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Terms of Service

Last Updated: 03 May 2021
 
Our Terms of Service applies to your use of the Purepost.co website and the Purepost Services (“the Purepost Service” or “the Service”), as well as your relationship with Purepost Inc. (“Purepost”).
 
Purepost is a software platform that connects members to Academic Partners, General Partners and Employer Partners. Our Privacy Policy can be found here and is updated from time to time to reflect our privacy standards: https://www.purepost.co/privacy-policy
 
You must agree to these Terms of Service. If you use the Service, you are agreeing to these Terms of Service. If you do not agree with these Terms, including the Binding Arbitration Clause, or you advise us of your decision to opt out of Binding Arbitration, and a Class Action waiver, you should discontinue using the Service.
 
The Terms of Service will change from time to time. Minor changes to the Terms (defined as changes that will not materially affect your rights), will be posted on our website. If the changes materially affect your rights, we will advise you of the changes via the email address you provide us or via a notification on the Service that you may accept. If you use the Service after you have been notified, you are accepting the new Terms of Service.
 
1. Entire Agreement: Unless you have a separate signed agreement with Purepost that specifically states that the separate agreement supersedes these Terms of Service, these Terms of Service constitute the entire agreement between you and Purepost and governs your use of the Service.
 
2. Access: There is no mechanism to use any part of the Service without a valid Purepost account.
  1. You agree to provide valid and accurate information that is required to create an account.
  2. By creating an account, you hereby give any consents required by law for the Services to operate as set forth in these Terms of Service.
3. No Misrepresentation: Individuals are not permitted to create an account on behalf of anyone else unless they have received authorization from them. Individuals may not create fictional profiles or represent themselves as anyone else.
  1. Partners may create a profile that represents their legal entity provided they have authorization to do so.
4. Member Email Address: You can create an account on Purepost with an email address of your choice. You agree that the email address you provide us as part of your profile will remain current. If your email address is not current, you agree to hold us blameless for communication that we may send via email not reaching you, including, but not limited to failure to send on the part of your email provider or misdirection based on incorrect spam detection.
 
5. Age Limitation: We require that you be at least 16 years old to use our Service. If you wish to use this Service and are younger than 16 years of age, we require that a parent or legal guardian complete this form. Email
relationships@purepost.co to obtain a form. Once completed the form can be submitted to relationships@purepost.co
 
6. General Members: General Members may use the Services and may associate their account with General Partner(s). General Members may also be able to associate their account with Academic Partners at the discretion of the Academic Partner.
  1. Your data is visible to General Partners when you associate your member account. Your data is visible to Academic Partners when you associate your member account.
  2. Partners may, at their discretion, limit your access to their use of the Service.
7. Academic Members: Your Academic Member Account may be associated with your Academic Partners if you elect to do so. Academic Partners use the Service to assist members. Your data is visible to Academic Partners when you associate your member account.
  1. You may also associate your Member account with General Partner(s). Your data is visible to General Partners when you associate your member account.
  2. Partners may, at their discretion, limit your access to their use of the Service.
8. Academic Partners: Academic Partners are required to access the Service via a valid email account that is associated with the Academic Institution.
  1. Academic Partners may make use of our loading Services to create member accounts in bulk which will contain some information about students.
  2. Purepost requests that only the minimum data needed to create member accounts be provided by our Academic Partners.
9. General Partners: General Partners are required to access the Service via a valid email account that is associated with the legal entity that they represent.
  1. Members may elect to associate with you at their discretion. Member data is only provided for those members who associate with you.
10. Employer Partners: Employer Partners are required to access the Service via a valid email account that is associated with the Employer legal entity.
  1. Employer Partners are able to associate with one or more Academic Partners and General Partners.
  2. Academic and other Partners may elect to limit access at their discretion.
  3. Employer Partners do not have bulk access to member data.
  4. Member data is only provided on the basis of specific match criteria.
11. Profile Removal: If you believe that a profile has been created that misrepresents you, please contact us here to request removal: relationships@purepost.co
 
12. Additional Profile Data: Additional information you provide in the creation of your Profile including but not limited to profile pictures, uploaded documents, (resume or other material you elect to upload), is covered by these Terms of Service.
 
13. Profile Visibility: You may elect to hide your profile. This will mean that your profile is not discoverable. If you associate your profile with a Partner your data will be visible to that Partner.
 
