AGREEMENT BETWEEN USER AND GREENJOBINTERVIEW.COM, LLC:
GreenJobInterview.com, LLC (“GreenJobInterview”) provides internet based services that enable employers to connect with potential employees using a number of platforms, including live virtual interviews and one-way recorded interviews, subject to the terms of this User Agreement and other agreements which are described herein.
ACCESSING OUR WEB SITE
PARTIES TO THIS CONTRACT
GreenJobInterview sometimes is referred to as “we” or “us” or “our” in this User Agreement, except as is otherwise expressly stated in particular sections. “You” means and refers to a user of this web site including (i) a prospective employer who uses this web site, whether such use is paid for or free (a “Client”); (ii) an employee, agent, or representative of a Client or other user who accesses or reviews resumes, interviews, or other content posted on this web site or submitted to this web site by Candidates for any purpose, including employment (an “Interviewer”) or; (iii) a candidate for employment or other person who has been invited to use this web site or to post information on this web site, including, without limitation a resume or Your Communications Content (a “Candidate”).
PRICING AND PAYMENT FOR SERVICES
Pricing and payment terms and conditions for use of GreenJobInterview and the Services are set forth in our Service Agreement which the Client signs. In the future our pricing and payment terms may be posted on our web site. The pricing and payment terms may be modified or changed upon 30-days prior notice, which notice may be given, at our option by either sending an email to you or by posting new or changed pricing and payment terms on our web site. Such pricing and payment terms and the Service Agreement, each as now stated and as hereafter amended or modified, from time to time, in the sole discretion of GreenJobInterview, are expressly incorporated into this User Agreement.
SERVICES OF GREENJOBINTERVIEW®
REGISTRATION AND USER ID
You must register and obtain a GreenJobInterview User Identification (“User ID”) and select a password to become a member (“Member”) and obtain Membership and to use the Services of GreenJobInterview. When registering you must provide us with a valid user identity and a valid, functional email address for providing notices and communications to you concerning this Agreement and transactions with GreenJobInterview and the Services. You are responsible for the accuracy and completeness of the information which you provide to GreenJobInterview in your registration and your use of GreenJobInterview and the Services. You agree that you shall provide a valid, lawful identity in your registration and that you shall not impersonate any other person. You agree that you will promptly correct any errors in your registration information and will promptly update your registration information when it changes. If you do not have authority to supply information which is required either for registration or for a particular use of GreenJobInterview or the Services, then do not register or do not engage in the particular use of GreenJobInterview or the Services for which you lack such authority.
MEMBERSHIP ACCOUNT; SECURITY; PASSWORD
It is your responsibility to preserve and protect the confidentiality of your User ID, your password, and your Membership account designation. You are entirely responsible for activities conducted under your Membership account. You agree that you shall (a) make certain that you fully exit from your account at the end of each of your sessions, and (b) immediately notify GreenJobInterview in writing (which may be by email to support@GreenJobInterview ) if there is any unauthorized use of your account or password or other security breach. GreenJobInterview shall not be liable for any cost, loss, damage or liability which arises or is alleged to arise from your failure to comply with this section.
LINKS TO WEB SITES OF OTHER PERSONS
GreenJobInterview may provide you with the links to web sites of persons or entities other than GreenJobInterview. Those links to other persons are provided solely as a courtesy without any representation or warranty as to their content, use, or terms. Your use of such other web sites is subject to the terms and conditions and privacy policies, if any, of the persons or entities who control such other web sites and you use them at your own risk. GreenJobInterview does not control such web sites of other persons.
GreenJobInterview Services are available only to persons who are capable under the applicable law of forming valid contracts. If you are a natural person using GreenJobInterview on behalf of an entity, then by registering in the name of the entity and using the Services you represent and warrant that the entity may lawfully enter into this agreement and that you have lawful authority to bind that entity to the terms and conditions of this User Agreement. If you are a child (under the age of 18 years), or lack legal competency, then the Services of GreenJobInterview Services are not available to you; do not use the Services. If you are under the age of 18, or are subject to a legal guardianship, then you can use GreenJobInterview and the Services only if your legal guardian or representative first agrees with us that you may use GreenJobInterview and the Services and then supervises your use of GreenJobInterview and the Services.
PERSONS UNDER THE AGE OF FOURTEEN (14) YEARS ARE NOT ELIGIBLE TO USE THE GREENJOBINTERVIEW WEB SITE OR THE GREENJOBINTERVIEW SERVICES, EVEN WITH THE APPROVAL AND UNDER THE SUPERVISION OF A PARENT OR GUARDIAN. IF YOU ARE UNDER THE AGE OF FOURTEEN YEARS THEN IMMEDIATELY LEAVE THIS WEB SITE. DO NOT ATTEMPT TO REGISTER AS A MEMBER AND DO NOT PROVIDE US WITH ANY OF YOUR PERSONAL INFORMATION.
INTERSTATE AND INTERNATIONAL USE
You recognize that the Internet is global in nature. The GreenJobInterview web site and the Services of GreenJobInterview are intended to be offered only in jurisdictions where the Web site and Services and the manner in which they are offered are lawful. If the Web site or Services of GreenJobInterview are not lawful in the nation, state, or other jurisdiction where you are located, then do not use or attempt to use GreenJobInterview or the Services in that location. If you are accessing or using GreenJobInterview or the Services in any nation, state or other jurisdiction which restricts such access or usage, then you shall abide by the laws of that place and refrain from any access or use as required by the laws of the applicable jurisdiction. You also agree that you shall comply with all applicable laws concerning transmission of technical data, including without limitation, the export of technical data from the United States or from the jurisdiction in which you reside or are accessing GreenJobInterview.
This Agreement takes effect immediately upon completion of registration by a new user. This Agreement applies to all others who use, or continue use, of GreenJobInterview or the Services of GreenJobInterview after September 1, 2008.
AMENDED TERMS AND CONDITIONS
From time to time, we may restrict access to some parts of our web site, or our entire web site, to Clients, Interviewers, or Candidates who have registered with us. Additionally, we reserve the right to halt, interrupt, or prevent your use of GreenJobInterview or the Services if you violate the terms of this User Agreement or if through no fault of our own we are unable to provide to you one or more of the Services, without prior notice to you.
TERMINATION OF THIS AGREEMENT
This is an agreement at will, which either you or we may terminate, with or without cause. You may terminate this Agreement only by giving 30-days prior written notice of termination to GreenJobInterview and ceasing all further use of GreenJobInterview and the Services. All such terminations are expressly subject to the billing and payment terms set forth in the GreenJobInterview Service Agreement, including the fact that discounted pre-paid interview blocks are non-refundable and that the Client will remain responsible, after termination, for 50% of the remaining unpaid balance for the GreenJob One-Way interview plan selected by Client based upon the number of partial or full months remaining in the plan at the time of receipt of written termination by GreenJobInterview. If you decide after you have entered into this Agreement that you no longer wish to agree with any term or condition of this Agreement, as it may be amended from time to time, then your only remedy is to terminate this Agreement by written notice, to cease use, and to refrain from further use of GreenJobInterview and its Services.
