This is the agreement (the "Agreement") between you and 360JobInterview.com, Inc. This Agreement governs your use of the website 360JobInterview.com.
"360JobInterview.com" is owned and operated by 360JobInterview.com, Inc. ("360ºJI").
360ºJI is a corporation existing under the laws of the State of New York, United States. This website (the "Site") may be used by users ("Users" or "You") for informational purposes only.
This Agreement describes the terms and conditions applicable to the services available through this Site. This Agreement describes your responsibilities and, among other things, limits the liability of 360ºJI.
BEFORE SUBMITTING AN ACCOUNT REGISTRATION FORM AND/OR USING ANY OF THE SERVICES, READ THIS AGREEMENT CAREFULLY. BY ACCESSING ANY AREAS OF THIS SITE, YOU AGREE TO BE LEGALLY BOUND WITHOUT LIMITATION, QUALIFICATION, OR CHANGE TO THE TERMS SET FORTH HEREIN AND FOR EACH AND EVERY FUTURE CHANGE OF THE TERMS OF THIS AGREEMENT. YOU FURTHER AGREE TO ABIDE BY THE TERMS AND CONDITIONS BETWEEN YOU AND 360ºJI.
If at any time, (i) you do not agree with any part of this Agreement, or (ii) if you do not comply with the terms of this Agreement then the license granted by this Agreement shall terminate and YOU MUST IMMEDIATELY DISCONTINUE USE OF THIS SITE.
By using the Site or downloading materials from the Site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions, you must now immediately exit this Site.
Subject to the terms and conditions set forth in this Agreement, 360ºJI grants you a non-exclusive, non-transferable, revocable license being a limited right to access, use and display this Site and the "Materials" (as hereafter defined) thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
360ºJI authorizes you to view and download the Materials at this Site only for your personal, non-commercial use. This authorization shall not constitute a transfer of title in or to the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. This Site, including all Materials, is copyrighted and protected by United States copyright laws and by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, 360ºJI does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
WITHOUT LIMITING ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR IN VIOLATION OF ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS SITE MAY BE TERMINATED IMMEDIATELY IN 360ºJI’S SOLE AND ABSOLUTE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
ALL MATERIAL, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN "AS IS" BASIS.
360ºJI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, OR NATURE, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 360ºJI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NONINFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.
360ºJI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS.
IT IS YOUR OBLIGATION ALONE TO FAMILIARIZE YOURSELF OF THE SKYPE SYSTEM REQUIREMENTS FOR YOUR COMPUTER . YOU ASSUME ALL RESPONSIBILITIES AND RISKS FOR SUCCESSFUL CONNECTIVITY WITH YOUR COMPUTER AND THE COMPUTER OF A "COACH" (AS HEREAFTER DEFINED).
360ºJI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE OR AS PROVIDED BY A COACH.
YOU UNDERSTAND THAT EACH (i)JOB INTERVIEW COACH, (ii) CAREER COACH AND (iii) JOB RESUME COACH (COLLECTIVELY AS "COACHES" OR INDIVIDUALLY AS A "COACH") IS AN INDEPENDENT CONTRACTOR AND IS NOT AN EMPLOYEE OF 360ºJI. YOU ACKNOWLEDGE AND AGREE THAT THE OPINIONS EXPRESSED TO YOU BY A COACH REPRESENT THE OPINIONS OF THAT COACH AND MAY NOT NECESSARILY REPRESENT THE OPINIONS OF 360ºJI, OR ITS OFFICERS, SHAREHOLDERS DIRECTORS OR OTHER AGENTS. THE OPINIONS EXPRESSED BY A COACH ARE BASED UPON CUSTOMS AND WORK PRACTICES IN THE UNITED STATES AND MAY NOT BE APPLICABLE TO PRACTICES IN OTHER COUNTRIES.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. 360ºJI DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE OR AS PROVIDED TO YOU BY A COACH.
YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION ACCEPTED BY YOU FROM A COACH OR FROM 360ºJI SHALL BE AT YOUR SOLE RISK. 360ºJI RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. 360ºJI MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
FOR GOOD AND VALUABLE CONSIDERATION THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED BY YOU, YOU DO HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES AGAINST 360ºJI WHICH MAY ARISE AS THE RESULT OF THE ACTIONS OR INACTIONS, NEGLIGENCE OR ADVICE GIVEN TO YOU BY A COACH.
