TERMS AND CONDITIONS
Please carefully read these terms and conditions (these "Terms and Conditions") before using the “STRATINTERVIEWS Site” (websites, including, without limitation, www.stratinterviews.com and all sub-domains).
Access to and use of STRATINTERVIEWS’s existing Site and Services, as well as any future Sites provided by STRATINTERVIEWS are governed by this Terms and Conditions Agreement (this “Agreement”).
This is a legally binding agreement. By accessing, using or downloading materials from the STRATINTERVIEWS Site, you agree to be bound by these Terms and Conditions and the Privacy Policy referenced herein. If you do not agree to these Terms and Conditions and Privacy Policy, please do not use the STRATINTERVIEWS Site.
STRATINTERVIEWS ("we", "us" or “our”) is the owner of the STRATINTERVIEWS Site. The STRATINTERVIEWS Site contains information, including, without limitation, all text, graphics, photographs, graphs, sounds, data, images, audio, video, page headers, software (including HTML and other scripts), buttons, and other icons, and the arrangement and compilation of this information (collectively, the "Information") that is either owned or licensed by STRATINTERVIEWS.
If you are an individual subscriber, or are accessing the STRATINTERVIEWS Site to use a Trial (as defined below), or are otherwise browsing the STRATINTERVIEWS Site, this Agreement is between you, individually, and STRATINTERVIEWS.
If you are an employee, faculty member or student of a university, school or other entity or organization that has subscribed to STRATINTERVIEWS Site (an “Organization Subscriber”), you are an “Authorized User” of your Organization Subscriber and (i) you represent that you have your Organization Subscriber’s permission and authority to use the STRATINTERVIEWS Site, and your Organization Subscriber’s “User Content” subject to this Agreement, (ii) this Agreement is an agreement between you, individually, and STRATINTERVIEWS and (iii) your Organization Subscriber is jointly responsible for your use of the STRATINTERVIEWS Site.
If you are entering into this Agreement on behalf of an Organization Subscriber, you represent that you have the authority to bind the Organization Subscriber to this Agreement, in which case references to “you” in this Agreement shall mean the Organization Subscriber. If you do not have such authority, you must not accept this Agreement and may not use the STRATINTERVIEWS Site.
Portions of the STRATINTERVIEWS Site may be made available only to persons who have registered and who have been issued a username and/or password or other positive identifiers by STRATINTERVIEWS (“Registered Users”). Only Registered Users are authorized to access the restricted portions of the STRATINTERVIEWS Site. Your use of the STRATINTERVIEWS Site and access to the Information contained therein is expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in these Terms and Conditions.
In addition, access to certain areas of the STRATINTERVIEWS Site may also be governed by other terms and conditions. In the event of a conflict between these Terms and Conditions and those necessary to access restricted portions of the STRATINTERVIEWS Site, the terms and conditions governing the restricted portions of the STRATINTERVIEWS Site will govern your access to such areas and any transactions conducted while in such restricted areas, and these Terms and Conditions will apply where there is not a conflicting provision. In addition, you hereby acknowledge and agree as follows:
1. License Grant
If you are an individual subscriber: In consideration for your acceptance of this Agreement and your payment of all applicable Fees (as defined below), STRATINTERVIEWS grants you a personal, limited, worldwide, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the STRATINTERVIEWS Site solely for your own personal purpose. You may download, view, copy, and print the Information incorporated into the STRATINTERVIEWS Site solely for your personal, non-commercial use. The Information may not be transferred to, shared with or disseminated with anyone for any purpose that is inconsistent with the purpose of the STRATINTERVIEWS Site, to facilitate unfair competition with the STRATINTERVIEWS Site, or for any purpose that is inappropriate or unlawful under applicable Australian or international law or otherwise in violation of these Terms and Conditions. STRATINTERVIEWS reserves all rights, including but not limited to, intellectual property rights not expressly granted to you.
If you are an Organization Subscriber: In consideration for your agreement to this Agreement and your payment of all applicable Fees (as defined below), STRATINTERVIEWS grants you a personal, limited, worldwide, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the STRATINTERVIEWS Site solely for your internal business purposes. You may download, view, copy, and print the Information incorporated into the STRATINTERVIEWS Site solely for your personal, non-commercial use. The Information may not be transferred to, shared with or disseminated with anyone for any purpose that is inconsistent with the purpose of the STRATINTERVIEWS Site, to facilitate unfair competition with the STRATINTERVIEWS Site, or for any purpose that is inappropriate or unlawful under applicable Australian or international law or otherwise in violation of these Terms and Conditions. STRATINTERVIEWS reserves all rights, including but not limited to, intellectual property rights not expressly granted to you.
