Last updated : December 2019
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PopSchools, Inc. (“PopSchools”) provides online services through which Sponsors can make charitable tax-deductible donations and/or provide mentorship/advocacy services through our community to support Tech Talent “Poprisers” career development and progression. PopSchools empowers individuals seeking global career development and employment opportunities in high-demand fields in Tech to efficiently launch a donor based campaign to cover their greatest needs such as tuition, industry events, living obligations or travel sponsorships called Debt-free Income Sponsor Agreements (ISAs), job placement, digital apprenticeship and mentorship services. Sponsors can also make charitable tax-deductible donations to Pop Impact Fund, a tax-free pooled and managed fiscal sponsorship fund operating as a 501(c)(3) organization under the umbrella of End the Cycle, a tax exempt charitable organization. Assets in the Pop Impact Fund are professionally managed by Prohaus Capital and have the potential to grow over time providing greater support to critical Pop School community needs.
- Popschools Services – What are the Popschools Services?
- Donation and Subscriptions
- Customer Conduct
- Objectionable Content – What if I find content to be objectionable?
- Intellectual Property
- DMCA Policy
- Reserved for Future Use
- Resale of Services
- Disclaimer of Warranties
- Third Party Links and Products
- Limitations of Liability
- Exclusions and Limitations
- General Terms
“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 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.
(C) As otherwise required by law.
3. Sponsors 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 Sponsor seeking to contribute to Pop Impact Fund, directly to campaigns hosted by Tech Talent “Popriser’ or to our mentorship services in the PopSchools Community. 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.
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 Sponsors can make charitable tax-deductible donations and/or provide mentorship/advocacy services through our community to support Tech Talent “Poprisers” career development and progression. PopSchools empowers Tech Talent “Poprisers” individuals seeking global career development and employment opportunities in high-demand fields in Tech to efficiently launch a donor based campaign to cover their greatest needs such as tuition, industry events, living obligations or travel sponsorships called Debt-free Income Sponsor Agreements (ISAs), participate in job placement, digital apprenticeship and mentorship services. Sponsors can also make charitable tax-deductible donations to Pop Impact Fund, a tax-free pooled and managed fiscal sponsorship fund operating as a 501(c)(3) organization under the umbrella of End the Cycle, a tax exempt charitable organization. Assets in the Pop Impact Fund are professionally managed by Prohaus Capital and have the potential to grow over time providing greater support to critical Pop School community needs.
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. Giving donations through the Donation Service. If you give contributions through the Donation Service, You (a “Sponsor”) understand, acknowledge and agree that:
4.4.1 POPSCHOOLS IS NOT A BANK OR FINANCIAL INSTITUTION AND DOES NOT PROVIDE INVESTMENT ADVICE OR CONSULTING SERVICES TO USERS OF THE PLATFORM OR THE FUNDING SERVICE. POPSCHOOLS IS SOLELY THE PROVIDER OF THE PLATFORM DESCRIBED IN THESE TERMS. YOU ALSO UNDERSTAND AND ACKNOWLEDGE THAT POPSCHOOLS IS NOT A 501(c)(3) REGISTERED CHARITABLE ORGANIZATION, BUT IT RECEIVES FISCAL SPONSORSHIP FROM END THE CYCLE AND THAT THE DONATION BASED CAMPAIGNS OR POP IMPACT FUND, FUNDED THROUGH THE PLATFORM ARE GIVEN DUE TAX-DEDUCTIBLE CHARITABLE CONTRIBUTION CONSIDERATIONS.
4.4.2 YOUR DONATION IS TO POPSCHOOLS. WHILE YOU MAY DESIGNATE YOUR DONATION FOR A SPECIFIC PROJECT, POPSCHOOLS DOES NOT GUARANTEE THAT ANY DONATION BASED CAMPAIGN WILL RECEIVE A CERTAIN AMOUNT OF CONTRIBUTION OR ANY DONATIONS AT ALL. POPSCHOOLS DOES NOT PERSONALLY ENDORSE ANY DONATION BASED CAMPAIGN USING THE PLATFORM, AND POPSCHOOLS MAKES NO GUARANTEE, EXPLICIT OR IMPLIED, THAT ANY INFORMATION PROVIDED THROUGH THE PLATFORM BY ITS USERS IS ACCURATE. YOU, AS A SPONSOR, MUST MAKE THE FINAL DETERMINATION AS TO THE VALUE AND APPROPRIATENESS OF DESIGNATING YOUR CONTRIBUTION FOR ANY PARTICULAR DONATION BASED CAMPAIGN.
