Interviewing.io Terms of Use

Effective Date: October 10, 2016

Interviewing.io Inc. (“Interviewing.io” or “we” or “our”) is a platform designed for permitting engineers to participate in real and mock interviews with peers as well as individuals who hire engineers for a living.

These Terms of Use (the “Terms of Use”) describe your rights and responsibilities and form a legally binding agreement between you and Interviewing.io with respect to your use of the Service.

The Service (the “Service”) includes the www.interviewing.io website, including without limitation, any related subdomains and forums, chat rooms, accounts, products and services available thereon (the “Site”) as well as other products and services offered by Interviewing.io.

The Service is offered and available to users who are 18 years of age or older. By using this Service, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.

THESE TERMS OF USE INCLUDE (1) AN ARBITRATION PROVISION; AND (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THE TERMS OF USE AND THE ABOVE ELIGIBILITY REQUIREMENTS, YOU ARE PROHIBITED FROM USING THE SERVICE.

You must accept these Terms of Use (collectively, the “Agreements”) prior to using the Service.

While using the Service, we may require you to provide personal information. We retain and use such information according to the terms of our Privacy Policy set forth at https://interviewing.io/privacy.html (the “Privacy Policy”). By submitting to the Terms of Use, you also agree to the terms of Interviewing.io’s Privacy Policy.

For purposes of the Terms of Use, “you” and “your” means you as the user of the Service. If you use the Service on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of that entity with the authority to bind the entity to these Terms of Use, and that you agree to these Terms of Use on the entity’s behalf.

1. Access to the Service

Subject to your agreement to and continuing compliance these Terms of Use, you may access and use the Service for your personal and non-commercial use only. You may not use the Service for any other purpose, including any way that breaches any applicable Privacy Policy, or other agreement applicable to the Service.

2. Acceptable Use Policy

Your use of the Service is subject to the limitations as set forth in Sections 2 and 3 (collectively, the “Acceptable Use Policy”). Any use of the Service in violation of the Acceptable Use Policy or the Terms of Use will be regarded as an infringement of Interviewing.io’s rights. You hereby agree that you will not, under any circumstances:

  1. download (other than through page caching necessary for personal use, or as otherwise expressly permitted by the Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Service, without Interviewing.io’s express prior written consent;
  2. duplicate, decompile, reverse engineer, disassemble, decrypt, decode, translate, or derive source code from any aspect of the Service (including any underlying idea or algorithm), or attempt to do any of the same;
  3. decrypt or modify any data transmitted between a client and the Interviewing.io server in a manner not expressly authorized by Interviewing.io;
  4. use, post, host or distribute macros, “bots” or other programs which would allow unattended game play or which otherwise impact game play, including without limitation any program which enables or facilitates automated character skill or level increases;
  5. use third party software that intercepts, collects, reads, mines, or stores user information gathered by Interviewing.io or generated by the Service;
  6. use, reproduce or remove any copyright, trademark, trade names, slogans, logos, images, service marks or other proprietary notations displayed on or through the Service;
  7. frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of Interviewing.io without our express consent;
  8. purchase search terms or use any meta tags or any other “hidden text” utilizing the Interviewing.io name or trademarks without our express consent;
  9. use the Service in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party's use of the Service or use any device, software or routine that causes the same;
  10. attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service;
  11. circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service;
  12. use any robots, spiders, crawlers or other automatic devices, processes, software or queries that intercept, “mine,” scrape or otherwise access the Service to monitor, extract, copy or collect information from or through the Service, or any manual processes to do the same;
  13. introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  14. use the Service to impersonate, or attempt to impersonate, Interviewing.io, an Interviewing.io employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing) or otherwise misrepresent yourself;
  15. use the Service to ask users for their personal information;
  16. use the Service for illegal, harassing, unethical, or disruptive purposes;
  17. use the Service in any way that would adversely affect or reflect negatively on Interviewing.io, the Service, our goodwill, our employees or moderators, our name or reputation, or discourage any person, firm or enterprise from using all or any portion of the features or functions of the Service, or from advertising, linking or becoming a supplier to us in connection with the Service;
  18. violate any applicable law or regulation in connection with your use of the Service; or
  19. use the Service in any way not expressly permitted by the Terms of Use.

3. Data and Intellectual Property Ownership

Interviewing.io takes its data and intellectual property rights very seriously. As between Interviewing.io and you, Interviewing.io owns, has licensed, or otherwise has rights, title and interest in and to the Service and all of the content that appears on the Service. Interviewing.io’s intellectual property rights include, but are not limited to, copyrights, trademark rights, trade dress rights, and trade secrets. You agree that you have no right, title or interest in or to the Service or any other Interviewing.io content.

