Last Updated: June 5, 2015
What follows is a description of the terms on which we offer you access to our site and services. It was originally written in English. In the event a translated version conflicts with the English version in any way, the English version controls.
1. BINDING EFFECT
YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE EITHER (i) AT LEAST 18 YEARS OLD AND ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, OR (ii) AT LEAST 13 YEARS OLD AND ARE AUTHORIZED TO ACCESS THE SITE BY A PARENT OR LEGAL GUARDIAN.
IF YOU HAVE AUTHORIZED A MINOR TO USE THE SITE OR OUR SERVICE, YOU ARE RESPONSIBLE FOR THE ONLINE SUPERVISION OF SUCH MINOR, AS WELL AS THEIR CONDUCT AND THE CONSEQUENCES OF ANY MISUSE OF THE SITE BY THE MINOR.
IF YOU ARE USING THE SITE ON BEHALF OF ANY ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS ON SUCH ENTITY’S BEHALF, AND THAT SUCH ENTITY AGREES TO INDEMNIFY YOU AND THE COMPANY FOR VIOLATIONS OF THESE TERMS.
You may use the Services only in compliance with these Terms and all applicable local, state, federal, and international laws, rules and regulations.
3. CONSENT TO RECEIVE EMAILS
By using the Site, you consent to receive emails from us, which may include commercial emails provided such emails are in accordance with the preferences you select in the email and notifications page of the My Account section of the Site. Please note that as long as you maintain an account, you may not “opt out” of receiving service or accounted-related emails from the Company.
4. USER CONDUCT
You are responsible for your conduct on the Site. You agree to refrain from using hostile, abusive, or inflammatory language with us during a consultation. Just as professionals exercise their independent discretion when deciding to terminate or continue communications with clients, we reserve the right to terminate any and all consultations or other User communications, in our sole discretion. There shall be no refunds provided by the Company on the basis that we terminated a consultation prematurely, regardless of the reason.
5. NO WARRANTIES
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES. WE ARE MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE.
WE RESERVE THE RIGHT TO SUSPEND OR DISCONTINUE THE AVAILABILITY OF THE SITE AND/OR ANY SERVICE AT ANY TIME IN OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE. WE MAY ALSO IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OF OR ALL OF THE SITE AND THE SERVICE WITHOUT NOTICE OR LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PLEASE USE THE SITE AT YOUR OWN RISK.
Nothing obtained by you in oral or written form from the Company or from the Service will create any warranty that is not expressly stated in these Terms.
6. LIMITED LIABILITY
THE COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INTERVIEW TO WORK OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS OR REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, OR OUTCOME OF INTERVIEWS FOR EMPLOYMENT, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH: YOUR USE OF THE SITE, THE SERVICES PROVIDED TO YOU, THE CONTENT PUBLISHED ON OR ACCESSED THROUGH THE SITE BY THE COMPANY, ANY MATERIALS OR SERVICE PROVIDED TO YOU BY THE COMPANY, MISTAKES, OMMISSIONS, INTERRUPTIONS, LOSS OF FILES OR OTHER DATA, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO COMPANY DATA OR RECORDS, VIRUSES, ACTS OF GOD, OR INTERACTIONS WITH COMPANY EMPLOYEES OUTSIDE OF THE SCOPE OF THE SERVICES THE COMPANY IS PROVIDING YOU. INTERVIEW TO WORK SHALL ALSO HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR YOUR RELIANCE ON ANY INFORMATION, INSTRUCTION OR ADVICE YOU RECEIVE FROM US THROUGH THE SITE. RELIANCE ON ADVICE OR INFORMATION IS SOLELY AT YOUR OWN RISK.
THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
7. ALLEGED VIOLATIONS
We reserve the right to terminate your access to and use of the Service and/or the Site for any reason and at any time. The Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of the Terms, furnished Company with false or misleading information, have misused or abused the Site, or interfered with use of the Site or the Service by others.
8. PROHIBITED USES
The Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, Host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (D) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
In addition, you may not use the Service to (a) upload viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or other destructive software; (b) conduct a metatag search of the Site or Service; or (c) create a false identity for any purpose.
You agree to indemnify the Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms, or infringement of the rights of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
10. GOVERNING LAW
These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Sacramento County, California, USA in all disputes arising out of or related to the use of the Site or Service.
In the event a dispute arises between you and the Company, our goal is to provide you with a neutral and cost-effective means to resolve the dispute quickly. Accordingly, any claim or controversy at law or equity that arises out of these Terms or our Services (“Claim”) shall be resolved in accordance with one of the subsections below or as we may otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution (“ADR”) procedures, such as mediation, as an alternative to litigation.
11.1 BINDING ARBITRATION
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than Ten Thousand US Dollars (US$10,000), you or we may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association in accordance with its applicable rules, or any other established ADR provider agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in California, USA or where the defendant is located (in our case Sacramento County, California, USA, and in your case your home address). You and we agree to submit to the personal jurisdiction of a state court located in Sacramento County, California or a US federal court located in Sacramento, California.
11.3 ATTORNEY’S FEES
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute-resolution mechanism that is selected in accordance with this Section 11 by the first party to file a Claim. Should either party file an action contrary to this Section 11, the other party may recover attorneys’ fees and costs up to $5,000 USD, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
12. SEVERABILITY; WAIVER
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
13. NO LICENSE
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, logos, or content owned by the Company or by any third party. Express written permission from the Company is required before using such intellectual property.
14. CALIFORNIA USE ONLY
The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California or any country other than the United States of America.
Company may, in its sole discretion and without prior notice, (a) revise these Terms; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
These Terms contain the entire agreement between the parties (Company and you, the User), and supersedes any prior or contemporaneous understandings between the parties.
Should you have any questions regarding use of the Site or the Service, please visit our FAQ [hyperlink]. If you still have questions or concerns, please do not hesitate to contact Customer Care [HYPERLINK EMAIL ADDRESS] or call us at (xxx) xxx-xxxx. You may also send written correspondence to:
Interview to Work, LLC
Attn: Customer Care
216 F Street #42
Davis, CA 95616
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.