HBCU Terms And Conditions
HBCU 20x20 provides a subscription service that allows our employer partners to post,
connect
and engage with job seekers in the HBCU 20x20 community.
You have accepted these Terms of Use, which govern your use of our service.
As used in these Terms of Use, “HBCU 20x20 service”, “our service” or “the service” means
the
personalized service provided by HBCU 20x20 for sharing available opportunities for the
HBCU
community, including all applications, features and functionalities, recommendations and
reviews, the website, and user interfaces, as well as all content and software
associated
with our service.
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED
IN
SECTION
7 TO RESOLVE ANY DISPUTES WITH HBCU 20X20 (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL
CLAIMS COURT).
1. Subscription
1.1. Your HBCU 20x20 subscription will continue and automatically renew until
terminated. To use the HBCU 20x20 service you must have Internet access and an HBCU
20x20
ready device and provide us with one or more Payment Methods. “Payment Method” means a
current, valid, accepted method of payment, as may be updated from time to time and
which
may include payment through your account with a third party. You must cancel your
subscription before it renews in order to avoid billing of the subscription fees for the
next billing cycle to your Payment Method (see “Cancellation” below).
1.2. We may offer a number of subscription plans. Some subscription plans may have
differing conditions and limitations, which will be disclosed at your sign-up or in
other
communications made available to you. You can find specific details regarding your HBCU
20x20 subscription by visiting our website and clicking on the “Account” link available
at
the top of the pages under your profile name.
2. Promotional Offers
We may from time to time offer special promotional offers, plans or subscriptions
(“Offers”).
Offer eligibility is determined by HBCU 20x20 at its sole discretion and we reserve the
right to revoke an Offer and put your account on hold in the event that we determine you
are
not eligible. The eligibility requirements and other limitations and conditions will be
disclosed when you sign-up for the Offer or in other communications made available to
you.
3. Billing and Cancellation
Billing Cycle. The subscription fee for the HBCU 20x20 service and any other charges you
may
incur in connection with your use of the service, such as taxes and possible transaction
fees, will be charged to your Payment Method on the specific payment date indicated on
the
"Account" page. The length of your billing cycle will depend on the type of subscription
that you choose when you signed up for the service. Subscription fees are fully earned
upon
payment. In some cases, your payment date may change, for example if your Payment Method
has
not successfully settled, when you change your subscription plan or if your paid
subscription began on a day not contained in a given month. Visit our website and click
on
the "Billing details" link on the "Account" page to see your next payment date. We may
authorize your Payment Method in anticipation of subscription or service-related charges
through various methods, including authorizing it up to approximately one month of
service
as soon as you register.
3.2. Payment Methods. To use the HBCU 20x20 service you must provide at least one
Payment Method. You authorize us to charge any Payment Method associated with your
account
in case your primary Payment Method is declined or no longer available to us for payment
of
your subscription fee. You remain responsible for any uncollected amounts. If a payment
is
not successfully settled, due to expiration, insufficient funds, or otherwise, and you
do
not cancel your account, we may suspend your access to the service until we have
successfully charged a valid Payment Method. For some Payment Methods, the issuer may
charge
you certain fees, such as foreign transaction fees or other fees relating to the
processing
of your Payment Method. Check with your Payment Method service provider for details.
3.3. Updating your Payment Methods. You can update your Payment Methods by going
to
the "Account" page. We may also update your Payment Methods using information provided
by
the payment service providers. Following any update, you authorize us to continue to
charge
the applicable Payment Method(s).
3.4. Cancellation. You can cancel your HBCU 20x20 subscription at any time, and
you
will continue to have access to the HBCU 20x20 service through the end of your billing
period. To cancel, email info@hbcu20x20.com at least 24 hours prior to your next billing
period.. If you cancel your subscription, your account will automatically close at the
end
of your current billing period. If you signed up for HBCU 20x20 using your account with
a
third party as a Payment Method and wish to cancel your HBCU 20x20 subscription, you may
need to do so through that third party, for example by visiting your account with the
applicable third party and turning off auto-renew, or unsubscribing from the HBCU 20x20
service through that third party.
3.5. Changes to the Price and Subscription Plans. We reserve the right to change
our
subscription plans or adjust pricing for our service or any components thereof in any
manner
and at any time as we may determine in our sole and absolute discretion. Except as
otherwise
expressly provided for in these Terms of Use, any price changes or changes to your
subscription plan will take effect following notice to you.