All software (including source code), logos, icons, the Service’s “look and feel,” text, graphics, images, video clips, sound clips, content, notices, data, page layout, and selection and arrangement of the content and all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein shall be owned solely and exclusively by Interviewing.io and/or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by Interviewing.io on the Service, or in connection with the Service are the exclusive property of Interviewing.io and/or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. Interviewing.io and its licensors reserve all rights in connection with the Service and its content (other than User Content), including, without limitation, the exclusive right to create derivative works therefrom.

4. User Content.

Any and all content, including any communications, images, sounds and all material or information, that you submit (e.g. by uploading or transmitting) to Interviewing.io (a) through an interview conducted using the Service (“Interview Content”), and (b) through our forums or otherwise through any other use of the Service (“General Content”, and, collectively with Interview Content, “User Content”) shall be deemed, and shall remain, your property from the moment of creation. Accordingly, you hereby grant Interviewing.io a perpetual, irrevocable, worldwide, paid-up, non-exclusive, license (including the right to sublicense to third parties), and right, in any media known or not currently known, and without any requirement of permission from or payment to you (or any other person or entity): (A) with respect to Interview Content, to reproduce, fix, adapt, modify, translate, reformat, enter into computer memory, display, perform or provide access to, communicate to and share with participants in your interview (as well as with any companies conducting such interviews), and use such Interview Content for the purposes of providing the Service; and (B) with respect to General Content, to reproduce, fix, adapt, modify, translate, re-format, create derivative works from, publish, distribute, license, sublicense, transfer, transmit, publicly display, publicly perform, or provide access to, broadcast, communicate to the public by telecommunication, enter into computer memory, and use and practice, such General Content, as well as all modified and derivative works thereof, in whole or in part. To the extent permitted by applicable laws, you hereby waive any moral rights you have in any User Content.

You shall not (and shall not permit any third party to) create, upload, download, post, submit or otherwise distribute or facilitate distribution of any User Content on or through the Service, that:

  1. infringes any patent, trademark, trade secret, copyright, moral right, right of publicity, right of privacy, or other right of any other person or entity or violates any law or contractual duty (see our Notice of Infringement - DMCA policy below); for reproducing code or other material that is not owned by you (or which you do not have a license to reproduce on the Service);
  2. you know is false, misleading, untruthful or inaccurate;
  3. constitutes unauthorized or unsolicited advertising, junk or bulk email;
  4. is subject to any obligation or condition (including under any “open source” license such as the GNU Public License, Lesser GNU Public License, or Mozilla Public License) that could require or condition the use or distribution of such User Content or portion thereof on (i) the disclosure, licensing, or distribution of any source code for any portion of such User Content, or (ii) the granting to licensees of the right to make derivative works or other modifications to such User Content or portions thereof; or
  5. includes anyone’s identification documents or sensitive financial information.

Interviewing.io does not, and cannot, pre-screen or monitor all User Content. We do not assume responsibility or liability for User Content that is generated by users. We have the right, but not the obligation, in our sole discretion, to edit, refuse to post or remove any User Content. WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION IP ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of the Agreements; (c) to protect Interviewing.io’s legal rights and remedies; (d) if we, in our reasonable discretion, believe that someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.

5. Notice of Infringement – DMCA Policy

Anyone who believes that his or her work has been reproduced in the Service in a manner which constitutes copyright infringement may submit a notification to Interviewing.io’s copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:

  1. identification of the copyrighted work that is claimed to be infringed;
  2. identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;
  3. information for our copyright agent to contact you, such as an address, telephone number, and, if available, e-mail address;
  4. a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
  5. a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
  6. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by notating this in your written notice. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.

Notices of copyright infringement claims should be sent by email to copyright@interviewing.io. Interviewing.io will respond expeditiously to claims of copyright infringement using the Service that are reported to Interviewing.io’s copyright agent in the notification explained above. It is Interviewing.io’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.

Further information on the DMCA can be found in 17 U.S.C. 512 or on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.

6. User Accounts

In order to use certain features of the Service, you may be required to have and maintain a valid and active user account with an online service, such as a third-party gaming platform or social network account (“Third-Party Account”), or an account with Interviewing.io or an Interviewing.io affiliate to function properly, either in whole or in part. The Service may also require you to create a user account with Interviewing.io (“User Account”) in order to access certain functionality and features of the Service. You are responsible for all use and the security of your User Account that you use to access and use the Service. You may not sell, transfer or allow any other person to access your User Account or login credentials, or offer to do so. You are entirely responsible for maintaining the confidentiality of your User Account’s login credentials.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY USER ACCOUNT STORED OR HOSTED ON AN INTERVIEWING.IO SYSTEM, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH USER ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF INTERVIEWING.IO.