If you are an Authorized User: In consideration for your agreement to this Agreement and your Organization Subscriber’s payment of all applicable Fees (as defined below) STRATINTERVIEWS grants you a personal, limited, worldwide, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the STRATINTERVIEWS Site solely for the internal business purposes of your Organization Subscriber. You may download, view, copy, and print the Information incorporated into the STRATINTERVIEWS Site solely for your personal, non-commercial use. The Information may not be transferred to, shared with or disseminated with anyone for any purpose that is inconsistent with the purpose of the STRATINTERVIEWS Site, to facilitate unfair competition with the STRATINTERVIEWS Site, or for any purpose that is inappropriate or unlawful under applicable Australian or international law or otherwise in violation of these Terms and Conditions. STRATINTERVIEWS reserves all rights, including but not limited to, intellectual property rights not expressly granted to you.
2. Restrictions
Access to the restricted portions of the STRATINTERVIEWS Site without the authorization of STRATINTERVIEWS is strictly prohibited.
In addition, unless separately and specifically authorized in writing by STRATINTERVIEWS, you may not:
- copy, adapt, modify, or create derivative works based on the STRATINTERVIEWS Site, or any portion(s) of any of the foregoing (individually and collectively, “STRATINTERVIEWS IP”);
- use any STRATINTERVIEWS IP in a searchable, machine-readable database or file;
- distribute, reproduce, transfer, transmit, broadcast, publicly display, publish or otherwise disseminate any STRATINTERVIEWS IP;
- download or store any STRATINTERVIEWS IP except to the extent explicitly permitted on the STRATINTERVIEWS Site;
- rent, lease, time-share, sublicense, resell, redistribute, or transfer to any third party any of your rights under this Agreement (except to the extent that an Organization Subscriber may permit such number of Authorized Users as has been agreed between the Organization Subscriber and STRATINTERVIEWS to access and make use of the STRATINTERVIEWS Site);
- access or use the STRATINTERVIEWS Site or STRATINTERVIEWS IP for the benefit of any third party (except to the extent that Authorized Users may access and make use of the STRATINTERVIEWS Site solely for the internal business purposes of their Organization Subscriber);
- access content or data not intended for you, log onto a server or account that you are not authorized to access, or otherwise violate or attempt to violate any security or authentication feature or measures of the STRATINTERVIEWS Site;
- attempt to access or derive the source code or architecture the STRATINTERVIEWS Site;
- attempt to probe, scan or test the vulnerability of the STRATINTERVIEWS Site, or any associated system or network, or to breach any security or authentication feature or measures of the STRATINTERVIEWS Site (except with STRATINTERVIEWS’s express permission in connection with your participation in one of STRATINTERVIEWS’s security testing programs), and if you are blocked by STRATINTERVIEWS from accessing the STRATINTERVIEWS Site (including by blocking your IP address), you will not implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address);
- interfere or attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting malicious software or computer code (“Malicious Code”) to the STRATINTERVIEWS Site, load testing, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,”;
- email or otherwise transmit any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains any Malicious Code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person or entity; (v) constitutes unsolicited or unauthorized materials; or (vi) is otherwise objectionable;
- automate access to the STRATINTERVIEWS Site, including, without limitation, through the use of APIs, bots, scrapers or other similar devices;
- export or re-export any STRATINTERVIEWS IP;
- use or access the STRATINTERVIEWS Site or STRATINTERVIEWS IP in order to build a competitive product, service or solution;
- violate any applicable law or regulations in connection with your use of the STRATINTERVIEWS Site;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including, without limitation, an Organization Subscriber; or
- permit any third party to do any of the foregoing.
You shall be solely liable for any damages resulting from your infringement of any copyright, trademark or other proprietary right, or any other harm caused by your use of the STRATINTERVIEWS Site and STRATINTERVIEWS IP.
3. Cancellation & Refund Policy
The following applies only if you are an individual subscriber who registered for your paid subscription: your subscription includes a 24h money back guarantee. If you are dissatisfied with your subscription for any reason, you can receive a full refund of the applicable Fees you paid if you cancel your subscription within 24h following the activation of your licence (time of payment of the applicable Fees) and answer STRATINTERVIEWS’ cancellation questionnaire.