As a convenience to you, 360ºJI may provide, on this Site, links to websites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. 360ºJI makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. The inclusion of Links on the Site does not imply that 360ºJI or sponsors of the Site, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of 360ºJI or any of its affiliates or subsidiaries.
External Links to the Site
All links to the Site must be approved in writing by 360ºJI, except that 360ºJI consents to links in which: (i) the link is a text-only link containing only the name "360JobInterview.com, Inc."; (ii) the link "points" only to www.360JobInterview.com and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by 360ºJI nor be such as to damage or dilute the goodwill associated with the name and trademarks of 360ºJI or its Affiliates. 360ºJI reserves the right to revoke this consent to link at any time in its sole discretion.
Information Provided By You
Limitation of Liability of 360ºJI
NEITHER 360ºJI NOR ANY INDEMNITEE ( AS HEREAFTER DEFINED) SHALL BE LIABLE TO ANY INDIVIDUAL OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO (A) THE USE OF THIS SITE, (B) THE INABILITY TO USE THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE, (C) ANY LINKED WEBSITE, EVEN IF 360ºJI IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (D) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE, (E) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES DURING YOUR ACCESS OR USE OF THIS SITE OR ANY SITE WHICH IS LINKED TO THIS SITE, OR (F) INFORMATION, COUNSELING, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS SITE. THE LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION WHETHER YOUR CAUSE OF ACTION IS BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHERWISE.
If not withstanding the above 360ºJI, its officers, directors, employees, representatives, subsidiaries, affiliates, or agents, (collectively as an "Indemnitee") is found liable for any loss or damage relating to the use of this site you agree, to the extent allowed by appropriate state law, that the liability of any such Indemnitee shall in no event exceed the total sum paid by you.
360ºJI reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. 360ºJI may terminate, change, modify, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. 360ºJI reserves the right to change without notice the fees charged for services and goods offered on the Site. 360ºJI may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. 360ºJI may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.
International Users and Choice of Law
This Site is controlled, operated and administered by 360ºJI from its offices within New York in the United States of America. 360ºJI makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited.
You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws of the jurisdiction where you view the Site.
This Agreement constitutes the entire agreement between 360ºJI and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
THESE TERMS AND CONDITIONS, THE SERVICES PROVIDED HEREUNDER BY 360ºJI, OR BY A COACH AND ANY SALE OF PRODUCTS OR SERVICES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
Any and all litigation including lawsuits, claims, causes of action, proceedings and arbitration shall be brought exclusively in Onondaga County, New York and you do hereby consent to the jurisdiction thereof and do waive the right to change venue. You further consent to the exercise of personal jurisdiction by any such court with respect to any such proceeding. Except in the case of nonpayment, neither party may institute any action in any form arising out of these Terms and Conditions more than one (1) year after the cause of action has arisen. The rights and remedies provided 360ºJI under these Terms and Conditions are cumulative, are in addition to, and do not limit or prejudice any other right or remedy available at law or equity.
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the Services, the interpretation or application of these Terms and Conditions, or the breach, termination or validity thereof, the relationships which result from these Terms and Conditions or any services rendered by 360ºJI or a Coach (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or 360ºJI’s or any of its Affiliates (collectively, a "Claim") may be resolved by binding arbitration at the sole and absolute discretion of 360ºJI alone and solely upon the election of 360ºJI you shall not have any right to require a controversy to be arbitrated. If 360ºJI elects to exercise its right to have the controversy arbitrated then such arbitration shall be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is chosen by 360ºJI with respect to a Claim, neither 360ºJI nor You will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, You will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Terms and Conditions, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in Syracuse, New York. Any court having jurisdiction may enter judgment on the representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. You acknowledge that 360ºJI alone may decide whether arbitration shall be used.
Copyright and Trademark Information
You acknowledge that all content of this Site including the information, trademarks, data, software, photographs, graphs, graphics, illustrations, and other material (collectively as "Material) is owned by 360ºJI and is the intellectual property and copyrighted words of 360ºJI.
You agree to defend and indemnify 360ºJI, its affiliates and its officers, directors, employees, agents and Coaches from and against any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties and all other costs or expenses of every kind and nature including but not limited to reasonable legal fees brought (i) by You or on behalf of You in excess of the liability described herein, within the limits permitted by applicable law, or (ii) by parties as a result of (i) your breach of this agreement, (ii) your violation of any law or the rights of a third party, (iii) your use of this Site in violation of the Terms and Conditions set forth herein.