Last updated : December 2019
As always, if you have any questions or concerns about our handling of your personal information, you may contact our privacy officer at email@example.com.
PopSchools, Inc. (“PopSchools”) provides online services through which individuals seeking global career development and employment opportunities in high-demand fields in Tech can 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) and attract supportive donors and mentors through tax-free deductible contributions.
PopSchools also offers online service opportunities for work through Tech Job Placements. Tech Talent/s“Popriser/s” can efficiently and effectively interview with prospective employers and recruitment companies seeking to hire Tech employees and independent contractors.
In addition, PopSchools offers earn as you learn style Tech apprenticeships for Poprisers to gain practical work experience.
Lastly, PopSchools features a supportive global community and ecosystem which fosters, accountability and mentorship support so Poprisers and their peers can collaborate, network and gain a more engaging experiences.
3. Poprisers Obligation
4. PopSchools Services – What are the PopSchools Services?
5. Pricing, Payments, and Billing – How and when will I be billed for PopSchools Services?
6. Customer Conduct
7 .Objectionable Content – What if I find content to be objectionable?
8. Intellectual Property
9. DMCA Policy
10. Debt Free ISA Campaign
11. Resale of Services
13. Reserved for Future Use
14. Disclaimer of Warranties
15. Third Party Links and Products
16. Limitations of Liability
17. Exclusions and Limitations
18. 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, hire.li, and any of our other websites that may be used from time to time.
(C) As otherwise required by law.
3. Poprisers 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 student/professional “Tech Talent or Popriser”, seeking a Debt-Free ISA grant for career related expenses, Tech job, Tech apprenticeship, or Tech career advice, as an employer or recruiter looking for exciting new talent, or as a Sponsor or mentor paying it forward both in cash and in kind. You agree not to misrepresent any information about yourself 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, or employer, to comply with campaign finance disclosure laws and to provide our philanthropic sponsor organizations with a list of sponsorees. 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.
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. 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.
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 Sponsors, employers & recruiters around the world. As a rule of thumb, keep your content and communications on PopSchools professional. Specifically, you are not allowed to post any violent, nude, discriminatory, hateful, or sexually suggestive photos or other similar content via the Service. 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 Career Services.
4.1 PopSchools, Inc. (“PopSchools”) provides online services through which individuals seeking global career development and employment opportunities in high-demand fields in Tech can 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) and attract supportive donors and mentors through tax-free deductible contributions. Individuals can also seek employment or apprenticeships efficiently and effectively through online interviews with employers and recruitment companies seeking to hire employees, apprentices and independent contractors. PopSchools also offers a community where individuals can connect with mentors and tap into peer learning and mentorship.
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 or apprenticeship 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 Guarantees of Employment or Apprenticeships
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 or an apprenticeship, PopSchools makes no guarantees or representations as to the satisfaction of such employment or apprenticeship.
Additionally, PopSchools does not guarantee that any individual or entity will find employment, apprenticeships or an employee or apprentice through PopSchools Services.
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 processor of data for employers and/or Recruiter companies (the data controllers), will send the employers and/or Recruiter companies the request to approve or deny. We do this for a number of reasons. To begin with, the employer and/or Recruiter company controls the data PopSchools processes on its behalf. Although you may provide information through our PopSchools Services, you do so at the invitation of an employer and/or Recruiter company. Moreover, the employer and/or Recruiter company may be subject to laws that require retention of certain information. Finally, for purposes here, the primary relationship governing the content and data exists between you and the respective employer and/or Recruiter company. If the employer and/or Recruiter company approves the request, we shall comply with the request. If the data controller denies the request, we shall inform the Popriser and provide information on how to proceed further with the employer and/or Recruiter company.
Where an employer or Recruiter customer deletes its account, your content and/or data accessible to and/or stored with the account for such employer or Recruiter customer may be deleted. The employer and/or Recruiter customer retains the right to delete such content and data without notice to you.
5. Pricing, Payments, and Billing.
At present, PopSchools provides PopSchools Services to Tech Talent/Popriser Customers on a complimentary basis at no charge (PopSchools does bill its Employer Customers and Recruiting Customers and a small sponsor transaction fee for Sponsors ). There are, however, third-party costs such as credit card processing fees of 2.10% + 40 cents incurred by PopSchools and deducted from the Debt-Free ISAs on a transaction basis.
