The Application Terms of Service

The Application Terms of Service

The Application operates a website, theapplication.org, (the “The Application Website”), a network of Historically Black Colleges and Universities (“HBCUs”), a college application platform, and a job board (collectively referred to as the “The Application Platform”) and other services and programs that allow students to apply for college, obtain career advice, find a job, participate in mock interviews, apply for fellowship, internship, or research opportunities, and post reviews for professors and employers, and allow organizations to post employment opportunities and networking events, and connect with job seekers, (“Service”). These Terms of Service (“Terms”) constitute a written contract between you and The Application (“The Application”, “we”, “our”, or “us”) governing your use of the Service and account.

By using the Service, you agree to be bound by these Terms as well as our Privacy Policy, DMCA Policy, Acceptable Use Policy, Content Guidelines (Section 12), The Application Student, Volunteer, Professor, or University Terms (Section 4, applicable if you are a student, volunteer, professor, or university who creates an account on the The Application Platform), and THE APPLICATION Employer Terms (Section 5 and Section 6, applicable if you are an employer or organization that accesses or uses the The Application recruiting, events, and college application tool), (collectively “The Application Additional Policies”, which are incorporated into these Terms by reference. If you do not so agree with these Terms, including the foregoingz policies, standards, and guidelines, you may not access or use the Service. You are responsible for reviewing the Terms and the The Application Additional Policies in their entirety.

These Terms include an agreement to resolve disputes by arbitration on an individual basis, as further detailed in Section 17 below.

1. Modifications to the Terms.

The Application may revise the Terms at any time. Should any revisions be made, The Application will give notice to you by posting a notice regarding the revisions on the The Application Website and by sending you an email to the email that we have associated with your account, and the new revisions will be effective as of their posting, except for changes that reduce your rights and increase your responsibilities. By accessing or using the The Application Platform or Service after such revisions are posted, you agree and consent to all such revisions. If you do not agree with any amendments to these Terms, you may close your account.

2. Definitions

1. “Content” means any works of authorship, creative works, graphics, images, photos, logos, video, audio, or text, including any such information related to education, resumes, reviews, employment opportunities, events, or interviews.
2. “Intellectual Property Rights” means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights recognized by law.
3. “The Application Content” is the Content provided to you in connection with the Service, including, but not limited to Content we create or license from third parties subject to the license set forth herein.
4. “Mock Interview Program” means the program that is sponsored by The Application whereby students can participate in practice interview sessions in connection with either university or employment interviews.
5. “User Content” means any Content that a user of the Service has uploaded, published, or Submitted to or through the Service or The Application Platform.

3. The Application Platform Access.

1. a. The Application Account.

   Some areas of the The Application Platform or use of the Services may require you to register, provide, and verify an email address, or create an account. You agree to provide information that is true, accurate, current, and complete. You may not create multiple accounts, or create accounts by automated means.

   The Application offers different types of accounts to its users, a Student Account (for users of the The Application Platform who are high school or college students); an Employer Account (for users of the The Application Platform who are employers that share job postings via the The Application Platform or receive job applications from Student); a University Account (for users of the The Application Platform who are from the admission’s office or career center of a college or university);; a Professor Account (for users of the The Application Platform who are professors at two- or four-year institutuions, regardless of whether the institution has signed up for a University Account); a Volunteer Account (for users of the The Application Platform who volunteer . In addition to these Terms, (1) if you an employer, you must adhere to the additional The Application Employer Terms (Section 5) and (2) if you are a student, university, professor, or volunteer, you must adhere to the additional The Application Student, University, Professor & Volunteer Terms (Section 4).

   Each person or organization can only have one type of account. Registering for more than one account may result in account termination.

2. b. Account Name Requirements.

   If you are a student, professor, or volunteer, you must use your legal name in connection with your account name. If you are an employer or university, you must use the employer or university name in connection with your account name. Using a fake or fraudulent name may be grounds for account termination.

3. c. Age Requirements.

   To access to the The Application Platform or use the The Application, you must be at least 16 years of age, if you are student, and at least 18 years of age if you are using the The Application Platform as a volunteer, professor or on behalf of an organization, university, or employer. If you are under 18, you represent that you have you parent or guardian’s permission to use the The Application Platform or Service. Please have them read these Terms with you. If you are a parent or legal guardian of a user or student under the age of 18, by allowing your child to use the Service, you are subject to the Terms and responsible for your child’s activity on the Service.