4.5 Sponsor may have the option to contribute recurring donations (“Donation Subscriptions”). BY ELECTING TO DONATE ON A RECURRING BASIS, YOU HEREBY ACKNOWLEDGE THAT DONATION SUBSCRIPTIONS AUTOMATICALLY RENEW AND HAVE A RECURRING PAYMENT FEATURE, AND THAT UNLESS AND UNTIL YOU OPT OUT OF THE AUTO-RENEWAL OF THE DONATION SUBSCRIPTION, WHICH CAN BE DONE THROUGH THE FUNDING SERVICE, ANY DONATION SUBSCRIPTIONS YOU HAVE SIGNED UP FOR WILL BE AUTOMATICALLY RENEWED FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM ORIGINALLY SELECTED. IN CONNECTION WITH EACH OF YOUR DONATION SUBSCRIPTIONS, YOU HEREBY AUTHORIZE POPSHOOLS AND/OR ITS THIRD-PARTY PAYMENT PROCESSORS TO CHARGE YOUR PAYMENT METHOD IN THE AMOUNT OF THE APPLICABLE RECURRING DONATION AND ANY FEES OR OTHER CHARGES. YOU MAY CANCEL YOUR DONATION SUBSCRIPTION BY LOGGING INTO YOUR ACCOUNT AND CHANGING YOUR DONATION SETTINGS OR BY CONTACTING US AT firstname.lastname@example.org
4.6 PopSchools reserves the right to reject any donation for any or no reason, including without limitation any donation that PopSchools determines, in its sole discretion, may jeopardize PopSchools’s non-profit status or violate any law or regulation. You are solely responsible for reporting your tax deductibles to the relevant authorities.
4.7. Unless otherwise explicitly specified by PopSchools, Your gift of donations will be tax-deductible under United States federal taxation laws. In other jurisdictions you are solely responsible for compliance with all laws and regulations, and payment of any Taxes (including without limitation VAT) and transaction fees, applicable to your gift of funds or assets. If applicable laws or regulations prohibit you from making a gift of funds or assets through the Platform or the Service, then you may not make a contribution.
4.8 Use of Contributions
4.8.1 Tech Talent “Poprisers” from the PopSchools community will make their own decisions regarding how your contribution and other contributors’ gifts in the form of Debt-free Income Sponsor Agreements (ISAs), will be spent in accordance to their career needs i.e expenses such as tuition, industry events, or living obligations and travel.
4.8.2 PopSchools has no liability or responsibility for, and is not obligated to exercise control over, a campaign decision for how to spend funds that are contributed to it, including whether a Popriser will spend funds for the particular allocation categories that they requested. However, Popriser are encouraged to provide updates on their page. While Poprisers are encouraged to spend funds in accordance with the requested allocation categories that they specify, however this is not mandatory. There are no rewards promised to You or guarantees associated with any donations through the Donation Service.
4.9 In order to maintain ongoing trust and transparency in the sources of Contributions, a record of each donation made by You may be retained indefinitely and made public on the Campaign page on the Platform. This record may include sufficient personal information as required to appropriately document to the PopSchools community about the sources of the Campaign donations.
4.10 You agree to indemnify, defend and hold harmless the Indemnified Parties from and against any and all Losses arising from or relating to (a) any disputes between You, and a Donation Based Campaign or its owners “Popriser”:, regarding donations given by You via the Donation Service; and (b) obligations to pay Taxes for any funds that You give hereunder.
4.11 PopSchools reserves the right, in its sole discretion, to redistribute contributions from any designated Donation Based Campaigns launched by Tech Talent “Poprisers’ on the platform should PopSchools determine, in its sole discretion, that such Campaign is no longer active; is no longer using its designated funds; if its Popriser Owner is no longer complying with the Agreement or any other restrictions or limitations imposed by PopSchools; or for any other reason. Any unspent donations may, in PopSchools’s sole discretion: (a) be reallocated to other Poprisers Campaigns; (b) be retained by PopSchools for use in operating the Platform and the Services; or (c) be retained by PopSchools for general administrative purposes. Donations unspent by a Campaign designated by a Sponsor will not be refunded to the Sponsor.
