TERMS OF USE FOR CLIENTS
These Terms of Use For Clients (the "Client Client Terms") govern the access and use by client users ("you," "your," or "Client(s)") of JenZ Inc. d/b/a Home From College's ("H\FC," "we," "us," or "our") "GIG" offerings and related services ("Student GIG Program"), which are accessible via our websites and applications ("Platform"). By accessing and using the Platform, you, as a Client user, agree to comply with these Client Terms.
If you are a student user ("Student") utilizing the Platform, these Client Terms do not apply to you. Instead, please refer to separate Terms of Use for Students.
You may not use H\FC if you do not agree to the version of the Client Terms provided by H\FC at the time that you access the Platform.
Please review our Privacy Policy, which also governs your use and access of the Platform, for information on how we collect, use, and share your information.
You may use the Platform only if you (i) in your capacity as an individual (A) are capable of forming a binding contract with H\FC, and (B) are not otherwise barred from using the Platform under applicable law; and/or (ii) in your capacity as a representative of an entity (A) have full power and authority to enter into the Client Terms and bind that entity; and (B) the execution, delivery and performance of the Client Terms have been duly authorized by all necessary actions and do not violate the applicable entity's organizational documents.
You may not use H\FC if we have terminated your account or banned you.
H\FC is a marketplace where Clients and Students can identify each other and enter into agreements for Students to perform services for Clients ("GIGs" or "GIG Services"). H\FC is purely an intermediary platform for Students and Clients to identify one another. H\FC does not employ or otherwise engage Students to perform GIG Services or any other services.
You acknowledge that H\FC does not supervise, direct, control, or monitor the Students in the performance of any contractual obligations they may have related to the GIG Services. You further acknowledge that no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Client Terms, as between either H\FC and you, H\FC and the Student, or the Student and you.
H\FC provides you with an opportunity to publicly publish GIGs on the Platform ("GIG Listing Program") or engage a Student on an individual basis for a GIG. For each GIG listed through the GIG Listing Program, you must (i) comply with your payment obligations described herein;
(ii) execute a service contract with the Students you choose through the GIG Listing Program in a form substantially similar to the sample Student-Client form contract available here (which may be in addition to any other documents you choose to execute with Student) (the “Services Contract”); and (iii) complete any other information or fields requested by H\FC. Regardless of whether you choose to use the sample Student-Client form made available by H\FC or your own form substantially similar to the Student-Client form, H\FC shall be not liable nor named as a participating party in the Student-Client contract.
The Platform may also allow you to forward or share GIGs with prospective Students, even if they have not created an account on the Platform. An invite to a Students does not imply a connection with the Students. These prospective Students can ignore or dismiss an invite from you. Only when a Student applies to a GIG they have been invited to, can you and the Student, connect through the Platform.
You are solely responsible for your interactions with each applicable Student, and will exercise caution, discretion, common sense and judgment in communicating with the Students and disclosing information to them, including under the GIG Listing Program, in using the on-platform Messenger and participating in the GIG Listing Program. For the avoidance of doubt, you are solely responsible for ensuring you have provided the necessary notices and received necessary consents to invite prospective Students to the Platform. You understand that H\FC does not screen or vet Students (or Student-referred candidates under the GIG Listing Program) and H\FC is not party to any agreement between you and a Student.
You will have the opportunity to decide whether to engage any such Student to provide GIG Services. If a Client and a Student decide to enter into a Services Contract, it is a contractual relationship directly between the Client and the Student; H\FC is not responsible for and is not a party to any Services Contract. Under no circumstances will any Services Contract create (i) an employment relationship between H\FC and a Client or H\FC and a Student, or (ii) an independent contractor relationship between H\FC and a Student.
Neither Client or H\FC will seek a Student’s salary history, or share this information even if it is voluntarily provided by a Student, unless permission is expressly granted by a Student, regardless of the state or locality of the candidate.
H\FC reserves the right to publicize the successful placement of Students with Clients in connection with the GIG Listing Program.