4. d. Geographic Requirements.

   Access to the Service is limited to residents of the United States. By accessing the The Application Platform or using the Services, you represent and warrant that you are located within the United States.

5. e. Other Eligibility Requirements for Use of the Service.

   You may not use the Service (i) if you have been terminated from the Service by The Application (including, for avoidance of doubt, if any account of yours has been terminated); or (ii) at any time if you are a person barred from receiving the Service under applicable law.

6. f. Keeping Your Account Password Secure.

   You are responsible for safeguarding your account and your account password. If someone else obtains your account password, they will be able to access your account and take actions through your account.

7. g. Account Termination.

   You may cancel your account at any time. If you cancel your account, your data will be deleted in accordance with our Privacy Policy.

   We may also terminate your account for violation of these Terms, including violation of the Content Guidelines, Acceptable Use Policy, and DMCA Policy.

4. The Application Terms for Students, Volunteers, Professors, or Universities

1. a. Student Terms

   Student Accounts are limited to individuals who are currently enrolled in high school, college, or university (regardless of whether it is a two- or four-year university) located in the United States. You will be able to use your account to submit college and job applications, provide reviews regarding college professors and job employments, and comment on The Application platform.

   If you are using your Student Account to apply for universities or employment opportunities, you may be required to submit an application, a resume, personal statement, cover letter, or other application materials (“Application Materials”). You represent and warrant that the information contained in your Application Materials are accurate and truthful. We are not responsible or liable for any such Application Materials that are submitted using the The Application Platform.

2. b. Volunteer Terms

   Volunteer accounts are limited to individuals who wish to engage in volunteer activities in connection with The Application. Volunteers are subject to screening and training. Volunteers can either sign up to be general volunteers of they can sign up to participate and assist with the Mock Interview Program. Volunteers who participate in the Mock Interview Program are subject to additional application requirements, screening, and training.

3. c. Professor Terms

   Professors accounts are limited to individuals who are professors are two- or four- year colleges or universities who wish to use the free resources that The Application provides.

4. d. University Terms

   University Accounts are limited to colleges and universities who seek to offer student users of The Application educational opportunities. A University Account is available for representatives of a university’s admission department or career center.

   If you are a University, by signing up with The Application you agree to the following:

   • For any college application that is submitted through the The Application Platform, the University will review and consider each application consistent with its acceptance procedures, the same as if it were submitted directly to the university.
   • You agree to provide The Application accurate and updated admission information and statistics yearly based on the previous year’s admission cycle.
   • You agree that we can refer to you in connection with the The Application Platform or Services as an The Application Partner.
   • You grant The Application a limited, non-exclusive, royalty-free, non-transferable license to display your name and authorized trademarks and logos in connection with job postings on the The Application Platform.

5. The Application Employer Terms.

Employer Accounts are limited to employers who seek to offer student users of The Application employment opportunities.

If you are an Employer, by signing up with The Application, you agree to the following:

• You agree to provide The Application with job posting, including application link, job description, qualifications, and salary information.
• You agree to provide The Application with demographic and hiring statistics for your company.
• For any job application that is submitted through the The Application Platform, the Employer will review and consider each application consistent with its hiring procedures, the same as if it were submitted directly to you or via a paid recruiting service.
• You agree to remove job postings from the The Application Platform once they have been filled.
• You grant The Application the permission to post hiring statistics, including diversity statistics that regarding you that The Application obtains from you directly or indirectly.
• You agree that we can refer to you in connection with the The Application Platform or Services as an The Application Partner.
• You grant The Application a limited, non-exclusive, royalty-free, non-transferable license to display your name and authorized trademarks and logos in connection with job postings on the The Application Platform.

6. Fees/Payment for Employer Accounts Only.

1. a. Access to Paid Service.

   If you have an Employer Account, we may charge a fee for access to certain Services (“Paid Service”). By registering for a Paid Service, you agree to pay the subscription price specified for such Paid Service at the time you enter into a subscription.

