emails, and mobile applications, if any ("H\FC"). By accessing and using H\FC,
you agree to comply with these Terms. If you are using H\FC on behalf of a company
or other legal entity, then "you" also means such company or legal entity, and you
agree to be bound by these Terms even if we have a separate agreement with you. You
may not use H\FC if you do not agree to the version of the Terms posted on H\FC
at the time that you access H\FC.
The terms "we" and "us" refer to JenZ Inc., a New York corporation.Please note:
These 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.
To access or use H\FC, you must be at least 16 years of age, or the age of majority in your jurisdiction if older, otherwise you may not access or use H\FC. You may not use H\FC if we have terminated your account or banned you.
2. H\FC is an Intermediary Platform Only.
H\FC is used by both student users and recruiter users. Please note that while H\FC can match student users with recruiter users to arrange internships, employments, or other relationships, H\FC is purely an intermediary platform for student users and recruiter users to identify one another. We are not responsible for any internship, employment, or other relationship which does or does not arise between any student user and recruiter user. The terms of any such relationship, and any obligations or liability which arise out of any such relationship, shall be solely between the student user and recruiter user.
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.
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 H\FC. We are not responsible for any incorrect, inaccurate, or unlawful materials or content (including any information in profiles) posted on H\FC.
3. Use of H\FC.
You represent and warrant that you will use H\FC solely for lawful purposes in a manner consistent with these 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 content (“Your Content”) that is posted through your account on H\FC. You agree that by submitting or authorizing Your Content for use on H\FC, you have reviewed and understood these Terms. You understand that you may be liable if Your Content or other use of H\FC 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 content that you do not own or have the right to post in accordance with the license set forth in these Terms;
- Violate these Terms, the terms of your agreements with us, or any applicable law, rule or regulation;
- Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that 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 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 anti-spam law;
- Introduce software or automated agents to H\FC, or access H\FC so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from H\FC without our express written permission;
- "Frame" or "mirror" or otherwise incorporate part of H\FC into any website, or "deep-link" to any portion of H\FC without our express written permission.
- Reproduce, distribute, copy, modify, or create derivative works of H\FC or any content on H\FC (excluding Your Content) without our express written permission);
- Copy or use the information, content (excluding Your Content), or data on H\FC 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 any content (excluding Your Content) without our express written permission;
- Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of H\FC;
- Interfere with, disrupt, or create an undue burden on H\FC or the networks or services connected to H\FC;
- Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to H\FC, or attempt to circumvent any security feature of H\FC.
4. Recruiter Use of H\FC.
You agree that H\FC may, at its sole discretion, remove or prevent the posting of any position ad for any or no reason.
- Does not comply with the applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access, and use and intellectual property;
- Contains false information or solicits employees by intentional misrepresentation, such as, misrepresentation of the terms of employment, the hiring entity, or the identity of the poster;
- Requires an application fee or up-front or periodic payments, franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement, or only pays commissions (except where the listing makes clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling);
- Involves any screening requirement where such screening requirement is not an actual and legal requirement of the advertised position;
- Contains any logo or brands, or link to any website, other than your own or those of any entity for which you are authorized to submit job ads;
- Does not comply with Title VII of the Civil Rights Act or the EEOC's Enforcement Guidance on Employer's Consideration of Arrest and Conviction Records in Employment Decisions , and relevant state and local laws that prohibit employers from discriminating against people with criminal backgrounds and require employers to delay inquiry into an applicant's criminal history until later in the hiring process.
- Discriminates against applicants on the basis of gender, race, religion, sexual orientation, age, disability, or any other ground(s) prohibited by applicable law, in each case as determined in H\FC's reasonable discretion.
5. Rights to Recruiter Content.
We do not claim ownership in any content that you submit or authorize for use to H\FC, but you grant us the rights to use such content as set forth below. By submitting or authorizing us to display any content on H\FC, 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 H\FC’s websites, emails, and mobile application and to receive the services under these Terms from H\FC. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to H\FC's exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve H\FC and to make content submitted to or through H\FC available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such content on other media and services, subject to our terms and conditions for such content use. You should only submit content to H\FC that you are comfortable sharing with others under the terms and conditions of these Terms. You acknowledge that H\FC cannot prevent content posted on H\FC from being taken and used by third parties.