To request a subscription cancellation, you must be logged-in and send a message via the Support page contact form. STRATINTERVIEWS will then put your licence on hold and will send you the cancellation questionnaire within 7 calendar days. The filled-in questionnaire must be sent back to [email protected] within 14 calendar days. Upon reception, the refund will be processed within 30 calendar days.
This money back guarantee applies only to new individual subscribers who registered for a paid subscription and does not apply to any subscriber who breaches any term or condition of this Agreement.
4. Termination
Without limitation, STRATINTERVIEWS may deny you access to all or any part of the STRATINTERVIEWS Site or terminate your account with or without prior notice if you engage in any conduct or activities that STRATINTERVIEWS determines, in its sole discretion, violate this Agreement or the rights of STRATINTERVIEWS or any third party, or is otherwise inappropriate.
If you are an Authorized User of an Organization Subscriber, and this Agreement or the applicable agreement between you and STRATINTERVIEWS is terminated in relation to such Organization Subscriber, or if you otherwise lose access to STRATINTERVIEWS Site via your Organization Subscriber (e.g., if you graduate from that Organization Subscriber or if you are no longer employed by that Organization Subscriber), STRATINTERVIEWS may elect in its discretion to (a) terminate your account or (b) downgrade your account to an individual subscriber account, at which point you agree that your use of the STRATINTERVIEWS Site will be as an individual subscriber in accordance with the terms of this Agreement (which Agreement at that point will be solely between you and STRATINTERVIEWS).
If you are an Authorized User of an Organization Subscriber, your Organization Subscriber may elect in its discretion and at any time to revoke your Authorized User status and (a) terminate your account or (b) downgrade your account to an individual subscriber account, at which point you agree that your use of the STRATINTERVIEWS Site will be as an individual subscriber in accordance with the terms of this Agreement (which Agreement at that point will be solely between you and STRATINTERVIEWS)
Upon termination of your account(s) for any reason, your right to access and use the STRATINTERVIEWS Site and any of its content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability and miscellaneous provisions.
Except as may be expressly set forth herein, all Fees paid or accrued in connection with any Services are non-refundable, and STRATINTERVIEWS will not prorate any Fees paid for a subscription that is terminated before the end of its term.
5. Termination of Agreement with Organization Subscriber
This section titled “Termination of Agreement with Organization Subscriber” applies only to Organization Subscribers.
Either STRATINTERVIEWS or you may terminate this Agreement by notice if the other party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days after receipt of notice of the breach from the non-defaulting party. In addition, STRATINTERVIEWS may suspend the Services upon notice if you fail to make any payment when due and fail to cure such breach within ten (10) days after receipt of notice of the breach from STRATINTERVIEWS. Any such suspension or termination shall be without limitation of any other right or remedy available to the terminating party.
STRATINTERVIEWS may terminate this Agreement for convenience upon sixty (60) days’ prior written notice without liability to you. Following a termination pursuant to the foregoing sentence, STRATINTERVIEWS shall refund the pro rata portion of any Fees relating to the remaining term, as applicable.
Either STRATINTERVIEWS or you may terminate this Agreement immediately upon notice to the other party if the other party has a receiver or similar party appointed for all or substantially all of its property, is declared insolvent by a court of competent jurisdiction, ceases to do business in the ordinary course, files a petition in bankruptcy or has a petition filed against it in bankruptcy, becomes the subject of any court or administrative proceeding related to its liquidation or insolvency (whether voluntary or involuntary) that is not dismissed within ninety (90) days, or makes an assignment for the benefit of its creditors.
If this Agreement is terminated or otherwise expires for any reason, you shall promptly return to STRATINTERVIEWS or destroy, as directed by STRATINTERVIEWS, all Confidential Information, and other materials in your possession or under your control belonging to STRATINTERVIEWS, and all rights and licenses granted by STRATINTERVIEWS pursuant to this Agreement shall terminate. Upon the expiration or termination of this Agreement, your right to access and use the STRATINTERVIEWS Site and any of its content will immediately cease and STRATINTERVIEWS may elect in its discretion to (a) terminate your Authorized Users’ accounts or (b) downgrade your Authorized Users’ accounts to individual subscriber accounts.
All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability and miscellaneous provisions.
