Wonksknow Terms And Conditions

REPRESENTATIONS AND WARRANTIES

You represent and warrant that you authorized to accept and agree to these Terms of Service. Your candidate(s) are of physical, medical, and mental ability to participate in the interview service offered by Vinterview and you hereby execute this agreement without coercion.

DISCLAIMER

WE OFFER OUR SERVICES “AS IS” AND MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY OF PERFORMANCE OR RESULTS; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR GROSS NEGLIGENCE, SHALL WONKSKNOW LLC, ANY OF ITS AFFILIATES, ITS SUBSIADIRIES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (INCLUDING INSTRUCTORS AND TUTORS) (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND MATERIALS RELATED THERETO, YOUR PROVISION OF INFORMATION, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY ONLY TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) ARISING FROM THE AGREEMENT OR YOUR CANDIDATE(S)' PARTICIPATION IN THE SERVICES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO WONKSKNOW LLC FOR ANY INTERVIEW SERVICES.

INDEMNIFICATION

You, on behalf of yourself, your heirs, assigns, representatives, and next of kin agree to hold harmless, release, waive and agree to defend, hold harmless, and indemnify Protected Entities, to the maximum extent permitted by law, from any and all injuries, liabilities or damages from your participation in the use of Vinterview web or mobile apps, except for those arising from the gross negligence or willful misconduct of Wonksknow LLC. Wonksknow LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

DISPUTES

Class Action Waiver
You agree that the arbitration of any dispute shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Protected Entities or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Protected Entities. We and you agree that the arbitrator of any dispute between us may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action). Any claim that all or part of the class action waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

California Law and Arbitration Agreement
All parties to these terms and conditions waive their respective rights to a trial by jury. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association (AAA) (www.adr.org). The exceptions to the exclusivity of arbitration are (1) that you have the right to bring an individual claim against Company in a small-claims court of competent jurisdiction and (2) any claim that all or part of the class action waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator, as stated above. The laws of the State of California will govern this Agreement, as well as any claim that might arise between you and us, without regard to any conflict of law provisions.

Regarding claims:
(a) you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Wonksknow LLC or its affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures. (b) Either you or Company may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration. Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. (c) Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Company (except for small-claims court actions) may be commenced only in the federal or state courts located in California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. This Agreement, and any dispute between you and Wonksknow LLC, shall be governed by the laws of the state California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

MISCELLANEOUS

Interpretation
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

Communication and Data Privacy
If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. You also may sign up, and therefore agree, to receive SMS or text messages on your mobile phone so that we may communicate with you through text message/SMS; you may opt out of text messages/SMS by contacting us in writing or coming to our office. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. In the course of your use of our services, you may create an account, be asked to provide certain personally identifiable information to us, respond to surveys or otherwise provide information as a result of services and products made available by us (collectively, "User Information"). We may use this information in order to facilitate payment, provide our services to you, for our internal business purposes, and for other purposes that were disclosed to you at the time you provided the information. You agree that you are solely responsible for the accuracy and content of your User Information, and you agree to keep it up to date. If you have questions about the information we have on file, you may ask us. For our online services, our privacy policy applies and is located at https://vinterview.ai/privacy-policy

Our Intellectual Property Rights
The trademarks of Wonksknow LLC are proprietary to us and may not be used by you for any reasons other than as expressly permitted by these terms. All “Materials” including interview questions are the property of, or duly licensed to, Wonksknow LLC. The interview questions should not copied and should not be shared with anyone. Distribution, or reproduction, without the prior written permission of Wonksknow LLC, is strictly prohibited. You acknowledge that Wonksknow LLC and/or third party content providers remain the owners of all Materials, and that you do not acquire any of those ownership rights by viewing such material. By accepting these terms or by participating in any of our services, you agree to the Policies and the Terms of Service above, which include important terms, including, but not limited to, limitation of liability, consent to use the name and likeness of your candidate(s) for marketing, consent to collect and process data of you and, consent to be contacted, and an agreement to arbitrate (collectively, the “Agreement”). For any concerns or feedback please contact legal@wonksknow.com