4.12. Providing Mentorship or Advocacy through the Mentorship Service. If you provide mentoring or advocacy through the PopSchools Community, You (a “Sponsor”) understand, acknowledge and agree that:
4.12.1 The Mentorship Service is offered by PopSchools as a means to connect members of the PopSchools Tech Career development community with one another to enable new participants to benefit from the competencies, expertise and guidance of experienced Mentors as well as Peer Mentors which in the process drive career Tech development opportunities (“Mentorship Opportunities”). Mentorship Opportunities are facilitated by the Platform and the Mentorship Service; however, the Mentors, Mentees, Employers and any other participants in Mentorship Opportunities are not representatives of PopSchools, and the Mentorship Service does not involve, advertise, provide or generate employment opportunities with PopSchools or with any Organizations whose employees participate as Mentors. PopSchools’s own employment opportunities are available on PopSchools’s main website at https://www.popschools.com/careers as updated from time to time. PopSchools DOES NOT OFFER AND IS NOT TO BE CONSIDERED AN EMPLOYER FOR ANY MENTORSHIP OPPORTUNITIES, AND POPSCHOOLS IS NOT RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS RELATING TO ANY EMPLOYER CONNECTIONS, OR THE CONTENT OF, OR ANY DETAILS RELATING TO, ANY EMPLOYER CONNECTIONS.
4.12.2. You will not use the Content of any other Mentee, Sponsor, Mentor or Popriser, including without limitation any of their personal information, for any purpose other than solely in connection with enabling them to participate in the Mentorship Opportunities in which they have volunteered to participate.
4.12.3. Your involvement in Mentorship Opportunities shall in no way constitute employment with PopSchools or any participating Organization in any capacity. You will not be, and You expressly agree that You will not represent Yourself as an employee, agent or representative of PopSchools or any participating Organization as a result of Your participation in Mentorship Opportunities. You shall have no right to make any commitments on behalf of PopSchools or any participating Organization, and You are not authorized to do so.
4.12.4. Your ability to participate as a Mentor, , as applicable, is subject to your satisfaction of all of the corresponding eligibility criteria specified in the Community Guidelines.
4.12.7. You are solely responsible for all interactions with other users of the Mentorship Service, and You understand and expressly agree that PopSchools does not have any liability for or control over any third party’s authenticity, integrity, abilities or responsibility. You acknowledge and agree that PopSchools is NOT a party to any oral or written agreement for services or any other contract entered into between users of the Mentorship Service, even if PopSchools facilitates communications between such users.
4.12.8. Your interactions with individuals and/or organizations found on or through the use of the Mentorship Service, including the performance of any services by such parties and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries You deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, any Employer, Popriser or Recruiter with whom You choose to interact as a result of Your use of the Mentorship Service. You understand that PopSchools does not and cannot make representations as to the suitability or fitness of any individual Popriser, Employer and Recruiter with whom You may decide to interact with on or through the Community through the Mentorship Service and/or the accuracy or suitability of any advice, information, or recommendations made by any user of the Mentorship Service.
4.12.9 IF THERE IS A DISPUTE BETWEEN USERS OF THE MENTORSHIP SERVICE, YOU ACKNOWLEDGE AND AGREE THAT POPSCHOOLS IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ANY THIRD PARTY, YOU HEREBY RELEASE POPSCHOOLS AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
4.12.10 By using the Mentorship Service in the PopSchools Community, You agree to indemnify, defend and hold harmless the Indemnified Parties from and against any and all Losses arising from or relating to (a) any disputes between You, on the one hand, and any Mentee (Popriser), Sponsor, Employer or Recruiter as a Mentor, regarding any Mentorship Opportunities or Your use of the Mentorship Service; and (b) Your non-compliance with any applicable laws or regulations, including without limitation those regarding employment, labor and taxation, relating to the Mentorship Service or Your use thereof.