H\FC assumes no responsibility, and disclaims all liability for, the content, accuracy, completeness, legality, reliability, or availability of any GIGs posting, career page, GIGs solicitation, screener question, answer to screener question, resume information, or other content posted, sent, or received through H\FC.
You are solely responsible for your interactions with other users, and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of the Platform. We are not responsible for any incorrect, inaccurate, or unlawful materials or content (including any information in profiles) posted on the Platform.
Nothing within these Client Terms may be construed as creating an employment relationship between H/FC and any Client or Student. You understand and agree that neither access to H/FC nor the posting of GIGs on H/FC creates any entitlement to compensation, options, stock, or other rights or benefits accorded to H/FC's employees, and you waive any right to them.
Any and all Student Compensation (as defined below) that H\FC collects from Client users is solely as a pass through to the Students and is paid automatically and instantaneously. H\FC has no fiduciary responsibility or money management responsibility over Student Compensation, and is solely collecting Monthly Subscription Fees (as defined below), Service Fees (as defined below), and any other Platform-related fees (as discussed below).
All information provided during the creation of your Client account with H/FC must be accurate to the best of your abilities. We reserve the right to terminate any account that was created using, or which currently uses, false information which may deceive Student users, or that we determine was created, or is being used for, purposes that violate these Client Terms.
Client users should safeguard their account identification and sign-in information and take reasonable steps to prevent access to your account by other persons or companies. If we believe that your account has been compromised, then we may take steps to protect you and H\FC through actions which may include resetting account passwords, cancelling subscriptions, suspending accounts, or restricting certain activities or access on the Platform.
You represent and warrant that you will use H\FC and the Platform solely for lawful purposes in a manner consistent with these Client Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have with us and any third parties. You are solely responsible for any and all text, files, documents, graphics, images, music, software, audio and video content (collectively, "Client Content") that is posted through your Client account on the Platform. You agree that by submitting or authorizing Client Content for use on the Platform, you have reviewed and understood these Client Terms. You understand that you may be liable if Client Content or other use of H\FC or the Platform violates applicable law or any third-party right.
You agree that you will not:
Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with a Client;
Create user accounts under false or fraudulent pretenses, create or use an account for anyone other than yourself, or create multiple active user accounts to post multiple reviews for the same company;
Post Client Content when do not own or have the right to post such content in accordance with these Client Terms;
Violate these Client Terms, the terms of your agreements with us, or any applicable law, rule or regulation;
Post Client Content when such content is defamatory, libelous, or fraudulent; you know such content to be false or misleading; or such content does not reflect your honest opinion and experience;
Act in a manner that is harassing, threatening, abusive, racist, bigoted, or is otherwise objectionable (as determined by H\FC);
Promote, endorse, or further illegal activities;
Disclose information in violation of any legally enforceable confidentiality, non disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third party;
Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;
Solicit personally identifying information from minors;
Except as expressly approved by us, and subject to applicable laws, use H\FC or the Platform for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, or other forms of solicitation;
Imply a H\FC endorsement or partnership of any kind without our express written permission;
Send messages in violation of the USA CAN-SPAM Act or any other applicable antispam law·
Introduce software or automated agents to H\FC or the Platform, or access H\FC or the Platform so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from H\FC or the Platform without our express written permission;
"Frame" or "mirror" or otherwise incorporate part of H\FC or the Platform into any website, or "deep-link" to any portion of H\FC or the Platform without our express written permission.
Reproduce, distribute, copy, modify, or create derivative works of H\FC or the Platform or any content on the Platform (excluding Client Content) without our express written permission;
Copy or use the information, content, or data on the Platform in connection with a competitive service, as determined by H\FC;
Sell, resell, rent, lease, loan, trade, or otherwise monetize access to H\FC or the Platform or any content (excluding Client Content) without our express written permission;
Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of H\FC or the Platform;
Interfere with, disrupt, or create an undue burden on H\FC or the Platform or the networks or services connected to H\FC or the Platform; or
Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to H\FC or the Platform or attempt to circumvent any security feature of H\FC or the Platform.
