PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING EASYCLIMB.TECH. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE. Last Updated: 11/2/2024
1. Introduction EasyClimb.tech (“EasyClimb.tech,” “we,” “our,” or “us”) operates the EasyClimb.tech website, including any related subdomains, forums, chat rooms, accounts, products, and services available thereon (collectively, the “Service”). The Service is designed to provide IT professionals with interview preparation resources, including real and mock interviews with peers and employers. By accessing or using the Service, you agree to comply with and be bound by these Terms of Service (“Terms”). These Terms constitute a legally binding agreement between you (“you” or “your”) and EasyClimb.tech. If you do not agree to these Terms, do not use the Service.
2. Eligibility The Service is available only to individuals who are 18 years of age or older. By using the Service, you represent and warrant that you meet all eligibility requirements. If you do not meet these requirements, you must not access or use the Service. EasyClimb.tech reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
3. Changes to Terms EasyClimb.tech reserves the right to modify these Terms at any time, at its sole discretion. Changes will take effect immediately upon posting on our website. It is your responsibility to review the Terms periodically for any updates. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. If you do not agree to the changes, you must discontinue using the Service immediately.
4. Access to the Service Subject to your compliance with these Terms, EasyClimb.tech grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use. EasyClimb.tech reserves the right to withdraw or amend this license, suspend, or terminate access to the Service, or impose limits on certain features, at any time, with or without notice, and for any reason, including but not limited to violations of these Terms.
5. Acceptable Use Policy You agree not to use the Service for any unlawful or prohibited purpose. You must not: - Violate any applicable laws or regulations or encourage others to do so. - Infringe upon the intellectual property or proprietary rights of EasyClimb.tech or others. - Transmit any harmful or malicious code or engage in activities that harm or disrupt the Service or its users. - Attempt to gain unauthorized access to any portion of the Service or its related systems, including other user accounts or information. - Use the Service to collect, store, or transmit personal data about other users without their consent. - Engage in any activity that could disable, overburden, interfere, or impair the functionality or security of the Service. - Use automated means, including spiders, robots, scrapers, or other means to access the Service for any purpose.
6. User Accounts To access certain features of the Service, you may be required to create an account. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify EasyClimb.tech immediately of any unauthorized use of your account or any other breach of security. EasyClimb.tech shall not be liable for any losses or damages arising from your failure to comply with these obligations.
7. Data and Privacy Your use of the Service is also governed by our Privacy Policy, which can be found at https://easyclimb.tech/privacy. By using the Service, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy. EasyClimb.tech is committed to protecting your privacy but does not guarantee that unauthorized third parties will not circumvent our security measures or use your personal information for improper purposes.
8. User Content You retain ownership of any content you submit to the Service (“User Content”). By submitting User Content, you grant EasyClimb.tech a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publish, translate, distribute, perform, and display such content for any purpose. You represent and warrant that you have all necessary rights to grant these licenses. EasyClimb.tech is not responsible for User Content or the accuracy, completeness, or legality of User Content and reserves the right to remove or modify User Content for any reason. You agree not to submit any User Content that: - Infringes any intellectual property or other proprietary rights of any party. - Is false, misleading, defamatory, obscene, or offensive. - Contains unsolicited or unauthorized advertising or promotional material. - Violates any applicable laws or regulations or encourages conduct that would constitute a criminal offense. - Includes sensitive personal information of any individual, such as health or financial data, without their explicit consent.
9. Intellectual Property All content, features, and functionality of the Service, including but not limited to text, graphics, logos, icons, images, video clips, audio clips, digital downloads, data compilations, and software, are the exclusive property of EasyClimb.tech or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any part of the Service without our express written permission.
10. Data Sharing with 3rd Parties By using the Service, you acknowledge and agree that EasyClimb.tech may share your data, including but not limited to your performance metrics and interview recordings, with potential employers and partners who are interested in accessing profiles of our users. We commit to handling your data in accordance with our Privacy Policy and applicable laws. EasyClimb.tech is not liable for any use of your data by third parties with whom you choose to interact.
11. Third-Party Links and Resources The Service may contain links to third-party websites, applications, or resources. EasyClimb.tech provides these links for your convenience only and does not control, endorse, or assume responsibility for the availability, accuracy, legality, compliance, or content of such third-party resources. Your use of third-party resources is at your own risk and subject to their respective terms of service and privacy policies. EasyClimb.tech shall not be liable for any damages or losses caused by your use of or reliance on any third-party content, goods, or services.
12. Termination EasyClimb.tech reserves the right to suspend or terminate your access to the Service at any time, without notice, for any conduct that EasyClimb.tech, in its sole discretion, believes violates these Terms, is harmful to other users of the Service, us, or third parties, or for any other reason. Upon termination, your right to use the Service will immediately cease, and EasyClimb.tech reserves the right to remove and discard any content you have submitted to the Service. EasyClimb.tech will not be liable to you or any third party for any suspension or termination of your access to the Service.
13. Disclaimer of Warranties The Service is provided “as is” and “as available” without any warranties of any kind, whether express or implied, statutory, or otherwise. To the fullest extent permitted by applicable law, EasyClimb.tech disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from the course of dealing, usage, or trade practice. EasyClimb.tech does not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
14. Limitation of Liability To the fullest extent permitted by law, EasyClimb.tech, its affiliates, licensors, and service providers shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of revenue, profits, goodwill, use, data, or other intangible losses, whether incurred directly or indirectly, arising from or in connection with your use of the Service or these Terms, regardless of the theory of liability, including but not limited to contract, tort, strict liability, or otherwise, even if EasyClimb.tech has been advised of the possibility of such damages.
15. Indemnification You agree to indemnify, defend, and hold harmless EasyClimb.tech, its affiliates, licensors, and service providers, and each of their respective officers, directors, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including but not limited to your User Content, any use of the Service’s content, products, or services other than as expressly authorized in these Terms, or your use of any information obtained from the Service.
16. Governing Law and Dispute Resolution These Terms and any disputes arising out of or relating to them or the Service shall be governed by and construed in accordance with the laws of Washington State (USA), without regard to its conflict of law provisions.
Arbitration Agreement: You and EasyClimb.tech agree that any disputes, claims, or controversies arising out of or related to these Terms or the Service will be resolved through binding arbitration by a single arbitrator in Washington State (USA) in accordance with the rules of Washington State (USA), rather than in court, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Class Action Waiver: You and EasyClimb.tech agree to resolve any disputes on an individual basis and waive the right to bring or participate in any class, consolidated, or representative action or proceeding. The arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
17. General Provisions - Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by any court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms will continue in full force and effect. - Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire and exclusive agreement between you and EasyClimb.tech with respect to your use of the Service, superseding and replacing any prior or contemporaneous agreements, understandings, or communications, whether written or oral, regarding such subject matter. - Waiver: No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default. Any waiver must be in writing to be valid and enforceable. - Assignment: EasyClimb.tech may assign these Terms in whole or in part at any time without your consent. You may not assign these Terms or transfer any rights to use the Service. - Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
18. California State + GDPR: In addition to the rights available to California residents, users in the EU and other regions may have additional rights under privacy laws such as the General Data Protection Regulation (GDPR). These rights may include the right to access, correct, delete, restrict, or object to our processing of your data. To exercise these rights, please contact us at support@easyclimb.tech.
19. Contact Information If you have any questions about these Terms, please contact us at: Email: support@easyclimb.tech