User Agreement for ProjectIntern™ - Terms of Use
This Agreement states the Terms of Use ("Terms") under which You (as defined below)
may use www.projectintern.com (“ProjectIntern.com”), an on-line service (i) to enable
potential employers to post internship opportunities and/or search Student profiles,
(ii) to enable Students to post profiles and/or search internship opportunities,
(iii) to facilitate the secure and collaborative online exchange of information
for VirtualProjects and on-site between Employers and Students, and (iv) to enhance
the overall experience of the Students and Employers through the use of and access
to ResourceTools, collectively “Services.”
This Agreement is a contract between You and ProjectIntern, LLC (“ProjectIntern”)
and applies to Your use of ProjectIntern's Services. You must read, agree with and
accept all of the terms and conditions contained in this Agreement. We may amend
this Agreement at any time by posting a revised version on our website. The revised
version will be effective at the time we post it. You should visit this page periodically
to review the most current Terms because they are binding on You. In addition, if
the revised version includes a Substantial Change, we will provide You with 30 Days'
prior notice of Substantial Change by posting notice on the "Policy Updates" page
of our website.
If You do not accept the Terms stated here, do not use ProjectIntern and its services.
By using ProjectIntern.com, You agree to be bound by these Terms, including the
Privacy Statement, and, if applicable, the Fee Policy.
1. Definitions.
“Post” means information that You submit, publish or display on any ProjectIntern
Site
"Substantial Change" means a change to the terms of this Agreement that reduces
our or Your rights or increases our or Your responsibilities "
You," “User," “Employer,”
“Employee” and “Student” means any and all individuals and/or entities accessing
ProjectIntern for any reason.
2. Eligibility.
You must be 18 years of age or older, or the age of majority as that is defined
in your jurisdiction, whichever is older, to visit or use ProjectIntern in any manner.
By visiting ProjectIntern or accepting these Terms, You represent and warrant to
ProjectIntern that You have reached the age of majority in your jurisdiction, and
that You have the right, authority and capacity to agree to and abide by these Terms.
You also represent and warrant to ProjectIntern that You will use ProjectIntern
in a manner consistent with any and all applicable laws and regulations. Additionally,
if Your credit report reflects an unacceptable level of risk, You will not be eligible
to use the Services.
3. Services.
ProjectIntern provides four (4) primary service offerings: Profile Search Engine,
Secure Collaboration Portal, ResourceTools and Intermediary Payment (each and collectively
referred to as “Services”) as further described below:
ProjectIntern’s Profile Search
Engine. ProjectIntern also allows Users to create individual profiles, which may
include personal information (”Profiles”), and to make these Profiles, or aspects
thereof, public. This enables potential Employers to search for qualified candidates
for its internships. Likewise, it enables potential Students to search for internships
for which they may qualify.
ProjectIntern’s Secure Collaboration Portal. ProjectIntern
provides a portal to enable Employers and Students to share and exchange information
in an online secure portal. This may be used for VirtualProjects as well as on-site
projects.
ProjectIntern’s ResourceTools. The ResourceTools provide access to ProjectIntern’s
library, which includes research and project related templates, reports, financial
models, methods and more.
ProjectIntern’s Intermediary Payment Service (“IPS”).
ProjectIntern helps Employers make payments to the Students working on Virtual Projects.
ProjectIntern is an independent contractor for all purposes, except that ProjectIntern
acts as Your agent only with respect to the custody of Your funds deposited. ProjectIntern
does not have control of or liability for the work performed by Students that are
paid for with our Service. We do not guarantee the identity of any Student, guarantee
the quality of the work performed on any Virtual Projects, or ensure that a Student
will complete a Virtual Project.
4. License Grant.
ProjectIntern and its licensors grant You a limited nonexclusive license to use
ProjectIntern's software in accordance with the documentation, including all updates,
upgrades, new versions and replacement software, as described herein for Your personal
use only. You may not rent, lease or otherwise transfer Your rights in the software
to a third party. You agree not to alter, reproduce, adapt, distribute, display,
publish, reverse engineer, translate, disassemble, decompile or otherwise attempt
to create any source code which is derived from the software. You acknowledge that
all rights, title and interest to ProjectIntern's software are owned by ProjectIntern.
