Digital Career Services / Wintheview Interview Presentation: Terms of Use

(Last Updated: March 30, 2007)

Welcome to Digital Career Services. Digital Career Services provides services (the "Services") available at our Web site ("Site") http://www.wintheview.com to you ("you" or the "User") subject to the following Terms of Use. This is a contract formed between you and Digital Career Services for the use of the Wintheview Interview Presentation. Unless expressly stated otherwise, these Terms of Use shall apply to any use of the Digital Career Services Site, the Services, and any application, plug-in, component, functionality or program created or made available by Digital Career Services.

By visiting the Digital Career Services Site (WinTheView.com) and/or by completing the registration process for the Wintheview Interview Presentation, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Terms of Use.

A. MODIFICATIONS TO THIS AGREEMENT.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. You can find the most recent version of these Terms of Use at http://www.wintheview.com/tou, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our Terms of Use whenever you visit the WinTheView site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised Terms of Use, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised Terms of Use. Should you have any questions regarding the use of our Site, please contact us at: privacy@wintheview.com.

B. DESCRIPTION OF DIGITAL CAREER SERVICES' SERVICES.

Digital Career Services is a Philadelphia, Pennsylvania startup focusing on providing “best fit” hiring tools, interview information and career management services.

C. YOUR REGISTRATION OBLIGATIONS.

We provide the Services for your personal use. You may not use the Services to conduct business without a separate written contract with Digital Career Services.

To obtain and use the Services, you will be required to register with Digital Career Services by completing a registration form and designating a user name (a.k.a. a "username"), a user ID, and a password. When registering with Digital Career Services you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify Digital Career Services of any unauthorized use of your user ID or password or any other breach of security. Digital Career Services cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

D. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.

By registering with Digital Career Services, you understand that we may send you communications or data from Digital Career Services regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding Digital Career Services' products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.

E. USER CONDUCT/ACCEPTABLE USE POLICY.

You may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. You may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of Digital Career Services or others.

To the extent that the Services provide Users an opportunity to post, store and exchange information, materials, data, files, programs, ideas and opinions ("User Content"), you hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information contained therein. Digital Career Services has the right in its sole discretion to edit, refuse to post or remove any User Content or other material sent via, submitted to, uploaded to, or posted on or through the Services. Without limiting the foregoing, Digital Career Services has the right, but not the obligation, to edit or remove any content or other material that it, in its sole discretion, finds to be in violation of the provisions of these Terms of Use, or for any other reason You acknowledge and agree that Digital Career Services shall not assume or have any liability for any action or inaction by Digital Career Services with respect to any User Content. Users shall remain solely responsible for User Content.

Without limitation, Digital Career Services reserves the right to meter bandwidth or disk usage if your use is in the top 5 percentile of average usage patterns for both storage and bandwidth. Digital Career Services further reserves the right to terminate your account if you have not logged in to your account for a period of 60 days or more. Additionally, Digital Career Services reserves the right to terminate your access to and use of the Services, if, in our view, your conduct fails to meet any of the following guidelines for User conduct:
  1. You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes or degrades, the Digital Career Services computer systems and network, the Site, or the Services.
  2. You may not attempt to interfere with any other person's use of the Services.
  3. You may not misrepresent your identity or impersonate any person.
  4. You may not attempt to gain access to any account, computers or networks related to the Services without authorization.
  5. You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.
  6. You may not attempt to charge others to use the Services either directly or indirectly.
  7. You may not use the Services to participate in pyramid schemes or chain letters.
  8. You may not use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
  9. You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others.
  10. You may not use the Services to store, send, link to, or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
  11. You may not use the Services to store, send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another's computer or property.
  12. You may not use the Services to store, send or otherwise making available any material that contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, or content that is obscene, lewd, prejudicial, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
  13. You may not use the Services to download any material sent by another User of the Services that you know, or reasonably should know, cannot be legally distributed in such manner.
  14. You may not use the Services to violate any code of conduct or other guidelines which may be applicable to the Services or the Site.
  15. You may not use the Services to harvest or otherwise collecting information about others, including e-mail addresses.
  16. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Digital Career Services in connection with the Site or Services.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Digital Career Services. Should your access to and use of the Services be terminated, you have the right to appeal such termination by writing to privacy@wintheview.com.