The Platform contains content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the content we each provide, and H\FC owns and retains all property rights in the Platform (including all intellectual property). If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy, and print content from H\FC solely in connection with using H\FC and the Platform. Except as provided in the foregoing, you agree not to: (7) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on H\FC or the Platform or the content (excluding Client Content) on the Platform; or (2) rent, lease, loan, or sell access to H\FC, HOME FROM COLLEGE, and other marks and logos appearing on the Platform that are trademarks of H\FC. The trademarks, logos, and service marks ("Marks") displayed on the Platform are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.
We do not claim ownership in any Client Content that you submit or authorize for use to H\FC, but you grant us the rights to use such Client Content as set forth below. By submitting or authorizing us to display Client Content on the Platform, you hereby grant to us a limited, non-exclusive, fully-paid and royalty-free, non-transferable license (with the right to sublicense solely to H\FC's service providers providing the Platform and services) to use, copy, perform, display, create derivative works of, reproduce, adapt, and distribute such content in any and all media (now known or later developed) solely to the extent required for you to use the Platform and participate in the GIG Listing Program.
Without limiting the license in Section 8, any tangible deliverables or materials and all intellectual property rights therein created by a Student, alone or jointly with others, exclusively for you (excluding Student Confidential Information), whether uploaded to the Platform or not, pursuant to a GIG (collectively, "Deliverables") is, to the maximum extent permitted by law, your property. Under H\FC's Terms of Use with Students, Student irrevocably transfers and assigns and agrees to irrevocably transfer and assign all intellectual property rights and other ownership rights in the Deliverables to Client. Consequently, H\FC hereby irrevocably transfers and assigns and agrees to irrevocably transfer and assign all intellectual property rights and other ownership rights in the Deliverables to Client.
Student or its licensors retain(s) ownership of any tangible deliverables or materials and all intellectual property rights therein that are not Deliverables, including any items owned by Student or its licensors prior to the date of the applicable GIG or which are developed independently by Student outside the scope of the applicable GIG ("Background IP"). Under H\FC's Terms of Use with Students, Student grants to H\FC a non-exclusive, royalty-free, fully paid perpetual, irrevocable, worldwide right and license, under and to the Background IP incorporated in or otherwise necessary to use a Deliverable solely for the purpose of sublicensing such Background IP to you to use such Deliverable. Consequently, H\FC hereby grants a non-exclusive, royalty-free, fully paid perpetual, irrevocable, worldwide right and license, under and to such Background IP for Client to use such Deliverable.
You understand that the provisions governing ownership of Deliverables in this Section 9 are subject to, and may be modified by your agreement with Students, provided that nothing shall prohibit H\FC from using any content necessary to operate or provide the Platform and Student GIG Program. Notwithstanding the foregoing, H\FC shall not be responsible for Deliverables shared by Students on Student's social media accounts or otherwise in connection with the GIG Services provided to Client.
Notwithstanding the foregoing, H\FC shall not be responsible for Deliverables shared by Students on Student's social media accounts or otherwise in connection with the GIG Services provided to Client. In the event that Student users publicly post, and subsequently remove, alter or edit their public post, H\FC shall not be responsible for those changes or removals and shall not held liable in any way in the event that those changes or removals cause damages, cost or inconvenience. H\FC shall not be responsible for content uploaded to the H\FC platform, whether in the Content Upload modal or other. In the event that content on the H\FC platform is edited or removed by the user, company or for any other reason, including technical, system or hosting failures, H\FC shall not be responsible for the content and will not be liable for any damages that result from loss or changes in content.
General Payment Terms.
When you make a payment on the Platform (each, a "Transaction"), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non- refundable and non-transferable except as expressly provided in the Client Terms. All fees and applicable taxes, if any, are payable in United States dollars.