If you terminate this Agreement then you must cease all use of, and remove from your computer(s), any software associated with GreenJobInterview and the Services; and you must destroy any copies of such software, except only that you shall not destroy matter which is reasonably likely to be or to become material evidence in judicial or arbitration proceedings, or which you are required to maintain pursuant to any law or regulation of the jurisdiction in which you reside.
Following termination of this Agreement this Agreement will survive for the limited purpose of governing rights, obligations and responsibilities which arise from events and transactions that occurred prior to such termination; but no right will survive for continued or future use of GreenJobInterview or the Services. For example, if you incur charges, liabilities, or obligations to GreenJobInterview which have not yet been paid or discharged at the time you terminate then you remain obligated to pay such charges and to discharge such liabilities and obligations after you terminate. As a further example, your obligations to respect our copyrights, trademarks, and other intellectual property continue after termination.
If you give written notice of termination, but continue or resume use of GreenJobInterview or the Services then GreenJobInterview may elect in its sole discretion to deem your termination to be ineffective, but retains its rights to immediately terminate, block or restrict your use without notice.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our web site, and in the material published on it. Those works are protected by copyright laws and treaties in the United States and around the world. All such rights are hereby expressly reserved.
You may print one copy, and may download extracts of any page(s) from our web site for your personal reference and you may draw the attention of others within your organization to material posted on our web site. You must not modify the paper or digital copies of any materials you have printed off or downloaded from our web site, in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status and that of any identified contributors, as the authors of material on our site, must always be acknowledged. You must not use any part of the materials on our web site for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of our web site in breach of these terms, your right to use our web site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
YOUR USER’S INFORMATION; YOUR INFORMATION
As a user you and your computer necessarily must supply information to access, register and use GreenJobInterview and the Services. You may choose, or your computer may automatically function, to send information to us, or exchange it with us and others during the course of your use of GreenJobInterview and the Services. Your User’s Information (also called “Your Information”) is defined for the purposes of this Agreement to mean the content and the form of any and all information which you or your computer provide to us, or cause or permit other persons to transmit to us, in connection with:
(i) Your accessing of the GreenJobInterview domain or any sub domains or linked domains or the GreenJobInterview web site or pages;
(ii) Your logging on to GreenJobInterview;
(iii) Your registration to become a Member of GreenJobInterview;
(iv) Any email or other communications you have with GreenJobInterview or its employees or agents; and
(v) Your financial and other transactions with GreenJobInterview.
“Your User’s Information” is distinguished from, and does not include, communications between you and third parties by use of GreenJobInterview and the Services, which are defined under the topics “Your Communications Content” and “Your Correspondents’ Communications Content.”
YOUR COMMUNICATIONS CONTENT
“Your Communications Content” is the content and form of any information that you post, communicate, transmit, or direct to any third party in any manner through the use of GreenJobInterview, or the Services, or the GreenJobInterview Internet domain, or any sub domain, or any linked domain that is owned, controlled or operated by GreenJobInterview. You are solely responsible for the accuracy, lawfulness, risks and use of the content of Your Communications Content. GreenJobInterview does not select, monitor or modify Your Communications Content. “Third party” means any person not affiliated with GreenJobInterview.
YOUR CORRESPONDENTS’ COMMUNICATIONS CONTENT
“Your Correspondents’ Communications Content” means the content and form of any information that you receive, access, take or otherwise obtain that originated from, was sent from, or was posted by any third party in any manner through GreenJobInterview, the GreenJobInterview Services, or the GreenJobInterview Internet domain, or any sub domain, or any linked domain that is owned, controlled or operated by GreenJobInterview. You and your correspondents are solely responsible for the accuracy, lawfulness, risks and use of the content of Your Correspondents’ Communications Content. GreenJobInterview does not monitor, select or modify Your Correspondents’ Communications Content. “Third party” means any person not affiliated with GreenJobInterview.
INFORMATION WE RECEIVE, SWITCH AND TRANSMIT WITHOUT RECORDING
GreenJobInterview provides systems for the receipt, switching and transmission of Your Communications Content and Your Correspondents’ Communications Content during your sessions using the Services. This is similar in some respects to the switching of telephone calls. It includes:
(i) Sessions and Host-approved Participants.
(ii) Registered Members Act as Hosts of Sessions. During a session using GreenJobInterview, GreenJobInterview receives and transfers communications only among the Host and other participants who have been approved by the Host Member to participate in that particular session or conference. GreenJobInterview records both the registration information of the Host Member and that Host Member’s User ID and email address because only registered Members of GreenJobInterview can act as a Host of a session. As a necessary condition of participation in a session, GreenJobInterview requires that each other participant supply GreenJobInterview with a user name and a valid, functional email address with reference to which communications will be switched during that particular session.
(iii). Non-Host Participants in Sessions. To participate in a session, a prospective participant must first log onto the GreenJobInterview system by providing GreenJobInterview with the prospective participant’s user name and a valid, functional email address. GreenJobInterview records the user name and email address supplied during log-on by each prospective participant in a session. GreenJobInterview does not require that any participant in a session, other than the Host Member, be a registered Member. GreenJobInterview does not undertake to verify the validity or functionality of the email address provided by a prospective participant. However, all Members and participants are required to provide valid, functional email addresses, the Services may not function correctly without them, and it is a violation of this Agreement for a Member or participant to supply a non-functional, fake, or impersonated email address and user name. Each prospective participant’s log-on information will be recorded by GreenJobInterview. Prospective non-Host participants either (1) can be invited to participate in a particular session through an email initiated by the Host through GreenJobInterview’s system, or (2) can be informed of the Host’s email and scheduled session by means independent of GreenJobInterview’s system. The prospective participant then must log onto GreenJobInterview’s system and query the GreenJobInterview system by manually keying in the registered email address of the Host Member to determine whether that Member is the Host of a currently pending or scheduled session, and then can request participation in that Host’s current or scheduled session. GreenJobInterview forwards to the Host of a particular session the logged-on user name and email address of each prospective participant who has requested participation with reference to that Host’s registered email address. The Host of that particular session then must affirmatively select which of the logged-on user names and email addresses are approved for participation in that Host’s particular session and must transmit back to GreenJobInterview the Host’s affirmative approval of the selected user names and email addresses. Thus GreenJobInterview will have identifiable Membership registration information for the logged-on user name and email address of a non-Host participant only if, coincidentally, a non-Host participant also happens to be a registered Member and has used that identical user name and email address to register as a Member.
IP ADDRESSES RECEIVED AND RECORDED
Every user’s browser as part of the automatic network protocol reports its IP (Internet Port) address to the GreenJobInterview web site each time a web page is viewed and we may (nut are not obligated to) record and store some or all of these IP addresses as well as a listing of the web pages requested using a particular IP address. Your IP address may be stored in our data base when you register for Membership. GreenJobInterview shall not disclose the IP address that you provide to any third party without your prior written consent and shall have no right to use your IP address for any purpose other than in furtherance of the Services we provide hereunder.
GREENJOBINTERVIEW NOT OBLIGED TO VERIFY USER NAMES, EMAIL ADDRESSES OR IDENTITIES
Because a user name and email address are used to route communications among computers, and because computers communicate with each other by coded network addresses, the combination of a user name and email address might, but does not necessarily, identify a particular person. GreenJobInterview ordinarily does not and usually cannot verify or authenticate email addresses and does not undertake any obligation to you to do so. GreenJobInterview does not and usually cannot verify or control the identity of the natural persons who have access to or control the particular computers that are identified by an IP address or email address supplied to GreenJobInterview for computer-routing purposes and we do not undertake any obligation to you to do so.