5. Use of ProjectIntern Content.
ProjectIntern authorizes You to view and access a single copy of the content available
on or from ProjectIntern solely for your personal use. The contents of ProjectIntern,
and of all other Web sites under ProjectIntern's control, whether partial or otherwise
(ProjectIntern and such other Web sites are sometimes collectively referred to as
"ProjectIntern Sites") such as text, graphics, images, logos, button icons, software
and other ProjectIntern content (collectively, "ProjectIntern Content"), are protected
under both United States and foreign copyright, trademark and other laws. All ProjectIntern
Content is the property of ProjectIntern or its content suppliers or clients. The
compilation (meaning the collection, arrangement and assembly) of all content on
the ProjectIntern Sites is the exclusive property of ProjectIntern and is protected
by United States and foreign copyright, trademark, and other laws. Unauthorized
use of the ProjectIntern Content may violate these laws, and is strictly prohibited.
You must retain all copyright, trademark, service mark and other proprietary notices
contained in the original ProjectIntern Content on any authorized copy You make
of the ProjectIntern Content.
You agree not to sell or modify the ProjectIntern
Content or reproduce, display, publicly perform, distribute, or otherwise use the
ProjectIntern Content in any way for any public or commercial purpose, in connection
with products or services that are not those of ProjectIntern, in any other manner
that is likely to cause confusion among consumers, that disparages or discredits
ProjectIntern or its licensors, that dilutes the strength of ProjectIntern's or
its licensor’s property, or that otherwise infringes ProjectIntern's or its licensor’s
intellectual property rights. You further agree to in no other way misuse ProjectIntern
Content that appears on this Site. Any code that ProjectIntern creates to generate
or display any ProjectIntern Content or the pages making up any ProjectIntern Site
is also protected by ProjectIntern's copyright and you may not copy or adapt such
code.
6. ProjectIntern Site Restrictions and Specific Prohibited
Uses.
The job posting, Student Profile database (“ProjectIntern Internship Database”)
and other features of ProjectIntern may be used only for lawful purposes by Students
and Universities seeking employment and career information and Employers seeking
Interns. In connection with Your use of any ProjectIntern Site, Your Account, or
the Services, or in the course of Your interactions with ProjectIntern, a User or
a third party, You will not:
- Breach this Agreement or any other agreement that You have entered into with
ProjectIntern (including a Policy);
- Violate any law, statute, ordinance, or regulation (for example, those governing
financial services, consumer protections, unfair competition, anti-discrimination
or false advertising);
- Use any ProjectIntern Site in order to transmit, post, distribute, store or destroy
material, including without limitation, ProjectIntern Content, (a) in violation
of any applicable law or regulation, (b) in a manner that will infringe the copyright,
patent, trademark, trade secret or other intellectual property rights of ProjectIntern
or any third party or violate the privacy, publicity or other personal rights of
others, or (c) that is defamatory, trade libelous, harassing, obscene, threatening,
abusive or hateful.
- Refuse to cooperate in an investigation or provide confirmation of Your identity
or any Information You provide to us;
- Conduct Your business or use the Services in a manner that results in or may
result in complaints, Disputes, Claims, fees, fines, penalties and other liability
to ProjectIntern, a User, a third party or You;
- Have a credit score from a credit reporting agency that indicates a high level
of risk associated with Your use of the Services (if applicable);
- Access the Services from a country that is not included on ProjectIntern's permitted
countries list. To obtain a copy of this list, please contact ProjectIntern at ProjectIntern,
LLC, Attention: Legal Department, PO Box 1316, Huntersville, NC 28070.
