Terms and Conditions
ProInterview.net Services Agreement
These terms (“Terms”) cover the use of those ProInterview’s consumer products, websites, and services (the “Services”). You accept these Terms by creating a ProInterview account or ProInterview account, through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms.
Your Privacy
1. Your Privacy. Your privacy is important to us. Please read the ProInterview Privacy Statement, (collectively “Privacy Statement”) as they describe the types of data we collect from you and your devices (“Data”) and how we use your Data. The Privacy Statements also describe how ProInterview uses your content, which is your communications with others; postings or feedback submitted by you to ProInterview via the Services; and the files, photos, documents, audio, digital works, and videos that you upload, store or share through the Services (“Your Content”). By using the Services or agreeing to these Terms, you consent to ProInterview’s collection, use and disclosure of Your Content and Data as described in the Privacy Statements.
Your Content
2. Your Content. Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.
• a. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, transmit, display. Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. ProInterview cannot be held responsible for Your Content or the material others upload, store or share using the Services.
• b. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve ProInterview products and services, you grant to ProInterview a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Controls for how ProInterview personalizes advertising are available on the Security & privacy page of the ProInterview account management website. We do not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files to target advertising to you. Our advertising policies are covered in detail in the Privacy Statements.
Code of Conduct
3. Code of Conduct.
• a. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
o i. Don’t do anything illegal.
o ii. Don’t engage in any activity that exploits, harms, or threatens to harm children.
o iii. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
o iv. Don’t publicly display or use the Services to share inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity).
o v. Don’t engage in activity that is false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
o vi. Don’t circumvent any restrictions on access to or availability of the Services.
o vii. Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, communicating hate speech, or advocating violence against others).
o viii. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs).
o ix. Don’t engage in activity that violates the privacy of others.
o x. Don’t help others break these rules.
• b. Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your ProInterview account. We may also block delivery of a communication (like email or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, ProInterview reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.
Using the Services & Support
4. Using the Services & Support.
• a. ProInterview account ProInterview. You’ll need a ProInterview account to access many of the Services. Your ProInterview account lets you sign in to products, websites and services provided by ProInterview and some ProInterview partners. To access ProInterview on certain platforms, you have the option of using a ProInterview account or a ProInterview account.
o i. Creating an Account. You can create a ProInterview account or a ProInterview account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your ProInterview account ProInterview. In some cases, a third party, like your Internet service provider, may have assigned a ProInterview account to you. If you received your ProInterview account from a third party, the third party may have additional rights over your account, like the ability to access or delete your ProInterview account. Please review any additional terms the third party provided you, as ProInterview has no responsibility regarding these additional terms. If you create a ProInterview account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your ProInterview account ProInterview to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your ProInterview account ProInterview.
o ii. Account Use. You must use your ProInterview account to keep it active. This means you must sign in at least once in a five-year period to keep your ProInterview account, and associated Services, active, unless provided otherwise in an offer for a paid portion of the Services. If you don’t sign in during this time, we will assume your ProInterview account is inactive and will close it for you. Please see section 4(a)(iv)(2) for the consequences of a closed ProInterview account. You must sign into your Outlook.com inbox and your OneDrive (separately) at least once in a one-year period, otherwise we will close your Outlook.com inbox and your OneDrive for you. If we reasonably suspect that your ProInterview account ProInterview is being used by a third party fraudulently (for example, as a result of an account compromise), ProInterview may suspend your account until you can reclaim ownership. To manage your ProInterview account, you must “Sign In” at www.ProInterview.com.
o iii. Kids and Accounts. By using the Services, you represent that you have either reached the age of “majority” where you live or have valid parent or legal guardian consent to be bound by these Terms. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help before you create a ProInterview account ProInterview. If you are the parent or legal guardian of a minor that creates a ProInterview account ProInterview, you accept these Terms on the minor’s behalf and are responsible for all use of the ProInterview account, ProInterview account, or Services, including purchases, whether the minor’s account is now open or created later.
o iv. Closing Your Account.
1. You can cancel specific Services or close your ProInterview account ProInterview at any time and for any reason. When you ask us to close your ProInterview account, we will put it in a suspended state for 60 days just in case you change your mind. After that 60 day period, your ProInterview account will be closed. See section 4(a)(iv)(2) below for a detailed explanation as to what happens when your ProInterview account is closed. Logging back in during that 60 day period will reactivate your ProInterview account. To cancel your ProInterview account please submit a support request to pro@prointerview.net.
2. If your Services are canceled or your ProInterview account ProInterview is closed (whether by you or us), a few things happen. First, your right to use the Services stops immediately and your license to use the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your ProInterview account ProInterview or will otherwise disassociate it from you and your ProInterview account ProInterview (unless we are required by law to keep it). You should have a regular backup plan as ProInterview won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to material or products you’ve acquired.
• b. Additional Equipment/Data Plans. To use many of the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans, and/or equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.
• c. Service Notifications. When there’s something important to tell you about a Service you use, we’ll send you Service notifications to the email associated with your ProInterview account or, for ProInterview notifications, your ProInterview account. If you authorized use of your phone number for your ProInterview account ProInterview, then we may send Service notifications to you via SMS (text message). Data or messaging rates may apply when receiving notifications via SMS.