It is the responsibility and risk of the Host Member to use whatever identification measures the Host thinks appropriate and prudent when the Host supplies its registered address for delivery to prospective participants and when the Host approves a particular user name and email address for participation in a Host’s particular session. Similarly, it is the responsibility and risk of a prospective participant when using a Host’s email address, and when supplying GreenJobInterview with the prospective participant’s email address and password for delivery to a Host, to use such measures as the prospective participant thinks appropriate and prudent to identify and verify whom it will be dealing with in a session, including without limitation the Host and other participants in the session.
We reserve the right, for protection of ourselves and our systems, to use whatever lawful means may be at our disposal to attempt to verify any IP (Internet Port) address, email address, or other identification information of any Member, participant, user or visitor.
CONTENTS OF HOST AND PARTICIPANT COMMUNICATIONS ARE TRANSITORY IN SESSIONS (EXCEPT FOR GREENJOB ONE-WAY™ AND GREENJOB LIVE™ INTERVIEWS); NO ARCHIVAL STORAGE.
During sessions, communications among the Host and other participants are transitorily resident within the automatic switching systems, computer memory, and any temporary on-line parallel or concurrent backup systems of GreenJobInterview and our Internet Service Providers (“ISPs”). The archival storage of each session is generally limited not to exceed ten consecutive days, and most will have much shorter duration, except for the recording of all of the GreenJob One-Way interviews and, if requested by Client, GreenJob Live interviews.
Within sessions all transmission of communications is initiated or directed by the Host and other participants, not by GreenJobInterview. Your Communications Content and Your Correspondents’ Content is transmitted among the Host and other participants automatically based upon the Host’s selection of participants. The transmission, routing, provision of connections, and any storage of content is done at the direction of the Host and other participants, except as otherwise expressly noted in this User Agreement, and material is transmitted by automatic technical processes without selection or modification of the content by GreenJobInterview.
GreenJobInterview does not otherwise record, backup, or archive the contents of Host and participant communications during a session, except as is technically necessary for that particular session, and those contents then are dissipated from GreenJobInterview’s systems either during or upon termination of a particular session, unless the Client specifically requests GreenJobInterview to record the GreenJob Live interview, and in all cases, the recording of the GreenJob One-Way interview. Except as otherwise expressly noted in this User Agreement, no copy of Your Communications Content or Your Correspondents’ Communication Content during sessions is maintained or stored on the GreenJobInterview system or network in a manner that ordinarily would be accessible to anyone other than the Host and participants selected by the Host for a particular session.
Except as expressly noted in connection with the recording of GreenJob One-Way interviews and the recording of GreenJob Live interviews when specifically requested by the Client, after termination of a particular session no copy that has been maintained by GreenJobInterview during a particular session remains ordinarily accessible to the Host or other participants for a longer period than is reasonably necessary for that session.
Except as expressly noted in connection with the recording of GreenJob One-Way interviews and the recording of GreenJob Live interviews, the Host and other participants are entirely responsible for any recordation, archiving, or other backup of their own content, and may do so only as permitted by applicable law. Except as expressly noted in connection with the recording of GreenJob One-Way interviews and the recording of GreenJob Live interviews GreenJobInterview explicitly disclaims any such recordation, archiving and backup except as is reasonably necessary to functionally maintain a session then in progress.
After completion of a particular session the only information that is retained by design at GreenJobInterview with reference to that session is a record that the Host’s session took place, which may include the time, and the user names, email addresses and IP addresses supplied by the Host, participants and prospective participants for that session and the retention of a recording of all GreenJob One-Way interviews and the retention of GreenJob Live interviews when specifically requested by the Client, and in such instances the recordings are maintained in accordance with the policies set forth in this User Agreement.
GreenJobInterview does not monitor the content of Host and participant communications during sessions. The Host and participants bear sole responsibility, risk and liability for the content of their communications and for the identification and selection of recipients of their communications.
GREENJOB ONE-WAY AND GREENJOB LIVE INTERVIEWS; ARCHIVAL STORAGE; AUTHORIZATION; DOWNLOAD FEES
The GreenJob One-Way platform allows Clients to conduct a one-way recorded interview with Candidates using the GreenJob One-Way. Candidates record video responses to interview questions which can then be reviewed, evaluated and shared by the Clients and Interviewers. GreenJob Live interviews are not recorded unless specifically requested by the Client. The Department of Labor through the United States Equal Opportunity Commission (“EEOC”) enforces the Federal laws that prohibit employment discrimination on the basis of race, color, religion, sex, national origin, age, and disability. The EEOC promulgates rules that involve record keeping, including the Title VII and ADA record keeping rule 29 C.F.R. Part 1602; and the Uniform Guidelines on Employee Selection Procedure (“UGESP”) (29 C.F.R. Part 1607). As to covered entities, such as a User of the GreenJob One-Way Title VII and ADA record keeping rules require that “any personnel or employment record made or kept by an employer…shall be preserved by the employer for a period of one year from the making of the record or the personnel action involved, whichever occurs later”. This includes, from the date of “application forms submitted by applicants and other records having to do with hiring…,” among many other personnel or employment records. Additionally, the UGESP requires covered entities to maintain “records or other information which will disclose the impact which its tests and other selection procedures have upon employment opportunities of persons by identifiable race, sex, or ethic group…” 29 C.R.F. § 1607.4(a). Additionally, the Department of Labor, Office of Federal Contract Compliance Programs (“OFCCP”), enforces Executive Order 11246 that prohibits employment discrimination by most government contractors and imposes affirmative action obligations. Executive Order 11246 includes significant recordkeeping requirements relevant to affirmative action. Code of Federal Regulations, Title 41, Chapter 60 – 1, § 60-1.12 requires that “Any personnel or employment record made or kept by the contractor shall be preserved by the contractor for a period of not less than two years from the date of the making of the record or the personnel action involved, whichever occurs later… such records include, but are not necessarily limited to, records pertaining to hiring, assignment, promotion, demotion, transfer, lay off or termination, rates of pay or other terms of compensation, and selection for training or apprenticeship, and other records having to do with requests for reasonable accommodation, the results of any physical examination, job advertisements, and postings, applications, resumes, and any and all expressions of interest through the Internet or related electronic data technologies as to which the contractor considered the individual for a particular position, such as on-line resumes or internal resume databases, records identifying job seekers contacted regarding their interest in a particular position (for purposes of recordkeeping with respect to internal resume databases, the contractor must maintain a record of each resume added to the database, a record of the date each resume was added to the database, the position for which each search of the database was made, and corresponding to each search, the substantive search criteria used and the date of the search; for purposes of recordkeeping with respect to external resume databases, contractor must maintain a record of the position for which each search of the database was made, and corresponding to each search, the substantive search criteria used, the date of the search, and the resumes of job seekers who met the basic qualifications for the particular position who are considered by the contractor), regardless of whether the individual qualifies as an Internet Applicant under 41 CFR 60 – 1.3, tests and test results, and interview notes. If the Client is a Federal contractor, it is likely that Client would be subject to the OFCCP regulations.
