WATCHME PROFILE MEDIA GROUP LLC dba Connexion Pointe® TERMS OF AGREEMENT
By clicking “I Agree”, emailing your statement of agreement, entering your credit card information, or by signing this agreement on this page or reverse, or otherwise enrolling, electronically, verbally, or otherwise, for the service, you (“Client”) are entering into a legally binding agreement with WatchMe ProfileMedia Group, LLC an Arizona Corporation, dba Connexion Pointe® (“Company”), according to the following terms and conditions:
COMPANY’S SERVICES. Upon execution of this Agreement, electronically, verbally, written or otherwise, the Company agrees to render services related to asynchronous, simulated, virtual screening interviews, Pointe Profile®, Pointe Savant®, and Pointe Savant® PreView applications (“Services”). Please read carefully before using the Services.
The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client. Parties agree that the Services are in the nature of asynchronous video interviewing and screening. The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Services. Company reserves the right to substitute services equal to or comparable to the Services for Client if the need arises.
PAYMENT, Client agrees to compensate Company according to the payment schedule set forth on Company’s website, or Payment Schedule, and the payment plan selected by Client (the “Fee”) or otherwise noted in this agreement. Company shall RESERVE THE RIGHT TO TERMINATE SERVICES FOR NON-PAYMENT.
REFUNDS. Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee. If Client cancels service during any billing period, the Services will be available to the Client until the end of the billing cycle, and the Client will receive no refund.
CHARGEBACKS AND PAYMENT SECURITY. To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates set forth herein. If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any charge backs to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on charge backs and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
NO RESALE OF SERVICES PERMITTED. Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferrable or assignable without the Company’s prior written consent.
NO TRANSFER OF INTELLECTUAL PROPERTY. Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of Company’s intellectual property for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
LIMITATION OF LIABILITY. By using Company’s services and enrolling in the Program, Client releases Company, it officers, employers, directors, and related entities from any and all damages that may result from anything and everything associated with the service and the use of the service. Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transactions. You agree that under no circumstances shall the Company be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the sites or Services. Additionally, Company is not liable for damages in connection with (i) any failure of performance, error, omission, disclosure, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, online or system failure; (ii) loss of revenue, anticipated profits, career, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if the Company has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law.
Regardless of the previous paragraph, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of: (a) the total fees Client paid to Company in the one month prior to the action giving rise to the liability, and (b) $100. All claims against Company must be lodged with the entity having jurisdiction within 10 days of the date of the first claim or otherwise be forfeited forever. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or the Program. Client agrees that use of Company’s services is at Client’s own risk. In no event shall the Company’s cumulative liability to you exceed $100.
DISCLAIMER OF GUARANTEE. Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Services. Client accepts and agrees that she/he is the one vital element to the successful use of the Services, and that the Company cannot control Client. The Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all Clients will achieve the same results.
Client agrees not to use the Services for any of the following
•to violate any law, threaten or encourage bodily harm or destruction of property, commit fraud, or harass, deceive, or defame others
•to harm, or attempt to harm, minors in any way
•to transmit or facilitate any unsolicited commercial bulk email, or inappropriate notifications included in the Services.
•to access, or to attempt to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of the Company’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system.
•to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of the Company or any third party.
•to collect, or attempt to collect, personal information about third parties without their knowledge or consent
•to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes or other destructive or deceptive material
•to test or reverse-engineer the Services in order to find limitation, vulnerabilities or evade filtering capabilities
•to alter, disable, or interfere with any aspect of the Services
•to interfere with the use of the Services (or the equipment used to provide the Services) by other customers, including excessive consumption of network or system resources whether intentional or unintentional
The Services are for the use of the Company’s customers only. The Company has the right, but not the obligation to monitor, record or disclose your use of the Services and you should have no expectation of privacy concerning your use of the Services.
COURSE RULES. To the extent that Client interacts with Company staff for coaching or educational services and/or other Company clients, Client agrees to at all times to behave professionally, courteously, and respectfully with the Company’s staff. Client agrees to abide by any Course Rules/Regulations presented by Company. The failure to abide by course rules shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of any Fees.
MODIFICATIONS TO THE SERVICE AND PRICES. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
USE OF COURSE MATERIALS. Client consents to recordings being made of courses and the Program. Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client. Client consents to its name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client.
OPTIONAL TOOLS. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered by the Company is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS. Certain content, products and services available via our Service may include materials from third-parties. The Company may be recipient of payment from third-party links. Third-party links on this site may direct you to third-party websites that are not affiliated with us. The Company is are not responsible for examining or evaluating the content or accuracy. The Company does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. The Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
NO SUBSTITUTE FOR MEDICAL TREATMENT. Client agrees to be mindful of his/her own well-being while using the Services and seek medical treatment (including, but not limited to psychotherapy) if needed. The Company does not provide medical, therapy, or psychotherapy services. The company is not responsible for any decisions made by Client as a result of coaching and any consequences thereof.
TERMINATION. If Client is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall be barred from using any of Company’s services.
The Services are for the use of the Company’s customers only. The Company has the right, but not the obligation to monitor, record or disclose Client’s use of the Services and you should have no expectation of privacy with respect to your use of the Services.
CONFIDENTIALITY. The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, or otherwise, without the written consent of Client. Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS. If, at the Company’s request or not at the Company’s request, Client sends certain specific submissions (for example contest entries) creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, electronically or otherwise (collectively, ‘comments’), Client agrees that the Company may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that Client forwards to the Company. The Company shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any comments. The Company, at its sole discretion may but have no obligation to, monitor, edit or remove content that Company determine is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these
ERRORS, INACCURACIES AND OMISSIONS. Occasionally there may be information on the Company’s web site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to interview questions, competencies, recruiting, screening, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. The Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after Client has submitted an order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
NON-DISPARAGEMENT. In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. The Company recognizes and agrees that all of the Company’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
CONTROLLING AGREEMENT. In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling.
CHOICE OF LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the state of Arizona, Maricopa County, pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties about the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations, and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
SURVIVABILITY. The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
SEVERABILITY. If any of the provisions contained in this Agreement, or any part thereof, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
OTHER TERMS. Upon execution by clicking “I agree,” or emailing a statement of agreement, or signing below, payment of services, or on the reverse of this document, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT. A facsimile, electronic, or e-mailed executed copy or acceptance of this Agreement, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.
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INFORMATION WE COLLECT
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