Subject to applicable law, you agree to use the Platform to make all payments for work directly to Students that have been accepted to a GIG you have listed on the Platform. In the event that you circumvent the Platform to pay any Student from the H\FC community for work performed, whether for such listed GIGs, or any other work, using a different method than the Platform, H\FC reserves the right, in its sole discretion, to charge you a $2,500 "buy-out" fee within thirty (30) calendar days of the date you connected with the Student through the Platform. For the avoidance of doubt, a $2,500 "buy-out" fee is due and payable on per Student that the Client makes any sort of off-platform payment to, whether the engagement between Student and Company relates to duties or responsibilities in a listed GIG or not. The buy-out fee is directly connected to the Student, not to the GIG description or tasks.
In the event that a Client hires or converts a Student they connected with on platform to an employee, an invoice for 20% (the "Conversation to FTE Fee") of the Student’s First Year of Gross Wages (as defined below) will be due and payable within 30 days of hiring or conversion. "First Year of Gross Wages" means in regards to employment, the total starting cash salary planned (in signed offer letter) to be given to the Student during the first year of employment. Client is obligated to notify H\FC through info@homefromcollege.com before or within 5 days of conversion or the offer letter is signed. In the event that the Client does not notify H\FC, H\FC reserves the right to invoice or charge payment method on file in the amount of $20,000 as a "Conversion to FTE Fee." The Conversion to FTE Fee will be charged with 5 business of H\FC discovering that the Client has converted or hired a Student connected with through the H\FC platform, without payment of the Conversion to FTE Fee.
You are responsible for all bank fees related to any transactions or failed transactions (e.g. chargebacks from your bank or credit card provider) initiated by you, including any domestic or international transaction fees.
If you fail to pay any Student Compensation, Monthly Subscription Fees or Service Fees (each as defined below) when due, late charges will accrue at the rate of 1.5% per month or, if lower, the highest rate permitted by applicable law and H\FC may suspend your access to the Platform until all payments are made in full. All Service Fees and Monthly Subscription Fees on the Platform are final and non-refundable.
To list GIGs on the H/FC platform, you must choose from one of H/FC's monthly subscription options (each a "Monthly Subscription Plan" or “Monthly Subscription”). Further details on the Monthly Subscription options and the related fees can be found below:
In the event of purchasing the Starter Plan, the purchase provides the right to list unlimited GIGs on the H/FC platform in any 30-day period. The Starter Plan allows for up to 5 Student placements across any and all programs.
In the event of purchasing the Growth Plan, the purchase provides the right to list unlimited GIGs on the H/FC platform in any 30-day period. The Growth Plan allows for up to 10 Student placements across any and all programs.
In the event of purchasing the Scale Plan, the purchase provides the right to list unlimited GIGs on the H/FC platform in any 30-day period. The Scale Plan allows for unlimited Student placements across any and all programs. A per Accept fee will be charged on every student above and beyond 10 Student placements.
In the event of purchasing the Enterprise Plan, the purchase provides the right to run custom programs on the H\FC platform. Please reach out directly to info@homefromcollege.com to enroll in our Enterprise Plan. In the event Client enrolls in a Enterprise Plan, Client will be bound by the Client Terms in addition to a separate partnership agreement which will be entered into between H\FC and Client. Unless otherwise agreed to by H/FC and Client in no event shall such partnership agreement supersede the Client Terms.
The fees for each Monthly Subscriptions can be found at
https://homefromcollege.com/company/pricing ("Monthly Subscription Fees").
When you purchase a Monthly Subscription, you will be charged the Monthly Subscription Fee, plus any applicable taxes, and other charges at the beginning of your Monthly Subscription and each month thereafter, at the then-current Monthly Subscription Fee based on the tier of plan you choose. BY PURCHASING A MONTHLY SUBSCRIPTION, YOU AUTHORIZE H\FC TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Monthly Subscription, we (or our third-party payment processor) will automatically charge you monthly from the commencement of your Monthly Subscription, using the payment information you have provided until you cancel your Monthly Subscription. By agreeing to these Client Terms and electing to purchase a Monthly Subscription, you acknowledge that your Monthly Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Monthly Subscription by you or H\FC. Your Monthly Subscription continues until cancelled by you or we terminate your access to or use of the Platform or Monthly Subscription in accordance with these Client Terms.