GreenJobInterview believes that the Title VII and ADA record keeping rules, UGESP, and the OFCCP regulations, to the extent that Client is a covered Federal contractor, apply to GreenJob One-Way interviews, and if recorded at the specific request of the Client, the recording of the GreenJob LiveTM interviews. GreenJob One-Way interviews, and in those instances in which the Client specifically requests the recording of the GreenJob Live interviews, will be stored by GreenJobInterview for a period of not less than two (2) years from the recording of the interview, or the last date that the interview is reviewed by the Client or Interviewer, whichever occurs later. BECAUSE THE EEOC’S RECORD KEEPING REGULATIONS REQUIRE THAT THE PERSONNEL OR EMPLOYMENT RECORDS BE PRESERVED BY THE EMPLOYER FOR A PERIOD OF ONE (1) YEAR FROM THE MAKING OF THE RECORD OR THE PERSONNEL ACTION INVOLVED WHICHEVER OCCURS LATER, OR IF THE EMPLOYER IS THE SUBJECT OF A PERSONNEL ACTION BY THE EEOC, THE RECORDS MUST BE PRESERVED UNTIL THE FINAL DISPOSITION OF THE CHARGE OR ACTION, IT IS THE SOLE RESPONSIBILITY OF THE CLIENT TO NOTIFY GREENJOBINTERVIEW IN THE EVENT OF ANY EEOC PERSONNEL ACTION SO THAT THE SUBJECT RECORDED INTERVIEWS CAN BE MAINTAINED FOR A LONGER PERIOD IN COMPLIANCE WITH THE EEOC REGULATIONS. IN THE EVENT THAT THE CLIENT DOES NOT NOTIFY GREENJOBINTERVIEW OF AN EEOC PERSONNEL ACTION WHICH WOULD CREATE A RECORD KEEPING OBLIGATION LONGER THAN ONE (1) YEAR FROM THE MAKING OF THE RECORD OR THE PERSONNEL ACTION INVOLVED WHICHEVER OCCURS LATER, AND GREENJOBINTERVIEW ERASES OR DELETES THE RECORDED INTERVIEW, THE CLIENT AGREES THAT GREENJOBINTERVIEW SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION THEREWITH.
GreenJobInterview will allow Clients who have an active account with GreenJobInterview and who are not in default of any payment or other obligations owed to GreenJobInterview unfettered access to all recorded interviews. Moreover, GreenJobInterview presently has a policy to preserve all of Client’s recorded interviews for a period of two (2) years (or longer in the case of an EEOC or OFFCP Personnel Action) so long as Client has an active account with GreenJobInterview and is not in default of any payment or other obligations owed to GreenJobInterview. After this period of time, provided that Client has an active account with GreenJobInterview and is not in default of any payment or other obligations owed to GreenJobInterview, Client’s recorded interviews will be deleted, unless within sixty (60) days thereafter Client elects to download selected recorded interviews for a one-time fee for each downloaded interview. The per-interview download fee is set forth in Client’s Service Agreement. GreenJobInterview expressly reserves the right to change this records preservation policy at any time, upon notice to Client, which change may include the deletion of Client’s recorded interviews, provided, however, any such change shall require GreenJobInterview to preserve recorded interviews for a period of time that complies with all EEOC and, if applicable, OFFCP, record keeping regulations If GreenJobInterview changes its recorded interview preservation policy to allow for the earlier deletion of a Client’s recorded interviews, or Client no longer has an active account with GreenJobInterview, or if this User Agreement is terminated either by Client or GreenJobInterview, Client shall have thirty (30) days thereafter to download on to Client’s or a third-party’s server all recorded interviews upon the payment of the per-interview download fee specified in the Client’s Service Agreement. If a Client’s recorded interview is deleted in accordance with the above policies, Client hereby expressly warrants and agrees that thereafter GreenJobInterview shall have no record preservation obligations to Client irrespective of whether or not Client chooses to download its recorded interviews, and hereby releases GreenJobInterview from any and all liability related to or arising from the deletion, in accordance with the above policies, of Client’s recorded interviews or any failure of Client to comply with any record keeping rules or laws.
If you are a candidate, by accessing the GreenJob One-Way interview platform, you expressly authorize GreenJobInterview to enable video recording of you, to store the recording, and to use the recording to provide Services hereunder. Additionally, you expressly authorize other users of GreenJobInterview Services to access your recorded video and to do so on more than one occasion. Furthermore, you expressly indemnify GreenJobInterview for any misuse, intended or unintended, of your recorded video, its content, and/or information conveyed therein. This indemnification shall include, but not be limited to, payment of all legal fees (including, but not limited to attorney’s fees, and legal costs incurred by GreenJobInterview relating to any misuse or alleged misuse of your recorded video, its content, and/or information conveyed therein).
GREENJOBINTERVIEW PUBLIC ROOMS; PUBLIC VIDEO, TEXT CHAT ROOMS AND BILLBOARDS
GreenJobInterview may provide public video, text chat rooms, billboards, special interest rooms, and other publicly available contents at its web site (“GreenJobInterview Public Rooms”), the content of which may be accessible by any member of the general public visiting the GreenJobInterview web site with minimal or no registration. GreenJobInterview’s Public Rooms enable visitors and prospective Members to engage in limited trials of GreenJobInterview’s systems. Visitors to the GreenJobInterview web site may be enabled to post information to some GreenJobInterview Public Rooms. The content posted by visitors to the GreenJobInterview Public Rooms will be transitorily resident within the automatic switching systems, computer memory and caches, and any temporary on-line parallel or concurrent backup systems, of GreenJobInterview and its Internet service providers. Both the posting and accessing of content in GreenJobInterview Public Rooms is done automatically at the direction of visitors and prospective Members and GreenJobInterview does not undertake to select or modify such content, other than by deleting it from time to time. GreenJobInterview does not archive or preserve content which is posted in GreenJobInterview Public Rooms. Our policy is to take down material from GreenJobInterview Public Rooms after display for not more than ten consecutive days, and often more frequently, after which such content dissipates from its systems. GreenJobInterview reserves the right, at any time and for any reason whatsoever or for no reason: (i) to take down, restrict, or refuse to post any information in the GreenJobInterview Public Rooms, or (ii) to make such Public Rooms available or unavailable.
LICENSE GRANTED BY YOU TO US FOR CONTENT TRANSMITTED BY YOU TO PUBLIC AREAS
When you communicate content to or within any GreenJobInterview Public Room or any other area of GreenJobInterview which is intended to be accessible by the general public, then you shall be deemed to have granted to us an irrevocable, world-wide, no-royalty, no-fee license to publish, distribute, use, reproduce, modify, adapt, translate, publicly perform and publicly display (in whole or in part) in any manner, place, or medium whatsoever such content transmitted or posted to GreenJobInterview Public Rooms. This license from you to us is fully sublicensable by us.
GreenJobInterview does not pre-screen the content of transmissions and postings originated or transmitted by you or by any other user or visitor in GreenJobInterview Public Rooms. We have no obligation to post, display, transmit, or retain any material whatsoever in any GreenJobInterview Public Room or other publicly accessible area. We at our sole and unfettered discretion may limit access of anyone, refuse to post, or may remove or delete any matter, or may block or terminate access by any person, at any time for any reason or for no reason. We also may make available or unavailable any Public Room, public page, or other area that may be generally accessible to the public.