2. b. Billing Cycle.

   The subscription fee for the The Application 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 either be monthly or yearly depending 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. All withholding tax remittances to the government are your sole responsibility and The Application shall have no liability whatsoever therefore.

3. c. Payment Method.

   To use the The Application 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.
   
   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).

4. d. Changes to Fees Charged.

   We expressly reserve the right to change the fees at any time, upon 30-days written notice to you. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect.

5. e. Cancellation

   You can cancel your The Application subscription at any time, and you will continue to have access to the The Application service through the end of your billing period. To cancel, email info@hbcu20x20.org 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 The Application using your account with a third party as a Payment Method and wish to cancel your The Application 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 The Application service through that third party.

6. f. Failure to Pay or Late Payment.

   To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any The Application Service, The Application reserves the right to suspend or terminate your use of that The Application Service as well as any other The Application Service, including but not limited to those The Application Services where you do not have an unpaid invoice or account balance.

   You agree to pay (i) penalties for late payment as per contemporaneous US Federal Reserve interest rates plus 10%, or the maximum interest permitted by law, whichever is lower, and (ii) any reasonable expenses and attorney fees The Application incurs collecting late payments.

7. g. Third Party Payment Processor.

   We do not see, collect, retain or share your payment information. We contract with third party payment processors to process your payment. Please note that your payment through a third-party payment processor is a contractual matter between you and that third party payment processor, and we are not a party to such contract. Please go to our payment processor to update your payment methods.

8. h. No Refunds.

   We do not see, collect, retain or share your payment information. We contract with third party payment processors to process your payment. Please note that your payment through a third-party payment processor is a contractual matter between you and that third party payment processor, and we are not a party to such contract. Please go to our payment processor to update your payment methods.

7. Career Services.

The Application may offer you resume review, offer mock interviews, live consulting sessions, general career guidance, or other consultation services (collectively, “Career Services”). By using Career Services, you request and consent that The Application, or an The Application vendor, provide you with the service you select. The Application offers these Career Services as optional guidelines for its users and all liability with respect to actions taken or not taken based on the contents of such Career Services are hereby expressly disclaimed.

When filling out forms associated with Career Services, you agree to provide complete and accurate information. Any information you upload through the forms, including a resume, constitutes User Content and shall be treated in accordance with any User Content sections herein. Any college application-related, career-related, or hiring-related information, feedback, guides, or other content provided by The Application or an The Application vendor is for informational purposes only, and is in no way to be construed as professional career counseling or staffing services. You understand that it is ultimately your responsibility to determine how to pursue your university search, job search, or candidate search. You understand that by using Career Services or referring to or using any career or hiring information, you are not guaranteed college admission, college scholarships, job interviews, job placement, assurance of being hired, or a higher salary or increased benefit, and you take full responsibility for use of these services or information.

8. Privacy Policy.

Your privacy is important to us. Our Privacy Policy sets forth the conditions under which you provide personal and other information to us. You understand and agree that through your use of the Service you consent to the collection and use of your information in accordance with our Privacy Policy. We encourage you to review our Privacy Policy, which describes our use and disclosure of information we collect on the The Application Platform and the Service.

If you object to your information being used or disclosed as described therein, please do not use the Service.

9. Your Account and User Content.

1. a. Representations About Your Content.

   The Application offers users of the Service the opportunity to display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, “Submit”) User Content. We may do this through forums, blogs, message boards, social media, e-mail, or other functionality. Subject to these Terms (including the licenses you grant us), you retain whatever legally cognizable right, title, and interest that you have in your User Content.

   Each time you Submit any User Content, you represent and warrant that, as to the User Content you Submit: (a) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to Submit the User Content and grant The Application the rights herein, all without any obligation for us to obtain consent of any third party and without creating any other obligation or liability for us; (b) the User Content is accurate and truthful; (c) the User Content does not and, as to our permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User Content will not violate these Terms or any The Application Additional Policies, does not violate any applicable law, rule or regulation, and will not cause injury or harm to any person.

2. b. Your User Content is Not Confidential.

