Recruiter Terms of Use

Last updated : December 2019 

 

Below is the RecruiterTerms of Use that will take effect on December 20, 2019. By using our services on or after that date, you’ll be agreeing to these revisions.

If f you have any questions or concerns about our handling of your personal information, you may contact our privacy officer at privacy@popschools.com.

Recruiter Terms of Use

The following Terms of Use apply to any Popschools Recruiter Customer using PopSchool Services that provides Recruitment services for their own Recruitment Clients seeking to hire Tech Talent “Popriser’ as employees, apprentices or independent contractors for its own business through PopSchoolsonline job placement service, or short term three month apprenticeships through PopSchools Tech Apprenticeship Program, with a goal to provide employers with affordable Popriser assistance, while our talent pool of poprisers acquire practical knowledge that is absent from mainstream tech education and online learning from the practical experiential opportunities offered by their business.

If you seek to find employees, independent contractors or apprentices for the benefit of your own business, you need to review the Terms of Use specifically for our Popschools Recruiter Customers accessible at www.popschools.com/terms/employer.

PopSchools, Inc. (“PopSchools”) provides online services through which recruitment companies and employers seeking in-demand Popriser as employees, independent contractors and apprentices can efficiently and effectively review and interview candidates for job placements or apprenticeships. In addition, employers and recruitment customers are welcome to join PopSchools featured community which fosters, accountability and mentorship and advocacy support to Poprisers and their peers so that they can achieve their career goals.

Popschools provides these services and its suite of features and products through its Apps and Website (collectively, “Popschools Services”) subject to these Terms of Use (“Terms of Use”) and the agreements incorporated herein.

Your privacy is very important to us. We designed our accompanying Privacy and Security Policy to provide important disclosures about how your information will be used by Popschools in providing you Popschools Services.  These Terms of Use expressly incorporate our Privacy and Security Policy.

Please read these Terms of Use and our Privacy and Security Policy carefully before using any of the diverse Popschools Services.  By visiting the Website, installing any of the Apps, and/or using any of the Popschools Services, you shall have affirmed your agreement to these Terms of Use.

  1. Definitions

  2. Modifications – Will Popschools ever modify these Terms of Use?

  3. Popschools Services – What are the Popschools Services?

  4. Pricing, Payments, and Billing – How and when will I be billed for Popschools Services?

  5. Customer Conduct
  6. Objectionable Content – What if I find content to be objectionable?
  7. Intellectual Property
  8. DMCA Policy
  9. Reserved for Future Use
  10. Resale of Services
  11. Indemnification
  12. Disclaimer of Warranties
  13. Third Party Links and Products
  14. Limitations of Liability
  15. Exclusions and Limitations
  16. General Terms

1. Definitions

“Account” means “PopSchools Account.”

“Apps” means any applications developed by PopSchools.

“App Services” means any content and services provided by PopSchools through its Apps.

“Career Profile” means  a profile which showcases Poprisers skills and the means by which a Popriser can launch a Debt-Free ISA campaign. 

“Consumer” means any individual or entity that uses any of the PopSchools Services. Where applicable, the term “Consumer” shall encompass all PopSchools Customers.

“Content” means all material, whether publicly posted or privately transmitted, available on or through any of the PopSchools Services. 

“Customer” means, for purposes of this Terms of Use, You, a Tech Talent/Popriser Customer. 

“Customer Content” means any Content uploaded to and/or created through the PopSchools Services by a PopSchools Customer.

“Employer Customer” means an individual or entity using PopSchools Services that is seeking to hire Tech Talent “Popriser’ as employees, apprentices or independent contractors for its own business through our job placement service, or through PopSchools Tech Apprenticeship Program which offers short term three month attachments. with a goal to provide employers with affordable Popriser assistance, while our poprisers acquire practical knowledge that is absent from mainstream tech education and online learning from the practical experiential opportunities offered by their business. Employer customers are entitled to also offer optional mentorship or advocacy. 

“GDPR” means the European Union’s General Data Protection Regulation.

“Tech Talent/Popriser Customer” means an individual using PopSchools Services who is seeking Tech Career related opportunities  such as access to Debt-free Income Sponsor Agreements (ISAs) to cover career related expenses such as tuition, industry events, living obligations or travel expenses, and other career development opportunities such as apprenticeships, job placements and  mentorship. 

“Profile Video” means a promotional video created by a Tech Talent/Popriser Customer to promote themselves as a candidate employee and/or independent contractor.  It is not an interview. The Tech Talent/Popriser Customer completes this independently and on their own.

“Software” means any necessary software used in connection with the PopSchools Services.

“PopSchools Account” means an account associated with a PopSchools Customer who uses or has used PopSchools Services.  

“PopSchools Content” means any Content excluding Customer Content and Video Content in which PopSchools does not participate.

“PopSchools Customer” means any person or entity who uses or has used PopSchools Services including, but not limited to, Employer Customers, Tech Talent/Popriser Customers,  Recruiter Customers and Sponsors. 

“PopSchools Services” means the suite of features, products and services offered through PopSchools, its Apps, its App Services, the Website, the Website Services.

“PopSchools Trademarks” means any trademarks, trade names, logos, and other commercial designs of PopSchools or licensed to PopSchools, whether or not formal registration exists including, but not limited to, “PopSchools.”

“Recruiter Clients” means third-party employer clients of Recruiter Customers.

“Recruiter Customer” means a Recruitment company using PopSchool Services that provides Recruitment services to their own Recruitment Clients seeking employees, or independent contractors through PopSchools online job placement or short term three month apprenticeships through PopSchools Tech Apprenticeship Program, with a goal to provide employers with affordable Popriser assistance, while our talent pool of poprisers acquire practical knowledge that is absent from mainstream tech education and online learning from the practical experiential opportunities offered by their business.

“Strategic Partners” means those trusted partners that PopSchools employs, engages, or retains to perform functions and/or provide services on its behalf.

“Sub Accounts” means subsidiary accounts created for or by an Employer Customer or Recruiter Customer (“such as a consultant group or employer”) under its primary account.

“Sponsor Customer” means an individual/s, foundations, corporations and government agencies using PopSchool Services seeking to make charitable tax-deductible donations directly to support Tech Talent “Poprisers” cover career related expenses such as tuition, industry events, or living obligations and travel using special donation based instruments called Debt-free Income Sponsor Agreements (ISAs).

“Username” means the valid email address provided by each PopSchools Customer to be used as their username or login identification.

“Video Content” means any video content created by or associated with any PopSchools Customer accessible on and through PopSchools Services including, but not limited to, Profile Videos, Video Questions, Video Interviews, and Welcome Videos. 

“Video Interview” means an interview completed through PopSchools Services using a video or “web” camera that an Employer Customer or Recruiter Customer requests a Tech Talent/Popriser Customer complete.  A Video Interview may involve a Tech Talent/Popriser Customer alone or with other participants from an Employer Customer or Recruiter Customer. A Video Interview may be pre-recorded by a Popriser in response to questions or occur live at which time it would be recorded.

“Video Question” means a question recorded in video and audio that can be sent to potential employee and independent contractor candidates by an Employer Customer or Recruiter Customer.

