising out of, or relating to any failure by the User to have complied with the terms of these Terms of Use. To the extent that the foregoing undertaking by the User may be unenforceable for any reason, the User shall make the maximum contribution to the payment and satisfaction of each of the Liabilities that is permissible under applicable law.

 

 

 

12. Modification of the Terms of Use

As previously stated, we may modify these Terms of Use in our sole discretion, from time to time, with or without notice to you. Any changes we make shall be binding upon you. You are therefore encouraged to visit and carefully read these Terms of Use to ensure you are aware of any changes made.

13. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of laws provisions.

14. Dispute Resolution

Any disputes arising from or related to these Terms of Use shall be addressed and resolved in three (3) phases. First, the aggrieved Party shall notify the other in writing of the events or occurrences that give rise to a dispute. Within ten (10) days of the actual receipt of the notice, responsible representatives of the Parties shall meet and, in good faith, attempt to address and resolve the dispute through negotiation. If the negotiations fail to resolve the dispute, the Parties shall jointly select a mediator and, within twenty (20) days of the failed negotiations, participate in mediation at a location within the State of New York, New York City, selected by the mediator. Second, unless otherwise agreed by the Parties, the mediation shall conclude within forty-five (45) days of the receipt of the initial notice required under this paragraph. Third, if the Parties fail to resolve fully their dispute through mediation, then the Parties shall refer the matter to exclusive arbitration by a single arbitrator, to be conducted under the then-applicable Commercial Arbitration Rules of the American Arbitration Association.

 

Any arbitrator so appointed shall be empowered to, in addition to awarding actual money damages (but not punitive damages) against the Party found to have violated the Terms of Use, grant in his or her award, injunctive or other types of equitable relief, to enforce specific performance of the Terms of Use, and to prevent any continuing or further violation of its terms. Judgment upon the award rendered in such arbitration may be entered in any court having jurisdiction there. The cost of such arbitration shall be borne equally by the Parties, except that each Party shall be responsible for its own attorneys’ fees.

 

15. Class Action Waiver

You hereby agree to waive any class action proceeding or counterclaim against I&H, its parent, affiliates, subsidiaries, successors or assigns, whether at law or equity, regardless of which Party brings suit. This waiver shall apply to any matter whatsoever between the Parties hereto which arises out of or is related in any way to these Terms of Use, the performance of either Party, and/or your use of the Platform and its Services.

 

16. Assignment

These Terms of Use and the Services contemplated hereunder are personal to the User and the User shall not have the right or ability to assign, transfer, or subcontract any obligations under the Terms of Use without the written consent of I&H. Any attempt to do so shall be void. I&H shall have the right to assign, transfer, or subcontract any obligations under the Terms of Use, at its absolute sole discretion, without the consent of the User.

17. Miscellaneous

The failure of either Party to enforce its rights under the Terms of Use at any time for any period shall not be construed as a waiver of such rights. In the event that any provision of the Terms of Use shall be determined to be illegal, unenforceable or excessively broad as to duration, geographical scope or activity, then that provision shall be construed so that the remaining provisions of the Terms of Use shall not be affected, but shall remain in full force and effect, and any such illegal or overly broad provision shall be deemed, without further action on the part of any Party, to be modified, amended and/or limited, but only to the extent necessary to render the same valid and enforceable in the applicable jurisdiction. Headings herein are for convenience of reference only and shall in no way affect interpretation of the Terms of Use. These Terms of Use (along with the agreements ancillary hereto, and all of the exhibits and schedules attached hereto) contains and constitutes the complete and exclusive agreement between the Parties concerning its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning the subject matter hereof, except as specifically set forth herein and therein.