6.User Content
All concepts, ideas, comments, feedback, manuscripts, illustrations, and all other materials disclosed or offered to STRATINTERVIEWS on or in connection with the STRATINTERVIEWS Site are submitted without any restrictions or expectation of confidentiality. STRATINTERVIEWS shall have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. STRATINTERVIEWS shall have the unrestricted right to use, publish, reproduce, transmit, download, upload, post, display, incorporate it (in whole or in part) in other works in any form, media or technology now known or later developed, or otherwise distribute your submissions in any manner without notice or compensation to you.
STRATINTERVIEWS does not systematically screen, edit or review material submitted by users. STRATINTERVIEWS therefore accepts no responsibility or liability for any material which may reside in or is accessed by the STRATINTERVIEWS Site other than STRATINTERVIEWS Information. STRATINTERVIEWS has no responsibility with respect to other sites.
You may not link, upload, post or transmit any illegal, obscene, offensive or otherwise inappropriate material to the STRATINTERVIEWS Site. Furthermore, you may not use any of STRATINTERVIEWS's proprietary logos, marks, or other distinctive graphics, video, or audio material in your links, without the STRATINTERVIEWS's express written permission, which STRATINTERVIEWS may withhold in its sole discretion. You may not link in any manner reasonably likely to (i) imply affiliation with or endorsement or sponsorship by STRATINTERVIEWS (ii) cause confusion, mistake, or deception; (iii) dilute STRATINTERVIEWS's trademarks or service marks; or (iv) otherwise violate state or federal law.
7. Registration
By completing the registration process for any given Services, you are agreeing to subscribe to the selected Services, subject to the terms and conditions of this Agreement. You agree to provide STRATINTERVIEWS with accurate and complete registration information and to promptly notify STRATINTERVIEWS in the event of any changes to any such information.
8. Security
You shall be solely responsible for the security and proper use of all username, passwords or other security devices used in connection with the STRATINTERVIEWS Site and/or the Services, and shall take all reasonable steps to ensure that they are kept confidential and secure, are used properly and are not disclosed to or used by any other person or entity. You shall immediately inform STRATINTERVIEWS if there is any reason to believe that a username, password or any other security device issued by STRATINTERVIEWS has or is likely to become known to someone not authorized to use it, or is being or is likely to be used in an unauthorized way. STRATINTERVIEWS reserves the right (at its sole discretion) to request that you change your password(s) in connection with the STRATINTERVIEWS Site and/or Services, and you shall promptly comply with any such request.
You are solely responsible for all activity in connection with access to the Site and/or Services through your account or using your password, and for the security of your computer systems, and in no event shall STRATINTERVIEWS be liable for any loss or damages relating to such activity.
9. Organization Subscriber Responsibility for Authorized Users
Organization Subscribers shall ensure that the total number of Authorized Users does not exceed the maximum number of seats authorized by and purchased from STRATINTERVIEWS (each of which seats represents a unique (named) Authorized User). Organization Subscribers may assign different Authorized Users to the seats authorized by and purchased from STRATINTERVIEWS, so long as the total number of Authorized Users at any time does not exceed the maximum number of seats authorized by and purchased from STRATINTERVIEWS, but Authorized Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their seat, user name or right to use the STRATINTERVIEWS Site to any third party. You, the Organization Subscriber, and your Authorized Users are jointly responsible for your Authorized Users’ use of the STRATINTERVIEWS Site. You are also responsible for ensuring that all of your Authorized Users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any of your Authorized Users shall be deemed to be a violation thereof by you.
10. Fees & payment
Your access to or use of the STRATINTERVIEWS Site shall be contingent upon your payment of all applicable fees as described on the STRATINTERVIEWS Site at the time (“Fees”); unless you are an Authorized User, in which case your access to or use of the STRATINTERVIEWS Site shall be contingent upon your Organization Subscriber’s payment of the Fees.
11. Free Trial
STRATINTERVIEWS may offer a free trial membership from time to time by granting temporary access to all or part of the STRATINTERVIEWS Site (a “Trial”). By accessing or using the STRATINTERVIEWS Site, you agree to the terms of any such Trial and further agree to any changes STRATINTERVIEWS may make to such Trial as described in “Modification” below. If you cancel the Services before the end of the trial period, all your rights to any remaining free trial period will be waived and you will not be eligible to participate in any further Trials, except as allowed by STRATINTERVIEWS in its sole discretion.