14. Limitations: You are not allowed to post any form of discriminatory, hateful or other offensive content via the Service. This includes,but is not limited to spam, harassment, intimidation, bullying, or other behavior that can be deemed threatening.
  1. You are responsible for all content you upload to Purepost, or content that you facilitate via use of your account.
  2. You agree not to use the Service for any illegal or unauthorized purpose.
  3. You agree you will not attempt to restrict anyone from using the Service, unless you are restricting access based on a specific position of authority.
  4. You agree that you will not encourage nor facilitate violations of these Terms of Service or any other Purepost terms.
  5. You may not make use of any form of data collection other than specifically provided to you by the Service.
15. Recording Communications: You agree to abide by all wiretapping laws.
  1. In some U.S. states recording individuals without their awareness and consent is prohibited. If you record via audio or video or any other meanswhile using the Service, you are certifying to Purepost that you have explicit permission to do so.
  2. We are not in any way responsible and we will not be liable if you fail to inform and obtain consent prior to recording others.
16. Privacy Policy: Information you share directly with Purepost is subject to these Terms of Service and our Privacy Policy which can be found here: https://www.purepost.co/privacy-policy
 
17. Third Party Messaging: Purepost does not permit 3rd parties to make use of data obtained via use of the Service to send unsolicited messages to you.
  1. You agree that you will limit all communication to information governed directly by the form and nature of the relationship.
18. Safeguard of Data: You agree to handle and maintain data you obtain on the Service with standards that are equal to or better than those described in our Privacy Policy https://www.purepost.co/privacy-policy
 
19. Data Ownership: Purepost does not claim any form of ownership of any data that you provide.
  1. The data you provide is used by Purepost to provide the Service. You agree to grant Purepost fair use of this data. Fair use is based on the grant to use the data only in connection with operating and providing thePurepost Service.
  2. You agree that this data is provided to Purepost on royalty-free license basis to use, modify, copy, display (publicly), and distribute as needed to fulfil the Purepost Service.
  3. You agree that this data is provided to Purepost on the basis of a worldwide non-exclusive agreement.
  4. You agree that Purepost may transfer and sublicense the data.
  5. Upon deletion of your Profile Purepost will within 90 days delete all versions of the data that Purepost has on its servers and backup systems.
20. Intellectual Property: Like most companies all of Purepost Content is protected by copyright, trademark, patent, trade secret and other general laws associated with protecting intellectual property rights.
  1. We will own and will retain all rights to the PurepostContent and theService.
  2. You agree not to infringe on these rights including removing or changing any designated marks (copyright, trademark, watermark or other proprietary rights notices) or make any attempt to reverse engineer the System.
21. Right to Use: There is no right to use. Purepost reserves the right to refuse access to the Service (this includes limiting access to the Service (prohibiting creation of account) as well as removal or suspension of the Service).
  1. a. We reserve the right to suspend or terminate account(s) for violation of our Terms of Service.
  2. b. We reserve the right to suspend or terminate account(s) for violation of our Privacy Policy.
22. Data Security: Purepost takes steps to protect your data from unauthorized access and in support of that you agree that you are responsible for keeping your password safe and not to disclose your password. Additional security of your system through tools and technologies such as VPN,Anti-Virus software et al will increase the security of your interaction with the Service.
 
23.Third Party Services: In order to provide our Service, Purepost makes use of third-party applications, websites, data, infrastructure and other Services and resources (broadly defined as “Third-Party Services”).Purepost does not have control over these Services.
  1. Purepost is not responsible for the Services (including but not limited to the product, data usage, general content, staff and other resources) that are used or provided by Third-Party Services.
24.Governing Venue & Laws: Without giving effect to any principles of conflicts of law, however they arise, you are agreeing that these Terms of Service are governed by and construed in accordance with the laws of the State of California.
 
25. Representation: If you are making use of the Purepost Products or Services on behalf of a legal entity you represent that you are authorized to enter into an agreement on behalf of that legal entity.
 
26. No Assignment of Rights: Without the prior written consent of Purepost you are not permitted to assign the Terms of Service or assign any rights or delegate any of your obligations, in whole or in part, either voluntarily or by operation of law. All assignments or delegation by you without the prior written consent of Purepost will be null and void.
 
27. No Warranty: Purepost provides the Service on an “as is”, “as available” and “with all faults” basis.
 
28. Lawful Jurisdiction: The Purepost parties do not warrant that your use of the Service is lawful in any particular jurisdiction, and the Purepost parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these Terms of Service.
  1. By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.
  2. The Purepost parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
29. Limitation of Liability & Waiver: Under no circumstances will Purepost or the Purepost parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to the Purepost products or Service.
  1. Our Products are provided “as is,” and we make no guarantees that they will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections.
  2. We also disclaim all warranties, to the extent permitted by law, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We cannot predict when issues might arise with our Products.
  3. Our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms of Service, Purepost Products and Services, even if we have been advised of the possibility of such damages.
  4. You acknowledge that your use of the Service is at your sole risk.
30. Financial Limit of Liability: Our aggregate liability arising out of or relating to these Terms of Service or the Purepost Products and Service will not exceed the amount you have paid us in the past twelve months.
 