- Disclose or distribute another Employer’s or Student's Information to a third
party, or use the Information for marketing purposes unless You receive the Employer’s
or Student's (respectively) express consent to do so;
- Send unsolicited emails, faxes, or calls to any User of any ProjectIntern Site
regarding including without limitation promotions and/or advertising of products
or services;
- Take any action that imposes an unreasonable or disproportionately large load
on our infrastructure;
- Use any robot, spider, other automatic device, or manual process to monitor or
copy our website without our prior written permission;
- Use any device, software or routine to bypass our robot exclusion headers, or
interfere or attempt to interfere, with our website or the Services;
- Take any action that may cause us to lose any of the services from our internet
service providers or other suppliers;
- Post any jobs on any ProjectIntern Site for any competitor of ProjectIntern or
post jobs or other content that contains links to any site competitive with ProjectIntern;
- Post jobs or content on any ProjectIntern Site that contain hyperlinks, "hidden"
keywords or keywords that are irrelevant to the job or are otherwise misleading;
- Use any ProjectIntern Database for any purpose other than as an employer seeking
employees, including but not limited to using the information in the ProjectIntern
Resume Database to sell or promote any products or services;
- Post or submit to any ProjectIntern Site any incomplete, false or inaccurate
project, internship opportunity, company information or biographical information
or information which is not your own;
- Post on any ProjectIntern Site any franchise, pyramid scheme, "club membership",
distributorship or sales representative agency arrangement or other business opportunity
which requires an up front or periodic payment, pays commissions only (except for
postings that make clear that the available job pays commission only and clearly
describes the product or service that the job seeker would be selling, in which
case such postings are permissible), or requires recruitment of other members, sub-distributors
or sub-agents;
- Delete or revise any material posted by any other person or entity;
- Notwithstanding anything to the contrary contained herein, use or attempt to
use any engine, software, tool, agent or other device or mechanism (including without
limitation browsers, spiders, robots, avatars or intelligent agents) to navigate
or search any ProjectIntern Site other than the search engine and search agents
available from ProjectIntern on such ProjectIntern Site and other than generally
available third party web browsers (e.g., Internet Explorer, Firefox, Safari);
- Decipher, decompile, disassemble or reverse engineer any of the software comprising
or in any way making up a part of any ProjectIntern Site;
- Aggregate, copy or duplicate in any manner any of the ProjectIntern Content or
information available from any ProjectIntern Site, without express written consent
from ProjectIntern; or
- Frame or link to any ProjectIntern Content or information available from any
ProjectIntern Site.
Users are also prohibited from violating or attempting to violate the security of
any ProjectIntern Site, including without limitation, the following activities:
(a) accessing data not intended for such User or logging into a server or account
which the User is not authorized to access; (b) attempting to probe, scan or test
the vulnerability of a system or network or to breach security or authentication
measures without proper authorization; (c) attempting to interfere with service
to any User, host or network, including, without limitation, via means of submitting
a viruses, Trojan horses, worms or other computer programming routines that may
damage, detrimentally interfere with, overload, “flood,” spam, mailbomb, crash,
surreptitiously intercept or expropriate any ProjectIntern Site; (d) use an anonymizing
proxy; or (e) forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting. Violations of system or network security may
result in civil and/or criminal liability. ProjectIntern will investigate occurrences
which may involve such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting Users who are involved in such violations.
7. Registration Information.
We offer two different types of Accounts: Student and Employer Accounts, collectively
referred to as “Accounts.” You may only hold one type of account: either one Student
or one Employer Account. This Agreement applies to both Accounts. When You register
with any ProjectIntern Site, You will be asked to create a Employer or Student Account
respectively and provide ProjectIntern with certain information including, without
limitation, a valid email address (your "Information"). You have an affirmative
obligation to provide ProjectIntern with a correct and operational email address.
Information you submit will be used in accordance with ProjectIntern's Privacy Statement.
