Terms of Use

General

These Terms of Use (these “Terms of Use”) govern your use of the Hiring Interviews, Inc. (“Hiring Interviews”) website with a homepage at http://www.hiringinterviews.com (any successor or replacement thereto) (the “Website”) and any Content, Products and Services.  For the purposes of these Terms of Use, “Content” means any text, object code, source code, programs, specifications, images, graphics, “look and feel,” audio files, articles, press releases, documentation and other information and content available via the Website, whether provided by Hiring Interviews or any other party, “Products” means any software or related products offered via the Website, and “Services” means any download, installation, support, training, discussion or related services offered via the Website.  The Website is provided as a convenience to you, and your use of the Website is conditioned on your acceptance of these Terms of Use, the Privacy Statement and any applicable Additional Terms (as defined below).

Acceptance of Terms

Please read these Terms of Use, the Privacy Statement, and any additional terms and conditions posted or provided in connection with any Content, Products and/or Services, including, without limitation, any software license and services agreement (collectively, the “Additional Terms”) carefully.  When you access, use or browse the Website, the Content, the Products and/or the Services, you accept and agree to be bound by, without limitation or qualification, these Terms of Use, the Privacy Statement and any Additional Terms as if you had signed them.  You agree that Hiring Interviews may modify these Terms of Use from time to time and at any time, and your continued access to and use of the Website signifies your agreement to be bound by such modified Terms of Use.  If you do not agree to these Terms of Use, the Privacy Statement, and, to the extent applicable, any Additional Terms, you must exit the Website immediately and discontinue any use of any Content, Products or Services.

Trademarks and Copyrights

Hiring Interviews’s trademarks represent valuable assets of Hiring Interviews.  The Hiring Interviews Analytics® trademark and the other trademarks, service marks and logos (collectively, the "Trademarks") are the proprietary information of and are owned exclusively by Hiring Interviews, unless noted explicitly otherwise. Nothing contained on this website shall constitute a grant of any right or license to use the Trademark(s) to any party.  Other trademarks or service marks used on the Website are the property of their respective owners.  You may not use, display or reproduce the Trademarks other than with Hiring Interviews’s prior written consent, and you may not remove or otherwise modify any trademark notices from any Content.

The Content, Products and Services are the exclusive property of Hiring Interviews and its licensors and are protected by domestic and international copyright and other intellectual property and proprietary laws and treaty provisions.  You may not use the Content except in accordance with these Terms of Use or with Hiring Interviews’s express written consent.  Other than as necessary for your use of the Website, Content and Products and Services in accordance with these Terms of Use or the applicable Additional Terms, or as otherwise agreed in writing by Hiring Interviews, Hiring Interviews grants you no other privileges or rights in the Content, Products or Services, and you must keep intact all copyright and other proprietary notices thereon.  Any Content, Products or Services owned by Hiring Interviews’s licensors may be subject to additional restrictions.  You hereby grant to Hiring Interviews a non-exclusive, worldwide, transferable, perpetual, irrevocable and royalty-free license to use, display, publish and distribute, in connection with operating and promoting and in any media now known or hereafter developed the Website, any Content, information and materials collected from you or provided by you (“User Content”), subject to the Privacy Statement.

Website, Content, Products and Services

Hiring Interviews may, directly or indirectly, make improvements and/or changes in the Website, the Content, the Products and/or the Services or any portion thereof at any time without notice or obligation to you.  Any Content, Products, Services, prices, specifications, designs, conditions or product descriptions offered or posted on the Website are subject to modification or discontinuation at any time and from time to time without notice or obligation to you.  Without limiting the foregoing, Hiring Interviews reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any Services, Products or Content offered through the Website, at any time and from time to time, regardless of whether such Services, Products or Content were previously offered at no charge.

You acknowledge and agree that Hiring Interviews, in its sole discretion and without further notice or obligation to you, may: (a) temporarily suspend or permanently discontinue your, and refuse any and all current and future, access to or use of the Website and/or the Content, Products and Services, or (b) take any other necessary or appropriate actions in case of technical problems, objectionable material, false, misleading, unlawful or inaccurate postings, articles or other contributions.