LICENSE GRANTED BY US TO YOU FOR USE OF OUR SYSTEMS AND SOFTWARE
This license is non-transferable and non-sublicensable by you, is terminable at will by us without notice to you; and is subject to the terms of this Agreement. Generally your access to a Public Room may be automatically limited not to exceed ten minutes during any one log on by you. If you register as a Member, and so long as you comply with the payment terms and other terms of this Agreement, or if you are granted access by a Host Member to a session, then you are granted by us a temporary limited license to use those portions of our system which we provide for that particular session. Your license as a Member is non-sublicensable and non-transferable by you, and is terminable at will by us at any time for any reason or for no reason.
CONTENT MAY BE OFFENSIVE
You recognize that GreenJobInterview generally does not, and usually cannot, pre-screen, monitor, modify or control in real time the content of any communications or posting, either in sessions or in publicly accessible areas. Therefore, you acknowledge that when you use any area of GreenJobInterview there is a risk that you could be exposed to salacious, obscene, pornographic, hateful, misleading, fraudulent or other objectionable materials posted or otherwise communicated by other Members, participants, users, or visitors. You agree to accept this risk. You agree that GreenJobInterview shall have no responsibility or liability to you for any such exposure you may experience. GreenJobInterview does not intentionally sponsor such offensive matter and you and all other users are required to agree not to engage in the conduct which is prohibited or restricted by this Agreement, but we do not, and ordinarily cannot, undertake to police such conduct by users.
YOU WARRANT YOUR AUTHORITY FOR USE OF YOUR INFORMATION.
LICENSE OF YOUR USER INFORMATION FROM YOU TO US
YOUR EDITING AND DELETION OF YOUR USER INFORMATION
GreenJobInterview provides ways for you to edit Your Information and preferences. To do so, please log on using your Membership ID and password, then click on this link: youraccount.GreenJobInterview. This link enables you to state whether or not you want GreenJobInterview to contact you about special offers and new products; it enables you to specify which categories of information you wish to receive or not receive, to exercise opt-out elections, or to request termination of your account.
You also may request that your GreenJobInterview registration and Membership be terminated and deleted by sending an email to support@GreenJobInterview. To aid fraud prevention, deletion may be deferred for up to 90 days after receipt of your written request for termination. Please see the topics CONTENTS OF HOST AND PARTICIPANT COMMUNICATIONS ARE TRANSITORY IN SESSIONS (EXCEPT FOR GREENJOB ONE-WAY AND GREENJOB LIVE INTERVIEWS); NO ARCHIVAL STORAGE. GREENJOB ONE-WAY AND GREENJOB LIVE INTERVIEWS; ARCHIVAL STORAGE; AUTHORIZATION and
Archival Retention of Your Information to read about what information may remain in archived records after termination of your registration and Membership.
ARCHIVAL RETENTION OF YOUR INFORMATION
In order to protect its systems against failures and loss of data and to enable resumption and continuation of the Services with minimal disruption and down time, GreenJobInterview likely will maintain parallel, redundant, backup, or other archival systems (“Archived User Information.”) which may vary from time to time depending up the technology then in use by us. Such systems are designed to archive information which can be recalled. As a matter of course during operation of our systems Your Information is likely to be included in Archived User Information. When your registration and Membership are terminated in our currently active databases, there likely will remain pre-existing copies of Your Information in Archived User Information that is being held more or less independently of the currently active databases and from which Your Information therefore will not have been deleted. Reasonable efforts will be made to promptly include your termination request in the most current Archived User Information so that your termination instruction will be honored. However, it is possible that in the event of loss or damage of the currently active databases, older Archived User Information which still contains Your Information will be used to restore service, thereby resulting in restoration of Your Information in what then becomes the currently active databases. You agree to accept this risk and your sole remedy in such an event will be to again request termination of your registration and Membership. Even when you request termination of your account, it will be necessary for GreenJobInterview to maintain some limited records of your transactions with GreenJobInterview. For example, we may maintain some identifying information concerning you to keep a record of your request for termination of your account as well as records of our prior transactions with you for our financial and tax reporting purposes. Additionally, all GreenJob One-Way interviews will be recorded and GreenJob Live interviews which the Client has specifically requested to be recorded will be recorded and all such recordings will be maintained in accordance with the provisions of this User Agreement.
PROHIBITED AND RESTRICTED ACTIONS
1. Unlawful Activities. You agree that you shall not do any of the following in connection with your use of GreenJobInterview, the Services, or Your Information:
(a) violate any law, statute, regulation, or rule having the force of law; this includes without limitation, laws concerning anti-terrorism, money laundering, export control, investment securities, consumer protection, unfair competition, anti-discrimination, false advertising, gambling, wagering, eavesdropping, communication interception, child abuse, elder abuse, “hate” crimes, obscenity, pornography, and insider trading;
(b) make any false, materially misleading, or fraudulent statements or communications to us or to any other person;
(c) engage in fraudulent or otherwise unlawful transactions;
(d) sell or otherwise transfer counterfeit or stolen items or materials;
(e) infringe any copyright, trademark, patent, or other intellectual property of GreenJobInterview or of any third party, nor misappropriate or disclose trade secrets or other proprietary rights without the consent of the owner, nor violate the privacy rights of any person;
(f) engage in defamation, slander, unlawfully harassing, hateful, or threatening activity;
(g) engage in or communicate unlawful obscenity or pornography, or child-harming activity and you agree that you shall not transmit, post, email, forward, or otherwise use or traffic in material which is lawfully suitable only for adults except in areas and channels of communication that are restricted to Mature Audiences and to which only persons for whom such material is suitable will be given access;
(h) engage in, pass on or transmit any Ponzi or pyramid scheme;
(i) “stalk” or harass any other person;
(j) if you are accessing or using GreenJobInterview or the Services in any nation, state or other jurisdiction which restricts such access or usage, then you shall abide by the laws of that place and refrain from any access or use as required by the laws of the applicable jurisdiction.
2. Improper, Illegal and Abusive Computer and System Functions. You agree that you shall not:
(a) interfere with, impair or degrade any functions of GreenJobInterview or the Services;
(b) interfere with or cause us to lose the services of our Internet Service Providers (“ISPs”) or other persons who provide goods or services to us;
(c) create or purport to create liability for us;
(d) undermine the integrity of the user referral system or the user feedback system;
(e) interfere with the performance by our employees of their duties;
(f) create or impose an unreasonable load on GreenJobInterview or its services, functions or infrastructure;
(g) employ any automatic data-mining or search engine, including without limitation any robot, spider, scraper, or similar means to access GreenJobInterview, the Services or web site content without the express, prior written consent of an authorized officer of GreenJobInterview;
(h) bypass security measures or constraints which we have created to restrict access to or use of our systems and our data;
(i) transmit any material that constitutes or contains any harmful computer code, including without limitation, any computer virus, Trojan horse, worm, time bomb, denial of service, cancelbot, easter egg, or other computer codes or methods which are harmful to, or unlawfully detract from the function or performance of, expropriate, misappropriate, or misuse our computers, software, systems or infrastructure, or those of any other person; “transmit” includes without limitation to upload, post, email or otherwise make available;
(j) copy, modify, create derivative works from, reverse-engineer, decompile, duplicate, distribute, or publicly display any matter obtained from GreenJobInterview, the web site, or the Services, or from any other person by use of the Services, without the express prior written consent of GreenJobInterview or other person owning rights in such matter;
(k) bypass our home page, headers, control screens, or other functional elements of GreenJobInterview and the Services, and, without limitation you shall not engage in “deep-linking,” or similar or equivalent techniques.