“Website” means all of the content, information and services (in any format whatsoever) accessible through the World Wide Web at the domain name popschools.com.

“Website Services” means the services provided by PopSchools through the website at the domain name popschools.com,, and any of our other websites that may be used from time to time.

2. Modifications to Terms of Use.

2.1 Because the Internet remains a dynamic communications forum and the law on Internet and online commerce remains just as dynamic, You understand that Popschools may alter, amend, change, waive, terminate or modify any term contained within its Terms of Use at any time.

2.2 Should Popschools alter, amend, change, waive, terminate or modify any term contained within these Terms of Use, it shall provide notice by:

(A) Posting the new Terms of Use to the Website, particularly popschools.com/terms;

(B) Sending you electronic mail to the email address you provided when creating your account (where available and applicable) or other means pursuant to these Terms of Use; and/or

(C) As otherwise required by law.

2.3 If we inform you that the Terms of Use have been modified, you may elect to terminate the use of any of the Popschools Services subject to these Terms of Use (particularly, there are no refunds). 

2.4 If you continue to use any of the Popschools Services after receiving notice that these Terms of Use have been modified, any continued use shall constitute acceptance of the modified Terms of Use and be subject to them.

2.5 We may ask that you acknowledge your agreement to any modified Terms of Use.  However, even if we do not do so, your continued use of Popschools Services will be subject to the modified terms.

2.6 You agree to review these Terms of Use and the incorporated documents periodically to be updated of any such changes.

2.7 The act of placing a web page (URL) into a temporary file on your browser so that you may return to that page at a future date directly without passing through certain preceding pages (“bookmarking”) may under certain circumstances cause you to bypass links to these Terms of Use. Should you use such bookmarks and skip links to modified Terms of Use, your continued use still constitutes acceptance of these Terms of Use.

3. Recruiters Account Obligation

We require that you register and/or set up an account to use  our PopSchools Services. You can create an account on PopSchools as a Recruiter seeking to hire Tech Talent “Popriser’ as employees, or independent contractors for its clients business through our job placement service, or offer short term three month attachments through PopSchools Tech Apprenticeship Program and optional mentorship or advocacy. You agree not to misrepresent any information about your firm in creating or using an account.

In order to create an account,  you are required to choose a password, user ID, and/or other registration information, including, but not limited to, personal information (collectively, “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on our Site, if available. In order to change information about your program registration, including program registered for, date of participation in the program, or responses to the additional questions completed upon registration, you must submit a “Contact Us” form online and Popschools will contact you to address the issue. You agree that you shall provide true, current and complete information about yourself on our online or offline registration forms, including but not limited to your name, contact information and payment information (such as the expiration date of any credit or debit card). 

We also may require further information in order to verify your identity and information, such as confirming your email address, occupation, company information. We reserve the right to verify your information with third parties. If you fail to provide required information, or if Popschools has reasonable grounds to suspect or believes that the Registration Information you provide is not correct, current, or complete, Popschools reserves the right to limit, suspend, restrict or refuse you access to its Services. However, Popschools has no obligation to verify the accuracy, currency, completeness or usefulness of any Registration Information that you have provided to our Services.

3.1 Eligibility

If you are accessing our Services on behalf of a body corporate (which includes a company or other organization with legal personality wherever or however incorporated), a partnership, a trust, a joint venture or an incorporated association, Foundation or organization (the “Company”), by accessing our Services, that Company accepts these terms and you warrant that you are authorized to accept these terms on behalf of such Company.

As an individual, you must be at least sixteen (16) years old to use the registered Services. If you are under the age of sixteen (16), your parents or guardians must provide consent for you to use the specific Services. Your use of the registered Services is a representation to Popschools that you are at least sixteen (16) years of age or have parental or guardian consent. You agree to cooperate with Popschools reasonable measures to verify your identity and authority, including confirming the consent your from parents or guardians, in connection with your use of the Services.

You represent that you have legal power and capacity to form a binding contract and are not barred from receiving the Services under the laws of the State of California or other applicable jurisdiction. Eligibility for specific Services is subject to further requirements on various web site pages for the Services.

3.2 Equipment Obligations

You are responsible for obtaining at your expense all equipment and third-party services (e.g., Internet access and email service) necessary for you to access and use the Services, and for all related charges resulting from the use of the Services. You will immediately notify us of any unauthorized use or other breach of security of the Services.

3.3 Client ID, Username & Password  and Career Profile 

A unique Client ID will be assigned to you if you accept this agreement.

For the purpose of conducting all businesses through Popschools, you agree that the Client ID assigned to you will be used to identify you in any agreement entered into by you through Popschools platform.

All agreements herein entered will be entered into by electronic means and this will have the same effect as if the Agreement was signed in a hard single copy.

On registering with us, you must provide a username and email address, enter a password and provide answers to security questions where applicable. You must also provide authentication passwords for conducting specific transactions on the Site. These must be used in order to access certain restricted parts of the website. Each time you access your Popschools account you will need to enter your Client ID or email address and password. Your Client ID and password are unique to your Popschools account and are not transferable.

Your client ID, username, passwords and answers to security questions are the methods used by us to identify you and so you must keep them secure at all times. You are responsible for all information and activity on the website by anyone using your client ID, username and password. If you authorise an employee, sub-contractor or agent to use your Popschools account you will be responsible for their activity on the Site. Any breach of security, loss, theft or unauthorised use of a client ID, username, password or security information must be notified to us immediately using the contact details of these terms and conditions.

You PopSchools  profile is your first impression for Tech Talent “Poprisers” around the world. You are responsible for all content you upload to PopSchools.

PopSchools allows you to view profiles and send messages to other Poprisers, employers, recruiters and sponsors through the Service.. You agree not to stalk, defame, bully, harass, abuse, threaten, intimidate, or impersonate other people or entities. You also agree not to use the Service for any illegal or unauthorized purpose, including spam, copyright infringement, identity theft, or fraud.

You agree you will not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Service or any other PopSchool  terms.

3.31 Making Your Profile “Public” or “Private”
Poprisers are given the choice to set their profile as “private” or “public” when they first activate or create their Popriser account. When a student sets their profile to “public”, they can also control the general audiences that can access and view their profile. If a profile is set to “private,” employers, recruiters, sponsors and other Poprisers will not be able to see any information about you. 

You can change your privacy settings at any time while your account is active by opening User Settings from the Account Dashboard. This includes changing your profile from public to private.

You agree not to adapt or circumvent the systems in place in connection with the website, nor access the website other than through normal use of it.

We reserve the right not to act on your instructions where we suspect that the person logged into your Popschools account is not you or we suspect illegal or fraudulent activity or unauthorised use. For more review the conduct section in section 6. 

4. Popschools Services.

4.1 Popschools provides Internet based services through which employers and recruitment companies seeking to hire Tech Talent “Popriser’ as employees, apprentices or independent contractors, can efficiently and effectively review and interview candidates for its own business through our job placement service, or offer short term three month attachments through PopSchools Tech Apprenticeship Program and optional mentorship or advocacy.