12. Third Party Links
The STRATINTERVIEWS Site may contain links to other websites. These links are provided for informational purposes only, and STRATINTERVIEWS does not sponsor or affiliate with any linked entity unless expressly stated. STRATINTERVIEWS makes no representations and assumes no responsibility for your use of links provided on the STRATINTERVIEWS Site. If you choose to access third party websites or obtain products or services from third parties, you do so entirely at your own risk and such access is between you and such third party. STRATINTERVIEWS does not warrant or make any representation regarding the legality, accuracy or authenticity of content presented by such websites or any products or services offered by third parties and shall have no liability for any loss or damages arising from the access or use of such websites, products or services. You agree to indemnify and hold STRATINTERVIEWS and any of its related entities, board members, employees, agents and representatives harmless from and against, and shall reimburse STRATINTERVIEWS for any liability, damage, claim, loss, cost or expense (including, without limitation, court costs and reasonable attorneys' fees) which may be incurred by STRATINTERVIEWS as a result of the material you link, upload, post, or transmit to the STRATINTERVIEWS Site. STRATINTERVIEWS has no duty to review or edit materials submitted by users. Any such materials may be removed by STRATINTERVIEWS at any time for any reason whatsoever.
13. Modification
STRATINTERVIEWS reserves the right at any time to (i) change any information, specifications, features or functions of the Site, Services or Software, including any Trial, (ii) suspend or discontinue, temporarily or permanently, any or all of the Services or any Trial, including the availability of any feature, database or content, or (iii) impose limits on certain features and Services or restrict access to parts or all of the Services, including any Trial, in each case with or without prior notice and without any liability to you or any third party. STRATINTERVIEWS will use its commercially reasonable efforts to notify you of changes to the Services and/or Software that, in STRATINTERVIEWS’s reasonable opinion, have the effect of materially and adversely diminishing the functionality of the Services to which you have subscribed.
STRATINTERVIEWS reserves the right to update the Terms and Conditions at any time without notice to you. The most current version of the Terms and Conditions can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the STRATINTERVIEWS Site. It is your responsibility to review the STRATINTERVIEWS Terms and Conditions periodically.
14. Consent to Receive Email
We only send promotional communications to you with your prior consent, and you may withdraw your consent at any time by changing your contact preferences in your account profile on the STRATINTERVIEWS site. Please note you will continue to receive transactional messages related to our Services, even if you unsubscribe from promotional communications.
15. Data Collection and Privacy
When you access content in our website, we collect information, including, but not limited to, information about the content you read, watch, and review, your progression throughout the curriculum, your video and audio recordings in business case and fit preparation exercises, your answers to quizzes and your corresponding performance scores, and your input shared via self-assessment, feedback and contact surveys. Information concerning your usage of our site and your progress using our modules may be disclosed to third parties such as training and educational institutions, professors, head-hunters and recruiting agencies, consulting firms, product development partners and marketing third-parties for a variety of purposes, including, but not limited to, analyzing and improving successful interview rate and for the development of new products and services.
Please visit https://www.STRATINTERVIEWS.com/privacy to view our Privacy Policy (the “Privacy Policy”) or click on the “Privacy Policy” hypertext link located at the bottom of the STRATINTERVIEWS Site.
The Privacy Policy is an integral part of this Agreement and is expressly incorporated by reference, and by entering into this Agreement you agree to (i) all of the terms of the Privacy Policy, and (ii) STRATINTERVIEWS’s use of data as described in the Privacy Policy is not an actionable breach of your privacy or publicity rights.
STRATINTERVIEWS may from time to time update or revise the Privacy Policy. If STRATINTERVIEWS materially updates or revises the Privacy Policy, STRATINTERVIEWS will notify you either by email to your most recently provided email address, by posting the updated or revised Privacy Policy on the Site or by any other manner chosen by STRATINTERVIEWS in its commercially reasonable discretion. Your use of the Site, Services or Software following any such update or revision constitutes your agreement to be bound by and comply with the Privacy Policy as updated or revised.
In addition, STRATINTERVIEWS may engage third parties to conduct risk control and fraud detection/prevention activities. As part of such engagements, if you initiate a transaction on the Site or through the Services, STRATINTERVIEWS may give such third parties access to your pertinent credit card and other personal information. Such third parties may only use such personal information for purposes of performing risk control and fraud detection/prevention activities for us. However, they may also convert such personal information into hashed or encoded representations of such information to be used for statistical and/or fraud prevention purposes. By initiating any such transaction, you hereby consent to the foregoing disclosure and use of your information.
16. Technology
The STRATINTERVIEWS Site has been designed to be accessed via a modern browser (Google Chrome or Mozilla Firefox), on a desktop or laptop computer, equipped with a functioning microphone and webcam.
Practice exercises with video recording require a high-speed Internet connection. The compatible operating systems may change from time to time.
You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to or access the Site or otherwise use the Services, including, without limitation, modems, microphone, webcam, hardware, software, internet service and telecommunications capacity. You shall be solely responsible for ensuring that such equipment and ancillary services are compatible with the Services and Software.
STRATINTERVIEWS is not responsible for your failure to use the recommended or compatible software and devices.
17. Mobile Services
The Site, Software and Services may include products and services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device (collectively, “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that STRATINTERVIEWS may communicate with you regarding STRATINTERVIEWS and other entities by electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your mobile telephone number.
18. Monitoring
You acknowledge that STRATINTERVIEWS reserves the right to, and may from time to time, monitor any and all Information transmitted or received through the STRATINTERVIEWS Site. STRATINTERVIEWS, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which STRATINTERVIEWS deems inappropriate or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the STRATINTERVIEWS Site, authorized or unauthorized, constitutes consent to such monitoring.
19. Children
The STRATINTERVIEWS Site is intended for adults 18 years or older. You are not permitted to use the STRATINTERVIEWS Site if you are under the age of 13. By using the STRATINTERVIEWS Site, you agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to assist children under the age of 13 in accessing the STRATINTERVIEWS Site or to attempt to contact children under 13 through the STRATINTERVIEWS Site
20. Choice of Law and Jurisdiction
These Terms and Conditions and any claim, controversy, or dispute arising out of or relating to the Terms and Conditions or your use of the STRATINTERVIEWS site shall be governed by and construed in accordance with the laws of New South Wales, Australia, without reference to any conflict of law principles.
Further, each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales, Australia.
You agree to waive any objection that the courts of New South Wales, Australia, are an inconvenient forum.
21. Disclaimer of Warranties
You acknowledge and agree that no warranties of any kind are made with respect to the STRATINTERVIEWS Site and Services. Furthermore, you acknowledge that the Information and links provided through the STRATINTERVIEWS Site are compiled from sources that are beyond the control of STRATINTERVIEWS. Though such Information is recognized to be generally reliable, you acknowledge that inaccuracies may occur, and that STRATINTERVIEWS and its licensors do not warrant the accuracy or suitability of the Information. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE STRATINTERVIEWS SITE AND INFORMATION ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. STRATINTERVIEWS DOES NOT WARRANT THAT THE STRATINTERVIEWS SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, OR WILL BE UNINTERRUPTED OR ERROR FREE. STRATINTERVIEWS EXPRESSLY EXCLUDES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STRATINTERVIEWS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE STRATINTERVIEWS SITE, STRATINTERVIEWS COURSES, STRATINTERVIEWS PRACTICES, , STRATINTERVIEWS INFORMATION, INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. Under these Terms and Conditions, you assume all risk of errors and/or omissions in the STRATINTERVIEWS Site and Information, including the transmission or translation of Information. YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD STRATINTERVIEWS HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
22. Limitation of Liability
IN NO EVENT SHALL STRATINTERVIEWS OR ITS EMPLOYEES, AGENTS, LICENSORS OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, REVENUES, OR OTHER ECONOMIC LOSSES WHETHER DEEMED DIRECT OR CONSEQUENTIAL AND REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER SUCH DAMAGES WERE REASONABLY FORESEEABLE.
IN NO EVENT SHALL OUR LIABILITY FOR ANY DAMAGES, REGARDLESS OF KIND OR TYPE, TO YOU OR ANY OTHER PERSON, EXCEED AUD25.00.
23. Limitation of Claims
Any action on any claim against STRATINTERVIEWS must be brought by the user within one (1) year following the date the claim first accrued, or shall be deemed waived.
24. Severability
Whenever possible, each provision of these Terms and Conditions shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms and Conditions shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these Terms and Conditions. Any unenforceable provision will be replaced by a mutually acceptable provision which comes closest to the intention of the parties at the time the original provision was agreed upon.