While you are not required to post a GIG at the time of payment, you should post a GIG within the billing period of your Monthly Subscription because the number of GIGs you are able to post under your Monthly Subscription will not rollover to the next billing period. The following terms apply once you post a GIG:
Once a GIG is posted, it is live for 30 days.
Once a GIG has been posted for 30 days, the GIG is deactivated.
As soon as a Client has accepted their first Student, the GIG becomes a live program, allowing Students to submit time and notes, and Clients to be invoiced.
Once a GIG has been deactivated for 7 days, all Students that have not been messaged by the listing Client are to receive a notification email of non-placement.
You will receive notifications for Student applications received, as well as reminders when their GIGs are about to expire.
By purchasing any Monthly Subscription, you agree to pay and be charged for any and all compensation due and payable to Students retained by you in connection with the GIG(s) posted by you ("Student Compensation"). H\FC shall issue IRS Forms 1099-MISC to Students for all Student Compensation received by Students, and where such compensation meets or exceeds applicable IRS reporting minimums. This service does not establish or imply, and should not be construed as creating, a service provider or other relationship between H\FC and the Students.
Whichever Monthly Subscription you choose, you agree to pay an additional service fee in an amount that totals 20% of the Student Compensation for the GIG ("Service Fees"). Client will receive an invoice, which includes both Student Compensation and the Service Fee at the end of every thirty (30) day period from the applicable GIG start date. In the event that Student Compensation plus Service Fees totals to less than $5,000, Student Compensation plus Service Fees will be automatically charged to the credit card on file, if available.
For the avoidance of doubt, Service Fees and Student Compensation are invoiced separate from the H\FC Monthly Subscription Fees. Under no circumstances shall the Monthly Subscription Fee cover Student Compensation or Service Fees.
Client has the ability and right to review and reject any hours through the due date listed within the GIG portal for that specific GIG. Time submitted and resulting charges will be charged on the due date listed, if they are not rejected in the time tracker. Once an invoice is processed, there are no refunds, and H\FC will not be responsible for any payment issues, disputes or inadvertent payments. Given that Clients have the ability to review and reject charges before they are charged, Student Compensation processed payments are considered final.
You can cancel your Monthly Subscription Plan at any time. In the event of cancellation of the Monthly Subscription Plan, access to the Platform will extend until the next billing date. All Student Compensation and Service Fees will be invoiced on the next billing date and submitted to the Client by invoice. All Student Compensation through the final billing date will be included in the final invoice.
We note that H/FC is a platform intended for all Students, regardless of race, gender, identity, sexual orientation, ethnicity, nationality, color, immigration status, social and economic class, political or religious beliefs, and mental or physical ability. Client users are prohibited from posting GIGs which may discriminate based on these, or any other criteria, which does not comport with providing equal opportunities for Student users of all backgrounds.
You shall indemnify and defend us, our affiliates, our subsidiaries and our and their respective officers, directors, employees, representatives, agents, successors and assigns (collectively, the "H\FC Group") from any and all losses, liabilities, claims, or demands, including reasonable attorneys' fees and costs, arising from or relating to any claim, suit, proceeding, administrative investigation or enforcement action, demand or action (i) brought by any Student or third party relating to your and/or Student use of H\FC and the Platform, including your breach of any provision of these Client Terms, or any claim of misclassification of Students as independent contractors. H\FC agrees to indemnify and defend you from any and all losses, liabilities, claims, or demands, including reasonable attorneys' fees and costs, arising from or relating to any claim, suit, proceeding, demand or action brought by any third-party claim that the Platform (excluding, for the avoidance of doubt, any Student GIG Service or Deliverable), or your use thereof in accordance with these Client Terms infringes a U.S. copyright of a third person.
