VMock

Terms of Service

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<ol>Last updated: March 17, 2018OverviewThank you for using the VMock platform. These Terms of Service cover your use of our websites and/or sub-domains (collectively, the "Site") and the services that VMock and its subsidiaries and affiliates including its officers, directors, employees, agents, representatives, consultants, and contractors (hereinafter referred to as "VMock", "we", "us" or "our") provide through the Site and underlying technology, our related mobile apps, developer platforms, premium services, or any content or information provided as part of these services (hereinafter referred to as the "Services"). By accessing or signing up to our Site and/or Services, you agree to be bound by these Terms of Service, and to review and accept our Privacy Policy. Please read them carefully. You should review the Privacy Policy and Terms of Service periodically for any modifications or changes. If you do not agree to be bound by these Terms of Service including binding arbitration and class action waiver provisions, you must not access or use our Site and/or Services. </ol> <ol> <li>IntroductionVMock's mission is to ensure that every professional has the best career journey they possibly can and we enable this through a career development platform that leverages a sophisticated analytics engine. Our goal is to enable our users to own their careers and chart a path that helps them get to their goals. We build innovative products that are cutting edge and attempt to deliver strong value. VMock does not, however, represent or warrant that the use of our Site and/or Services will provide specific or desired results. <ul> <li> Agreement You agree to enter into a legally binding agreement by clicking on "Continue with Facebook" or "Continue with LinkedIn" or "Complete registration using email address" or through Single Sign-on or any other similar sign up methods for registering into, accessing or using our Site and/or Services. These Terms of Service apply to both the registered (who have registered with us to use our Site and/or Services) and unregistered Users, such as visitors of our Site and/or Services. Where the User is accessing the Site and/or Services based on the terms of another written agreement with VMock, either directly, or through a contract with an affiliated organization ("Master Contract") and there is a conflict between the terms of the Master Contract and these Terms of Service, the terms of the Master Contract shall supersede the terms mentioned herein. If the User is accessing the Site and/or Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of VMock. Any such purported or actual assignment or delegation by you without the appropriate prior written consent of VMock will be null and void. VMock reserves the right to assign these Terms of Use or any rights hereunder without your consent. </li> </ul> </li> <li>Your AcceptanceBy signing up or by using the Site and/or Services in any way, you consent to, and agree to comply with all the terms in this Terms of Service. <ul> <li> Eligibility To use our Site and/or Services, you represent that you are more than thirteen (13) years of age, fully able and competent to enter into these terms, conditions, obligations, representations and warranties set forth in these Terms of Service, and to abide by and comply with these. If you are using the Site and/or Services on behalf of a company or other legal entity, you are nevertheless individually bound by these Terms of Service even if your company or other legal entity has a separate agreement with us. </li> <li> Membership The account you create on our Site and/or Services page and the Content and information you directly provide on the Site will become a part of our Site and/or Services. You acknowledge that you will remain the owner of such Content and information and approve us to use the same in accordance with our Privacy Policy and Terms of Service. "Content" includes but is not limited to the text, scripts, graphics, photos, sounds, videos, questions, responses to questions and any other information that you post, communicate, transmit, record, link to or direct to any third party in any manner through the use of the Site and/or Services including, but not limited to, any presentation, appearance or participation by you through our Site and/or Services. Further, you agree to: (a) keep your password secure and confidential; (b) use our Site and/or Services directly and strictly only for the authorised purpose, and not for any other individual or entity; (c) provide accurate and complete information when creating your account; (d) not permit others to use your account; (e) not use someone else's account(s); (f) not sell, trade, or transfer your our account to another party; (g) not charge anyone for access to any portion of our Site and/or Services, or any information or services therein. and (h) follow all applicable rules and regulations. and general conduct stated in these Terms of Service. You are solely responsible for all the activities performed on/using your account unless you report misuse. You must notify us immediately of any breach of security or unauthorized access of your account. Some features of the Site and/or Services (collectively "Premium Service") are available on the payment of a fee. In case a User has access through a Master Contract, the party to the Master Contract may control all premium features of the User account, and may terminate User’s access to it. </li> <li> Payment Premium Service Users: You agree to pay all applicable fees (inclusive of taxes) and provide us with the necessary payment information in order to access our Premium Service and any default in payment of these fees may result in termination of your Premium Service. Additionally: (a) based on your location, your purchase