RESTRICTED COMMERCIAL ACTIVITIES
You agree that you shall not, without the prior express written consent of a duly authorized officer of GreenJobInterview, use GreenJobInterview or the Services to do any of the following:
(a) solicit advertisers or sponsors;
(b) solicit or obtain credit card, debit card, bank account or brokerage account information or charges;
(c) solicit, obtain, or collect private information of other persons;
(d) send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards set forth in this User Agreement.
(e) display advertising or sponsorships of any kind, including without limitation display banners generated by banner or link exchange services;
(f) offer or sell goods or services;
(g) provide personal services, counseling, or advice for which a governmental license is required, such as, without limitation, medical, psychiatric, psychological, dental, pharmacy, legal, investment, or accounting services;
(h) transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (SPAM).
(i) collect or store personal data about other Members, participants or users.
(j) use our web site for the purpose of harming or attempting to harm minors in any way.
AIDING, ABETTING AND CONTRIBUTING TO UNLAWFUL ACTIVITY
You agree, in connection with your use of GreenJobInterview and the Services, that:
You shall not aid or abet any other person to engage in any activity which is unlawful, or which is constrained or restricted by this Agreement; and
You shall not contribute to any such misconduct of any other person.
These content standards (“Content Standards”) apply to any and all material which you upload, record, initiate or otherwise transmit to our site, (contributions), and to any interactive services associated with it. In all such instances, you agree to comply with the letter and spirit of the following standards. The standards apply to each part of any contribution as well as to the entire contribution.
Contributions must be accurate (where they state facts); be genuinely held (where they state opinions); and comply with all applicable governmental rules, regulations, and laws both in the jurisdiction where the contributions arise as well as all jurisdictions in which the contributions are subject to be viewed by others.
Contributions must not contain any material which is defamatory of any person; contain any material which is obscene, offensive, hateful or inflammatory; promote sexually explicit material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, data base right or trademarks of any other person or entity; be likely to deceive any person; be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal activity; be threatening, abusive or invade another person’s privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; be used to impersonate any person, or to misrepresent your identify or affiliation with any person; give the impression that the contribution emanates from us, if this is not true; and advocate, promote, or assist any unlawful act such as, by way of example only, copyright infringement or computer misuse.
Information Collection and Use.
We record and organize information about you from the following sources which may result in records personally identifiable to you. Information which your browser reports automatically as part of the network protocol, including your computer’s IP address, and the page you requested; Information when you visit GreenJobInterview pages, when you log in, and when you enter promotions and sweepstakes. Information which you disclose to us during registration to become a user or Member, or otherwise to supply us when you use GreenJobInterview and the Services. This information includes your name, address, email address, and user name.
Disclosure of Nonpublic Personal Information.
We do not rent or sell your nonpublic personal information in the ordinary course of our business to any nonaffiliated third party. We disclose your nonpublic personal information to nonaffiliated persons as follows:
(i) when we have your consent to disclose.
(ii) when we need to share your information in order to provide the product or Services you have requested.
(iii) when we respond to legal process, subpoenas or Court orders.
(iv) when you have violated or threaten to violate the terms of this User Agreement and such disclosure is made in connection with our exercise of our rights.
We also reserve rights to disclose your nonpublic personal information to nonaffiliated third parties as follows:
(v) the right to make a confidential disclosure in connection with sale, merger, refinancing, recapitalization, or other reorganization of our entire business, or of some portion of our business, provided that the disclosures are made in confidence only for the purposes of such a contemplated transaction and for carrying on the same or a related business following such transaction, and provided that the person in receipt of the disclosure is required to maintain privacy policies at least as restrictive as our applicable privacy policies;
Your Right to Opt Out of Disclosures of Nonpublic Personal Information.
If you are registered as a Member of GreenJobInterview or are a user of our Services and you wish to opt out of disclosures of your nonpublic personal information to third parties not affiliated with GreenJobInterview, please call GreenJobInterview at (888) 838-8331 and follow it up with an email stating your wish to opt. out to support@greenjobinterview.
Communications From Which You Cannot Opt Out.
You are not provided any opportunity to opt out of protocols which are part of the function of GreenJobInterview and the Services and that are likely to disclose some personal information about you to third parties not affiliated with GreenJobInterview. For example, your browser must provide an IP address to exchange communications. As another example, it is an essential part of the functional protocol for Hosted meetings using the Services of GreenJobInterview that the user acting as Host is supplied with a valid user name and a valid, functional email address (and sometimes additional personal identification information) for each person who requests participation in a Host’s session so that the Host can exercise a right of consent to each participant. GreenJobInterview does not obtain control over persons merely by accepting registration of them as users of GreenJobInterview or by their participation in use of the Services during Host’s session. A user acting as a Host therefore is an unaffiliated third party who receives and could collect such information concerning prospective participants in a manner which is beyond the practical control of GreenJobInterview. Similarly, a Host must provide prospective participants with means to identify a particular Host for a particular session in connection with requests for participation in that Host’s particular session, and such prospective participants are third parties unaffiliated with GreenJobInterview who could record that information.
Editing Your GreenJobInterview Account Information.
If you have registered as a user or Member of GreenJobInterview you may log on using your User ID and password. Select Admin Options and Account Information to edit your registration information, to change your preferences, and to unsubscribe from portions or all categories of future marketing communications from GreenJobInterview and its affiliates.
A cookie is a small amount of data, which often includes a unique identifier, which is sent to your browser from a web site’s computers and is stored on your computer’s hard drive. Each web site can send its cookie to your browser if your browser allows cookies. Generally, your browser only permits a particular web site to access the cookies that particular web site has previously sent to your browser and does not permit other browsers to access cookies sent to you by web sites other than that particular one. Most browsers allow you to set preferences to accept all cookies, to reject all cookies, or to notify you when a cookie is set. You must check your browser’s “help” menu to determine your browser’s capabilities and to select the preferences which your browser offers you.
Many GreenJobInterview Pages and Services do not require a cookie. However, certain products or services may require that you log in and permit use of a cookie. If your browser is set to reject all cookies, or if your browser is set to notify you and request your consent to set a cookie and you fail to give your consent, then GreenJobInterview will be unable to provide you that product or service. GreenJobInterview may use its own cookies for a variety of purposes including but not limited to:
To recall your information when you log in so that we can provide you with customized services.
To monitor the amount of time which elapses without activity by you while you remain logged onto one of the Services; this is to enable automatic termination of your log-on for the purpose of protecting you against others using your unattended, logged-on account if you do not respond to a request to re-enter your password after a period of inactivity.
To keep track of the preferences you state when you use GreenJobInterview or the Services.
To monitor use of GreenJobInterview and the Services for the purposes of improving our products and services.