   Please remember that the Service is a public forum and User Content that you Submit will be accessible to, and viewable by, others (including other users). Except as may be required to register and/or maintain your Account, you should not Submit any personally identifiable information (e.g., your first and last name, passwords, phone number, address, personal financial information, medical information, and e-mail address) on the public areas of the The Application Service or Platform.

10. The Application Service.

1. a. The Application Right to Change the Service.

   The Application has the right to change, limit access to, and/or eliminate any aspect(s), feature(s), or functionality of the Service (including your User Content) as it sees fit at any time without notice, and The Application makes no commitment, express or implied, to maintain or continue, or to permit open access to, any aspect of the Service. You acknowledge that your use of the Service is subject to this risk and that you knowingly assume such risk when you choose to participate in the Service, contribute Content and/or spend your money in connection with the Service.

   The Application may, but does not have the obligation to, display, maintain, or otherwise make use of, any of your User Content, and The Application may, in its sole discretion, modify, delete, or otherwise make use of User Content without notice or any liability to you or any third party. The Application reserves the right to treat User Content on the Service as content stored at the direction of users for which The Application will not exercise control except to block or remove content that comes to The Application’s attention and is in violation of these Terms or The Application’s Acceptable Use Policy or Content Guidelines, or to enforce the rights of third parties or the content restrictions set forth in these Terms when notice of their violation comes to our attention. Such User Content Submitted by you or others need not, however, be maintained on the Service by us for any period of time and you will not have the right, once Submitted, to indefinitely access, archive, maintain, or otherwise use such User Content on the Service.

2. b. The Application is Not Liable for Third-Party Content, Conduct, or Services.

   You understand that The Application is a service provider that enables its users to interact online and display and communicate information and Content chosen by those users. The Application does not control or endorse the Content shared by users or users’ interactions or communications with each other via the Service. Additionally, The Application does not control or endorse the Conduct or Services of third-party partners of The Application. This includes any events or webinars that hosted or sponsored by third-parties. If The Application is a host or sponsor of an event, we will inform users that we are the host or sponsor.

   The Application obtains information about universities and employers from the university or employer directly or from other third-party career websites. The Application relies on information provided by the United States Government in connection with offering its salary calculation tools. You acknowledge that you will be exposed to the conduct of other users of the Service (including their Content) and that The Application does not control and is not responsible or liable for the quality, safety, legality, truthfulness, or accuracy of any such user conduct, User Content, or services. You acknowledge that The Application does not guarantee the accuracy of information Submitted by any user of the Service, nor any identity information about any user. Your interactions with other users and your use of User Content are entirely at your own risk.

   The The Application Platform may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). Such Third-Party Websites and Third-Party Applications and are not under the control of The Application. The Application is not responsible for any Third-Party Websites or Third-Party Applications. The Application provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites, and Third-Party Applications at your own risk. When You leave the The Application Platform, our Terms and The Application Additional Policies no longer govern.

3. c. Scheduled and Unscheduled Service Interruptions.

   The Application may on occasion need to interrupt the Service with or without prior notice. You agree that The Application will not be liable for any interruption of the Service (whether intentional or not).

   You agree that in the event of data loss, we will not be liable for any purported damage or harm arising therefrom. The Application will not be liable for any deletion, corruption, or data loss that occurs in connection with the Service.

11. Intellectual Property Rights.

1. a. Ownership by The Application.

   The Application owns Intellectual Property Rights in and to the Service, including but not limited to The Application, The Application Content, and the The Application Platform, and in and to our trademarks, service marks, trade names, logos, domain names, taglines and trade dress (collectively, the “The Application Marks”). You acknowledge and agree that The Application and its licensors own all right, title, and interest in and to the Service, including all Intellectual Property Rights therein, other than with respect to User Content. Copyright, trademark and other laws of the United States and foreign countries protect the Service and the The Application Marks.

   You understand and agree that without a written license agreement with The Application, we do not authorize you to make any use of the The Application Marks. Except as expressly granted in these Terms, all rights, title, and interest in and to the Service and in and to the The Application Marks, are reserved by The Application. The Application may choose to allow organizations with University or Employer Accounts to share the The Application Marks on the organizations’ respective websites to announce partnership with The Application. If you have a University or Employer Account and are interested in using the The Application Marks in connection with announcing your organization’s partnership with The Application, please contact info@hbcu20x20.org.