3.6. No Refunds. Payments are nonrefundable and there are no refunds or credits
for
partially used subscription periods. Following any cancellation, however, you will
continue
to have access to the service through the end of your current billing period. At any
time,
and for any reason, we may provide a refund, discount, or other consideration to some or
all
of our members ("credits"). The amount and form of such credits, and the decision to
provide
them, are at our sole and absolute discretion. The provision of credits in one instance
does
not entitle you to credits in the future for similar instances, nor does it obligate us
to
provide credits in the future, under any circumstance.
4. HBCU 20x20 Service
You must be at least 18 years of age to become a member of the HBCU 20x20 service.
Individuals under the age of 18 may only utilize the service with the involvement of a
parent or legal guardian, under such person’s account and otherwise subject to these
Terms
of Use.
4.2. The HBCU 20x20 service must be accessed by a current employee or
representative
of the respective company.
5. Passwords and Account Access
The member who created the HBCU 20x20 account and whose Payment Method is charged (the
“Account Owner”) is responsible for any activity that occurs through the HBCU 20x20
account.
To maintain control over the account and prevent anyone from accessing the account
(which
could include information on viewing history for the account), the Account Owner should
maintain control over the HBCU 20x20 ready devices that are used to access the service
and
not reveal the password or details of the Payment Method associated to the account to
anyone. You are responsible for updating and maintaining the accuracy of the information
you
provide to us relating to your account. We can terminate your account or place your
account
on hold in order to protect you, HBCU 20x20 or our partners from identity theft or other
fraudulent activity. HBCU 20x20 is not obligated to credit or discount a subscription
for
holds placed on the account by either a representative of HBCU 20x20 or by the automated
processes of HBCU 20x20. If your HBCU 20x20 ready device is sold, lost or stolen, please
deactivate the HBCU 20x20 ready device. If you fail to log out or deactivate your
device,
subsequent users may access the HBCU 20x20 service through your account and may be able
to
access certain of your account information. To deactivate a device, follow instructions
on
the “Account” page of our website.
6. Disclaimers of Warranties and Limitations on Liability
THE HBCU 20X20 SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER
FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE HBCU 20X20 SERVICE, ARE PROVIDED “AS IS”
AND
“AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. HBCU 20X20 DOES NOT
GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE HBCU 20X20 SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE. HBCU 20X20 SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF
APPLICATIONS, HBCU 20X20 READY DEVICES, AND HBCU 20X20 SOFTWARE (INCLUDING THEIR
CONTINUING
COMPATIBILITY WITH OUR SERVICE).
6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL HBCU
20X20, OR
ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR
LICENSORS
BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
6.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF
THE
ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
6.4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS
THAT
APPLY TO YOU.
7. Arbitration Agreement
You and HBCU 20x20 agree that any dispute, claim or controversy arising out of or
relating in
any way to the HBCU 20x20 service, these Terms of Use and this Arbitration Agreement,
shall
be determined by binding arbitration or in small claims court. Arbitration is more
informal
than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or
jury,
allows for more limited discovery than in court, and is subject to very limited review
by
courts. Arbitrators can award the same damages and relief that a court can award and
nothing
in this Arbitration Agreement shall be interpreted as limiting any non-waivable
statutory
rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration
Act
governs the interpretation and enforcement of this provision, and that you and HBCU
20x20
are each waiving the right to a trial by jury or to participate in a class action. This
arbitration provision shall survive termination of this Agreement and the termination of
your HBCU 20x20 subscription.
7.2. If you elect to seek arbitration or file a small claim court action, you must
first send to HBCU 20x20, by certified mail, a written Notice of your claim (“Notice”).
The
Notice to HBCU 20x20 must be addressed to: HBCU 20x20, 1220 Mecaslin St NW, Atlanta, GA
30318 (“Notice Address”). If HBCU 20x20 initiates arbitration, it will send a written
Notice
to the email address used for your subscription account. A Notice, whether sent by you
or by
HBCU 20x20, must (a) describe the nature and basis of the claim or dispute; and (b) set
forth the specific relief sought (“Demand”). If HBCU 20x20 and you do not reach an
agreement
to resolve the claim within 30 days after the Notice is received, you or HBCU 20x20 may
commence an arbitration proceeding or file a claim in small claims court.
7.3. You may download or copy a form Notice and a form to initiate arbitration at
www.adr.org. If you are required to pay a filing fee, after HBCU 20x20 receives notice
at
the Notice Address that you have commenced arbitration, HBCU 20x20 will reimburse you
for
your payment of the filing fee, unless your claim is for greater than US$10,000, in
which
event you will be responsible for filing fees.
7.4. The arbitration will be governed by the Consumer Arbitration Rules (the “AAA
Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement,
and
will be administered by the AAA. The AAA Rules and Forms are available online at
www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.