PopSchools foresees continuing this policy for the foreseeable future. However, PopSchools reserves the right to change its policy and pricing for any of the PopSchools Services at any time. Should PopSchools change any pricing, PopSchools shall provide its existing PopSchools Customers with at least thirty (30) days notice consistent with Section 18.17.
6.1 Lawful Purposes. PopSchools Services shall be used for lawful purposes only.
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.
6.4 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.
6.5 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;
(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.
6.6 Non-Solicitation for Popriser Apprentice Employers/Businesses
Poprisers agree not to solicit businesses or recruiters for personal hire by mail, phone, electronic communication, personal meeting, or any other means, either directly or indirectly, any business or contact 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 service. 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 seeking, inviting, encouraging or requesting any business contact met using our Services to propose any form of employment contract, contract for hire or off platform work agreement before first completing our Tech Apprenticeship program or without using our platform for Job placements. For individuals going through the Apprenticeship program, on completion, through the use of our Services, you will be eligible for hire at your place of Apprenticeship free of limitation.
6.7 You agree that you shall not use PopSchools Services for any of the following:
6.7.1 Intentionally or unintentionally violating any applicable local, state, national, or international law, or any rules or regulations thereunder;
6.7.2 Intentionally violating any intellectual property rights of a third party;
6.7.3 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;
6.7.4 Disseminating materials that are lewd, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by PopSchools in its sole discretion;
6.7.5 Posting or transmitting, or causing to be posted or transmitted, via the PopSchools Services any nudity;
6.7.6 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.
6.7.7 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.
6.7.8 Seeking to obtain private financial information from any Consumer;
6.7.9 To impersonate any other person;
6.7.10 To provide any false information;
6.7.11 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
6.7.12 Interfering with Popschools security measures.
6.7.13 Circumventing and/or violating any person’s privacy rights.
6.7.14 Attempting to engage in any prohibited conduct.
6.8 Should you believe that a PopSchools Customer or person has violated any of the foregoing prohibited uses in 6.7, you should immediately notify PopSchools via firstname.lastname@example.org.
6.10 You assume all liability for anything purchased using PopSchools Services through your Account, whether intended for you or for a third party.
6.11 Cancellation of Account.
To effectively cancel your Account, please contact us at email@example.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. The foregoing being said, some or all of your Content may remain accessible to employers and/or Recruiter companies with whom you have interacted.PopSchools is not responsible should an Account remain active if the cancellation procedure described above is not followed.
6.12 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 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.
6.13 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.
6.14 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 firstname.lastname@example.org.
8. Intellectual Property Rights
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 Profile Videos. You do not have any interest in any Video Interviews in which you participate. 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
8.4 Destruction of Materials.
8.5 Limited License.
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, 19 U.S.C. § 1140, which provides for civil and criminal penalties. Additionally, depending on the circumstances, such conduct could also violate the Electronic Communications Privacy Act, 19 U.S.C. § 2611, et eq. and the Stored Communications Act, 19 U.S.C. § 2801, 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 seeker 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 seeker content and information from that job seeker, PopSchools will forward the request to the employer or Recruiter company to process. Absent a court order or clear indication of applicable law, PopSchools will thereafter defer to and comply with the employer or Recruiter company direction. In so doing, however, PopSchools reserves the right to fully inform any job seeker of their respective rights and how to address such a dispute.
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 6.5(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:
61070 South Land Park Dr. #71010
Sacramento, CA 106922
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. Debt Free ISA Campaigns
PopSchools provides Poprisers with the opportunity to fundraise via an individual Debt-Free ISA campaign by soliciting financial contributions from donors “sponsors’ or to apply to pooled scholarship funds from the Pop Impact Fund.
By creating a Debt Free ISA campaign via the PopSchool’s crowdfunding system, you represent and warrant that:
- In order to apply to receive a Debt-Free ISA or any service you are required to register as a Popriser in PopSchools and complete all required user profile fields to complete your profile.
- You are fund raising or applying for a Debt-Free ISA for the purpose of paying for tuition, industry events, living obligations or travel expenses;
- You will use all the funds from the Debt-Free ISA for the purpose of paying for the specific related expenses listed in the campaign;
- You agree that donations made to your individual Debt-Free ISA campaign will be held by PopSchools until your campaign is completed, and payment directions are received by PopSchools.
- You understand and agree to disclose and share your career progression with the community and sponsors.