4.2 Popschools provides Popschools Services through its Apps and Website, and all other suite of features, products and services offered through Popschools from time to time.

4.3 Popschools will not sell any customer or consumer content or information to any third party.

4.4 Video Content and Services.

Popschools provides its Popschools Customers a variety of video options and tools to use in association with the Popschools Services.  If you choose to use your webcam and microphone through Popschools Services for audio and video communications, you authorize Popschools to allow others to see and hear you through the audio and video obtained through these devices.  You also authorize Popschools to record and store such information on its servers in your Account.

Popschools will not use your recorded content for any purpose unrelated to your Account. Of course, any individuals to whom you display such content will be able to hear and see such content.

Apart from those to whom you authorize access. Popschools will not share or provide access to your content to any third party absent a subpoena or court order.  And, should Popschools ever be subpoenaed for content associated with your Account, Popschools shall provide you notice and an opportunity to file a motion objecting to any disclosure.

Given you will be using Popschools Services for employment related purposes, you agree not to use any content or information obtained in violation of any applicable laws.  Popschools cannot advise you or provide you guidance on these laws.

Poprisers are expressly prohibited from creating their own recordings of Video Interviews.  Popschools employs reasonable measures to prevent any unauthorized recording of Video Interviews.

Popschools may add additional types of video content from time to time.

4.5 No Guarantee of Employment.

Popschools is not an employment agency.  Popschools does not make any representations as to the qualifications of any individual, entity or employer.

Additionally, where an individual, entity, group or employer successfully secures employment, Popschools makes no guarantees or representations as to the satisfaction of such employment.

Additionally, Popschools does not guarantee that any individual or entity will find employment or an employee through Popschools Services.

4.6 Deletion of Content.

Except as provided elsewhere in these Terms of Use, all Customer Content and Video Content will no longer be accessible to you upon deletion or termination of your Account.

Where a Popriser requests that any video interviews and/or related information be deleted pursuant to these Terms, our Privacy and Security Policy, and/or pursuant to governing law (eg the GDPR), Popschools, as the data processor, will send you, as the data controller, the request to approve or deny. If you approve the request, we shall comply with the request. If you deny the request, we shall inform the job candidate and provide information on how to proceed further (namely, we will explain that the dispute remains with you and not Popschools).

4.7 Sub-Accounts. Depending on the plan purchased, you may be able to create sub accounts (“Sub Accounts”) for use by individuals you authorize.  If you create Sub-Accounts, you agree to create a separate Sub-Account for each authorized individual. You also agree to only allow authorized individuals to obtain a Sub-Account and ensure they understand and agree to these Terms of Use.

4.8 Changes to Service. Popschools reserves the right at any time to modify or discontinue, temporarily or permanently, any aspect of the Popschools Services, in whole or in part. Any modifications to any of the Popschools Services, including the release of new features, tools or resources, shall be subject to these Terms of Use and incorporated policies.  Sometimes, updates to Popschools’s Software and/or code may require your computer to install additional third party software. Popschools will provide you with notice of any major changes or modifications in the same manner as described in Section 2. Absence of any notice beyond changes in the Popschools Services shall not affect the enforceability of these Terms of Use.

4.9 Recruitment  Clients. As a Recruitment Customer, you shall ensure your Recruitment Clients for which you use PopSchools services agree to these Terms of Use, the PopSchools Privacy and Security Policy, and other applicable PopSchools policies.  Alternatively, you will ensure your Recruitment Clients agree to similar terms protecting the privacy and rights of PopSchools Customers with whom you interact and from whom you obtain information as well as those terms in Sections 7 and 11-15.

5. Pricing, Payments, and Billing

5.1 Pricing. Popschools reserves the right to change the prices for any of the Popschools Services including, but not limited to, any prices associated with subscription service plans at any time.  

The following subscriptions services are available for Employer Customers

  • US$99/month per job listing*
  • US$149/3 months per apprenticeship listing**

In addition there are third-party costs such as credit card processing fees of  2.9% + 30 cents incurred by PopSchools and deducted on a transaction basis.

 The Job placement subscription service includes the following features 

  • Access to the Job Placement Platform* 
  • Access to free audio and video conferencing
  • Screen Sharing during video calls
  • Live Chat with E23 encryption
  • Users can add real-time chat widgets from their team chat
  • Real-TimeTranslation our interface has more than 50 languages

 The Apprenticeship subscription service:

Your membership provides access to our apprentice database & platform and doesn’t guarantee that you will find an apprentice to work with or that you will successfully complete a 3-month apprenticeship within each billing cycle. 

Each Apprenticeship has a 3 month contract and starts on the date when the contract has been signed by both parties. This does not always line up with your billing cycle. If your Apprenticeship ends at any time during the same billing cycle, your account will be adjusted to work with a new apprentice. 

When you cancel your account, you will have full access to the platform until the end of your current billing cycle unless you have received a refund for said billing cycle. With continual access, you will still be able to use all of the platform features, including messaging apprentices and starting a new Apprenticeship. If you’ve cancelled your plan and since found an apprentice through our Services, once your billing cycle ends you will continue to have access to the platform for the purpose of communicating with your current Apprenticeship apprentice only.

 The Apprenticeship subscription service includes the following features 

  • Access to the Apprenticeship Platform**
  • Access to free audio and video conferencing
  • Screen Sharing during video calls
  • Live Chat with E23 encryption
  • Users can add real-time chat widgets from their team chat
  • Real-TimeTranslation our interface has more than 50 languages

Should Popschools change any pricing, Popschools shall provide its existing Popschools Customers with at least thirty (30) days notice consistent with Section 18.17.

5.2 Method of Payments. To purchase Popschools Services, you must provide Popschools with a valid credit card or checking account debit information.  Popschools presently accepts payments from Popschools Customers using a secure connection. Popschools reserves the right to choose the forms of payment accepted for Popschools Services, to refuse select forms of payment, to refuse service to anyone, and to add or remove particular third parties from whom it will accept payments.

5.3 Advance Billing.

Popschools bills in advance for Popschools Services on a recurring basis.  
Popschools may, in its sole discretion, provide you with monthly, quarterly, semi-annual, and/or annual subscription service plans from which to choose, depending on your payment method, account history, and/or account preferences.

Should Popschools provide you with a subscription service plan that encompasses more than one month (quarterly, semi-annual, or annual), Popschools may, in its sole discretion, provide you the option to pay for the entire subscription service plan in one or multiple advance payments, depending on your payment method, account history, and/or account preferences.

By choosing your subscription service plan, method of payment, and applicable billing cycle, you authorize Popschools to use the form of payment specified in your account preferences or settings to bill you automatically in advance for the chosen Popschools Services on a recurring basis for each applicable billing cycle until your account has been cancelled and the applicable subscription plan has concluded.

Should you decide to cancel your account, your account will be effectively cancelled after the conclusion of your then-existing service plan.