may be subject to foreign exchange fees or differences in prices (e.g. exchange rates); (b) taxes are calculated based on the billing information that you provide us at the time of purchase. </li> <li> Notice and Service Messages You agree to be registered with us on our Site and/or Services to provide you with important notices in any or all of the following ways: (a) a banner notice on the Site and/or Services; (b) an e-mail notification sent to the User’s registered e-mail address. or (c) through other means such as notification through telephone. </li> <li> Messages and Sharing Our Site and/or Services allow sharing of information in different ways, such as through your LinkedIn/Facebook profile to obtain network feedback and to share links to helpful articles and blogs. You acknowledge and agree that the information and Content that you share will be seen by any member or third party. Please note that we are not obligated to publish any information or Content on our Site and/or Services, and we reserve the right to remove any published or shared information or Content, without any notice. </li> </ul> </li> <li>Privacy PolicyIn addition to these Terms of Service, VMock has established a Privacy Policy (https://www.vmock.com/privacy) to explain to its Users how their information is collected and used. We recommend that you review the Privacy Policy prior to using the Site and/or Services. All the information set forth in our Privacy Policy is incorporated into these Terms of Service by reference and your acceptance of these Terms of Service and/or use of the Site and/or Services signify acknowledgement of agreement with our Privacy Policy. By using our Site and/or Services, you agree that VMock can use such information in accordance with our Privacy Policy. </li> <li>Modifications We reserve the right, at our sole discretion, to change, modify or otherwise alter the terms and conditions set forth in these Terms of Service at any time and you agree to be bound by such changes, modifications or alterations. Such modifications shall become effective immediately upon the posting thereof on the Site and/or Services. You must review these Terms of Service on a regular basis to keep yourself apprised of any changes. We strongly encourage you to check the “Last Updated” date at the top of these Terms of Service to familiarize yourself with the most up-to-date version of the Terms of Service. Your continued use of our Site and/or Services after any changes will signify and confirm your assent to those changes. Our Site and/or Services are a dynamic system and we continue to strive for best experience for our Users. Therefore, the Site and/or Services provided may change which includes, but is not limited to, updates, upgrades or discontinuation of features, components or modules, without prior notification, as part of our effort to update, improve and expand the Site and/or Services. VMock is not obligated to inform you of any such changes and you are solely responsible for periodically checking the Site and/or Services for changes. </li> <li>Use of the Site and/or ServicesVMock is not responsible in any way over the Content loaded onto the Site and/or Service by the Users. While we attempt to respond to complaints about inappropriate uses of our Site and/or Services, Users are solely responsible for all Content or any unlawful or inappropriate behaviour and subsequent actions arising in connection with their use of our Site and/or Services. Any recommendations or advice provided by us on the Site and/or Services is for informational purposes only and VMock expressly excludes any liability for any action taken by a User based on such recommendation or advice. The Site and/or Services may contain links to third party websites that are not owned or controlled by VMock. These links are provided solely as a convenience to you and not as an endorsement by VMock of the content on such websites. VMock has no control over, and assumes no responsibility or liability for, the content, privacy policies, terms of use or practices of any third party websites. Users are solely responsible for reading and agreeing (or disagreeing) with the terms and conditions and/or privacy policies of these third parties. In addition, VMock will not and cannot censor or edit content of any third party website. However, VMock does reserve the absolute right to refuse to consent to such links in its sole discretion. By using the Site and/or Services, you expressly relieve VMock from any and all liability from your use of any third party website and feedback providers. VMock may use third party vendors and hosting partners to provide the necessary content, hardware, software, networking, storage and related technology required to run the Site and/or Services. VMock maintains a copy of the User data on the servers of our hosting partners. As part of the Site and/or Services, Users are able to post their own Content. VMock takes no responsibility or liability for the Content posted by Users of the Site and/or Services. To the extent that any Content violates these Terms of Service, VMock reserves the right (but not the obligation) in its sole discretion to refuse publication of or remove Content from the Site and/or Services and/or delete the User account altogether. You have the right to request deletion of your information from our Site and/or Services by reaching out to us at privacy@vmock.com. By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to VMock through our customer service, feedback, survey or any other similar methods, you acknowledge and agree that: (a) your Contributions do not contain any confidential or proprietary information. (b) VMock is not under any obligation of confidentiality with respect to the Contributions. (c) VMock shall be entitled to use or disclose or reject such Contributions for any purpose, in any way, in