INTERVIEWING.IO MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY USER ACCOUNT FOR ANY REASON OR FOR NO REASON AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU.

7. Feedback

Any and all (i) suggestions for correction, change and modification to the Service and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Interviewing.io by you (collectively “Feedback”), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by Interviewing.io or otherwise relating to the Service (collectively, “Revisions”), are and will remain the property of Interviewing.io. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Service or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Interviewing.io and Interviewing.io may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Interviewing.io any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At Interviewing.io’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.

8. Third Party Websites, Apps or Resources

The Service may provide links to other websites, apps or resources by third parties. These third-party websites, apps and resources are provided for your convenience only. The third-party websites, apps and resources are not reviewed, controlled, examined, sponsored, or endorsed by Interviewing.io and Interviewing.io is not responsible for the information, advertising, products, resources or other material of any third-party website, app or resource, or any link contained in a third-party website, app or resource. The inclusion of any website, app or resource does not imply endorsement of the owner/sponsor of the website, app or resource or its content by Interviewing.io. YOUR USE OF ANY SUCH THIRD-PARTY WEBSITES, APPS OR RESOURCES IS AT YOUR OWN RISK. None of Interviewing.io or its licensors or partners (the “Interviewing.io Parties”) shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, inability to use or reliance on any such content, goods or services available on such websites, apps or resources. These third-party websites, apps and resources have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully.

9. Changes to Terms of Use, or the Service

Interviewing.io reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete, at any time, any of the terms and conditions of the Terms of Use, any feature of the Service, content, data, software or equipment needed to access the Service, effective with or without prior notice; provided, however, that material changes to the Terms of Use will not be applied retroactively. If any future changes to the Terms of Use are unacceptable to you or cause you to no longer be in compliance with the Terms of Use, you must terminate, and immediately stop using, the Service. Your continued use of the Service following any revision to the Terms of Use constitutes your complete and irrevocable acceptance of any and all such changes. Interviewing.io may change, modify, suspend, or discontinue any aspect of the Service at any time. Interviewing.io may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability. The entire risk arising out of the use of the Service remains with you, the user. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.

10. Termination

The Terms of Use are effective until terminated. You may terminate the Terms of Use by discontinuing your use of the Service. Interviewing.io reserves the right to terminate the Terms of Use, and/or temporarily or permanently suspend, withdraw or restrict your access to some or all of the Service, at any time, effective immediately, with or without notice, in the event of any conduct by you which Interviewing.io, in its sole discretion, considers to be unacceptable or a violation of the Terms of Use or non-compliance with any of its terms. If Interviewing.io terminates or restricts your use and access of the Service, then you must immediately stop using all portions of the Service. The provisions of Sections 1-5, 7 and 9-17 shall survive any termination of the Terms of Use.

11. Warranty Disclaimer

THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NONE OF THE INTERVIEWING.IO PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR ACCURACY, COMPLETENESS, LIKELY RESULTS, RELIABILITY, INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED OR ERROR-FREE ACCESS AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. NONE OF THE INTERVIEWING.IO PARTIES ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO ANY VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR DEVICE IN CONNECTION WITH YOUR VIEWING OF, OR ACCESS TO, OR USE OF THE SERVICE.

FOR THE AVOIDANCE OF DOUBT, INTERVIEWING.IO DOES NOT DISCLAIM WARRANTIES FOR INTENTIONAL BREACH OF DUTY. THE WARRANTY DISCLAIMER DOES NOT AFFECT THE LIMITATION OF LIABILITY AS SET OUT BELOW.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FORGOING DISCLAIMER MAY, IN WHOLE OR IN PART, NOT APPLY TO YOU.

WE DO NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM OUR NETWORK AND OTHER PORTIONS OF THE INTERNET, WIRELESS NETWORKS, OR OTHER THIRD-PARTY NETWORKS. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF THE INTERNET AND WIRELESS SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES MAY IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF. WE CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THIRD-PARTY ACTIONS OR INACTIONS THAT IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF OR THE USE OF THE SOFTWARE AND RELATED SERVICES AND PRODUCTS.

12. Limitation of Liability

INTERVIEWING.IO IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE OR YOUR INABILITY TO USE THE SERVICE. IN NO EVENT SHALL THE INTERVIEWING.IO PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFIT OR GOODWILL, OR DUE TO BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS OR OTHER INTANGIBLE LOSSES), IN CONNECTION WITH THE TERMS OF USE, THE SERVICE OR USE OF THE SERVICE OR THE DELAY OR INABILITY TO USE THE SERVICE, REGARDLESS OF LEGAL THEORY (INCLUDING NEGLIGENCE), EVEN IF ONE OR MORE INTERVIEWING.IO PARTIES KNEW OR WAS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH INTERVIEWING.IO IS TO STOP USING THE SERVICE.