By creating your Account, You authorize ProjectIntern, directly or through third
parties, to make any inquiries we consider necessary to validate Your identity and
Your credit worthiness (if You have a ProjectIntern Payment Intermediary Subscriber
Account). This may include asking You for further information, requiring You to
take steps to confirm ownership of Your email address or financial instruments,
ordering a credit report, performing credit checks and verifying Your Information
against third party databases or through other sources. You agree to provide true,
accurate and complete information and to maintain and promptly update Your information
as applicable. If any information You provide is untrue, inaccurate, not current,
or incomplete, without limiting other remedies, ProjectIntern has the right to terminate
Your use of the Service and ProjectIntern, its agents, suppliers, Students, and
subcontractors have the right to recover from You any costs or losses incurred as
a direct or indirect result of the untrue, inaccurate, not current, incomplete information.
Without limiting any of the other disclaimers of warranty set forth in these Terms,
ProjectIntern does not provide or make any representation as to the quality or nature
of any of the third party products or services purchased through ProjectIntern or
any other ProjectIntern Site, or any other representation, warranty or guaranty.
Any such undertaking, representation, warranty or guaranty would be furnished solely
by the provider of such third party products or services, under the terms agreed
to by the provider.
You understand and acknowledge that you have no ownership rights
in Your Account, and that if You cancel Your Account, all your account information
from ProjectIntern, including resumes, Profiles, cover letters, saved internships,
questionnaires and email mailing lists, will be marked as deleted in ProjectIntern's
databases and will be removed from any public area of the ProjectIntern Sites. Information
may continue to be available for some period of time because of delays in propagating
such deletion through ProjectIntern’s web servers. In addition, third parties may
retain cached copies of your Information.
8. User Content and
Submissions.
You are solely responsible for Your Account information, internship postings, Profile,
content (including, without limitation works in any form, media, or technology whether
now known or later developed), messages, audio, video, photos, text, images, compilations
or other information ("User Content") that You post on any ProjectIntern Site or
transmit to other Users. You agree that in submitting User Content or otherwise
using any ProjectIntern Site that You will not impersonate any person, or submit
any materials to ProjectIntern that are false, inaccurate, misleading, unlawful,
or are otherwise in violation of your obligations under these Terms.
By posting
User Content to any public area of any ProjectIntern Site, including without limitation,
message boards, Profiles, forums, contests and chat rooms, You automatically grant
to ProjectIntern and its affiliates an irrevocable, royalty-free, perpetual, fully
paid non-exclusive right (including moral rights) and worldwide license to use,
copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform,
display, and distribute such User Content (in whole or in part) and to prepare derivative
works of, or incorporate into other works (in any form, media or technology now
known or later developed, for the full term of any rights that may exist in such
content) such User Content, and to grant and authorize sublicenses thereof (through
multiple tiers).
You also represent and warrant that You have the right to grant
and have completely and effectively waived all such rights and, where applicable,
that the holder of the right has validly and irrevocably granted to You the right
to grant, the license stated above. If you post User Content in any public area
of any ProjectIntern Site, You also permit any User to access, display, view, store
and reproduce such User Content for personal use. Subject to the foregoing, the
owner of such User Content placed on any ProjectIntern Site retains any and all
rights that may exist in such User Content.
ProjectIntern acts as a passive conduit
for the online distribution and publication of User Content and has no obligation
to screen User Content, communications or information in advance and is not responsible
for screening or monitoring User Content posted by Users. However, ProjectIntern
may review and remove any User Content that, in its sole judgment, violates these
Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive
or illegal, or violates the rights of, or harms or threatens the safety of, Users
of any ProjectIntern Site. ProjectIntern reserves the right to expel Users and prevent
their further access to the ProjectIntern Sites and/or use of ProjectIntern services
for violating the Terms or applicable laws, rules or regulations. ProjectIntern
may take any action with respect to User Content that it deems necessary or appropriate
in its sole discretion if it believes that such User Content could create liability
for ProjectIntern, damage ProjectIntern’s brand or public image, or cause ProjectIntern
to lose (in whole or in part) the services of its ISPs or other suppliers.