5.4 Renewals. For the convenience of its Popschools Customers, Popschools automatically renews subscription plans.

5.5 No Refunds. Popschools does not refund purchased services. Consequently, there will be no refunds for periods where Popschools Services were unused should your account be cancelled including, but not limited to, period of dormancy or time remaining on subscription plans.  Moreover, should you enter into a quarterly, semi-annual, or annual subscription plan wherein you make monthly payments, you agree to make monthly payments for the entire term of your subscription plan whether you use or cancel the Popschools Services prior to the expiration of your subscription.  Consequently, Popschools cannot cancel or refund monthly payments associated with subscription plans.

5.6 Timing of Payments. Payments must be authorized and/or made at the time of purchase.  Where you enter into a subscription plan with monthly or periodic payments, the payments will be made automatically in advance of each month or period.

5.7 Taxes and Other Excluded Fees. Payments for Popschools Services do not include taxes, levies, withholdings, or duties imposed by taxing authorities or other applicable third parties. You are responsible for the payment of all such taxes, levies, withholdings or duties.

5.8 Insufficient Funds and Chargebacks. Popschools processes all payments to it through a third party.  Should your payments be cancelled or reversed because of insufficient funds or chargebacks, you will be responsible for any charges and/or penalties implemented by these third parties to you and/or Popschools.

6.  Conduct

6.1 Lawful Purposes.

Popschools Services shall be used for lawful purposes only.

You hereby affirm that your organization is an equal opportunity employer, offering employment without regard to race, color, religion, sex, national origin, age, sexual orientation, disability, citizenship, or any other protected class of individuals unless legally required.

You shall be responsible for complying with all applicable regulations, statutes, laws and guidelines relating to hiring, interviewing, and recruiting employees as well as any matters related thereto.

6.2 Accurate Information.

You agree to provide Popschools with true, accurate and current information as requested when registering for Popschools Services and/or purchasing products from Popschools.

6.3 At time of registration, you must provide certain information that identifies you to other Popschools Customers.  In doing so, you may not violate a third party’s intellectual property rights or use names that happen to be offensive or inappropriate.

6.4 You shall be solely and entirely responsible for any and all use of the Popschools Services through your Account.  Consequently, we recommend and require that:

(A) You not permit any other person to use your Popschools Account, except for those authorized individuals provided with their own Sub Accounts;

(B) You do not assign or transfer your Account or its login information to any other person or entity; and,

(C) You promptly inform Popschools of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a Popschools Account or its login information.

6.5 Non-Solicitation for Popriser Apprentices 

You agree that not solicit for hire by mail, phone, electronic communication, personal meeting, or any other means, either directly or indirectly, any apprentice met by you on our platform or through the use of our Services, or whose name became known to you during your use of our Services without first having completed a subscribed Apprenticeship term.  Your agreement not to solicit means that you will not, during your use of our Services in any capacity, and for a period of one year thereafter, initiate any contact or communication, of any kind whatsoever, for the purpose of inviting, encouraging or requesting any apprentice met using our Services to accept any form of employment contract, contract for hire or off platform work agreement before first completing an Apprenticeship program. Upon completion of an Apprenticeship program through the use of our Services, you will be eligible to hire your recruited apprentice free of limitation. Notwithstanding the foregoing Business is responsible for paying any required wages in connection with the Apprenticeship and / or otherwise complying with any applicable employment laws in your jurisdiction.

6.6 You agree that you shall not use Popschools Services for any of the following:

6.6.1 Intentionally or unintentionally violating any applicable local, state, national, or international law, or any rules or regulations thereunder;

6.6.2 Intentionally violating any intellectual property rights of a third party;

6.6.3 Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information;

6.6.4 Disseminating materials that are lewd, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by Popschools in its sole discretion;

6.6.5 Posting or transmitting, or causing to be posted or transmitted, via the Popschools Services any nudity;

6.6.6 Posting or transmitting, or causing to be posted or transmitted, via the Popschools Services any spam;

Popschools maintains a strict policy forbidding any spam or misuse of email services within its Popschools Services.

6.6.7 Posting or transmitting, or causing to be posted or transmitted, via Popschools Services any materials advertising any business other than Popschools;

Additional and/or different rules may apply in the event Popschools dedicates a special forum in the future to the promotion and/or offering of services by Popschools Customers.

6.6.7 Seeking to obtain private financial information from any Consumer;

6.6.8 To impersonate any other person;

6.6.9 To provide any false information;

6.6.10 Registering or attempting to register an account with Popschools without its express authorization after having been terminated or suspended by Popschools for any reason; and/or

6.6.11 Interfering with Popschools’s security measures.

6.6.12 Circumventing and/or violating any person’s privacy rights.

6.6.13 Attempting to engage in any prohibited conduct.

6.7 Should you believe that a Popschools Customer or person has violated any of the foregoing prohibited uses in Section 6, you should immediately notify Popschools via report@popschools.com.

6.8 Upon learning of any error, omission or violation of these Terms of Use by any other third party, you shall immediately notify Popschools via report@popschools.com.

6.9 You assume all liability for anything purchased using Popschools Services through your Account, whether intended for you or for a third party.

6.10 Cancellation of Account.

You may cancel your Account at any time. Before doing so, Popschools recommends you review these Terms of Use carefully so you understand what will occur upon cancellation particularly in relation to payments for Popschools Services.

To effectively cancel your Account, please contact us at support@popschools.com for assistance.  Upon doing so, the cancellation of your Account will take place promptly.

Upon cancellation, all of your Content may be deleted permanently. Popschools shall not be responsible for the loss of any Content due to the cancellation (or termination) of a Popschools Account.

Popschools is not responsible should an Account remain active if the cancellation procedure described above is not followed.

6.11 Termination of Account.

Popschools reserves the right to refuse its Popschools Services to anyone should it believe that the Popschools Services have been abused. For a non-exclusive list of what Popschools considers abuse, you should refer to Section 6.7 above. Though specific prohibited items have been listed, Popschools reserves the right to consider any action or conduct inconsistent with the intended use of Popschools Services to constitute abuse.

Should Popschools believe that the Popschools Services have been, will be, or are being used for any unlawful purpose and/or used in violation of any of these Terms of Use or any other Popschools agreement or policy, Popschools may (a) terminate an account immediately; (b) refuse its Popschools Services to anyone; and/or (c) take any further action as permitted by law.

Additionally, Popschools may terminate a Popschools Account immediately in the event that Popschools believes, in its sole discretion, that a Popschools Customer is “flooding” the Popschools Services.

Popschools also reserves the right to suspend or terminate a Popschools Account should Popschools become involved in pending litigation or other similar dispute with a Popschools Customer in relation to the Popschools Account, or for any other reason. Should a Popschools Customer become involved in litigation or other similar dispute in relation to a Popschools Account, Popschools also may suspend or terminate the Popschools Account immediately and without notice.  Where Popschools merely becomes involved in a dispute as the third party escrow for information at issue between you and a job candidate, the account will not be cancelled or suspended.

Should Popschools become aware of litigation relating to a Popschools Account, Popschools reserves the right to preserve content associated with the Popschools Account.

6.12 Consequences of Termination.

Should your Account become terminated, Popschools may, in our sole discretion and without liability to You, remove and discard any information associated with your account including, but not limited to, any Content or Customer Content.

Should your Account become terminated, you will remain solely responsible for all liabilities that may have arisen or arise from your Account and/or its termination.