6. 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 H\FC (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 for your personal use in connection with using H\FC. 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 content (excluding your content); 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 are trademarks of JenZ Inc. The trademarks, logos, and service marks ("Marks") displayed on H\FC 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.
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, including due to or arising from your breach of any provision of these Terms. H\FC agrees to indemnify and defend you and your officers, directors, board members, employees, partners, agents, successors and assigns from any loss, liability, claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or otherwise arising from H\FC’s breach of these Terms or any claim that the services and platform infringe the intellectual property rights of any third party.
8. Disclaimer on liability.
The disclaimers and limitations on 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 H\FC, 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.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the internet or on H\FC or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with H\FC. Under no circumstances will we be responsible for any loss or damage resulting from the use of H\FC or from any content posted on H\FC or transmitted to users, or any interactions between users of H\FC, whether online or offline.
H\FC is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) H\FC will meet your requirements; (2) H\FC will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of H\FC will be accurate or reliable.
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 participation in any offline events.
IN NO EVENT SHALL EITHER PARTY 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 H\FC, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, EACH PARTY AGREES THAT SUCH PARTY'S LIABILITY TO THE OTHER PARTY FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF H\FC (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.
9. 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 Terms or other applicable policies posted on H\FC, or that we deem, in our sole discretion, inappropriate. If you see any content on H\FC 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 Terms or any agreement that we have with you. Notwithstanding the foregoing, H\FC will remove all of Your Content upon any termination by you of your use of our platform and services.Copyright Policy.
H\FC has adopted the following policy toward copyright infringement on H\FC in accordance with the Digital Millennium Copyright Act
(the "DMCA") and equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content. It is our policy to terminate access privileges of any user who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied in violation of applicable copyright law and used on H\FC in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information; without this information we will be unable to take action on your request:
- Your contact information. Please include your address, telephone number, and email address.
- Identification of the copyrighted work that you claim has been infringed.Please include reasonably sufficient details describing the copyrighted work that is claimed to be infringing
- A description of where the material that you claim is infringing is located on H\FC.General information about the content is not adequate. Please include reasonably sufficient detail to enable us to identify and locate the work that is claimed to be infringing (for example: the URL(s) of the exact work(s)).
- You must agree to and include the following statement:"I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."
- You must provide following statement: "The information in this notification is accurate, and under penalty of perjury, I am the owner, or an agent authorized to act on behalf of its owner, of an exclusive right that is allegedly infringed."
- Your signature.An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
We will review all claims of copyright infringement received and remove the content deemed to have been posted or distributed in violation of any such laws. If you feel that content has been taken down inappropriately, please contact our Copyright Agent who will provide information on the requirements and procedure for filing a counter-notification with us. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
Other Enforcement Actions.
By mail or fax:
1410 NW Johnson St, Ste 201
Portland, OR 97209
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 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.
10. Term and Termination.
These 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 H\FC, 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 Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of H\FC and any licenses that you have granted us to your content. For the avoidance of doubt, you agree that these Terms apply to your use of H\FC and any content posted on H\FC at any time prior to the termination or expiration of these Terms.
11. Dispute Resolution.PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND H\FC ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND H\FC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.Governing Law.
These 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 Terms or your access to or use of H\FC, 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. The parties agree that their arrangement under these Terms is in interstate commerce and that the Federal Arbitration Act applies to the construction of the "Agreement to Arbitrate" provision below.Agreement to Arbitrate.
You and H\FC each agree that any and all disputes between users of H\FC and H\FC arising under or related in any way to these Terms and such users' use of H\FC must be resolved through binding arbitration as described in this section. With the exception of the prohibition on class arbitrations set forth in this "Dispute Resolution" section, if an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.
This Agreement to Arbitrate will not apply to a party's right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement and the Dispute Resolution section will continue to apply. 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 H\FC, 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 claim or 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.
12. General Provisions.
Except as specifically stated in another agreement that we may have with you, such as the Supplemental Terms required for recruiter users, these Terms constitute the entire agreement between you and us regarding the use of H\FC, and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these 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 Terms shall not operate as a waiver of such right or provision. If any provision of the 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 Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of these Terms are binding and the translations are provided for convenience only. The 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 Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect. As used in the Terms, the word "including" means "including but not limited to."
You can contact us at the following: