THE FOLLOWING DESCRIBES THE TERMS ON WHICH WHEELER TECHNOLOGIES, INC., a Florida Corporation, DOING BUSINESS AS CyberInterview ("CyberInterview.com"), OFFERS YOU ACCESS TO THE CyberInterview
INTERACTIVE HUMAN RESOURCES CANDIDATE TRACKING AND EVALUATION SERVICE. BY USING THIS SERVICE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AS DETAILED BELOW.
This Agreement describes the terms and conditions applicable to your use of our services located at www.CyberInterview.com, known herein as the "The Service". If you do not accept these
terms and conditions, You may not use the Service.
CyberInterview reserves the right, at our sole discretion, to change, modify, add, or remove portions of this Agreement periodically for changes. If you use The Service after we post changes
to this agreement, you accept the changed terms. this agreement may not be otherwise amended except in a writing signed by both parties.
CyberInterview Candidate Screening System (CSS) is a suite of interactive, online services that provide: Internet job posting and publication services;
job applicant skills assessment services; candidate tracking and evaluation services; candidate background checks; candidate employment and
education verification; and pre-employment drug use screening. Subscribers can create and publish job requisitions, track and evaluate job applicants, and evaluate candidates
more efficiently and objectively.
The Service is made available to all intrested parties in so much as they abide according to these TERMS AND CONDITIONS OF USE. If you do not agree to be bound by these TERMS AND
CONDITIONS OF USE, please do not use this, or any other CyberInterview service. CyberInterview may refuse access to the Service to anyone at any time, in its sole discretion.
CyberInterview is a fee based subscription service.
CyberInterview Service is a computer software tool which allows Employers to improve the quality of candidates for employment. CyberInterview imporves efficiently
of the hiring process by providing consistant, objective metric by which to evaluate the suitibility of prospective employees.
CyberInterview.com makes no effort to verify the validity of the information posted, the
truth or accuracy of the postings is beyond the control of CyberInterview.
4.2 Because user authentication on the Internet is difficult, CyberInterview does not
confirm that each information poster is who he or she claims to be, or that such information
poster is actually authorized to represent specific information posted. Therefore, you must use care in
dealing with information posted to the CyberInterview Information Service to avoid fraud or other
potential harm including physical harm.
4.3 CyberInterview has no obligation to, and generally does not, control the
information provided by information posters which is made
available through the Service. By its very nature, information may be
offensive, harmful or inaccurate, and in some cases will be misleading
and/or deceptive. Therefore, You should use caution when using the Service.
4.4 Information posted on the Service may contain inaccuracies or typographical
errors. CyberInterview makes no representations about the accuracy,
reliability, completeness, or timeliness of the Servive and makes no
representations whatsoever about the information posted on the Service.
Your use of the Service at Your own risk.
You release CyberInterview (and its parent, affiliates, agents and employees) from, and covenant not to sue
CyberInterview (and its affiliates, agents and employees) for, claims,
demands and damages (whether direct, indirect, special, incidental or
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes or such dealings.
You are responsible for maintaining the
confidentiality of Your login password. You may not disclose to or share Your
password with any third parties or use Your password for any unauthorized
purpose. You shall be responsible for all uses of Your subscription,
whether or not authorized by you.
Your information includes any information you provide to
CyberInterview, in any service area or through any email or
other feature available through the Service (defined herein as "Your
Information"). With respect to Your Information:
7.1 You are
solely responsible for Your Information, and You acknowledge and agree
that CyberInterview is merely a passive conduit for online distribution and
publication of Your Information. Notwithstanding the foregoing,
CyberInterview may take any action with respect to any information it deems
necessary or appropriate in its sole discretion if CyberInterview believes it
may create liability or may cause CyberInterview to lose (in whole or in
part) the services of its internet service providers or other suppliers.
7.2 You acknowledge and agree that You are solely responsible for the form,
content and accuracy of any information placed by You on the Service.
represent and warrant that Your Information shall not: (a) be fraudulent;
(b) infringe any third party's copyright, patent, trademark, trade secret
or other proprietary rights or rights of publicity or privacy; (c) violate
any law, statute, ordinance or regulation (including without limitation
those governing export control, consumer protection, unfair competition,
anti-discrimination or false advertising); (d) be defamatory, libelous,
abusive, hateful, unlawfully threatening or unlawfully harassing; (e) be
obscene, sexually explicit or contain child pornography or offensive
language; (f) contain any viruses, Trojan horses, worms, time bombs,
cancelbots or other computer programming routines that are intended to
damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information; and (g) link
directly or indirectly to or include descriptions of goods or services
that are prohibited by CyberInterview.
7.4 Solely to
enable CyberInterview to use Your Information, You grant CyberInterview a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licenseable (through multiple tiers) right (including any moral
rights) and license to use, reproduce, modify, adapt, publish, perform and
display Your Information (in whole or in part) and to incorporate it in
other works in any other form, media or technology now known or later
developed, for the full term of any rights that may exist in Your
Information. CyberInterview will use Your Information in accordance with our
The Service may be used only for lawful purposes. CyberInterview specifically prohibits any use of the Service, and You agree
not to use the Service, for any of the following:
any incomplete, false or inaccurate information or
information which is not Your own.
any franchise, pyramid scheme, "club membership", distributorship or sales
representative agency arrangement or other business opportunity which
requires an up front or periodic payment, pays commissions only (no
significant salary), requires recruitment of other members,
sub-distributors or sub-agents.
or revising any material posted by any other person or entity.
8.4 Using any
device, software or routine to interfere or attempt to interfere with the
proper working of the Service or any activity being conducted on the
any action which imposes an unreasonable or disproportionately large load
on the Service's infrastructure.
Disclosing to or sharing Your password with any third parties or using
Your password for any unauthorized purpose.
Notwithstanding anything to the contrary contained herein, using or
attempting to use any engine, software, tool, agent or other device or
mechanism (including without limitation browsers, spiders, robots, avatars
or intelligent agents) to navigate or search the Service, or any
other web site maintained by CyberInterview other than generally
available third party web browsers (e.g.,
Netscape Navigator, Microsoft Explorer).
Attempting to decipher, decompile, disassemble or reverse engineer any of
the software comprising or in any way making up a part of the CyberInterview Service.
Indemnification. You will defend CyberInterview and its affiliated
companies against all claims, suits, and proceedings brought by third
parties, and will indemnify and hold them harmless from and against any
and all related liabilities, losses, expenses, damages and costs
(including, without limitation, reasonable attorneys' fees) arising out
of, relating to or incurred in connection with (a) the use of Your
Information, including any third-party claims alleging infringement of any
copyright, trademark or other intellectual property right or alleging
libel, defamation or invasion of privacy; (b) any breach of warranty by
You; (c) Your use of the Service. 5.
CyberInterview's Ownership. The contents of the Service, such as text,
graphics, images, logos, button icons, process, alogrtyyms, software and other material,
excluding Your Information, (the "Material"), are protected under both
United States and foreign copyright, trademark and other laws. All
Material is the property of Wheeler Technologies, Inc. (DBA CyberInterview) or its content suppliers or
clients. The compilation (meaning the collection, arrangement and
assembly) of all content on the Service is the exclusive property of
BoatingEvents.com and protected by U.S. and international copyright laws.
Unauthorized use of the Material may violate copyright, trademark, and
other laws. You must retain all copyright, trademark, service-mark and
other proprietary notices contained in the original Material on any copy
you make of the Material. You may not sell or modify the Material or
reproduce, display, publicly perform, distribute, or otherwise use the
Material in any way for any public or commercial purpose. The use of the
Material on any other web site or in a networked computer environment for
any purpose is prohibited. Moreover, You shall not copy or adapt the HTML
code that CyberInterview creates to generate its pages. This Code is also
protected by CyberInterview's copyright.