- You understand that the Debt-Free ISA campaign funds are tax-deductible and tax free for Poprisers. It is your responsibility to consider the necessary tax forms in your jurisdiction and to properly report, all donations and awards.
- You agree that PopSchools cannot make any guarantees regarding the number or amount of donor contributions made to the pooled Pop Impact fund or to Debt-Free ISA campaigns.
- You agree to indemnify, defend and hold PopSchool harmless from any liability for, or assessment of, any claims or penalties of any Debt-Free ISA campaign paid to PopSchools for your benefit.
- All Debt-Free ISA campaign awards are made in United States currency.
PopSchools will make its best efforts to distribute all funds received by PopSchool for your Debt-Free ISA campaign award (minus processing fees) to you within 6 business days.
PopSchool reserves the right to reject, cancel, interrupt, remove, or suspend a sDebt-Free ISA campaign at any time and for any reason. PopSchool is not liable for any damages as a result of any of those actions.
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.
You agree to indemnify and hold PopSchools (as defined in 16.1.5) 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;
(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. Reserved for Future Use
14. Disclaimer of Warranties
14.1 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.
14.2 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.
14.3 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.
14.4 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.
14.5 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.
14.6 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 NONDELIVERY 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.
14.7 THESE DISCLAIMERS APPLY TO ALL CONTENT SENT TO AND/OR FROM THE APPS, WEBSITE, AND/OR POPSCHOOLS SERVICES.
15. Third Party Links and Products
15.1 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.
15.2 POPSCHOOLS NEITHER MONITERS NOR HAS ANY CONTROL OVER SUCH THIRD PARTY WEBSITES, PRODUCTS, AND SERVICES.
15.3 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.
15.4 ANY CORRESPONDENCE OR BUSINESS TRANSACTIONS BETWEEN YOU AND SUCH THIRD PARTIES ARE SOLELY BETWEEN YOU AND ANY SUCH THIRD PARTY.
15.5 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.
15.6 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.
15.7 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.
16. Limitation of Liability
16.1 GENERAL TERMS. FOR EACH OF THE FOLLOWING LIMITATIONS OF LIABILITY, THE FOLLOWING TERMS SHALL APPLY:
16.1.1 “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.
16.1.2 “POPSCHOOLS” SHALL MEAN POPSCHOOLS; ITS SUBSIDIARIES; AND, ITS OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS.
16.1.3 “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.
16.1.4 THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF WHETHER CAUSED BY POPSCHOOLS OR ANY PART OF POPSCHOOLS AS DEFINED ABOVE.
16.1.5 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.
16.1.6 THESE LIMITATIONS OF LIABILITY APPLY EVEN IF POPSCHOOLS WAS ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES.
16.2 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.
16.3 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.
16.4 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.
16.5 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:
16.5.1 THE USE OF OR THE INABILITY TO USE THE POPSCHOOLS SERVICES;
16.5.2 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;
16.5.4 UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR DATA;
16.5.5 STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE POPSCHOOLS SERVICES;
16.5.6 THE DISCLOSURE OF ANY PARTY’S IDENTITY OR IDENTIFYING INFORMATION;
16.5.8 ANY OTHER MATTER RELATING TO THE POPSCHOOLS SERVICES.
16.6 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.
16.8 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-RECRUITING COMPANY) DEVELOPED, MODIFIED, OR TERMINATED BY USE OF THE APPS, WEBSITE AND/OR POPSCHOOLS SERVICES.
16.9 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.
16.10 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 RECRUITING CLIENTS. PARTICULARLY, POPSCHOOLS SHALL NOT BE LIABLE FOR ANY MISUSE OF ANY VIDEO CONTENT OR INFORMATION CONTAINED THEREON BY ANY RECRUITING CLIENTS.
16.11 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.
16.12.1 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 (4) THAT DEFECTS IN THE APPS, WEBSITE, AND/OR THE POPSCHOOLS SERVICES WILL BE CORRECTED.
16.12.2 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.
17.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 12, 14, 15, and 16 MAY NOT APPLY TO YOU.
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.
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 7 of our Privacy and Security Policy entitled Dispute Resolution. Should you have any questions, please contact us at email@example.com.
18.4 Class Actions Waived.
18.5 Entire Agreement.
18.9 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.
18.13 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 6.6 and Section 6.7 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.