31. Waiver of Right to Claims: You are agreeing by accessing the Purepost Service, you that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
 
32. Third Party Release: Purepost is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have or may have against any such third parties.
 
33. Indemnification: Unless prohibited by law, you (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Purepost’s request), indemnify and hold the Purepost Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation,reasonable attorney’s fees and costs, arising out of or in any way connected with your use of the Purepost Products and Services.
  1. You will cooperate as fully required by Purepost in the defense of any claim.
  2. Purepost reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Purepost.
34. Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
 
35. Disputes: You agree that any dispute between you and Purepost arising out of or relating to these Terms of Service, the Purepost Service, or any other Purepost products or Services (collectively, “Disputes”) will be governed by the Procedures outlined below.
 
36. Informal Dispute Resolution: Purepost would like to address your dispute without formal legal proceedings. You are agreeing to attempt to resolve all Disputes informally by contacting us at this email address: relationships@purepost.co
  1. Purepost will contact you via email and attempt to resolve the Dispute informally.
  2. If the dispute is not resolved within 30 days after submission, you or Purepost may resort to formal proceedings.
37. Arbitration: You are agreeing to resolve all Disputes, except as set forth under Exceptions to Agreement to Arbitrate below, through final and binding arbitration.
 
38. Opt-out of Agreement to Arbitrate: You are able to decline this agreement to arbitrate by contacting us here: relationships@purepost.co within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
 
39. Arbitration Procedures: You are agreeing that The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.
  1. The arbitration will be held in San Francisco, California,United States.
  2. We may mutually agree to a different location.
40. Cost of Arbitration: The American Arbitration Association (AAA) rules shall govern payment of all arbitration fees.
  1. Purepost will seek its attorneys’ fees and costs in arbitration should the arbitrator determine that your claim is frivolous.
  2. The losing party shall pay to the winning party all attorneys’ fees and costs associated with the action.
41. Exceptions to Agreement to Arbitrate: Purepost or you may, without first attempting a resolution through arbitration, or making use of the informal dispute resolution process described above:
    1. assert claims, should they qualify, in the small claims court in San Francisco, California. You may also elect to assert your claim in any United States county where you live or work and file a claim up to the amount applicable to the jurisdictional limit for individual claims in such small claims court. Your individual claim shall be governed
    2. by the limitation on damages as set forth herein, OR
    3. Purepost or you may bring, solely for injunctive relief, a lawsuit solely (including, in the case of Purepost, to obtain a cease-and-desist order, against you for the unauthorized use or abuse of the Purepost products or Purepost Service), or for any form of infringement or material breach of intellectual property rights (These include our copyright, trademark, trade secrets, or patent rights).
42. Limiting Class Actions: You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You may only resolve Disputes with Purepost on an individual basis. Under our agreement class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.
 
43. Dispute Judicial Forum: Should it be found that the agreement to arbitrate does not apply to you or your claim, you and Purepost agree that all judicial proceeding (outside of those claims subject to small claims actions) will be brought in the federal or state courts of San Francisco County, California.
  1. Both you and Purepost are consenting with this agreement to the venue as well as the personal jurisdiction of the federal or state courts of San Francisco County, California.
  2. Both you and Purepost agree to waive the right to a jury trial.
44. Claims Limitation: You are agreeing that all claims or actions arising from your use of the Purepost products or Purepost Service must be filed within one (1) year after the date that the claim or cause of action arose. Failure to bring the
claim or cause of action within one (1) year will result in the claim or cause of action to be barred forever. This agreement is made regardless of any statute or law to the contrary.
 
45. Severability & Remaining Provisions: Should it be deemed that one or more provisions of these Terms of Service is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Service. Severance of that provision of the Terms of Service shall not affect the validity and enforceability of the provisions remaining.
 
46. Strict Enforcement: Under the condition of Purepost’s failing to insist upon or enforce strict performance of any provision of these Terms of Service, no provisioner rights will be deemed to be waived.
 
47. Waiver: No waiver of any of the Terms of Service shall be deemed an additional or ongoing waiver of any other term or condition of the Terms of Service. Waiver shall apply only to the specific term or condition.
 
48. Purepost Assignment Rights: Purepost may assign these Terms of Service or any rights hereunder at will.