Aptitude Tests for Hiring

This Indeed Assessments Agreement sets forth the terms and conditions pursuant to which Indeed, Inc. (“Indeed”) will make the Indeed Assessments service available to Company. Each of Indeed and the Company shall be known as a “Party” or collectively the “Parties”. Company is the Company defined and set forth below. The date of this Agreement shall be the date the Company clicks on the “I Agree” button below.
WHEREAS, Company desires to use Indeed Assessments to provide Assessments to Candidates and receive the results; and
WHEREAS, Indeed provides the Indeed Assessments service;
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to the terms and conditions set forth herein.Indeed’s Duties and Responsibilities.
Subject to Company’s compliance with the terms and conditions of this Agreement, Indeed will provide Company with a license to access and use the Indeed Assessments service for the purpose of selecting and providing Assessments to job applicants (“Candidates”) and receiving the results of such Assessments.
Indeed may prompt Candidates to register a user account on Interviewed.com or Indeed.com.
Company’s Duties and Responsibilities.
Company will use Indeed Assessments as Company determines. Company agrees that by using Indeed Assessments, Company has made the determination to use this tool as part of its application process, and the substantive questions Company asks or chooses are solely determined by Company, and are not being asked by Indeed. Company is the sole party to determine which answers will qualify a Candidate. Company is solely responsible for the use of Indeed Assessments including any results which are considered to have a “disparate impact”. Company further acknowledges that Company is responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent state act. Indeed does not warrant that the method of delivery of these questions would be compliant with the Americans with Disabilities Act or any equivalent state act. Company agrees to indemnify Indeed for any and all claims arising out of its use of Indeed Assessments, including any claims that any Assessment does not comply with the Americans with Disabilities Act or that such Assessment results in a “disparate impact”.
Company shall not create or use any Assessment that directly or indirectly discriminates against Candidates. Direct discrimination means, for example, that an Assessment specifically makes clear that only Candidates matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that an Assessment implicitly excludes certain classes of Candidates by making it impossible for them to qualify for the job requirements. Company understands and agrees that it is Company’s responsibility to refrain from using any Assessment that directly or indirectly discriminate against Candidates or otherwise violate applicable law.
Company will ensure that prior to referring any Candidate to Indeed Assessments, Company has an agreement with each such Candidate (“Candidate Agreement”) that a) protects Indeed’s rights to the same extent as the terms of this Agreement, b) includes terms by which each Candidate grants Indeed the right to access and use candidate information as described herein, and c) grants Candidate’s express consent for Indeed to contact Candidate. Subject to the foregoing requirements, the Candidate Agreement need not specifically refer to Indeed. Company will promptly notify Indeed if it becomes aware of any breach of the terms of the Candidate Agreement that may affect Indeed.
Company shall not allow access to or use of Indeed Assessments by anyone other than Authorized Users. Company shall ensure that all Authorized Users comply with the terms and conditions of this Agreement. Company shall promptly notify Indeed of any breach of this Agreement. Indeed may suspend or terminate any Authorized User’s access to Indeed Assessments without notice to Company in the event that Indeed determines in its sole discretion that such Authorized User has breached this Agreement.
Payment Terms and Fees.
Company shall pay fees to Indeed for access to and use of Indeed Assessments under the subscription price as set forth in any IO generated by Indeed. Charges for per-Candidate subscriptions are solely based on Indeed’s Candidate measurements, which shall be binding. Charges are exclusive of taxes, which (if applicable) will be charged separately in any invoice received.
If Company has an unpaid or outstanding invoice or account balance for any Indeed product, Indeed reserves the right to suspend or terminate Company’s use of that Indeed product as well as any other Indeed product, including but not limited to those Indeed product where Company does not have an unpaid invoice or account balance.
Intellectual Property.
Company Information. Company hereby grants Indeed a nonexclusive, worldwide, perpetual, fully paid, royalty-free, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all data either collected by or submitted to Indeed Assessments, for the purpose of publishing material on the Indeed website, maintaining the Indeed website and promoting Indeed without restriction.
Candidate Information. Between Customer and Service Provider, Service Provider shall own all Candidate Information. Service Provider grants Customer a non-exclusive, transferable, sublicensable, worldwide license during the Term to access, use, sublicense, reproduce, distribute, and display the Candidate Information solely for the purpose of evaluating Candidates. All personally identifiable information submitted through Indeed Assessments shall be handled by Indeed in accordance with the Indeed Privacy Policy.
Termination.
Indeed or Company may terminate this Agreement by written notice to the other Party at any time and for any reason, in which case Company’s sole obligation to Indeed shall be payment of fees, if any, for services rendered by Indeed up to and including the date of termination.
Warranty and Disclaimer.
Company represents and warrants that it shall not access or use Indeed Assessments for any illegal, discriminatory, or fraudulent purpose. Without limiting the foregoing, Company shall not submit or use any Assessments which are directly or indirectly illegal or discriminatory, or use any Assessments for anydirectly or indirectly illegal or discriminatory purpose. Company shall not submit or use any Assessment which seeks highly confidential personal information from Candidates, such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the United States of America), health information, or other categories of data subject to special breach notification requirements in any country.
Although Indeed has no obligation to do so, Indeed may monitor Assessments, and reserves the right to delete or modify any Assessment or portion thereof that, in Indeed’s sole discretion, violates the above warranties, including any Assessment that is unrelated to the specific portion of the Site on which it is posted, or that is an advertisement or other commercial message, or that Indeed deems in its sole discretion to be unlawful or inappropriate.
INDEED ASSESSMENTS AND ALL MATERIALS, INFORMATION, ASSESSMENTS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH INDEED ASSESSMENTS, ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. INDEED DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH THIS AGREEMENT, INDEED ASSESSMENTS, CANDIDATES OR ASSESSMENTS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. INDEED DISCLAIMS ANY WARRANTY THAT INDEED ASSESSMENTS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED.
Indemnification.
Company shall indemnify, defend and hold Indeed harmless from and against any third-party claim relating to or arising from Company’s use of Indeed Assessments (including without limitation any Assessment submitted or used by Company), Company’s breach of any warranty or representation herein, or Company’s actions as an employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting its employee(s) and/or Candidate(s).
Limitation of Liability.
Under no circumstances will Indeed’s liability arising out of or related to this Agreement exceed the aggregate fees received under this Agreement. Indeed is not liable for any indirect, incidental or consequential damages (including lost fees or profits, attorneys’ fees or otherwise) whether arising in contract, tort or otherwise, even if notified in advance of the possibility of such damages.
Miscellaneous.
This Agreement shall be interpreted in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions. Any dispute arising under this Agreement shall be settled by binding arbitration in Austin, Texas by JAMS. The arbitrator may grant injunctions or other such necessary relief, and the decision of the arbitrator shall be final, conclusive and binding on the Parties. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction.
This Agreement represents the entire understanding and complete intent of the Parties and supersedes any prior agreements between the Parties with respect to the subject matter of this Agreement. This Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of both Parties.
Indeed may assign this agreement between you and Indeed to any related Indeed entity by informing you of such assignment.