ProjectIntern
does not represent or guarantee the truthfulness, accuracy, or reliability of User
Content or any other communications posted by Users or endorse any opinions expressed
by Users. You acknowledge that any reliance on material posted by other Users will
be at your own risk.
9. Prohibited User Content and Submissions.
The following is a non-inclusive list of User Content that is prohibited on the
ProjectIntern Sites and is not intended to be a complete list of all prohibited
User Content.
Content that:
- is implicitly or explicitly offensive, such as User
Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred
or physical harm of any kind against any group or individual;
- harasses, incites
harassment or advocates harassment of any group or individual;
- involves the transmission
of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes
or endorses false or misleading information or illegal activities or conduct that
is abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses
an illegal or unauthorized copy of another person's copyrighted work, such as providing
or making available pirated computer programs or links to them, providing or making
available information to circumvent manufacture-installed copy-protect devices,
or providing or making available pirated music or other media or links to pirated
music or other media files;
- contains restricted or password only access pages,
or hidden pages or images; g. displays or links to pornographic, indecent or sexually
explicit material of any kind;
- provides or links to material that exploits people
under the age of 18 in a sexual, violent or other manner, or solicits personal information
from anyone under 18; or
- provides instructional information about illegal activities
or other activities prohibited by these Terms, including without limitation, making
or buying illegal weapons, violating someone's privacy, providing or creating computer
viruses or pirating any media; and
- solicits passwords or personal identifying
information from other Users.
Any Profile You submit must describe You, an individual
person in the case of Students or Your company, in the case of Employers. You may
not include in your Profile any telephone numbers, street addresses, email addresses
or other means of contacting You, other than your last name and URLs.
In order to
protect our ProjectIntern Networking Users from commercial advertising or solicitation,
ProjectIntern reserves the right to restrict the number of e-mails which a User
may send to other Users to a number which ProjectIntern deems appropriate in its
sole discretion.
Each candidate made available through the Skilled and Hourly section
of ProjectIntern has taken skills interview(s) offered by ProjectIntern. The results
of each skilled and hourly candidate's skills interview are not evaluated by ProjectIntern
and should be evaluated by each employer based on such employer's specific criteria.
The skills interview(s) are proprietary to ProjectIntern and may be changed from
time to time in ProjectIntern's discretion. The skills interview(s) do not necessarily
guarantee performance results or capture all criteria that may be relevant to an
employer in making employment decisions. ProjectIntern does not independently verify
the information provided by candidates or the identity of candidates.
ProjectIntern
does not necessarily monitor any materials or content posted, transmitted, or communicated
to or within the Site. If you believe that something on the Site violates these
Terms please contact us at: ProjectIntern, LLC, Attention: Intermediary Payment
Services, PO Box 1316, Huntersville, NC 28070. If notified by a User of User Content
or other materials which allegedly do not conform to these Terms, ProjectIntern
may in its sole discretion investigate the allegation and determine whether to take
any other actions whether to remove or request the removal of the User Content.
ProjectIntern has no liability or responsibility to Users for performance or nonperformance
of such activities.
10. Registration and Password.
You are responsible for maintaining the confidentiality of your Account, Profile
and passwords, as applicable, and if You are a ProjectIntern Payment Intermediary
Subscriber, your Fund Account. You may not share your password or other account
access information with any User or other party, temporarily or permanently, and
You shall be responsible for all uses of your ProjectIntern registrations and passwords,
whether or not authorized by You. You agree to immediately notify ProjectIntern
of any unauthorized use of or access to your Account, Profile, passwords or ProjectIntern
Payment Intermediary Subscriber Fund Account, if applicable.
11.
Intellectual Property Rights
"ProjectIntern.com," "ProjectIntern," “VirtualProject” and all related logos, products
and services described in our website are either trademarks or registered trademarks
of ProjectIntern or its licensors. You may not copy, imitate or use them without
ProjectIntern's prior written consent. In addition, all page headers, custom graphics,
button icons, and scripts are service marks, trademarks, and/or trade dress of ProjectIntern.