To determine the size and characteristics of our user base and traffic.
To offer you appropriate products and services based upon your prior use and preferences.
You may contact us about confidentiality, security or privacy issues at support@greenjobinterview.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY; NOTICE OF CLAIMS OF INFRINGEMENT
We respect the copyright and other intellectual property of other persons. We ask that you also respect intellectual property rights. In appropriate cases we may exercise discretion to limit, terminate or disable the accounts of Members or other users who are identified as repeat infringers, or to remove or disable access to infringing material. If you believe that your copyright has been infringed, or that your intellectual property rights have been violated, then provide GreenJobInterview in writing with the following:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail (“email”) address at which the complaining party may be contacted;
(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE AS FOLLOWS:
(1) NO WARRANTY. GREENJOBINTERVIEW, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS PROVIDE GREENJOBINTERVIEW AND THE SERVICES “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED OR STATUTORY. WITHOUT LIMITING THE BREADTH OF THE FOREGOING SENTENCE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FOR THE PURPOSES OF THIS SECTION, ” GREENJOBINTERVIEW, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS” IS INTENDED TO INCLUDE, WITHOUT LIMITATION, GREENJOBINTERVIEW, OUR LIMITED LIABILITY COMPANY MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND ATTORNEYS THE SUPPLIERS OF OUR WEB SITES, OUR INTERNET SERVICE PROVIDERS (“ISPs”), OUR OTHER TECHNICAL AND SERVICE PROVIDERS, OUR RESELLERS, AND ANY PERSONS WHO MAY BE OR BE DEEMED OUR PARTNERS, JOINT VENTURERS, OR PRINCIPALS, EACH AND ALL OF WHOM SHALL BE EXPRESS THIRD PARTY BENEFICIARIES OF THESE DISCLAIMERS OF WARRANTY.
Some states do not allow the disclaimer of implied warranties in some circumstances, so if the laws of such a state apply to your dealings with us and if the requisite circumstances exist in your case, then some portion or all of the foregoing disclaimer may not apply to you. The law of warranty varies from state to state and the law applicable in your particular case may give you specific legal rights.
LIMITATIONS AND EXCLUSIONS OF DAMAGES
IN NO EVENT SHALL GREENJOBINTERVIEW, ITS MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND ATTORNEYS, AND ITS AND THEIR AFFILIATES, SUPPLIERS AND CONTRACTORS BE LIABLE FOR ANY OF THE FOLLOWING KINDS OF DAMAGES: LOST PROFITS, LOST GOODWILL, BUSINESS INTERRUPTION; OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING, OR ALLEGED TO ARISE, OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, OR THIS AGREEMENT.
WITHOUT LIMITING THE BREADTH OF THE KINDS OF DAMAGES EXCLUDED BY THE PRECEDING SENTENCE, GREENJOBINTERVIEW, ITS MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND ATTORNEYS, AND ITS AND THEIR AFFILIATES, SUPPLIERS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY OF THE FOREGOING KINDS OF DAMAGES ARISING OR RESULTING FROM: (a) ANY USE OR INABILITY TO USE GREENJOBINTERVIEW OR THE SERVICES; (b) ANY COST OF ACQUIRING SUBSTITUTE GOODS AND SERVICES; (c) ANY UNAUTHORIZED ACCESS TO, DEGRADATION OF, OR ALTERATION OF THE CONTENTS OF TRANSMISSIONS OF YOU OR ANY THIRD PARTY; (d) ANY CONDUCT OR COMMUNICATIONS OF ANY THIRD PARTY BY USE OF GREENJOBINTERVIEW OR THE SERVICES; OR (e) ANY OTHER MATTER OR CIRCUMSTANCE RELATED TO GREENJOBINTERVIEW OR THE SERVICES.
IN ANY CIRCUMSTANCE WHERE GREENJOBINTERVIEW, ITS MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND ATTORNEYS, AND ITS AND THEIR AFFILIATES, SUPPLIERS AND CONTRACTORS MAY HAVE LIABILITY TO YOU THAT IS NOT EXCLUDED BY THE FOREGOING, THEN ANY SUCH LIABILITY TO YOU AND TO ANY THIRD PARTY IS LIMITED IN AMOUNT TO THE GREATER OF (A) ONE HUNDRED DOLLARS ($100), AND (B) THE AMOUNT OF FEES (IF ANY) YOU HAVE PAID TO US IN THE NINETY (90) DAYS IMMEDIATELY PRIOR TO THE EVENTS ALLEGEDLY GIVING RISE TO THE CLAIMED LIABILITY.
FOR THE PURPOSES OF THIS SECTION ” GREENJOBINTERVIEW, ITS MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND ATTORNEYS, AND ITS AND THEIR AFFILIATES, SUPPLIERS AND CONTRACTORS ” IS INTENDED TO INCLUDE, WITHOUT LIMITATION, GREENJOBINTERVIEW, GREENJOBMEETING.COM, OUR LIMITED LIABILITY COMPANY MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND ATTORNEYS THE SUPPLIERS OF OUR WEB SITES, OUR INTERNET SERVICE PROVIDERS (“ISPs”), OUR OTHER TECHNICAL AND SERVICE PROVIDERS, OUR RESELLERS, AND ANY PERSONS WHO MAY BE OR BE DEEMED OUR PARTNERS, JOINT VENTURERS, OR PRINCIPALS, EACH AND ALL OF WHOM SHALL BE EXPRESS THIRD PARTY BENEFICIARIES OF THESE DAMAGE EXCLUSIONS AND LIMITATIONS.
Some states do not allow exclusion or limitation of incidental or consequential damages in some circumstances, so if the laws of such a state apply to your dealings with us and if the requisite circumstances exist in your case, then some portion or all of the foregoing exclusion and limitation may not apply to you. The law varies from state to state and the law applicable in your particular case may give you specific legal rights.
You agree to indemnify us (“GreenJobInterview, its managers, officers, employees, agents, and attorneys, and its and their affiliates, suppliers and contractors” as defined in the sections which disclaim warranties and limit and exclude damages), and to hold us harmless, from any claim, cost, liability or demand or any third party, including reasonable attorneys fees, which arises or is alleged to arise from: (a) breach by you or by anyone for whom you bear responsibility of this Agreement or of any of the agreements which this Agreement incorporates by reference; or (b) violation by you or by anyone for whom you bear responsibility of any law or of the rights of any third party.
PROVISIONS OF GENERAL APPLICATION
(1) Entire Agreement.
This written Agreement, including any matter that is expressly incorporated in this Agreement by reference, constitutes the entire Agreement between you and GreenJobInterview and it governs your use of GreenJobInterview and the Services. This Agreement supersedes any prior negotiations and agreements between you and GreenJobInterview. There are no oral terms to this Agreement. This Agreement can only be amended or altered in writing. Please note the separate section of this agreement concerning amendment of it. Your purchase or use of Services and products of GreenJobInterview, or of third-party content or third-party software, may be governed by additional written terms and conditions specified when you purchase or access such particular services and products.
(2) Choice of Law and Choice of Forum.
This Agreement, and the relationship between you and GreenJobInterview, shall be governed by the laws of the State of California, U.S.A., without regard to its conflict of laws provisions. You and GreenJobInterview agree to submit to the exclusive personal jurisdiction of the courts located within Orange County, California.