Popschools shall not be liable to you or any third-party for any termination of your Account or your use of the Popschools Services.

Any Popschools Customer whose Account has been terminated by Popschools may not access the Popschools Services without the prior express written permission of Popschools.

There shall be no refunds for any use of Popschools Services terminated as a result of a breach of these Terms of Use.

Popschools may also refuse registration, terminate an account, and/or refuse Popschools Services to any person who registers or attempts to register an account with Popschools without authorization after having had an account previously suspended or terminated by Popschools. In particular, should Popschools identify this person by any means (including, but not limited to IP addresses), it reserves the right to refuse or terminate registration.

6.13 Should the Popschools Services become terminated globally for any reason, all Popschools accounts shall be terminated immediately, without any prior notifications by Popschools.

7. Objectionable Content.

Popschools does not endorse any Customer Content made available via Popschools Services.  Popschools reserves the right, but not the obligation, to delete posts and/or Content that it believes, in its sole discretion, violate these Terms of Use.  However, the failure of Popschools to delete any post and/or Content does not constitute an endorsement of it.

Popschools is not responsible for any false, defamatory, libelous, or slanderous Content posted by its Popschools Customers.  If you believe any Content violates your rights or those of a third party in any way, you may contact Popschools via report@popschools.com.

8. Intellectual Property Rights

8.1 Software. Popschools Services and any necessary software used in connection with the Popschools Services (“Software”) contain proprietary and confidential information protected by applicable intellectual property and other laws. Popschools or its licensor holds all rights, title and interest in all Software and all intellectual property, including other rights related to intangible property, unless otherwise indicated. No title or interest in such intellectual property rights is being transferred to you and you agree to make no claim of interest in any such Software. Except as expressly authorized by Popschools or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part.

8.2 Copyright.

Popschools shall possess and retain all copyrights to content created by Popschools (“Popschools Content”).  Popschools may use content obtained from third party sources. All rights to such third party content remains with the owners of such third party content.

You shall possess and retain all interest in your Video Content.  However, you may only download Video Interviews if you purchase an annual subscription.  Otherwise, you will have access to your Video Interviews, but cannot download them to your computers.  Moreover, as stated elsewhere, any Video Content associated with an Account may be destroyed upon cancellation or termination of an account.   All copyrights in Customer Content shall remain with the applicable owners of such copyrights.

By using Popschools Services, you provide Popschools a license to use your Customer Content and Video Content for purposes of providing Popschools Services in relation to your Account. 
You may link to our Website from your own websites and other third party websites, so long as you do so in accordance with these Terms of Use.  However, you may not frame any elements of Popschools Services within any other website.

Your use of any third party software or content obtained through the Popschools Services does not transfer to you any rights, title or interest in or to the third party software or content. Further, you agree that you shall not use any third party software or content made available to you through the Popschools Services except as expressly authorized under the applicable third party provider’s terms of use or license, which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the third party providers’ terms of use or license agreement, do not download or use the third party software or content.

8.3 Trademarks.

You agree to not use Popschools Trademarks or any mark that is confusingly similar to such trademarks.  Nothing on or through the Popschools Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Popschools Trademarks.  Popschools reserves the right to restrict the use of its name, system, logo, and trademarks. You agree to comply with any and all such restrictions.

For purposes of displaying your Account and content associated with it, you permit Popschools to use your name and trademark, if applicable.  You also allow Popschools to use your name and trademark in a manner consistent with fair use. Upon receiving written request consistent with Notices provided herein, Popschools will remove your name and/or trademark except as necessary to continue providing you with Popschools Services.

All other companies’ names, brand names and product names are trademarks or trade names of their respective owners who may or may not endorse, be affiliated with or connected to Popschools.  You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Popschools Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws

8.4 Destruction of Materials. Should you violate these terms regarding intellectual property, you must delete any materials obtained in violation of these Terms of Use immediately upon notice or upon realizing possession of such materials violate these Terms of Use, whichever is earlier.

8.5 Limited License. All Popschools Content is the proprietary property of Popschools and/or its licensors, with all rights reserved. No Popschools Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Popschools prior written permission. Provided that you are eligible for use of Popschools Services and retain all copyright or other proprietary notices intact, you are granted a limited license to access and use the Popschools Services and the Popschools Content, including a limited license to download or print a copy of any portion of the Popschools Content to which you have properly gained access solely for your use in relation to the Popschools Services. You may not upload or republish Popschools Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. This limited license is subject to these Terms of Use and does not permit the use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Popschools Services or Popschools Content without the prior written permission of Popschools, other than as specifically authorized herein, is strictly prohibited and shall immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

8.6 Unauthorized Access or Circumvention. As stated above, Popschools takes the privacy of its Popschools Customers very seriously.  In this context, it also takes seriously any effort to circumvent the technology it has implemented to protect the privacy and the security of information on its servers.  Should any person attempt to obtain or obtain unauthorized access to Popschools servers and/or should any Popschools Customer attempt to exceed or exceed his/her/its authorized access to Popschools servers, Popschools shall consider such conduct to violate the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, which provides for civil and criminal penalties.  Additionally, depending on the circumstances, such conduct could also violate the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et eq. and the Stored Communications Act, 18 U.S.C. § 2701, et seq., both of which also provide for civil and criminal penalties. Popschools considers the unauthorized access to and/or download of any Video Content fall within the scope of this prohibited conduct.   Moreover, Popschools shall consider any approval or knowledge of a third party’s efforts to engage in the foregoing prohibited conduct as wilful cooperation in such conduct.

8.7 Popriser Content and Information.

Popschools does not own any job candidate content or information. The ownership of this content and information can vary depending on circumstances. Indeed, the laws related to privacy of consumer information often intersect and overlap with those relating to the privacy and ownership of employee information. In particular, the GDPR provides EU consumers with certain rights related to their personal information. At the same time, employers possess rights and obligations to retain certain employee and job candidate information. Should Popschools receive any request relating to job candidate content and information from that job candidate, Popschools will forward the request for you, the employer, to process. Absent a court order or clear indication of applicable law, Popschools will thereafter defer to and comply with the employer direction. In so doing, however, Popschools reserves the right to fully inform any job candidate of their respective rights and how to address such a dispute. Finally, as the employer, you affirm that any direction you provide to Popschools shall be based on a good faith interpretation of existing laws applicable to you and the job candidate. Pursuant to Paragraph 12 below, you shall indemnify Popschools for any consequence of its compliance with your direction as to job candidate requests related to their content and information.

9. DMCA Policy

9.1 Popschools respects the intellectual property rights of others and prohibits anyone from uploading, posting or otherwise transmitting through Popschools Services any materials that violate another party’s intellectual property rights. When Popschools receives proper Notification of Alleged Copyright Infringement as described herein, it promptly removes or disables access to the allegedly infringing material and terminates the accounts associated therewith as described herein in accordance with the Digital Millennium Copyright Act (“DMCA”).

9.2 If you believe that any material on or through the Popschools Services infringes upon any copyright which you own or control, you may send a written Notification of Alleged Copyright Infringement to our designated DMCA Agent identified below.