You may not copy, imitate, or use them without our prior written consent. You may
use HTML logos provided by ProjectIntern through our Services or affiliate programs
without prior written consent for the purpose of directing web traffic to the Service.
You may not alter, modify or change these HTML logos in any way, use them in a manner
that is disparaging to ProjectIntern or the Service or display them in any manner
that implies ProjectIntern's sponsorship or endorsement.
Unless otherwise agreed
to in writing, if You send us creative suggestions, ideas, drawings, concepts, inventions,
or other information (collectively the "Submission"), the Submission shall be the
property of ProjectIntern. None of the Submission shall be subject to any obligation
of confidentiality on our part and we shall not be liable for any use or disclosure
of any Submission. ProjectIntern shall own exclusively all now known or later discovered
rights to the Submission and shall be entitled to unrestricted use of the Submission
for any purpose whatsoever, commercial or otherwise, without compensation to You
or any other person.
12. Privacy.
Protecting Your privacy is very important to ProjectIntern. Please review our Privacy
Statement in order to better understand our commitment to maintaining Your privacy,
as well as our use and disclosure of Your Information.
ProjectIntern reserves the
right to offer third party services and products to You based on the preferences
that You identify in your registration and at any time thereafter; such offers may
be made by ProjectIntern or by third parties. Please see ProjectIntern's Privacy
Statement, the terms of which are incorporated herein by reference, for further
details regarding your Information.
If You receive Information about another ProjectIntern
Employer or Student through the Service, You must keep the Information confidential
and only use it in connection with the Service. You may not disclose or distribute
a ProjectIntern Employer’s or Student's Information to a third party or use the
Information for marketing purposes unless You receive that Employer’s or Student's
express consent to do so.
13. ProjectIntern's Liability.
ProjectIntern acts as a service for Employers to post job opportunities and candidates
to post resumes and Profiles and does not screen or censor the listings, including
Profiles offered. ProjectIntern is not involved in the actual transaction between
employers and candidates. As a result, ProjectIntern has no control over User Content,
the quality, safety or legality of the jobs or resumes posted, the truth or accuracy
of the listings, the ability of employers to offer job opportunities to candidates
or the ability of candidates to fill job openings and ProjectIntern makes no representations
about any jobs, resumes or User Content on ProjectIntern. ProjectIntern may take
any action with respect to User Content that it deems necessary or appropriate in
its sole discretion if it believes that such User Content could create liability
for ProjectIntern, damage ProjectIntern’s brand or public image, or cause ProjectIntern
to lose (in whole or in part) the services of its ISPs or other suppliers. While
ProjectIntern reserves the right in its sole discretion to remove User Content,
job postings, resumes or other material from ProjectIntern from time to time, ProjectIntern
does not assume any obligation to do so and disclaims any liability for failing
to take any such action.
ProjectIntern Networking provides a venue for individuals
to network for professional purposes and ProjectIntern does not screen or censor
the Profiles or User Content on ProjectIntern. ProjectIntern is not involved in
the actual communications between ProjectIntern Networking Users. As a result, ProjectIntern
has no control over the accuracy, reliability, completeness, or timeliness of the
Profiles or User Content submitted on ProjectIntern and makes no representations
about any Profile or User Content on ProjectIntern.
In addition, note that there
are risks, including but not limited to the risk of physical harm, of dealing with
strangers, foreign nationals, underage persons or people acting under false pretenses.
You assume all risks associated with dealing with other Users with whom You come
in contact through ProjectIntern and/or the other ProjectIntern Sites. By its very
nature, other people's information may be offensive, harmful or inaccurate, and
in some cases will be mislabeled or deceptively labeled. We expect that You will
use caution and common sense when using ProjectIntern and/or the other ProjectIntern
Sites.