any media worldwide. (d) you irrevocably assign to VMock all rights to your Contributions. and (f) you are not entitled to any reimbursement or compensation of any kind from VMock if such Contributions are used by VMock. Universities or schools, including but not limited to, affiliates and campuses and their officers, employees, contractors and consultants are able to view any student profile associated with their institutions. Employers will be able to view the profile associated with Users that submit their application for positions posted by the Employer. For the purpose of this Privacy Policy, the reference to "Employer" would include, but is not limited to, any organization, institution, government entity, agency, company, individual, professional services firm, non-profit association, small business or store who employs or puts to work, a person, and their subsidiaries and affiliates including their officers, employees, agents, representatives, consultants, and contractors who are legally and voluntarily provided access to the employer platform of the Site and/or Services. Any unauthorized collection of data including but not limited to student data, employer data, job descriptions, or other marketplace information through the use of automated scripts ("scraping") or similar technologies or methodologies is strictly prohibited. </li> <li>Content RestrictionsExcept as otherwise expressly permitted in these Terms of Service, you agree that you will not give access to, forward, display, post or distribute any part of the Content to any individuals, persons or companies. You agree that you will not use the Site and/or Services to forward, display, post or distribute any part of the Content or the suggestions for improvement to any public website including but not limited to YouTube, Facebook, Twitter or similar websites. Additionally, you agree not to use the Site and/or Services to post, email, or otherwise make available Content: (a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of another's privacy, inappropriate or is harmful to minors in any way; (b) that contains nudity or graphic or gratuitous violence or is pornographic or sexually explicit in any way. (c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (d) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any interview for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability; (e) that impersonates any person or entity, including, but not limited to, a VMock employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (f) that includes personal or personally identifiable information about another person without that person’s explicit consent; (g) that is false, deceptive, misleading, deceitful or wrongly informative in any way; (h) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (i) that constitutes or contains affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement; (j) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (k) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Services, or that otherwise negatively affects other Users’ ability to use the Services; (l) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Services; (m) that could disable, overburden, or impair the proper working or functionality or appearance of the Site and/or Services. or (n) that contains a third party's identification documents or sensitive financial information </li> <li>Proprietary RightsSubject to your compliance with these Terms of Service, VMock grants you a non-exclusive, non-transferable, revocable, limited right to access and use the Site and/or Services for which your account has been approved. Except as provided in the immediately preceding sentence, no other right, title or interest in the Site and/or Services is hereby granted or transferred to you as a result of any permitted use of the Site and/or Services. VMock retains the exclusive right, title and interest to the Site and/or Services. You agree to provide VMock with a limited, royalty-free, fully paid-up, non-exclusive, transferable, worldwide, perpetual license and right to use, distribute and display any and all Content provided that such license and right is restricted to the sole purpose of enabling VMock to provide the Site and/or Services. This includes any feedback provided to registered Users of Site and/or Services through the network feedback functionality of the platform. All original materials incorporated in or accessible through the Site and/or Services including, but not limited to, texts, photos, images, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content and the compilation, collection, arrangement and assembly thereof, are protected by United States and international copyright laws, and are owned or licensed by VMock or by an authorizing third party. </li> <li>SoftwareVMock software ("Software") includes the Site and/or Services and is hosted by VMock and accessed over the Internet. VMock agrees to provide you with a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software in accordance with these Terms of Service. You may not use the Software for anything other than as intended by VMock. You may not use the Software with any device, program or service designed to circumvent technological measures employed to control access to, or the rights in work protected by copyright laws. All rights not expressly granted by VMock are hereby reserved. You agree not to take any action to interfere with VMock’s ownership of or rights in the Software. You agree that, unless otherwise permitted in this section or by law, you will not: (a) reproduce, republish, display, frame, download, distribute, copy or transmit the Software. (b) to the extent permitted under applicable law, redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to the Software; (c) modify or create any derivative works based on the Software, including but not limited to