• d. Support. Customer support for the Services is available at pro@prointerview.net
Using Third-Party Apps and Services
5. Using Third-Party Apps and Services. Our Services may allow you to access or acquire products, services, websites, links, content, material, games or applications from third parties (companies or people who aren’t ProInterview) (“Third-Party Apps and Services”). Many of our Services also help you find Third-Party Apps and Services, and you understand that you are directing our Services to provide Third-Party Apps and Services to you. The Third-Party Apps and Services may also allow you to store Your Content or Data with the publisher, provider, or operator of the Third-Party Apps and Services. The Third-Party Apps and Services may present you with a privacy policy or require you to accept additional terms of use before you can install or use the Third-Party App or Service. See section 14(b) for additional terms for applications acquired through the Office Store, the Xbox Store or the Windows Store. You should review any additional terms and privacy policies before acquiring or using any Third-Party Apps and Services. Any additional terms do not modify any of these Terms. You are responsible for your dealings with third parties. ProInterview does not license any intellectual property to you as part of any Third-Party Apps and Services and is not responsible for information provided by third parties.
Service Availability
6. Service Availability.
• a. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your ProInterview account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.
• b. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and ProInterview is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content that you store on the Services or store using Third-Party Apps and Services.
Updates to the Services or Software, and Changes to These Terms
7. Updates to the Services or Software, and Changes to These Terms.
• a. We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close your ProInterview account and/ProInterview and, if you are a parent or guardian, help your minor child close his or her ProInterview account ProInterview.
• b. Sometimes you’ll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes, including those that prevent you from accessing the Services, playing counterfeit games, or using unauthorized hardware peripheral devices. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. ProInterview isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system for which you licensed the software.
• c. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods (defined in section 14(b)(v)), or applications previously purchased. We may release the Services or their features in a beta version, which may not work correctly or in the same way the final version may work.
• d. So that you can use material protected with digital rights management (DRM), like some music, games, movies and more, DRM software may automatically contact an online rights server and download and install DRM updates.
Payment Terms
9. Payment Terms. If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
• a. Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. The price for ProInterview paid products includes a charge for the product and a charge for taxes. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your ProInterview ProInterview was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network which masks your location may cause charges to be different from those displayed for your actual location.
• b. Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the ProInterview account management website and for your ProInterview billing account by signing into your account at www.ProInterview.com. Additionally, you agree to permit ProInterview to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to keep your billing account and contact information current at all times. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
• c. Billing. By providing ProInterview with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize ProInterview to charge you for the Services or available content using your payment method; and (iii) authorize ProInterview to charge you for any paid feature of the Services that you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
• d. Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to ProInterview by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Service is terminated by you or by ProInterview. By authorizing recurring payments, you are authorizing ProInterview to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, ProInterview or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment.
• e. Automatic Renewal. Provided that automatic renewals are allowed in your state, we will inform you by email before automatically renewing your Services, unless purchased on a subscription basis. Once we have informed you that the Services will be automatically renewed, we may automatically renew your Services and charge you the then current price for the renewal term. We will also remind you that we will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.
• f. Online Statement and Errors. ProInterview will provide you with an online billing statement on the ProInterview account management website, where you can view and print your statement. FProInterviews you can access your online statement by signing into your account at www.ProInterview.com. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won’t be required to correct the error or provide a refund. If ProInterview has identified a billing error, we will correct that error within 90 days.
• g. Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that ProInterview has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
• h. Canceling the Services. You may cancel a Service at any time, with or without cause. To cancel a Service and request a refund, if you are entitled to one, visit the ProInterview account management website. You can request a refund from ProInterview sendin an email to pro@prointerview.net. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; or (iv) you may lose access to and use of your account when you cancel the Services. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
• i. Trial-Period Offers. If you are taking part in any trial-period offer, you must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial Service(s) by the end of the trial period, we may charge you for the Service(s).
• j. Promotional Offers. From time to time, ProInterview may offer Services for a trial period during which ProInterview will not charge you for the Services. ProInterview reserves the right to charge you for such Services (at the normal rate) in the event that ProInterview determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.
• k. Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
• l. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
• m. Gift Cards. Redemption and use of gift cards (other than ProInterview gift cards) are governed by the ProInterview Gift Card Terms and Conditions.
Contracting entity, choice of law, jurisdiction
10. Contracting Entity. For use of free, consumer ProInterview-branded Services, you’re contracting with, and all references to “ProInterview” in these Terms shall mean, ProInterviewand for paid, consumer ProInterview-branded Services, you’re contracting with, and all references to “ProInterview” in these Terms shall mean, ProInterview. For all other Services, you’re contracting with ProInterview Corporation.
11. Choice of Law and Place to Resolve Disputes. If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live govern all claims, regardless of conflict of law principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to these Terms or the Services that are heard in court (excluding arbitration and small claims court).
Warranties
12. Warranties. PROINTERVIEW, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. PROINTERVIEW DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
Limitation of Liability
13. Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from ProInterview or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the breach occurred (or up to $10.00 if the Services are free). You can’t recover any other damages or losses, including, without limitation, direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.
Service-Specific Terms
14. Service-Specific Terms. The terms before and after section 14 apply generally to all Services. This section contains service-specific terms that are in addition to the general terms.