9.3 If you believe that your copyrighted work is accessible on or through the Popschools Services in violation of your intellectual property rights, you may provide our designated DMCA Agent with a Notification of Alleged Copyright Infringement as set forth in the DMCA that contains substantially the following information:

(A). Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed so that Popschools can locate the material;

(B). Identify the URL or other specific location on the Website or Popschools Services that contains the material that You claim infringes your copyright described in Item 5.3(A) above;

(C). Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;

(D). Include a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(E). Include a statement by You that the information contained in your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner’s behalf; and,

(F). Include your name, mailing address, telephone number and email address.

9.4 You may send your Notification of Alleged Copyright Infringement to our designated DMCA Agent by fax, mail, or E-Mail as set forth below:

PopSchools, Inc.

5960 South Land Park Dr. #699
Sacramento, CA 95822

Attention: NOTICES

eMail: notices@popschools.com 

9.5 Popschools has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, members who are deemed to be repeat infringers. Popschools may also in its sole discretion limit access to the Popschools Services and/or terminate the use thereof by anyone who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

10. RESERVED FOR FUTURE USE

11. RESALE OF SERVICE

Unless otherwise agreed to in writing by Popschools, you agree not to reproduce, duplicate, copy, sell, resell, outsource, reverse engineer or exploit any portion of, the use of, or access to Popschools Services.

  1. INDEMNIFICATION

You agree to indemnify and hold Popschools (as defined in 15.1.3) harmless against and from any claim, demand, expenses, or losses, including reasonable legal fees (including but not limited to attorney’s fees, paralegal fees, costs and expenses), made by any third party against Popschools due to or arising out of: (A) your use of and/or connection to the Apps, Website, and/or Popschools Services; (B) your sharing of any content obtained through the use of the Apps, Website, and/or Popschools Services to any third party; (C) the use of any content downloaded from the Apps, Website, and/or Popschools Services to your computer and/or servers; (D) your violation of these Terms of Use; (E) information you sent, submitted, electronically received, viewed, printed, downloaded, or transmitted through the Apps, Website, and/or Popschools Services; (F) any misuse, intended or unintended, of any Video Content (and/or information conveyed therein) by you, your agents, your employees, your customers, and any other parties to whom information is provided; or (G) your violation of any rights of any other individual or entity, whether you are a registered user or not. You are responsible for your actions when using the Apps, Website, and/or Popschools Services, including, but not limited to, costs incurred for Internet access.  In all cases, Popschools shall have the right to choose its own counsel.

13. DISCLAIMER OF WARRANTIES

13.1 THE APPS, WEBSITE, AND/OR POPSCHOOLS SERVICES ARE PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS”, “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.

13.2 POPSCHOOLS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:

ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS AND/OR CONTENT OF THE APPS, WEBSITE, AND/OR POPSCHOOLS SERVICES:

THE ABILITY OF THE APPS, WEBSITE, AND/OR POPSCHOOLS SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE;

ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE;

ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;

ANY WARRANTIES OF NON-INFRINGEMENT; AND

ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF POPSCHOOLS IN THE APPS, WEBSITE, AND/OR POPSCHOOLS SERVICES, OR ANY WARRANTY THAT THE APPS, WEBSITE, AND/OR POPSCHOOLS SERVICES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

13.3 POPSCHOOLS IS NOT LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS THAT ARE DOWNLOADED FROM THE APPS, WEBSITE, AND/OR POPSCHOOLS SERVICES BY YOU OR INSTALLED ON YOUR COMPUTER. AS SUCH, POPSCHOOLS IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

13.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE APPS, WEBSITE, AND/OR POPSCHOOLS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

13.5 POPSCHOOLS MAKES NO WARRANTY THAT THE APPS, WEBSITE, POPSCHOOLS SERVICES, AND/OR CONTENT THEREON WILL BE ERROR-FREE, AVAILABLE WITHOUT INTERRUPTION, TIMELY, OR MEET YOUR REQUIREMENTS.

13.6 WE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE APPS, WEBSITE, AND/OR POPSCHOOLS SERVICES.  HOWEVER, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE; LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA; LOSS OF REVENUE; OR, OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NON DELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE POPSCHOOLS SERVICES, OR OTHER INTERACTION WITH THE POPSCHOOLS SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE POPSCHOOLS SERVICES. WE DO NOT WARRANT THAT (i) THE POPSCHOOLS SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE POPSCHOOLS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE POPSCHOOLS SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE POPSCHOOLS SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

13.7 THESE DISCLAIMERS APPLY TO ALL CONTENT SENT TO AND/OR FROM THE APPS, WEBSITE, AND/OR POPSCHOOLS SERVICES.

14. THIRD PARTY LINKS AND PRODUCTS

14.1 IN CONNECTION WITH THE POPSCHOOLS SERVICES, POPSCHOOLS MAY PROVIDE YOU WITH LINKS TO THIRD PARTY WEBSITES AND OFFERS FOR PRODUCTS AND SERVICES OF THIRD PARTIES.

14.2 POPSCHOOLS NEITHER MONITERS NOR HAS ANY CONTROL OVER SUCH THIRD PARTY WEBSITES, PRODUCTS, AND SERVICES.

14.3 POPSCHOOLS IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE (A) THE AVAILABILITY OR CONTENT OF SUCH THIRD PARTY WEBSITES; (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES; (C) THE USE OF OR RELIANCE UPON SUCH CONTENT, PRODUCTS, OR SERVICES; (D) ANY LOSS OR DAMAGE ARISING FROM ANY COMMUNICATIONS AND/OR TRANSACTIONS BETWEEN YOU AND THIRD PARTIES; AND/OR (E) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES.

14.4 ANY CORRESPONDENCE OR BUSINESS TRANSACTIONS BETWEEN YOU AND SUCH THIRD PARTIES ARE SOLELY BETWEEN YOU AND ANY SUCH THIRD PARTY.

14.5 POPSCHOOLS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD PARTY PRODUCTS AND SERVICES INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT OR WHERE SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

14.6 THIRD PARTY WEBSITES MAY SOLICIT PERSONAL INFORMATION AND SEND COOKIES. THE INCLUSION OF A LINK TO A THIRD PARTY WEBSITE THROUGH THE APPS, WEBSITE, AND/OR POPSCHOOLS SERVICES DOES NOT IMPLY ENDORSEMENT OF THE LINKED THIRD PARTY WEBSITE.

14.7 YOU ALSO MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS THAT MAY APPLY WHEN YOU USE AFFILIATE OR OTHER SERVICES PROVIDED BY POPSCHOOLS, THIRD-PARTY CONTENT OR THIRD-PARTY SOFTWARE. POPSCHOOLS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ITS CUSTOMERS FAILING TO ABIDE BY THIRD-PARTY WEBSITES’ POLICIES AND TERMS.