2. b. License Grant by The Application.

   The Application hereby grants you a non-exclusive, non-transferable, non-sublicenseable, limited, personal, revocable license to access and use the Service as set forth in these Terms. This license is expressly conditioned upon you (and each of your Accounts) remaining active, in good standing, and in compliance with these Terms. The The Application Additional Policies s may apply to certain elements of the Service.

   To be clear, and without limiting the foregoing, you may not use, reproduce, distribute, prepare derivative works of, display, or perform any The Application Content, whether modified by you or not, except as expressly agreed upon in a written agreement with The Application. The foregoing license is referred to as a “The Application Content License.” You acknowledge that when you receive a The Application Content License you do not acquire ownership of any copies of the Content, or transfer of any copyright or other intellectual property rights in the Content.

3. c. License Grant of User Content to The Application.

   Except as otherwise described in any The Application Additional Policies which govern the submission of your User Content, you hereby grant to The Application, the non-exclusive, unrestricted, unconditional, unlimited, transferrable, sub-licensable, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, modify, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and sell, re-sell or sublicense (through multiple levels) and otherwise exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats You agree that the license includes the right to copy, analyze and use any of your Content as The Application may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the Service and future improvements to the Service.

4. d. Intellectual Property Rights of The Application and Other Third Parties.

   You acknowledge and agree that except as expressly provided in these Terms, the Intellectual Property Rights of The Application and other users of the Service in their respective Content are not licensed to you by your mere use of the Service.

   You agree that you will not copy, transfer, or distribute outside the Service any Content that contains any The Application Content, in whole or in part or in modified or unmodified form, except as allowed by these Terms or The Application Additional Policies, or that infringes or violates any Intellectual Property Rights of The Application, other users of the Service, or any third parties.

   You are solely responsible and liable for your use, reproduction, distribution, modification, display, or performance of any Content in violation of any Intellectual Property Rights. You agree that The Application will have no liability for, and you agree to defend, indemnify, and hold The Application harmless for, any claims, losses or damages arising out of or in connection with your use, reproduction, distribution, modification, display, or performance of any Content.

12. User Conduct.

You agree to obey the Content Guidelines (Section 12), the Acceptable Use Policy, and other rules prohibiting illegal and other practices that The Application deems harmful.
You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user.
Any violation by you of the terms of this Section may result in immediate termination of your Accounts without any refund or other compensation.
You agree to respect both the integrity of the The Application Service and the privacy of other users. You will not (i) Post, share, or transmit viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines that may harm the Service or interests or rights of other users, or that may harvest, scrape or collect any data or information about other users without their consent; (ii) Post or transmit unsolicited or unauthorized advertising, or promotional materials, that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that The Application considers to be of such nature; (iii) Engage in malicious or disruptive conduct that impedes or interferes with other users’ normal use of or enjoyment of the Service; (iv) Attempt to gain unauthorized access to any other user’s Account, password or Content; (v) Engage in conduct that invades other users’ privacy, or (v) Stalks, harass, or engage in any sexual, suggestive, lewd, lascivious, or otherwise inappropriate conduct directed at another user, person or entity

13. User Content Guidelines.

All User Content is subject to these Content Guidelines. Violation of this Section, including the Submitting of Prohibited User Content may result in The Application taking down or removing your User Content and you receiving a warning. Repeat instances of posting Prohibited Content is grounds for The Application to suspend or terminate your Account.

a. Prohibited User Content.

• Content involving illegality, such as piracy, criminal activity, terrorism, obscenity, child pornography, gambling, and illegal drug use.

• Content that impersonates any other person or entity, or otherwise misrepresents your affiliation.