customization, translation, or localization; (d) copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any software or files, or parts thereof, included as part of the Software; (e) except to the extent expressly permitted by law, decompile, disassemble, reverse engineer, or otherwise attempt to access or derive the source code or architecture of the Software, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Software, or the underlying ideas or algorithms of the Software; (f) attempt to probe, scan or test the vulnerability of the Software or any associated system or network, or breach any security or authentication feature or measure of the Software; (g) attempt to gain unauthorized access to the Software or to any account, application, platform, computer system or network associated with the Software (and, if you are blocked by VMock from accessing the Software, such as if VMock blocks your IP address, you will not implement any measure to circumvent such blocking, such as by masking your IP address or using a proxy IP address); (h) use the Software in any way that violates these Terms of Service, or any applicable law or regulation. and (i) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or associated with the Site and/or Services. </li> <li>DISCLAIMER OF WARRANTIESYOU AGREE THAT USE OF THE SITE AND/OR SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SITE AND/OR SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. VMOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND/OR SERVICES AND YOUR USE THEREOF INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, FREEDOM FROM VIRUSES AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. VMOCK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE AND/OR SERVICES , INCLUDING BUT NOT LIMITED TO, SCORING, BENCHMARKING AND OTHER FEEDBACK PROVIDED, AND OR THE CONTENT OF ANY THIRD PARTY SITES LINKED TO THIS SITE AND/OR SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE AND/OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE AND/OR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES AND/OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE AND/OR SERVICES BY ANY THIRD PARTY, OR (V) ANY LOSS OR DAMAGE TO CONTENT OR DATA (WHETHER STORED THROUGH THE SITE AND/OR SERVICE OR OTHERWISE), OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE AND/OR SERVICES. VMOCK DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR OPPORTUNITY ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE AND/OR SERVICES OR ANY HYPER-LINKED SITES AND/OR SERVICES. FOR AS LONG AS VMOCK CONTINUES TO OFFER THE SITE AND/OR SERVICES, VMOCK SHALL PROVIDE AND SEEK TO UPDATE, IMPROVE AND EXPAND THE SITE AND/OR SERVICES. AS A RESULT, WE ALLOW YOU TO ACCESS VMOCK AS IT MAY EXIST AND BE AVAILABLE ON ANY GIVEN DAY AND WE HAVE NO OTHER OBLIGATIONS, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT. </li> <li>No Guarantee Of ResultsVMOCK IS NOT AN EMPLOYMENT AGENCY OR A RECRUITING FIRM, AND MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OR TIMELINESS OF THE SITE AND/OR SERVICES IN MEETING USER'S EMPLOYMENT OBJECTIVES. VMOCK DOES NOT GUARANTEE THAT RESUMES OR OTHER INFORMATION POSTED BY USER WILL RESULT IN THE USER BEING HIRED OR POSITIONS BEING FILLED, AND IS NOT RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS, FOR WHATEVER REASON, MADE BY EMPLOYER OR BY OTHERS ABOUT THE USER. </li> <li>No Endorsements by VMockNothing in the Site and/or Services shall be considered an endorsement, representation or warranty with respect to any user whether in regards to experience or otherwise. </li> <li>Employer Employers who are submitting any content, including but not limited to all job postings, will only submit content that is accurate, true, not misleading or deceptive in any manner, and fully in compliance with all applicable federal, state and local laws (including but not limited to laws prohibiting employment discrimination). All Employer content that are job postings must be for actual job listings in compliance with all applicable federal, state and local laws and may not contain (i) any form of advertisement, promotion or endorsement, other than promotion of the job itself or (ii) require any form of upfront payment or referrals to other candidates. All Employers are solely responsible for their own hiring determinations and agree to maintain a fair and equitable recruitment process when selecting student candidates. Employers also agree not to discriminate based on ethnicity, national origin, religion, age, gender, sexual orientation, disability, or veteran status as prohibited by law. Employers have the ability to contact students directly through the Site and/or Services. By using this Site and/or Services, Employer agrees not to stalk, defame, bully, harass, abuse, threaten, intimidate, or impersonate any people or entities. Any violation of these, or any other terms, at our discretion, may result in termination of the account(s) associated with the Employer. </li> <li>Limitation of LiabilityUnder no circumstances shall VMock be liable for indirect, incidental, special, punitive, consequential or exemplary damages (including, but not limited to, lost profits or damages arising from your use of or inability to use the Site and/or Services) whatsoever, whether based on warranty, contract, tort or any other legal theory, and whether or not VMock was advised of the possibility of such damages. In no event shall the liability of VMock arising out of any breach of contract or otherwise, if any, exceed the total amount paid by the individual User for the Site and/or Services in the last payment cycle. If you are using the Site and/or Services through a Master Contract, you are not entitled to any claim arising out of a breach of the Master Contract. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. THIS SECTION STATES THE MAXIMUM LIABILITY OF VMOCK UNDER THIS TERMS OF SERVICE. </li> <li>Dispute ResolutionPlease read this carefully. It is part of the agreement between you and VMock (hereinafter, individually referred to as "Party" and collectively, "Parties") and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms of Service, our Privacy Policy or otherwise arising from the use of any product or Services provided by VMock that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of this section. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and VMock, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Site and/or Services provided under these Terms of Service. Notice Requirement and Informal Dispute Resolution. Before either Party seeks arbitration, the Party must first send to the other Party a written notice of dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to VMock should be sent to legal@vmock.com. After the Notice is acknowledged, you and VMock may attempt to resolve the claim or dispute informally. If the Parties do not resolve the claim or dispute within thirty (30) days after the Notice is acknowledged, either Party may begin an arbitration proceeding. The amount of any settlement offer made by any Party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either Party is entitled. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the Parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms of Service. The AAA Consumer Arbitration Rules ("Arbitration Rules") governing the arbitration are available online at www.adr.org or can be accessed by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than [Ten Thousand U.S. Dollars (US $10,000.00)] may be resolved through binding non-appearance-based arbitration. For claims or disputes where the total amount of the award sought is [Ten Thousand U.S. Dollars (US $10,000.00)] or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in Illinois unless the Parties agree otherwise. If any Party resides outside of the U.S., the arbitrator shall give the Parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each Party shall bear its own costs (including attorney's fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions. the specific manner shall be chosen by the Party initiating the arbitration. The arbitration shall not involve any personal appearance by the Parties or witnesses unless otherwise agreed by the Parties. Time Limits. If either Party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations of Illinois (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the Parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and these Terms of Service. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the Parties. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. In the event any litigation should arise between you and VMock in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND VMOCK WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The Parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a Party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. Severability. If any part or parts of this section are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall, to that extent, be severed and the remainder of this section shall continue in full force and effect. Right to Waive. Any or all of the rights and limitations set forth in this section may be waived by the Party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this section. Survival of Arbitration Agreement. This section will survive the termination of account closure and stoppage of use of Site and/or Services. Emergency Equitable Relief. Notwithstanding the foregoing, either Party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this section. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other Party’s patent, copyright, trademark or trade secrets shall not be subject to this section. Courts. In any circumstances where the foregoing section permits the Parties to litigate in court, the Parties hereby agree to submit to the personal jurisdiction of the courts located within the State of Illinois, for such purpose. </li> <li>Termination of Your AccountYou agree that VMock may terminate your access to the Site and/or Services without notice if: (a) VMock determines that you have violated these Terms of Service, or (b) VMock is requested or required to do so by any court of competent jurisdiction or government authority in any country. You agree that the Site and/or Services are not intended to act as an indefinite information repository and, therefore, VMock may, upon such termination, deactivate or delete your account and any related data, information, and files, and bar any further access to such data, information, and files. Such action may include, among other things, accessing your content or data and/or discontinuing your use of the Site and/or Services without refund or compensation. Sections corresponding to Disclaimer of Warranties, Limitation of Liability, Termination of Your Account, Indemnification), and General Information, our right to use and disclose your network feedback to the members of our Site and/or Services as defined in the section on Proprietary Rights, and any payments owed by either VMock or the User of these Terms of Service under sections corresponding to Payment (until paid in full), shall survive expiration or termination. </li> <li>General ConductYou agree that you will: (a) follow all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. (b) provide us precise, correct and updated information; (c) use your genuine information on your profile; (d) not create an account for anyone other than yourself without permission and if we disable your account, you will not create another one without our permission. Additionally, you agree not to: (a) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (b) stalk or otherwise harass anyone. (c) reveal data of others, that you have no right to