25. Indemnification
You agree to defend, indemnify, and hold STRATINTERVIEWS and its employees, agents, licensors or contractors harmless from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to your use of the STRATINTERVIEWS Site, including without limitation, your violation of these Terms and Conditions, in each case whether or not caused by the negligence of STRATINTERVIEWS or its employees, agents, licensors or contractors and whether or not the relevant claim has merit.
In the event that any third party claim is brought, STRATINTERVIEWS has the right and option to, at its own expense, undertake the defense and control of such action with counsel of its choice. If STRATINTERVIEWS exercised this option, you agree to cooperate with it in asserting any available defenses.
26. Intellectual Property
The STRATINTERVIEWS Site and STRATINTERVIEWS IP is the valuable, exclusive property of STRATINTERVIEWS or its licensors and nothing in these Terms and Conditions shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The STRATINTERVIEWS IP is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as expressly permitted in these Terms and Conditions, you may not copy, adapt, distribute, commercially exploit, or publicly display the Information or any portion thereof in any manner whatsoever without STRATINTERVIEWS's prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information. STRATINTERVIEWS, and its associated logos, and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of STRATINTERVIEWS. All other product names and company logos mentioned on the STRATINTERVIEWS Site or STRATINTERVIEWS IP are trademarks of their respective owners.
You may from time to time provide STRATINTERVIEWS with suggestions, comments, recommendations, improvements, solutions, bug fixes, features, concepts, techniques, ideas, know-how and/or any feedback regarding the Services, the Site and/or any of STRATINTERVIEWS’s related technologies (“Feedback”). Any and all Feedback is and shall be given entirely voluntarily. As between the you, STRATINTERVIEWS and, if applicable, your Organization Subscriber, all Feedback shall be exclusively owned by STRATINTERVIEWS, and you hereby make all assignments necessary to accomplish the foregoing ownership, and as a result STRATINTERVIEWS shall be freely entitled to reproduce, prepare derivative works, disclose to third parties, display and perform (publicly or otherwise), sell, lease, license, distribute and otherwise use and exploit any and all such Feedback as it deems appropriate, at its sole discretion, without obligation or liability of any kind to you, your Organization Subscriber (if applicable) or any other person or entity.
27. Notice and Procedure for Copyright Infringement Claim
STRATINTERVIEWS, pursuant to the Australian Copyright Laws (Copyright Act 1968, Copyright Amendment Act 2006) (the "Acts") reserves the right to terminate your use of the STRATINTERVIEWS Site or Information if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.
STRATINTERVIEWS accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, STRATINTERVIEWS has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Acts. STRATINTERVIEWS's designated agent to receive notification of claimed infringement can be contacted via email: [email protected]
Before submitting a claim, please verify whether the alleged infringement could be categorized as a “fair use” as defined by copyright laws of most countries. This is an exception allowing other people to use content they do not own to make factual references, to comment or to criticize it.
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to the STRATINTERVIEWS designated agent, listed above, and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed;
- Description 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. Similarly for other types of infringing materials, a list of such materials;
- Description of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
28. General Provisions
If STRATINTERVIEWS is unable to perform any obligation under this Agreement because of any matter beyond its reasonable control, such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving employees of STRATINTERVIEWS) acts of local or central government or other competent authorities, problems with telecommunications providers, hostile network attacks or other events beyond STRATINTERVIEWS’s reasonable control (each, a “Force Majeure Event”), STRATINTERVIEWS will have no liability to you for such failure to perform; provided, however, that STRATINTERVIEWS shall resume performance promptly upon removal of the circumstances constituting the Force Majeure Event. If any Force Majeure Event continues for more than sixty (60) days, either STRATINTERVIEWS or you may terminate this Agreement by delivery of written notice to the other party. You will remain responsible for all Fees incurred through the last day the Services were available.
29. Entire Agreement
If you and STRATINTERVIEWS have executed a separate Subscription Agreement applicable to your access to and use of the STRATINTERVIEWS Site, then the terms and conditions of such Subscription Agreement shall prevail to the extent of any conflict with the terms and conditions of this Agreement. In all other cases, this Agreement constitutes the entire agreement between STRATINTERVIEWS and you with respect to its subject matter, and supersedes all prior communications and proposals, whether electronic, oral or written, between STRATINTERVIEWS and you.
This agreement may not be modified except by STRATINTERVIEWS.