The
arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to
decide, including issues relating to the scope and enforceability of this arbitration
agreement. Unless HBCU 20x20 and you agree otherwise, any arbitration hearings will take
place in the county (or parish) of your residence. The arbitrator’s award shall be final
and
binding on all parties, except (1) for judicial review expressly permitted by law or (2)
if
the arbitrator’s award includes an award of injunctive relief against a party, in which
case
that party shall have the right to seek judicial review of the injunctive relief in a
court
of competent jurisdiction that shall not be bound by the arbitrator’s application or
conclusions of law.
7.5. If your claim is for US$10,000 or less, we agree that you may choose whether
the
arbitration will be conducted solely on the basis of documents submitted to the
arbitrator,
through a telephonic hearing, or by an in-person hearing as established by the AAA
Rules. If
your claim exceeds US$10,000, the right to a hearing will be determined by the AAA
Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall
issue a
reasoned written decision explaining the essential findings and conclusions on which the
award is based. If the arbitrator issues you an award that is greater than the value of
HBCU
20x20’s last written settlement offer made before an arbitrator was selected (or if HBCU
20x20 did not make a settlement offer before an arbitrator was selected), then HBCU
20x20
will pay you the amount of the award or US$5,000, whichever is greater. Except as
expressly
set forth herein, the payment of all filing, administration and arbitrator fees will be
governed by the AAA Rules.
7.6. YOU AND HBCU 20X20 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN
YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and HBCU 20x20 agree
otherwise,
the arbitrator may not consolidate more than one person’s claims with your claims, and
may
not otherwise preside over any form of a representative or class proceeding. If this
specific provision is found to be unenforceable, then the entirety of this arbitration
provision shall be null and void.
8. Miscellaneous
Governing Law. These Terms of Use shall be governed by and construed in accordance with
the
laws of the state of Georgia, U.S.A. without regard to conflict of laws provisions.
These
terms will not limit any consumer protection rights that you may be entitled to under
the
mandatory laws of your state of residence.
8.2. Unsolicited Materials. HBCU 20x20 does not accept unsolicited materials or
ideas
for HBCU 20x20 content, and is not responsible for the similarity of any of its content
or
programming in any media to materials or ideas transmitted to HBCU 20x20. Should you
send
any unsolicited materials or ideas, you do so with the understanding that no additional
consideration of any sort will be provided to you, and you are waiving any claim against
HBCU 20x20 and its affiliates regarding the use of such materials and ideas, even if
material or an idea is used that is substantially similar to the material or idea you
sent.
8.3. Feedback. HBCU 20x20 is free to use any comments, information, ideas,
concepts,
reviews, or techniques or any other material contained in any communication you may send
to
us (“Feedback”), including responses to questionnaires or through postings to the HBCU
20x20
service, including the HBCU 20x20 website and user interfaces, worldwide and in
perpetuity
without further compensation, acknowledgement or payment to you for any purpose
whatsoever
including, but not limited to, developing, manufacturing and marketing products and
creating, modifying or improving the HBCU 20x20 service. In addition, you agree not to
enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable
law..
8.4. Customer Support. To find more information about our service and its
features, or
if you need assistance with your account, please visit the HBCU 20x20 Help Center on our
website or email info@hbcu20x20.com. In certain instances, Customer Service may best be
able
to assist you by using a remote access support tool through which we have full access to
your computer. If you do not want us to have this access, you should not consent to
support
through the remote access tool, and we will assist you through other means. In the event
of
any conflict between these Terms of Use and information provided by Customer Service or
other portions of our website, these Terms of Use will be controlled.
8.5. Survival. If any provision or provisions of these Terms of Use shall be held
to
be invalid, illegal, or unenforceable, the validity, legality and enforceability of the
remaining provisions shall remain in full force and effect.
8.6. Changes to Terms of Use and Assignment. HBCU 20x20 may, from time to time,
change
these Terms of Use. Such revisions shall be effective immediately; provided however, for
existing members, such revisions shall, unless otherwise stated, be effective 30 days
after
posting. We may assign our agreement with you to any affiliated company or to any entity
that succeeds to all or substantially all of our business or assets related to the
applicable HBCU 20x20 service.
8.7. Communication Preferences. We will send you information relating to your
account
(e.g. payment authorizations, invoices, changes in password or Payment Method,
confirmation
messages, notices) in electronic form only, for example via emails to your email address
provided during registration. You agree that any notices, agreements, disclosures or
other
communications that we send to you electronically will satisfy any legal communication
requirements, including that such communications be in writing.
9. Last Updated
April 1, 2021