Integrity. You may not use any device, software or routine to
interfere or attempt to interfere with the proper working of the Service or
the CyberInterview.com site or transactions being conducted thereon. You may not
take any action which imposes an unreasonable or disproportionately large
load on CyberInterview.com's infrastructure. You are prohibited from violating or
attempting to violate the security of the Service, including, without
limitation, (a) accessing data not intended for such user or logging into
a server or account which the user is not authorized to access, (b)
attempting to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper
authorization, (c) attempting to interfere with service to any user, host
or network, including, without limitation, via means of submitting a virus
to the Web Site, overloading, "flooding", "spamming", "mailbombing" or
"crashing", (d) sending unsolicited e-mail, including promotions and/or
advertising of products or services, or (e) forging any TCP/IP packet
header or any part of the header information in any e-mail or newsgroup
posting. Violations of system or network security may result in civil or
criminal liability. CyberInterview will investigate occurrences which may
involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting users who are involved in such
Breach. CyberInterview may immediately issue a warning, temporarily
suspend, indefinitely suspend or terminate Your membership, any of Your
current listings, and any other information You place on the Service, if You breach
this Agreement or if
CyberInterview is unable to verify or authenticate any information You
provide to us. Without limiting any other remedies, CyberInterview may
suspend or terminate Your account if you are found to have engaged in
fraudulent activity in connection with the Service or any other CyberInterview
applies to Your use of the Service, except to the extent such terms are
inconsistent with this Agreement, in which case the terms of this
Agreement shall control.
Warranty. CyberInterview DOES NOT WARRANT THAT THE SERVICE WILL OPERATE
ERROR-FREE OR THAT THE SERVICE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES
OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SERVICE OR THE MATERIAL
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,
CyberInterview.com IS NOT RESPONSIBLE FOR THOSE COSTS. CyberInterview.com PROVIDES THE
SERVICE ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS
OR IMPLIED. CyberInterview SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. CyberInterview MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICE MATERIAL, SERVICES,
SOFTWARE, TEXT, GRAPHICS, AND LINKS.
15.1 IN NO
EVENT SHALL CyberInterview BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE
THE SERVICE. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO
EVENT SHALL CyberInterview BE LIABLE FOR ANY CLAIM, CAUSE OF ACTION, OR
DAMAGES, INCLUDING WITHOUT LIMITATION ANY CLAIMS OF PERSONAL INJURY,
SEXUAL HARASSMENT, WRONGFUL TERMINATION, FRAUD, OR OTHERWISE, ARISING OUT
OF OR IN CONNECTION WITH ANY INFORMATION POSTED ON THE SERVICE.
CyberInterview's LIABILITY, IF ANY, TO YOU OR ANY THIRD PARTIES IN ANY
CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY
TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND
General Compliance with Laws. You shall comply with all applicable
laws, statutes, ordinances and regulations regarding your use of the
Service and Your Posting of events and advertisements.
Agency. No agency, partnership, joint venture
or franchisor-franchisee relationship is intended or created between You and
BoatingEvents.com by this Agreement.
Notices. Except as explicitly stated otherwise, any notices shall
be given to the email address You provide to CyberInterview.com during the
registration process (in your case), or such other address as the party
shall specify. Notice shall be deemed given 24 hours after email is sent,
unless the sending party is notified that the email address is invalid.
Alternatively, BoatingEvents.com may give You notice by certified mail, postage
prepaid and return receipt requested, to the address provided to
BoatingEvents.com during the registration process. In such case, notice shall be
deemed given 3 days after the date of mailing.
CyberInterview makes no claims that the Service or the
Materials may be lawfully viewed or downloaded outside of the United
States. Access to the Market or the Materials may not be legal by certain
persons or in certain countries. If You access the Service from outside of
the United States, You do so at Your own risk and are responsible for
compliance with the laws of Your jurisdiction.
If any provision of this Agreement is found to be
invalid by any court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of
this Agreement, which shall remain in full force and effect. No waiver of
any term of this Agreement shall be deemed a further or continuing waiver
of such term or any other term. Except as expressly provided in additional
in Software License or material on particular Web pages, this Agreement
constitutes the entire agreement between You and CyberInterview with respect
to the use of the Service.