reveal; (d) collect personal data about other users for commercial or unlawful purposes; (e) use automated means, including but not limited to spiders, robots, crawlers, data mining tools, or the like to download data from the Services - unless expressly permitted by VMock; (f) conduct fraud or other similar practice; (g) duplicate or use the data, content or information of others accessible on our Site and/or Services (except as expressly authorized); (h) copy or use the information, content or data on VMock in connection with a competitive service (as determined by VMock); (i) attempt to gain unauthorized access to VMock's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Site; (j) use any form of automated device or computer program that enables the submission of postings on the Site without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals; (k) imply or state that you are partnered, affiliated or endorsed by VMock without our express assent; (l) sponsor, sell or otherwise monetize any feature of the Site and/or Services, without VMock’s consent; (m) lease, trade reproduce, duplicate, copy, sell, trade or resell any portion of the Site and/or Services. use of the Site and/or Services. or access to the Site and/or Services. or any related information or data. or (n) override any security feature of the Site and/or Services; (o) restrict another user from using or enjoying the Site and/or Services; (p) facilitate or encourage violation of Terms of Service and Privacy Policy by any other user; (q) share your password or let anyone else access your account, or do anything else that might compromise the security of your account. </li> <li>IndemnificationTo the extent permitted by applicable law, you agree to defend, indemnify and hold harmless VMock from and against any and all claims, actions, lawsuits, damages, obligations, losses, liabilities, costs or debt, and expenses arising out of or related to or in connection with (a) your use of and access to the Site and/or Services. (b) your violation, breach or default of any term of these Terms of Service or any applicable law. (c) your violation of any third party right including, but not limited to, any patent, trademark, service mark, copyright, trade secret, property or privacy right. (d) any claim that Content caused damage to a third party. </li> <li>Digital Millennium Copyright ActIf you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by reaching out to privacy@vmock.com, with the following information: (a) electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (b) identification 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. (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit VMock to locate the material. (d) information reasonably sufficient to permit VMock to contact you, such as an address, telephone number, and, if available, an electronic mail. (e) 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 owner, its agent, or the law. and (f) 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. </li> <li>Export RegulationsEach User shall explicitly use the Site and/or Services only in compliance with all applicable local laws, statutes, rules regulations and codes. Our Site and/or Services are subject to U.S. export control and economic sanction regulations including but not limited to OFAC regulation. You must comply with all applicable export and re-export restrictions and regulations of the Departments of Commerce, State, Treasury, and other United States agencies and authorities that may apply to our Site and/or Services. You acknowledge that our Site and/or Services may not be accessed or used by any person located in a comprehensively embargoed country, and certify that you are not located in any such embargoed country and are not making our Site and/or Services accessible to any such person. You acknowledge that our Site and/or Services may not be accessed or used by any person or entity listed on any of the United States Government's lists of prohibited and restricted parties, and certify that you are not included on any of those lists and are not making our Site and/or Services accessible to any such person. You agree that any software application made accessible to you by us will not be used, or made available to a third party for use, in any activities directly or indirectly related to WMD proliferation activities </li> <li>General Information(a) Nothing in these Terms of Service shall be deemed to confer any third party rights or benefits; (b) Regardless of any statute or law or regulation to the contrary, any claim or cause of action, arising out of or related to or in connection with the use of the Site and/or Services or these Terms of Service, must be filed within three (3) months from the date the cause of action first arose or be forever deemed barred; (c) These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, except that VMock can assign any of its rights and licenses granted hereunder without your consent. Any transfer or assignment in violation of this provision will be considered void; (d) If any provision under these Terms of Service is declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions under these Terms of Service shall remain unaffected and shall remain in full force and effect to the extent allowed by law or regulation; (e) The waiver by either party of a breach or a default of any provision under these Terms of Service by the other party shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party. </li> <li>How to contact usIf you have any questions about these Terms of Service, or would like to report a violation of these Terms of Service, please contact us by email at privacy@vmock.com. If we receive a complaint or grievance from you, we will respond to you within a reasonable time period and use reasonable efforts to investigate and resolve the complaint or dispute. </li> </ol>