You acknowledge and agree that:
4.13. In the capacity as a Mentor, You are volunteering Your time, and sharing Your skills, experience and expertise in order to provide guidance and drive professional development of Mentees (Poprisers). Because You are volunteering Your time, You are not an employee of the Tech Talent “Popriser”, or PopSchools. You understand and agree that because PopSchools has nothing to do with any potential employment arrangements that could result from the Mentorship program, You shall not offer, or purport to offer, employment on behalf of PopSchools to any Popriser or any other third party, or state or imply that You are authorized to do so. You can only provide employment by registering as an Employer and listing your opportunity on the platform.
4.14. If You choose to serve as a Mentor to a Mentee, You should devote a sufficient amount of time to advising, guiding and evaluating the performance of the Mentee. You should meet using the community platform tools via voice or video calls with the Mentee on a regular basis. You should use reasonable and objective criteria in evaluating whether the Mentee has satisfactorily completed all of the tasks defined for them.
4.15. 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.
4.16 Deletion of Content.
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).
5. Donations, Payment Method and Subscriptions
5.1 Donations. PopSchools offers an online donation service which allows you to make a donation to PopSchools through our Site. We offer different methods for online donations including, but not limited to, single credit card payments and pre-authorized debit withdrawals (e.g., for monthly donations). All donation orders made on the Site are subject to the following conditions:
5.1.1 You are agreeing to and entering into a complete and binding contract with PopSchools. You are responsible for providing complete and accurate billing and contact information to us and for notifying us of any changes to such information through the online Contact Us form.
5.1.2 The online donation form, Donation form, invoice or otherwise specific agreement that is used by PopSchools at the time of donation (the “Order”) will specify the donation based campaign or Pop Impact Fund that you are contributing to on PopSchools.
5.1.3 You must be 16 years of age or older to make a donation on the Site.
5.1.4 If you are donating money with Company credit card, you must be an authorized representative of the Company. If the donations are from a child under 16 years of age, you represent and warrant that you are the parent or legal guardian of the child for whom the Products are purchased.
5.1.5 You agree to pay for all charges noted in your Order as payable by you.
220.127.116.11 Our online payment service for Donations and Products is controlled and operated by third party provider/s (“Third Party Payment Service”).
18.104.22.168 Transaction Fees. You understand and acknowledge that PopSchools may in its discretion fund the operations and improvements to the Platform by charging a Sponsor transaction fee. As a social enterprise, we charge very small platform service and processing fees on top of each donation. This way, we reserve 100% of the donations for doing good. Donors pay these fees to use the Website. We also retain a percentage of the funds raised through Pop Impact Fund.
The fees are laid out as follows;
- Sponsor transaction fee of $3/transaction
22.214.171.124 Additionally, PopSchools relies upon third party payment processors who charge PopSchools a fee for each transaction. All payments will be subject to the third-party payment processor’s applicable terms, conditions and privacy policies. You hereby agree to comply with all such terms, conditions and policies.
5.2 Method of Payments. To donate to Popschools through the Pop Impact Fund and PopSchools Donation Campaigns, you must provide Popschools with a valid credit card or checking account debit information. Popschools presently accepts contributions and payments from Popschools Sponsors 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.
5.2.1. As a Sponsor You represent and warrant that such information payment is true and that you are authorized to use the applicable payment method. All payments are final and will not be refunded unless PopSchools, in its sole discretion, agrees to issue a refund. If PopSchools cannot charge your payment method for any reason, PopSchools reserves the right to either suspend or terminate Your participation in the Funding Service. By providing a payment method, You expressly authorize PopSchools and/or its third-party payment processor to charge the applicable fees on said payment method and other charges incurred thereto at regular intervals.Processing fees for your transactions at the prices set by our payment processor(s) then in use, can range between 2.9% and 3.9% depending on the method of payment and your total aggregated contribution amount during your billing cycle (one-time, monthly or annual).
You may opt for a subscription service to provide recurring donations to Popschools. 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 donations. 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. Donations are tax deductible in the USA.
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.
6.1 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 email@example.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.
To effectively cancel your Account, please contact us at firstname.lastname@example.org 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.
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.
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 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 email@example.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.
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.
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
8.6 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:
5960 South Land Park Dr. #699
Sacramento, CA 95822
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.
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;
15.5.7 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.
15.8 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.
18.3 Arbitration Clause.
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 firstname.lastname@example.org.
18.7 Intentionally Omitted.
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.
18.14 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.
18.18 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.