15. LIMITATION OF LIABILITY

15.1 GENERAL TERMS.  FOR EACH OF THE FOLLOWING LIMITATIONS OF LIABILITY, THE FOLLOWING TERMS SHALL APPLY:

15.1.2 “DAMAGES” SHALL INCLUDE ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, AND/OR ANY OTHER DAMAGES OR INTANGIBLE LOSS. THE TYPE OF DAMAGES TO WHICH THESE LIMITATIONS OF LIABILITY APPLY INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF BUSINESS PROFITS OR LOST SAVINGS, LOSS TO GOODWILL, LOSS ARISING FROM BUSINESS INTERRUPTION, LOSS OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, LOSS OF REPUTATION, VIOLATION OF PRIVACY, LOSS OF USE OR DATA, LEGAL FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES, PARALEGAL FEES, AND OTHER COSTS AND EXPENSES), AND/OR ANY OTHER KIND OF DAMAGE OR LOSS.

15.1.3 “POPSCHOOLS” SHALL MEAN POPSCHOOLS; ITS SUBSIDIARIES; AND, ITS OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS.

15.1.4 “STRATEGIC PARTNERS” SHALL MEAN CO-BRANDERS, SUPPLIERS, VENDORS, AND OTHER PARTNERS USED BY POPSCHOOLS AS WELL AS THEIR SUBSIDIARIES, PARENTS, OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS.

15.1.5 THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF WHETHER CAUSED BY POPSCHOOLS OR ANY PART OF POPSCHOOLS AS DEFINED ABOVE.

15.1.6 THESE LIMITATIONS OF LIABILITY APPLY TO ALL CLAIMS, CAUSES OF ACTION, AND/OR FORMS OF ACTION, WHETHER FOR OR BASED UPON BREACH OF CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR UNDER ANY OTHER CLAIM OR CAUSE OF ACTION.

15.1.7 THESE LIMITATIONS OF LIABILITY APPLY EVEN IF POPSCHOOLS WAS ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES.

15.2 YOU AGREE THAT POPSCHOOLS AND ITS STRATEGIC PARTNERS SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGES AS DEFINED ABOVE ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, INABILITY TO USE, OR ANY OTHER MATTER RELATING TO THE APPS, WEBSITE, AND/OR POPSCHOOLS SERVICES.

15.3 YOU AGREE TO EXCUSE POPSCHOOLS AND AGREE THAT IT SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DELAY OR FAILURE TO PERFORM DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOVERNMENT; NATURAL CATASTROPHES; FORCE MAJEURE; ACTS OF GOD; INTERNET DISRUPTIONS OR UNAVAILABILITY; FAILURE OF OPERATING SYSTEMS; UNAVAILABLE NETWORK CONNECTIONS; IMPERFECT COMPUTER TRANSMISSIONS; LABOR DISPUTES: POWER OUTAGES; LOSS OF DATA; OR SIMILAR OCCURRENCES.

15.4 YOU AGREE THAT POPSCHOOLS SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE APPS, WEBSITE, AND/OR POPSCHOOLS SERVICES. SIMILARLY, POPSCHOOLS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD UPDATES TO THE SOFTWARE OR CODE REQUIRE THE INSTALLATION OF OTHER THIRD PARTY SOFTWARE.

15.5 YOU AGREE THAT POPSCHOOLS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES AS DEFINED ABOVE THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH:

15.5.1 THE USE OF OR THE INABILITY TO USE THE POPSCHOOLS SERVICES; 

15.5.2 THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE POPSCHOOLS SERVICES;

15.5.3 UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR DATA;

15.5.4 STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE POPSCHOOLS SERVICES;

15.5.5 THE DISCLOSURE OF ANY PARTY’S IDENTITY OR IDENTIFYING INFORMATION;

15.5.6 THESE TERMS OF USE; OR

15.5.7 ANY OTHER MATTER RELATING TO THE POPSCHOOLS SERVICES.

15.6 YOU AGREE THAT POPSCHOOLS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES AS DEFINED ABOVE.  WHERE ANY COURT OF COMPETENT JURISDICTION LIMITS THE ABILITY OF POPSCHOOLS TO DISCLAIM ANY DAMAGES, YOU AGREE THAT THE MAXIMUM AMOUNT OF DAMAGES THAT POPSCHOOLS SHALL BE LIABLE TO YOU FOR SHALL NOT EXCEED THE AMOUNT OF PAYMENTS YOU PAID TO POPSCHOOLS.

15.7 IF YOU ARE DISSATISFIED WITH THE APPS, WEBSITE, AND/OR POPSCHOOLS SERVICES, OR YOU HAVE ANY DISPUTE WITH POPSCHOOLS IN CONNECTION WITH THE SAME OR THESE TERMS OF USE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE APPS, WEBSITE, AND/OR POPSCHOOLS SERVICES.

15.8 YOU AGREE THAT POPSCHOOLS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING OR OCCURRING THROUGH ANY CURRENT, FORMER, AND/OR POTENTIAL EMPLOYMENT RELATIONSHIP (WHETHER EMPLOYER-EMPLOYEE OR EMPLOYER-INDEPENDENT CONTRACTOR OR EMPLOYER-Recruitment  COMPANY) DEVELOPED, MODIFIED, OR TERMINATED BY USE OF THE APPS, WEBSITE AND/OR POPSCHOOLS SERVICES.

15.9 YOU AGREE THAT POPSCHOOLS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MISUSE OF CONTENT FOUND ON OR THROUGH THE APPS, WEBSITE, AND/OR POPSCHOOLS SERVICES. PARTICULARLY, POPSCHOOLS SHALL NOT BE LIABLE FOR ANY MISUSE OF ANY VIDEO CONTENT OR INFORMATION CONTAINED THEREON BY ANY CUSTOMER.

15.10 YOU AGREE THAT POPSCHOOLS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MISUSE OF CONTENT FOUND ON OR THROUGH THE APPS, WEBSITE, AND/OR POPSCHOOLS SERVICES DELIVERED TO Recruitment Clients. PARTICULARLY, POPSCHOOLS SHALL NOT BE LIABLE FOR ANY MISUSE OF ANY VIDEO CONTENT OR INFORMATION CONTAINED THEREON BY ANY Recruitment Clients.

15.11 YOU AGREE THAT POPSCHOOLS AND ITS STRATEGIC PARTNERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION OF CONTENT; DEFECT; DELAY IN OPERATION OR TRANSMISSION; BUG; VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE, EQUIPMENT, OR OTHER PROPERTY; COMMUNICATION LINE FAILURE; THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS.

15.11.1 WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE APPS, WEBSITE, AND/OR POPSCHOOLS SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, BUGS, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, (2) THAT THE FUNCTIONS PERFORMED BY THE APPS, WEBSITE, AND/OR POPSCHOOLS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR (3) THAT DEFECTS IN THE APPS, WEBSITE, AND/OR THE POPSCHOOLS SERVICES WILL BE CORRECTED.

15.11.2 IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE APPS, WEBSITE, AND POPSCHOOLS SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.

16.EXCLUSIONS AND LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11, 12, 13, and 14 MAY NOT APPLY TO YOU.

17. RESERVED FOR FUTURE USE.

18. General Provisions

18.1 Acknowledgement.You acknowledge that you have read, understood, and agreed to all terms contained herein. Further, you represent that you have consulted, or have had the opportunity to consult with your legal, tax, and financial advisors in connection with the execution and performance of the Agreement.