The disclaimers and limitations of liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
Any emails or email notifications corresponding with any activity on the Platform, or any other communications service, product, or feature provided on or through H\FC, are provided solely as a courtesy. H\FC disclaims all warranties with regard to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.
The Platform may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
You hereby release the H\FC Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arise from: (1) the actions, content, or data of third parties (including advertisers and other users), or (2) your use of H\FC and the Platform, and participation in any offline events.
IN NO EVENT SHALL H\FC GROUP BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT H\FC GROUP'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
You acknowledge that you are familiar with the provisions of Section 1542 of the California Civil Code, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY." You hereby expressly waive and relinquish all rights and benefits under Section 1542 of the California Civil Code and any law or legal principle of similar effect in any jurisdiction with respect to the releases and/or discharges granted herein, including but not limited to the releases and/or discharges of unknown claims.
THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE PLATFORM (INCLUDING ANY CONNECTIONS MADE OR SUGGESTED UNDER THE PLATFORM), STUDENTS OR PLACEMENTS MADE THROUGH THE PLATFORM WILL MEET OR SATISFY YOUR EXPECTATIONS, ASSUMPTIONS OR REQUIREMENTS OR THAT THE PLATFORM WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON OR ASSOCIATED WITH THE PLATFORM. YOUR USE OF THE PLATFORM OR REFERRAL OF A CANDIDATE UNDER THE STUDENT GIG PROGRAM IS EACH AT YOUR SOLE RISK AND DISCRETION.
Removal of Content. While H\FC has no obligation to do so, H\FC reserves the right to review and delete any content (or portion thereof) for any or no reason, including content that we believe, in our sole discretion, violates these Client Terms or other applicable policies posted on the Platform, or that we deem, in our sole discretion, inappropriate. If you see any content on the Platform that you believe violates our policies, you may report that content by clicking on any available link adjacent to that content (e.g. links titled: "Inappropriate" or "Flag Review") or by contacting us via the methods below. Once notified, we will review the content and consider whether to remove it (or a portion thereof). Please note: our interpretation of our policies and the decision whether or not to edit or remove content is within our sole discretion. You understand and agree that if we choose not to remove or edit content that you find objectionable, that decision will not constitute a violation of these Client Terms or any agreement we have with you. Notwithstanding the foregoing, H\FC will remove your Client Content upon any termination by you of your use of our Platform.
DMCA/Copyright Policy. H\FC respects copyright law and expects its users to do the same. It is H\FC's policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see H\FC's DMCA/Copyright Policy at here, for further information.
Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action, in our sole discretion, against you if you violate these Client Terms, including without limitation: removing content (or portions thereof) from H\FC; suspending your rights to use H\FC; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
These Client Terms remain in effect while you use H\FC or for as long as you retain an account with H\FC. You may delete your account at any time. We may suspend or terminate your account or your access to parts of the Platform, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
All provisions of these Client Terms shall survive termination or expiration of these Client Terms except those provisions granting access to or use of H\FC and the Platform and any licenses that you have granted us to Client Content. For the avoidance of doubt, you agree that these Client Terms apply to your use of H\FC and the Platform, and any content posted on the Platform at any time prior to the termination or expiration of these Client Terms.
These Client Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Client Terms or your access to or use of H\FC and the Platform shall be governed by the laws of the State of Delaware, and brought in the appropriate state or federal courts in Delaware, without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. You agree to submit to the above governing law and venue provisions.
These Client Terms constitute the entire agreement between you and us regarding the use of H\FC and the Platform, and these Client Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Client Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into the Client Terms.
Our failure to exercise or enforce any right or provision of the Client Terms shall not operate as a waiver of such right or provision. If any provision of the Client Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Client Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of these Client Terms are binding and the translations are provided for convenience only.
The Client Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with H\FC's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Client Terms and be void. H\FC may freely assign these Client Terms.
The section titles in the Client Terms are for convenience only and have no legal or contractual effect. As used in these Client Terms, the word "including" means "including but not limited to."
You can contact us by email at info@homefromcollege.com