• If you are an adult, Content that impersonates a minor.
• Content that is harmful, threatening or harassing, defamatory, libelous, false, inaccurate, misleading, or invades another person’s privacy
• Content that includes advertising for products and services unrelated to The Application, the The Application Platform, or the The Application Services.
• Infringing or unauthorized content, such as User Content that you did not create or do not have permission to use or User Content that violates the copyright, trademark, trade secret, right of publicity, or privacy or any other proprietary right under the laws of any jurisdiction.
• Cruel or hateful content that could harm, harass, promote, or condone violence against, or that is primarily intended to incite hatred of, animals, or individuals or groups based on race or ethnic origin, religion, nationality, disability, gender, age, veteran status, or sexual orientation/gender identity.
• Intensely violent or graphic content that could be construed as primarily intended to be shocking, sensational, or disrespectful.
• Sexually explicit content.
• Content that promotes or could be construed as primarily intended to evade limitations on Prohibited User Content.
• Content that discloses the phone number, email address, home address, or work address of any other individual.
• Photos of individuals, where you do not have the consent of each individual who appear in the photo.
• If you are submitting a college or job applications, Content that misrepresents your qualifications for acceptance or hiring.
• In connection with a job posting, Content that misrepresents that required qualifications, job description, or salary.
• In connection with a job posting, Content that includes selection criteria unrelated to that position, includes disability-related inquiries or limitations, includes medical-related inquiries that are prohibited by law, or includes screening criteria designed to screen out members of any protected class under the law.
• In connection with acceptance or hiring statistics provided by an Employer or University Account, Content that is misleading.
• Content that violates the Acceptable Use Policy.

b. Prohibited User Content.

The Application is committed to ensuring the most authentic, transparent, and valuable information is available to users of The Application. In making decisions regarding User Content, we follow the following principles:

• Unless the User Content is Prohibited User Content, we never edit or alter the text of reviews or comments Submitted on our site, no matter how minor.
• We require the user to have created an account before they are able to Submit Content.

c. Reporting Violations.

If you encounter User Content that violates these Guidelines, you can report abuse to the following email: info@hbcu20x20.org. You must include the following information in your report: your name, description of conduct, and supporting docs (i.e., screenshot of violation), name/account name of user who posted violative conduct.
Any time User Content is reported or flagged, we will review the User Content and we remove such content if we find that it is violation of the Terms

14. Infringement Notifications/DMCA Policy.

We respect the intellectual property rights of others and ask our users to do the same. If you believe that your intellectual property rights have been infringed through User Content, please submit a complaint through the procedures described in the DMCA Policy.

15. Warranty Disclaimer.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE APPLICATION, THE THE APPLICATION PLATFORM, SERVICES, AND The Application CONTENT OR USER CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE APPLICATION MAKES NO WARRANTY THAT THE THE APPLICATION PLATFORM, SERVICES, OR THE APPLICATION CONTENT OR USER CONTENT A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. THE APPLICATION DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE THE APPLICATION PLATFORM, SERVICES, AND THE APPLICATION CONTENT OR USER CONTENT CONTAINED THEREIN. THE APPLICATION DOES NOT REPRESENT OR WARRANT THAT THE THE APPLICATION CONTENT OR USER CONTENT ON THE THE APPLICATION PLATFORM SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE THE APPLICATION PLATFORM OR SERVICE. WHILE THE APPLICATION ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE THE APPLICATION PLATFORM, SERVICE, AND The Application CONTENT OR USER CONTENT SAFE, THE APPLICATION CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE THE APPLICATION PLATFORM, SERVICES, AND The Application CONTENT OR USER CONTENT MADE AVAILABLE THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. YOU ACKNOWLEDGE THAT USE OF THE INTERNET IS INHERENTLY UNRELIABLE AND THE APPLICATION DOES NOT WARRANT THAT THE THE APPLICATION PLATFORM OR SERVICES OR END USER’S ACCESS THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE THE APPLICATION PLATFORM OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU, FOR YOUR USE OF THE THE APPLICATION PLATFORM OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) END USER ACTIONS OR OMISSIONS; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS TO THE THE APPLICATION PLATFORM, SERVICE OR The Application CONTENT OR USER CONTENT; (D) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE THE APPLICATION PLATFORM OR 20X20 SERVICE.