IN NO EVENT SHALL ANY OF THE INTERVIEWING.IO PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR AN AMOUNT OF DAMAGES IN EXCESS OF THE AMOUNTS PAID BY YOU TO INTERVIEWING.IO FOR THREE (3) MONTHS PRECEDING YOUR CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Interviewing.io Parties shall be limited to the fullest extent permitted by law. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

13. Indemnification

To the greatest extent possible under applicable law, you agree to defend, indemnify and hold harmless Interviewing.io, its licensors and affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from or relate to a breach of these Terms of Use for which you are responsible or in connection with your distribution of any content on or through the Service. Without limiting the generality of the foregoing, you agree to indemnify and hold Interviewing.io and its licensors harmless for any improper or illegal use of your account, including the illegal or improper use of your account by someone to whom you have given permission to use your account. You agree that you will be personally responsible for your use of the Service and for all of your communication and activity on the Service, including any content you contribute, and that you will indemnify and hold harmless Interviewing.io, Interviewing.io’s licensors and affiliates from any liability or damages arising from your conduct on the Service, including any content that you contribute.

14. Equitable Remedies

You hereby agree that Interviewing.io would be irreparably damaged if the Terms of Use were not specifically enforced, and therefore you agree that Interviewing.io shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Use, in addition to such other remedies as Interviewing.io may otherwise have available to it under applicable laws.

You agree that a breach of this License adversely affecting Interviewing.io’s proprietary rights in the software may cause irreparable injury to Interviewing.io for which monetary damages would not be an adequate remedy and Interviewing.io shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law.

This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding) (“Arbitration Agreement”). Please read it carefully. You may opt out of the Arbitration Agreement by following the opt out procedure described below.

Informal Process First. You agree that in the event of any dispute between you and Interviewing.io, you will first contact Interviewing.io and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.

Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Interviewing.io’s services and/or products, including the Service, or relating in any way to the communications between you and Interviewing.io or any other user of the Service, will be finally resolved by binding arbitration. This mandatory Arbitration Agreement applies equally to you and Interviewing.io. However, this Arbitration Agreement does not (a) govern any Claim by Interviewing.io for infringement of its intellectual property or access to the Service that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this Arbitration Agreement within thirty (30) days of the first of the date you access or use this Service by following the procedure described below.

Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Interviewing.io are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.

Any arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Service on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.

The number of arbitrators will be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. California law will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Service on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.

If you do not want to arbitrate disputes with Interviewing.io and you are an individual, you may opt out of this Arbitration Agreement by sending an email to support@interviewing.io within thirty (30) days of the first of the date you access or use the Service.

Class Action Waiver

Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Interviewing.io each waive any right to a jury trial.

Governing Law. These Terms of Use shall be governed by the laws of the California without regard to its conflict of laws provisions, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the Arbitration Agreement. Unless you and Interviewing.io agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or a particular Claim (except for small claims court actions), either as a result of your decision to opt out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that the Claim will be resolved exclusively by a state or federal court located in San Francisco. You and Interviewing.io agree to submit to the personal jurisdiction of the courts located within San Francisco for the purposes of litigating such Claims. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Your use of the Service may also be subject to other local, state, national, or international laws.

16. General Provisions

  1. Severability and Survival. If any provision of this Agreement is held to be illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions shall continue in full force and effect.
  2. No Waiver. The failure of Interviewing.io to exercise or enforce any right or provision of this Terms of Use will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Use will be effective only if in a writing signed by Interviewing.io. Any waiver by Interviewing.io shall not be deemed to be a waiver of any preceding or subsequent breach or default.
  3. Entire Agreement. The Terms of Use is the complete and exclusive statement of the agreement between you and Interviewing.io concerning the Service, and the Terms of Use supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Interviewing.io; provided, however that the Terms of Use are in addition to, and do not replace or supplant Interviewing.io’s Privacy Policy.
  4. Headings. The section headings used herein are for reference only and shall not be read to have any legal effect.

17. Contact

To contact us, please email us at support@interviewing.io.

Notice to California Residents. Pursuant to Cal. Civil Code § 1789.3, please note that (a) Interviewing.io is located at 755 Tennessee St. #11, San Francisco, CA 94107, (b) The fees and charges for the Service vary depending on the services selected by you, and (c) If you have a complaint regarding Interviewing.io or the Service, or desire further information on use of the Service please contact us via email at support@interviewing.io. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.

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