(3) Arbitration Clause.
Any dispute, claim, or controversy relating to or arising out of this User Agreement, the GreenJobInterview web site or Services will be settled by arbitration in Orange County, California. Such arbitration shall be conducted in accordance with the rules of the American Arbitration Association or then-existing equivalent. The party requesting arbitration shall serve upon the other party a notice demanding arbitration and a description of the issue or issues to be arbitrated. The arbitration will be conducted before a single Arbitrator. Any award issued as a result of the arbitration may be entered as a final judgment or order in any Court of competent jurisdiction and enforced accordingly. All costs and expenses of the arbitration, including reasonable legal fees (including, but not limited to, attorney’s fees, and cost of arbitration), shall be allocated among the parties as determined by the Arbitrator.
(4) Class Actions Waived.
You expressly waive any right to participate in any class action against GreenJobInterview for any claims related to the GreenJobInterview web site or Services. In fact, by using the GreenJobInterview web site and/or Services and agreeing to this User Agreement, you expressly agree that you shall not be permitted to resolve any claims whatsoever through class actions against GreenJobInterview.
(5) Independent Parties.
You and GreenJobInterview are independent parties and nothing contained in this User Agreement shall be construed or implied to create any agency or partnership between you and GreenJobInterview. At no time shall you or GreenJobInterview act as an agent for or make commitments for or in the name of the other party.
(6) Jury Trial Waived.
As provided in the Arbitration Clause above, you acknowledge that all disputes with GreenJobInterview shall be resolved through arbitration. Should any arbitration or Court find such restriction unenforceable and/or should any dispute ultimately be resolved in Court, you expressly waive any right to a jury trial in any action against GreenJobInterview for any and all claims arising out of or related to the GreenJobInterview web site or Services. In fact, by using the GreenJobInterview web site or Services and agreeing to this User Agreement, you expressly agree that you shall not be permitted to obtain a jury trial in any action against GreenJobInterview.
(7) Savings Clause.
In the event that any provision of this User Agreement is held to be void or unenforceable by a Court of competent jurisdiction or an Arbitrator, the remaining provisions of this User Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable part had been deleted. Further, any provision held to be void or unenforceable shall be construed, if possible, to give effect to the parties’ intent. The parties agree that any such provision, in its form as modified by the Court or Arbitrator, shall then be enforceable and shall be enforced.
(8) Statute of Limitations.
You and GreenJobInterview agree that any claim or cause of action arising or alleged to arise out of, or related to, this Agreement, the use of GreenJobInterview, or the Services, must be filed within one (1) year after such cause of action arose, or else such claim or cause of action shall be permanently barred. You and GreenJobInterview agree that this limitation applies regardless of any statute or law to the contrary which might otherwise apply.
(9) Export Controls.
The Services, or some uses of them, may be subject to the export control laws of the United States. You agree that you shall not export, re-export, disclose, or transfer any of the Services, or any technical matter related to the Services, nor shall you use the Services, in violation of applicable export control laws and regulations.
(10) Restriction of Rights Concerning Government Usage.
GreenJobInterview and the Services comprise Restricted Rights in accord with DFARS Section 227.7202 et seq. If you are using GreenJobInterview or the Services as a representative of the United States Department of Defense, or as a representative of any other governmental agency of any nation, state or locality, then you acknowledge that the Services, and any portion of them, are “Commercial Computer Software” (cf. DFARS Section 252.227-7014) and any documentation is “Commercial Computer Software Documentation,” all of which were developed exclusively at private expense by GreenJobInterview and its predecessors, 3050 Pullman Street, Suite D, Costa Mesa, CA 92626. You do not receive any rights to reproduce or modify the Services or any associated software.
(11) Non-Transferability; No Sublicensing; No Right of Survivorship.
Your identity is an essential element of your registration and Membership, the accuracy of which you are required to represent and warrant as a necessary condition of your use of GreenJobInterview and the Services. Among other reasons, the accuracy of your identity disclosures is material to our ability to protect ourselves and other users from fraud and other abuses of our system and services. You cannot transfer or sub-license your registration, your Membership, or your rights under this Agreement. Upon your death any rights to your account terminate. Upon our receipt of a copy of a death certificate, or of other proof of death which is satisfactory to us in our sole discretion, your account can be terminated and your registration deleted by us.
(12) No Resale, Re-Transmission or Commercial Use.
Except for communications in which you are an active participant using GreenJobInterview and the Services, in accord with the terms and conditions of this Agreement, and except as may otherwise be expressly agreed in a separate writing signed by two officers of GreenJobInterview, you agree that:
(i) you have no right to resell or re-transmit GreenJobInterview or the Services;
(ii) you shall not distribute or re-distribute any of the Services, use the Services on timeshare or service bureau basis, for operation of a web site, or for any commercial or income-generating purpose. Any Reseller Agreement must be by separate writing, signed by two officers of GreenJobInterview.
(13) No Third Party Beneficiaries. Except as is otherwise expressly stated in this Agreement, there shall be no third party beneficiary of this Agreement.
(14) Waiver and Severability.
A failure of GreenJobInterview to exercise a right or provision of this Agreement shall not operate as a waiver of such right or provision. If a Court of competent jurisdiction shall determine that any provision of this Agreement, or of any expressly incorporated document, is invalid, then it is agreed that the Court shall endeavor to revise such provision to give it such effect as is legally valid; and to the extent that a provision is invalid that provision shall be severed and the remainder of this Agreement enforced.
(15) Rights and Remedies Cumulative.
All rights and remedies of GreenJobInterview under this Agreement or provided by law and equity shall be deemed cumulative and not exclusive of each other, and the exercise of one remedy shall not preclude the exercise of any other.
(16) Captions, Headings and Links.
Captions, headings and links in this Agreement are for reference only and shall not be considered when construing this Agreement.
(1) Your Notices to Us.
Any notice which you are permitted or required to give to GreenJobInterview under this Agreement shall be in writing and shall be delivered by U.S. mail, certified, first class or express mail, and prepaid ; or shall be delivered by a nationally recognized commercial delivery service which provides delivery tracking (such as Federal Express or UPS) addressed to:
Attn: Greg Rokos
3050 Pullman Street, Suite D
Costa Mesa, CA 92626
(2) Our Notices to You; Your Email Address for Notices.
You agree that any use of GreenJobInterview or the Services contrary to the terms of this Agreement, as amended from time to time, or any sublicensing, transfer, copying or disclosure of technical matter related to GreenJobInterview or the Services is likely to cause irreparable harm to GreenJobInterview, its Members, affiliates, providers, and suppliers, as well as to authorized sublicensees and Resellers of GreenJobInterview and the Services, for which pecuniary compensation alone would be insufficient. You agree that under such circumstances GreenJobInterview, its Members, affiliates suppliers, authorized sublicensees and Resellers shall be entitled to temporary, preliminary and permanent injunctive and other equitable relief, without posting bond or security.
GREENJOBINTERVIEW’S AGENT FOR NOTIFICATION OF CLAIMED INFRINGEMENT IS:
3050 Pullman Street, Suite D
Costa Mesa, CA 92626
Toll Free: 888-838-8331