WE WILL NOT BE RESPONSIBLE FOR ANY ACCEPTANCE OR HIRING DECISIONS FOR ANY APPLICATION THAT YOU SUBMIT THROUGH THE THE APPLICATION PLATFORM. APPLYING FOR UNIVERSITY OR EMPLOYMENT DOES NOT GUARANTEE ACCEPTANCE, INTERVIEWS, OR HIRING. THE APPLICATION DOES NOT WARRANT THAT A STUDENT IS QUALIFIED, MEETS THE APPLICATION CRITERIA, OR THAT THE INFORMATION PROVIDED IN THE STUDENT’S APPLICATION IS ACCURATE. THE APPLICATION HAS NO OBLIGATION TO SCREEN ANY JOB POSTINGS AND DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THE JOB POSTING IS ACCURATE AND COMPLETE, INCLUDING THE IDENTITY OF SUCH EMPLOYER. THE APPLICATION DOES NOT WARRANT JOB POSTING COMPLIANCE WITH ANY LAWS GOVERNING MEMBERS OF PROTECTED CLASSES. THE APPLICATION IS NOT RESPONSIBLE FOR THE CONTENT OF THE JOB POSTING, SCREENER QUESTIONS, OR SKILLS ASSESSMENT. THE APPLICATION DOES NOT GUARANTEE THE SUCCESS OF ITS USERS IN APPLYING FOR UNIVERSITY OR FOR EMPLOYMENT.

16. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE APPLICATION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THE TERMS, THE THE APPLICATION PLATFORM, SERVICES, The Application CONTENT OR USER CONTENT, OR THIRD-PARTY WEBSITES, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF THE APPLICATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE THE APPLICATION PLATFORM, SERVICES, The Application CONTENT OR USER CONTENT, OR THIRD-PARTY WEBSITES, ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE APPLICATION ARISING OUT OF OR IN ANY WAY RELATED TO THE TERMS, THE ACCESS TO AND USE OF THE THE APPLICATION PLATFORM, SERVICES, AND The Application CONTENT OR USER CONTENT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

17. Indemnification.

You agree to defend, indemnify and hold harmless The Application and its respective vendors, affiliates and their officers, directors, representatives, employees, consultants, and agents (“The Application Parties”) from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the The Application Platform, Services, or The Application Content or User Content therein, (b) your violation of the Terms, and (c) your violation of the rights of a third party, including privacy rights and rights of publicity. You agree to promptly notify The Application of any third party Claims and cooperate with the The Application Parties in defending such Claims. You further agree that the The Application Parties shall have the right to participate in the defense of any such claim, subject to your indemnification obligation.

18. Governing Law & Disputes.

The Terms, your access to and use of the The Application Platform shall be governed by and construed and enforced in accordance with the laws of the District of Columbia, without regard to conflict of law rules or principles of the District of Columbia, or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts located in the District Columbia..
Please read this “Arbitration and Class Action/Jury Trial Waiver” section carefully. It is an integral part of the Terms and affects your rights with respect to dispute resolution and the remedies you may have. It also contains a class action waiver.

For any dispute you may have with us, you agree to first contact us at [SUPPORT EMAIL] and to work with us in good faith to resolve the dispute informally. In the event we are not able to resolve your dispute within sixty (60) calendar days after you brought it to our attention, you and we mutually agree to resolve any claim, dispute, or controversy (excluding claims that qualify for small claims court and claims for equitable relief, as provided below) arising out of or in connection with the Terms or your access or use of the The Application Platform (collectively, “Arbitration Claims”) by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. Information about JAMS, including contact information, can be found at www.jamsadr.com.
The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any Arbitration Claims relating to the interpretation, applicability, enforceability or formation of the Arbitration Section in the Terms, including but not limited to any claim that all or any part of this Arbitration Section is void or voidable. The judgment of the arbitrator and the award of the arbitrator is final and binding on you and us.
The arbitration will be conducted in the District of Columbia, Georgia unless you and we agree otherwise. JAMS may require you to pay a fee for the initiation of your case, unless you apply for and obtain a fee waiver from JAMS. The award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses.
All Arbitration Claims must be brought in your individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Arbitration Claims. You agree that, by agreeing to the Terms, you and we are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
Nothing in this Arbitration Section will be deemed as preventing you or we from adjudicating an Arbitration Claim in small claims court if that claim qualifies so long as the Arbitration Claim remains in such court and advanced only on an individual basis, not a class or representative basis.

19. Contact Us.

If you have any questions about the Terms, please contact us at: Info@hbcu20x20.org

20. Last Updated

March 23, 2023