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Terms of Use

Last Revised: August 1, 2017

 

INTRODUCTION

These terms of use (the "Terms") are an agreement between you or the entity you represent ("you," "your," or “user”) and My Interview Practice, LLC, a limited liability company governed by the laws of State of New York, USA (the "Company", "we," “our,” or "us"). You must read, agree to, and accept all of the terms and conditions contained in these Terms in order to use (i) My Interview Practice, an online interview simulator, found at www.myinterviewpractice.com (hereinafter together referred to as the “Platform”) and  (ii) services that consist in review of an interview and provision of a feedback by a team of professionals and interview specialists (together, “Services”).  The Platform is a website that helps users prepare for an interview in the most efficient way.

 

You understand that by using the Platform, you agree to be bound by these Terms. If you do not accept these Terms in its entirety, you must not access or use the Platform. To the extent permitted by applicable law, we may, at any time, amend these Terms, including any features or functionality of the Platform or Services, without prior notice to you, by posting a revised version of the Terms and/or a notification about changes made to features or functionality of the Platform and/or Services. Any revisions to these Terms or changes to the Platform and/or Services will take effect when a revised version or a notification is posted on the Platform unless otherwise stated. Your continued use of the Platform after the revision date constitutes (a) your acceptance of revised Terms and/or changes in Platform and/or Services and (b) agreement to be bound by any such revised terms and conditions. The Terms include and hereby incorporate by reference Company’s Privacy Policy found at www.myinterviewpractice.com/privacy-policy.

 

If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this these Terms and that such entity or organization is duly authorized to do business in the country or countries where it operates. In that event, "you," "your," or “user” will refer and apply to that entity.

 

YOUR ACCOUNT AND IDENTITY

Your Account. In order to use the Platform and Services, you must (i) register for an account (“Account”), and (ii) provide certain information about yourself as requested by the Company in the online registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, (c) your use of the Platform does not violate any applicable laws, and (d) you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms.

You may close your Account at any time, for any reason, by going to your Account settings, clicking on “Delete Your Account” button and following the instructions provided. The Company may suspend or terminate your Account in accordance with the Term and Termination section of the present Terms.

Minors using an Account. The age of majority depends upon jurisdiction and application, but it is generally set at eighteen (18). Minors or the underaged may use the Platform and the Services, however, a parent or legal guardian must be the one who registers for an Account providing us his/her personal information and not the child’s.

Confidentiality and Security of Your Account. You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information, and (ii) all activities that are conducted under your Account. You agree not to disclose your password to anyone and you shall be solely responsible for any use of or action taken through the use of such password on the Platform. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. By using your Account, you acknowledge and agree that the Company’s account security procedures are commercially reasonable. You agree to immediately notify the Company in the event of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security.

 

LICENSE TO USE THE PLATFORM

License. Subject to the terms and conditions of these Terms, the Company grants you a worldwide, non-transferable and non-exclusive license of the right to use the Platform.

Certain Restrictions. The right granted to you in the present Terms is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Platform; (c) you shall not access the Platform in order to build a similar or competitive service; (d) you shall not remove or destroy any copyright notices or other proprietary markings found on the Platform. Any future release, update, or other addition to any of functionalities of the Platform shall be subject to the terms and conditions of these Terms.

Moreover, you agree not to use the Platform to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overburden, impair, or otherwise interfere with servers or networks connected to the Platform (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Platform or servers or networks connected to the Platform (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the Platform.

Modification. We reserve the right, at any time, to modify, suspend, or discontinue the operation of the Platform or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Platform or any part thereof.

Ownership. We and our licensors (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Platform (including the Content, as defined below). The Platform is licensed to you; this means that the Platform is under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the Platform. Our name, logo, and other names associated with the Platform belong to us (or our licensors, if any and where applicable), and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.