F. INTELLECTUAL PROPERTY RIGHTS AND NOTICES.

All contents of the Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content") are: Copyright © 2007 Digital Career Services, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web sites or other networked computer environment) without the express prior written consent of Digital Career Services and/or it suppliers, affiliates, or licensors. All rights reserved.

Digital Career Services, WinTheView.com, the WinTheViewsm logo are including without limitation, either trademarks, service marks or registered trademarks of Digital Career Services, and may not be copied, imitated, or used, in whole or in part, without Digital Career Services' prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

Digital Career Services may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Services. Unless we have granted you licenses to our intellectual property in these Terms of Use, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

G. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Digital Career Services respects copyright law and expects Users to do the same.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Digital Career Services' Agent for Notice of claims of copyright or other intellectual property infringement ("Agent") the written information specified below:
  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Digital Career Services' Agent can be reached at: privacy@wintheview.com or 8 East Germantown Avenue, Plymouth Meeting, PA 19462.

H. THIRD PARTY CONTENT, SITES AND SERVICES.

The Services contain features and functionalities that may link you or provide you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Services. We are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services.

I. PRIVACY.

You acknowledge and agree that Digital Career Services may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these Terms of Use, or, in its sole discretion, to protect the rights, property, or personal safety of Digital Career Services, its employees, users and third parties, and the public.

J. DIGITAL CAREER SERVICES MAKES NO WARRANTIES.

Digital Career Services intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, Digital Career Services may make changes and improvements to the information provided herein at any time.

DIGITAL CAREER SERVICES PROVIDES ITS SITE AND SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL CAREER SERVICES, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A "DIGITAL CAREER SERVICES PARTY," AND COLLECTIVELY, THE "DIGITAL CAREER SERVICES PARTIES") MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE DIGITAL CAREER SERVICES PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.

K. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY.

IN NO EVENT WILL ANY DIGITAL CAREER SERVICES PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE OR SERVICE, EVEN IF SUCH DIGITAL CAREER SERVICES PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION K IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY DIGITAL CAREER SERVICES PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

L. CHANGES TO THE SERVICES; ADDITIONAL LIABILITY LIMITATION.

WE MAY CHANGE THE SOFTWARE AND SERVICES OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS J AND K, THE DIGITAL CAREER SERVICES PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS J AND K, DIGITAL CAREER SERVICES IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

M. INDEMNIFICATION.

You agree to indemnify, defend and hold harmless, Digital Career Services, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. Digital Career Services reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Digital Career Services in asserting any available defenses.

N. TERMINATION OF SERVICE.

We may terminate or suspend your access to the Services at any time, in our sole discretion, without cause and/or without notice. Upon termination, your right to use the Services stops immediately. ONCE THE SERVICES ARE CANCELLED OR SUSPENDED, ANY DATA YOU HAVE STORED ON DIGITAL CAREER SERVICES'S SYSTEMS MAY NOT BE RETRIEVED LATER.

O. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Pennsylvania, excluding its conflicts-of-law principles. Please note that your use of the Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Digital Career Services or relating in any way to your use of the Services resides in the courts of Pennsylvania and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Pennsylvania in connection with any such dispute including any claim involving Digital Career Services or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

P. EUROPEAN USERS.

By using the Digital Career Services Services, Users in the European Union understand and consent to the processing of personal information in the United States.

Q. NOTICES TO DIGITAL CAREER SERVICES.

You may notify us by e-mail at privacy@wintheview.com or by postal mail at 8 East Germantown Pike, Plymouth Meeting, PA 19462.

R. OTHER TERMS.

If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

S. MISCELLANEOUS.

Digital Career Services may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE SOFTWARE AND SERVICES MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The failure of Digital Career Services to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.