access to and use of JenZ Inc. d/b/a Home From College’s (“H\FC,” “we,” “us,” or “our”)
offerings and related services (“Student GIG Program”), which are accessible via our websites
and applications (collectively, the “Platform”). By accessing and using H\FC’s Platform, you
agree to comply with these Student Terms.
You may not use H\FC if you do not agree to the version of the Student Terms posted on the Platform at the time that you access H\FC.Please note:
These Student Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute. For more information, please review the “Dispute Resolution”
, 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 and participate in the Student GIG Program 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 or participating in the Student GIG Program 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 Student Terms and bind that entity; and (B) the execution, delivery and performance of the Student 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.
3. Relationship Between H\FC, Students, and Recruiters.
H\FC is used by both Students and Recruiters. Please note that while H\FC can match Students with Recruiters users to arrange internships, employments, or other relationships for various projects and services (“GIG Services”
), H\FC is purely an intermediary platform for Students and Recruiters to identify one another. To provide the GIG Services to Recruiters, you must execute a services contract directly with the Students you choose through the GIG Listing Program, in a form substantially similar to the sample Student-Recruiter form contract available here
(which may be in addition to any other documents you choose to execute with the Recruiter).
You acknowledge that H\FC does not supervise, direct, control or monitor your activities. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is 2 intended or created by these Student Terms, as between either H\FC and you, H\FC or the Recruiter, or the Recruiter and you. H\FC assumes no responsibility, and disclaims all liability for, the content, accuracy, completeness, legality, reliability, or availability of any job posting, career page, job solicitation, screener question, answer to screener question, resume information, or other content posted, sent, or received through H\FC.
The Platform may also permit Recruiters to send invites to prospective Students even if they have not applied to a GIG opportunity on the platform. Prospective Student users have the ability to ignore or dismiss an invite from a Recruiter. Only when a Student applies to a GIG they have been invited to, can the Recruiter and Student, connect through the Platform.
You understand that by creating an account on the Platform, Recruiters may communicate with you on the Platform, regarding potential GIG opportunities. You are solely responsible for your interactions with each applicable Recruiter and will exercise caution, discretion, common sense and judgment in performing the GIG Services and disclosing information to Recruiters, including under the Student Gig Program. For avoidance of doubt, Recruiters, and not H\FC, are solely responsible for ensuring Students have been provided the necessary notice and provided the necessary consent to invite Students to the Platform. You understand that H\FC does not screen or vet Recruiters, and that H\FC is not party to any agreement between you and a Recruiter. 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.
Through the Platform, H\FC provides you with an opportunity to provide GIG Services directly to Recruiters. From time to time, you may, at your discretion, agree to accept a request from a Recruiter to provide GIG Services that are described in a listing on your account on the Platform and you agree to perform such GIG Services consistent with the description that you included in your listing. You agree (i) that the performance of GIG Services to a Recruiter does not conflict with or violate a term of any agreement to which you are bound, (ii) to honor your commitments to Recruiters in connection with each GIG you agree to provide, and (iii) that you will only provide GIG Services for which you have the necessary skills and expertise.
You agree not to submit age, gender, marital status, sexual orientation, race, religion or health information to H\FC and the Platform.
H\FC reserves the right to publicize the successful placement of Students in connection with the Student GIG Program.
Nothing within these Student Terms may be construed as creating an employment relationship between H\FC and any Recruiter 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.
4. Account Creation and Security.
All information provided during the creation of your Student account with H\FC must be accurate to the best of your abilities. We reserve the right to terminate any account that was 3 created using, or which currently uses, false information which may deceive Recruiter users, or that we determine was created, or is being used for, purposes that violate these Student Terms.
Student 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, suspending accounts, or restricting certain activities or access on the Platform.
You understand that information of a confidential or secret nature about a Recruiter may be disclosed to you in connection with GIG Services, including, but not limited to, product plans, business strategies and financial information (collectively, “Recruiter Confidential Information”
6. Use of H\FC Platform.
You represent and warrant that you will use H\FC solely for lawful purposes in a manner consistent with these Student 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 any text, files, documents, graphics, images, music, software, audio and video content (collectively, “Student Content”) that is posted through your Student account on the Platform. You agree that by submitting or authorizing Student Content for use on the Platform, you have reviewed and understood these Student Terms. You understand that you may be liable if Student 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 an employer;
- 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 Student Content when you do not own or have the right to post such content in accordance with these Student Terms;
- Violate these Student Terms, the terms of your agreements with us, or any applicable law, rule or regulation;
- Post Student 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, nondisclosure 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 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 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 Student Content) without our express written permission;
- Copy or use the information, content (excluding Student 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 Student Content) posted on the Platform 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.
7. Rights to H\FC Content.
H\FC 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, nonsublicensable license under the intellectual property rights licensable by us to download, view, copy, and print content from H\FC solely for your personal use in connection with using H\FC and the Platform. Except as provided in the foregoing, you agree not to: (1) 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 Student Content) on the Platform; or (2) rent, lease, loan, or sell access to H\FC. H\FC, HOME FROM COLLEGE, and other marks and logos appearing on H\FC 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.
8. Rights to Student Content.
By submitting or authorizing us to display Student 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) 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 in connection with the operation of the Platform and to the extent required for you to use the Platform and participate in the GIG Listing Program.