18.2 Applicable Law. These Terms of Use shall be construed and enforced in accordance with the laws of the State of California without regard to its conflicts of laws provisions. Similarly, the laws of the State of California (again without regard to its conflicts of laws provisions) shall also govern any dispute arising between you and Popschools. You agree to submit to the personal and subject matter jurisdiction of the courts located within Sacramento in the State of California. You also agree the venue for any action, dispute or proceeding with respect to this Agreement or any dispute between you and Popschools shall be Sacramento in the State of California. You further waive all defenses to the contrary including, but not limited to, lack of personal jurisdiction or forum non conveniens.

18.3 Arbitration Clause.

Except with respect to any dispute, claim, or controversy relating to the privacy of consumer information, GDPR, and/or Privacy Shield (see below), any dispute, claim, or controversy arising out of these Terms of Use, the Apps, Website, and/or Popschools Services shall be settled by arbitration in Sacramento, California. Such arbitration shall be conducted in accordance with the Comprehensive Arbitration Rules and Procedures (or then-existing equivalent) of the JAMS (or then-existing equivalent). The party requesting arbitration shall serve upon the other party a notice demanding arbitration and a description of the issue or issues to be arbitrated.

A single arbitrator shall be agreed upon by the parties or, if the parties cannot agree upon an arbitrator within thirty (30) days, then the parties agree that a single arbitrator shall be appointed by JAMS. The arbitrator may award legal fees (including, but not limited to, attorneys’ fees, paralegal fees, etc.), expenses, and costs as part of the award.

Any award issued as a result of the arbitration shall be binding and may be entered as a final judgment or order in any court of competent jurisdiction and enforced accordingly. All costs and expenses of the arbitration, including reasonable legal fees (including, but not limited to, attorney’s fees, paralegal fees, etc.), shall be allocated among the parties as determined by the arbitrator.

Notwithstanding the foregoing, either Party may, at its sole discretion, seek preliminary judicial relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief) and, additionally, the provisions of this Section may be enforced by any court of competent jurisdiction.

With respect to any dispute, claim, or controversy relating to the privacy of consumer information, GDPR, and/or Privacy Shield, we direct you to Section 6 of our Privacy and Security Policy entitled Dispute Resolution. Should you have any questions, please contact us at privacy@popschools.com.

18.4 Class Actions Waived. You expressly waive any right to participate in any class action against Popschools for any claims related to the Apps, Website, and/or Popschools Services. In fact, by using the Apps, Website, and/or Popschools Services and agreeing to these Terms of Use, you expressly agree that you shall not be permitted to resolve any claims through class actions against Popschools.

18.5 Entire Agreement. These Terms of Use, as they shall be modified from time to time, constitute the full and complete understanding among them with respect to the subject matter hereof and supersede and preempt any prior understandings, agreements, or representations by or among the Parties, written or oral, which may have related to the subject matter hereof in any way. You may not rely on any other statements, promises, or agreements by any party, whether written or oral, that alters or contradicts the terms of these Terms of Use.  Indeed, you affirm that you are not relying upon any verbal or written representations whatsoever, except as expressly set forth in these Terms of Use.

18.6 Incorporation Clause. These Terms of Use expressly incorporate the terms provided for in Popschools’s Privacy and Security Policy, its Data Protection Agreement, and related terms and documents.

18.7 Intentionally Omitted.

18.8 Independent Parties. You and Popschools are independent parties and nothing contained in these Terms of Use shall be construed or implied to create any agency or partnership between you and Popschools. At no time shall you or Popschools act as an agent for or make commitments for or in the name of the other party.

18.9 Jury Trial Waived. As provided in the Arbitration Clause above, you acknowledge that all disputes with Popschools shall be resolved through arbitration. Should any arbitration or court find such restriction unenforceable and/or should any dispute appear before a court, you expressly waive any right to a jury trial in any action against Popschools for any claims related to the Apps, Website, and/or Popschools Services. In fact, by using the Apps, Website, and/or Popschools Services and agreeing to these Terms of Use, you expressly agree that you shall not be permitted to obtain a jury trial in any action against Popschools.

18.10 Legal Advice Not Provided. You acknowledge and agree that Popschools has not and will not provide you with any legal advice on any subject, but particularly with respect to compliance with employment, data privacy, or other relevant laws, rules, or regulations.  You agree not to construe any Popschools communications as legal advice.

18.11 Paragraph and Section Headings. Paragraph and Section headings are for convenience only and shall not be used to construe these Terms of Use or otherwise be given any legal effect.

18.12 Reasonableness. The Parties have read each of the terms in these Terms of Use and consider each of them, including all subparts, to be reasonable.

18.13 Savings Clause. In the event that any provision of these Terms of Use is held to be void or unenforceable by a Court of competent jurisdiction, the remaining provisions of these Terms of Use shall nevertheless be binding upon the Parties with the same effect as though the void or unenforceable part had been deleted. Further, any provision held to be void or unenforceable by a Court of competent jurisdiction shall be construed, if possible, to give effect to the Parties’ intent. The Parties agree that any such provision, in its forms modified by the court, shall then be enforceable and shall be enforced.

18.14 Statute of Limitations. To the extent permitted by law, any claim or cause of action arising out of or related to use of the Apps, Website, and/or Popschools Services shall be filed within one (1) year after such claim or cause of action arose. To the extent permitted by law and as applicable, any claim arising from the publication of any content on or through the Apps, Website, and/or Popschools Services shall accrue on the first date of publication.

18.15 Survival. You agree that certain of these Terms of Use shall survive termination or expiration of your use of the Popschools Services to achieve the fundamental purposes of these Terms of Use including, but not limited to, Sections 1, 6-9 and 12-16, 18.

18.16 Waiver.

18.16.1 No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

18.16.2 The failure of Popschools to insist, in any one or more instances, upon the performance of any of the terms of these Terms of Use or to exercise any right hereunder, shall not be construed as a waiver of the future performance of any such term or the future exercise of such right.

18.16.3 No employee, agent or representative, including without limitation a customer service representative, of Popschools shall be entitled to waive any term of these Terms of Use or any other Popschools’ agreement or policy.

18.17 Notices. Notices by Popschools to you for any reason (including changes to these Terms of Use, the Apps, the Website, and/or Popschools Services, fees, or other similar matters) may be provided by a general posting on the Website at popschools.com. Notices by you to Popschools may be given through electronic mail to notices@popschools.com unless otherwise specified in these Terms of Use. Without receiving a confirmation email back from Popschools, you may not assume that your notice has been received.

18.18 Restricted Locations.

The Apps, Website, and/or Popschools Services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.

Apps, Website, and/or Popschools Services may not be used by and is not directed at any country or region currently embargoed by the United States. By using the Apps, Website, and/or Popschools Services, you agree to the foregoing and you warrant that you are not located in, or under the control of, or a national or resident of any such country or region.

You agree to comply with all local rules regarding online conduct and what Popschools deems, in its sole discretion, acceptable content. For examples of prohibited content and conduct, refer to Section 6 above.

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.