 

YOUR CONTENT

Content. “Content” shall mean your comments (feedback) provided to any Platform user or a video(s) recorded of you during an interview simulation(s) session. To see how many interview videos you may store in your Account at a time, go to our Membership Benefits page located at www.myinterviewpractice.com/membership-benefits. The number of interview videos stored in your Account will depend on the type of your membership. You agree not to use the Platform to record, distribute, display or otherwise use any Content in a way (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is derogatory, harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates any law, regulation, or contractual obligations.

Notwithstanding the foregoing, Company has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to any Content. 

 

PAYMENT TERMS & CANCELLATION POLICY

You may always find information on our membership plans and pricing at   www.myinterviewpractice.com/membership-benefits. Should you choose to buy or upgrade to a premium membership you will be redirected to a secure PayPal page in order to make a payment. If you do not hold a PayPal account, you are encouraged to create one as we accept payments exclusively through PayPal.

Cancellation of Premium Membership­. If you are unhappy with your premium membership for any reason, please let us know using our Contact Us page. We are prepared to work with you if you are not satisfied. Keep in mind though, if you cancel a payment or initiate an improper chargeback without contacting us first, your Account may be suspended.

 

YOUR PRIVACY

 

At the Company, we respect the privacy of our Platform users. For details please see our Privacy Policy at www.myinterviewpractice.com/privacy-policy. By using the Platform, you agree and consent to our collection and use of personal data as outlined therein and you agree to abide by and not violate such Privacy Policy on your part.

 

 

WARRANTIES & DISCLAIMERS

The Platform and Services are provided on “as is” and “as available” basis and we (and our suppliers) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. the Company (and our suppliers) makes no warranty that the Platform or Services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; (c) will be accurate, reliable, complete, legal, or safe; (d) will land you a job; or (e) will improve your interview skills. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

 

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE PLATFORM, SERVICES, OR YOUR CONTENT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE PLATFORM OR SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

 

INDEMNIFICATION

You agree to defend us, indemnify us and hold harmless the Company, its subsidiaries, affiliates, officers, agents, employees, representatives and agents from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of the Platform and/or Services, (ii) Content, (iii) your violation of these Terms, or (iv) any claim, judgment, or adjudication that any Service or action or omission by you infringes proprietary rights or other rights of any third party or any other Platform user

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

TERM AND TERMINATION

Term. You hereby acknowledge and agree that these Terms shall come into force on the date you create an Account and will remain in force and effect until terminated in accordance with these Terms.

Termination. You may terminate these Terms at any time and for any reason by closing your Account on the Platform.

We may suspend your rights to use the Platform, Services and Content and/or terminate these Terms by deleting or deactivating your Account, at any time and for any reason, at our sole discretion, with or without notice to you, including if we believe you have violated any provision of these Terms.

Upon deletion or deactivation of your Account, which automatically leads to termination of these Terms, your right to use the Platform automatically and immediately ends. You understand that deletion or deactivation of your Account involves deletion of Content.  We will not incur any liability whatsoever to you for any termination of these Terms, including for any deletion or deactivation of your Account or deletion of Content. Termination shall not relieve you of the requirement to pay for any outstanding fees.

 

GENERAL PROVISIONS

Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and us with respect to the subject matters hereof and supersede all prior discussions and agreements between you and us with respect to such subject matters (including any prior end-user license agreements, terms of use and privacy policies).

Modifications. No modification or amendment to these Terms shall be binding upon the Company unless in a written instrument signed/executed by a duly authorized representative of the Company.

Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.

Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, (i) the other provisions of these Terms will be unimpaired, and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Platform or Services. Notices hereunder shall be invalid unless made in writing and given (a) by the Company via email (to the email address that you provide), (b) a posting on the Platform or (c) by you via email to admin@myinterviewpractice.com or to such other email addresses as the Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.

Governing Law. These Terms shall be governed by the laws of State of New York, USA without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located in Putnam County, NY, USA for the purpose of litigating all claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction.

 

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