9. Deliverables; IP Ownership.
Without limiting the license in Section 8, you agree that any tangible deliverables or materials, whether uploaded to the Platform or not, and all intellectual property rights therein created by you, alone or jointly with others, created exclusively for Recruiter (excluding your confidential information) pursuant to a GIG Service (collectively,“Deliverables”
) is, to the maximum extent permitted by law, the property of Recruiter. You hereby irrevocably transfer and assign and agree to irrevocably transfer and assign all intellectual property rights and other ownership rights therein to H\FC. Consequently, H\FC hereby irrevocably transfers and assigns and agrees to irrevocably transfer and assign all intellectual property rights and other ownership rights to such Recruiter. You also agree to assist and cooperate with that Recruiter in all respects to obtain and enforce patents, copyrights, trade secret rights and other legal protections for those contributions you make in connection with GIG Services and will execute any documents that H\FC or the Recruiter may reasonably request and take such further acts reasonably requested by H\FC or the Recruiter to perfect those rights.
Your or your licensors retain ownership of any tangible deliverables or materials and all intellectual property rights therein that are not Deliverables, including any items owned by you or your licensors prior to the date of the applicable GIG Service or which are developed independently by you outside the scope of the applicable GIG Service (“Background IP”
). You hereby grant 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 the applicable Recruiter 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 to the applicable Recruiter for the applicable Recruiter 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 Recruiters, provided that nothing shall prohibit H\FC from using any content necessary to operate or provide the Platform or Student GIG Program. Notwithstanding the foregoing, you are solely responsible for all Deliverables shared on your social media accounts or otherwise in connection with the GIG Services and Deliverables you provide to Recruiters. You represent and warrant: all posts you make based on an agreement with a Recruiter: (a) will be in compliance with all applicable laws, rules and guides (such as FTC’s Guide Concerning Sponsored Endorsements
and any other FTC guides for creators and influencers, as applicable); (b) will have all necessary intellectual property and other rights for such use; and (c) will not infringe the rights of any third party.
10. Payment Terms.
While we provide access to the Platform to you for free, you are responsible for all costs incurred by you in using the Platform (including performing GIG Services) and accurately determining, collecting, reporting and paying all applicable state and federal sales, income and other taxes. You agree to exclusively use the Platform in connection with receiving payments from Recruiters for GIGs.
You shall indemnify and defend us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the “H\FC Group”
) from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, made by any third party due to or otherwise arising from your use of H\FC or the Platform, including due to or arising from your breach of any provision of these Student Terms. H\FC agrees to indemnify and defend you from any loss, liability, or damages, including reasonable attorneys’ fees and costs, arising out of 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 Student Terms infringes a U.S. copyright of a third person.
12. Warranty Disclaimer and Limitation of Liability.
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, payment processing tools including but not limited to Stripe), and other users, or (2) your use of H\FC, the Platform, participation in the Student GIG Program, or 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 OR PARTICIPATION IN THE STUDENT GIG PROGRAM, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED 8 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 OR PARTICIPATION IN THE STUDENT GIG (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), THE RECRUITERS OR OPPORTUNITIES UNDER THE STUDENT GIG PROGRAM 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, PERFORMANCE OF THE GIG OR REFERRAL OF A CANDIDATE UNDER THE STUDENT GIG PROGRAM IS EACH AT YOUR SOLE RISK AND DISCRETION.
13. Enforcement by H\FC 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) that we believe, in our sole discretion, violates these Student Terms or other applicable policies posted on the Platform or by H\FC, 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 Student Terms or any agreement that we have with you. Notwithstanding the 9 foregoing, H\FC will remove all Student Content from the Platform upon any termination by you of your use of the 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 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 Student 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.
14. Term and Termination.
These Student Terms remain in effect while you use H\FC or 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.
Subject to applicable law, all provisions of these Student Terms shall survive termination or expiration of these Student Terms except those provisions granting access to or use of H\FC and the Platform and any licenses that you have granted us to Student Content. For the avoidance of doubt, you agree that these Student 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 Student Terms.
15. Dispute Resolution. YOU AND H\FC AGREE THAT EACH MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATITIVE PROCEEDING
. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void. Governing Law
. These Student 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 Student Terms or your access to or use of H\FC or the Platform (“Disputes”
), shall be governed by the laws of the State of Delaware, and brought in the appropriate state or federal courts in Delaware. Agreement to Arbitrate
. You and H\FC each agree that any and all Disputes between users of H\FC and the Platform and H\FC arising under or related in any way to these Student Terms or such users’ use of H\FC or the Platform must be resolved through binding, individual arbitration
and not in a class, representative or consolidated action or proceeding as described in this section will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding.
You and H\FC agree that you and H\FC are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Student Terms. Limited Exceptions
. The limited exceptions to the Agreement to Arbitrate are as follows: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.Informal Dispute Resolution
. If either of us intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. If you have an account on the Platform, notice to you will be sent to the email address associated with your account. The notice of dispute (“Notice”
) must (a) describe the nature and basis of the Dispute; and (b) set forth the specific relief sought. If H\FC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or H\FC may commence formal proceeding.Arbitration Procedure
. The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), if applicable, as modified by this section. The AAA’s rules and a form for initiating the proceeding are available at www.adr.org
. Except for the Disputes described in the “Limited Exceptions” section, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.Severability
. With the exception of any of the provisions in the first paragraph of this Section 13 of these Student Terms (“Class Action Waiver”
), if an arbitrator or court of competent jurisdiction decides that any part of these Student Terms is invalid or unenforceable, the other parts of these Student Terms will still apply
16. General Provisions.
These Student Terms constitute the entire agreement between you and us regarding the use of H\FC and the Platform, and these Student Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Student 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 this agreement. Our failure to exercise or enforce any right or provision of the Student Terms shall 11 not operate as a waiver of such right or provision. If any provision of the Student 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 Student Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of these Student Terms are binding, and the translations are provided for convenience only. The Student 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 Student Terms and be void. The section titles in the Student Terms are for convenience only and have no legal or contractual effect. As used in the Student Terms, the word “including” means “including but not limited to.”
You can contact us by email at firstname.lastname@example.org