Passwords

You acknowledge and agree that any user name, login code, identifier or password (each, a “Password”) is confidential information.  You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity, whether or not a Hiring Interviews client, to access the Website, the Content, the Products or the Services using such Password.  You acknowledge and agree that you are responsible for, and Hiring Interviews is entitled to treat as authentic, any use of your username, user ID, login and/or Password, including any fees incurred.  You agree to notify Hiring Interviews immediately of any unauthorized use of any Password or any other breach of security of which you are aware.  You may not use any Password that is not issued directly to you or approved by Hiring Interviews.

Links to Third Party Sites

The Website may contain hyperlinks that connect you to third party websites. Hiring Interviews provides these hyperlinks to you only as a convenience. The inclusion of any hyperlink does not imply endorsement or control by Hiring Interviews of any other website, or the content, products or services offered through any website, or of any company or person.  If you decide to access any third party websites, you do so entirely at your own risk, and you may be subject to the terms and conditions and privacy policies of such websites.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THE APPLICABLE ADDITIONAL TERMS, THE WEBSITE, THE CONTENT, THE PRODUCTS AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LINKS, ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND WHETHER ARISING BY LAW, USAGE OR TRADE.

HIRING INTERVIEWS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HIRING INTERVIEWS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES (i) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) OF TITLE OR NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, AND (iii) RELATING TO THE TIMELINESS, ACCURACY, COMPLETENESS, OR CORRECTNESS OF DATA.

The incorporation of product attributes or specifications, as they may be discussed in materials posted on the Website, into any release or upgrade of any Hiring Interviews solution, service or software product—as well as the timing of any such release, enhancement or upgrade—is at the sole discretion of Hiring Interviews.

Indemnification

You agree to indemnify, defend and hold harmless Hiring Interviews and its officers, directors, employees, agents, suppliers, licensors and third party partners from and against all claims, losses, expenses, damages and costs (collectively, “Damages”), including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use or any applicable Additional Terms.

Limitation of Liability

IN NO EVENT WILL Hiring Interviews OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND/OR THIRD PARTY PARTNERS BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLIED, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE WEBSITE OR ANY OTHER SITE, OR IN CONNECTION WITH ANY COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, INCLUDING LOST PROFIT AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION EVEN IF Hiring Interviews HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL HIRING INTERVIEWS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING UNDER THESE TERMS OF USE OR IN CONNECTION WITH THE WEBSITE EXCEED ONE HUNDRED DOLLARS ($100.00).  THIS SECTION STATES HIRING INTERVIEWS’S SOLE LIABILITY AND YOUR SOLE REMEDY IN CONNECTION WITH THE WEBSITE.

Governing Laws and Jurisdiction

Any legal matter that may arise between you and Hiring Interviews relating to the Website shall be governed by the laws of the State of Florida without regard to principles of conflict of laws under any jurisdiction and shall be venued exclusively in the courts located in Orlando, Florida.  If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hiring Interviews as a result of these Terms of Use, any Additional Terms, the Privacy Statement or use of the Website, the Content, the Products and/or the Services.  Hiring Interviews’s performance of these Terms of Use and any Additional Terms is subject to existing laws and legal process, and nothing contained in these Terms of Use, any Additional Terms or the Privacy Statement is in derogation of Hiring Interviews’s right to comply with law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Hiring Interviews with respect to such use.  These Terms of Use, the Privacy Statement and any Additional Terms constitute the entire agreement between you and Hiring Interviews with respect to the Website, the Content, the Products and the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Hiring Interviews with respect to the Website, the Content, the Products and the Services.  In the event of a conflict between these Terms of Use and the terms and conditions of any of the foregoing with respect to the Website, the Services, the Products or any Content, the Additional Terms shall control with respect to their subject matter.  The headings in these Terms of Use are for convenience only and have no legal or contractual effect.  We may provide notice to you hereunder by posting announcements to the Website.  A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.