Because User authentication on the Internet is difficult, ProjectIntern cannot
and does not confirm that each User is who they claim to be. Because we do not and
cannot be involved in User-to-User dealings or control the behavior of participants
on any ProjectIntern Site, in the event that You have a dispute with one or more
Users, You release ProjectIntern (and our agents and employees) from claims, demands
and damages (actual and consequential and direct and indirect) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
If You are a California
resident, You waive California Civil Code Section 1542, which says: "A general release
does not extend to claims which the creditor does not know or suspect to exist in
his or her favor at the time of executing the release, which if known by him or
her must have materially affected his or her settlement with the debtor."
The ProjectIntern
Sites and the ProjectIntern Content may contain inaccuracies or typographical errors.
ProjectIntern makes no representations about the accuracy, reliability, completeness,
or timeliness of any ProjectIntern Site or the ProjectIntern Content. The use of
all ProjectIntern Sites and the ProjectIntern Content is at your own risk. Changes
are periodically made to ProjectIntern Sites and may be made at any time. You acknowledge
and agree that You are solely responsible for the form, content and accuracy of
any resume or material contained therein placed by You on the ProjectIntern Sites.
Employers are solely responsible for their postings on ProjectIntern Sites. ProjectIntern
is not to be considered to be an employer with respect to your use of any ProjectIntern
Site and ProjectIntern shall not be responsible for any employment decisions, for
whatever reason, made by any entity posting jobs on any ProjectIntern Site.
ProjectIntern
cannot guarantee and does not promise any specific results from use of ProjectIntern
or any ProjectIntern Site. No advice or information, whether oral or written, obtained
by a User from ProjectIntern or through or from ProjectIntern or any other ProjectIntern
Site shall create any warranty not expressly stated herein.
14.
Your Liability.
ProjectIntern, in its sole discretion, reserves the right to terminate this Agreement,
access to its website, or access to the Service for any reason and at any time upon
notice to You. If we close Your Account or terminate Your use of our Services for
any reason, we will provide You with notice of our actions. If we limit access to
Your Account, we will provide You with notice of our actions and the opportunity
to request restoration of access if appropriate.
In order to ensure a safe and effective
experience for all of our Users, ProjectIntern reserves the right to limit the amount
of data (including Profiles) that may be accessed by You in any given time period.
These limits may be amended in ProjectIntern’s sole discretion from time to time.
Additionally, if You engage in any Prohibited Uses or activities or submit any Prohibited
Content described herein, we may take various actions to protect ProjectIntern,
a Student, a Employer, a third party, or You from Claims, fees, fines, penalties
and any other liability. The actions we may take include but are not limited to
the following:
- We may close, suspend, or limit Your access to Your Account or
the Services (including ProjectIntern Payment Intermediary Services as applicable);
- We may contact Students who have worked on VirtualProjects for Employers, contact
Employers from whom Students have worked on VirtualProjects, and warn other Students,
Employers, law enforcement, or impacted third parties of Your actions;
- We may update inaccurate Information You provided us;
- We may refuse to provide our Services
to You in the future; and
- We may take legal action against You and/or cooperate with, law enforcement authorities
in prosecuting You and other Users who are involved in such violations.
15. Disclaimer of Warranty.
PROJECTINTERN AND ITS OFFICERS, DIRECTORS, AGENTS, ASSIGNS, SUCCESSORS, EMPLOYEES
OR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION
OF ANY KIND. PROJECTINTERN AND ITS OFFICERS, DIRECTORS, AGENTS, ASSIGNS, SUCCESSORS,
EMPLOYEES OR SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PROJECTINTERN AND ITS OFFICERS, DIRECTORS,
AGENTS, ASSIGNS, SUCCESSORS, EMPLOYEES OR SUPPLIERS MAKE NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE PROJECTINTERN CONTENT,
SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. PROJECTINTERN AND ITS OFFICERS, DIRECTORS,
AGENTS, ASSIGNS, SUCCESSORS, EMPLOYEES OR SUPPLIERS DO NOT WARRANT THAT ANY PROJECTINTERN
SITE WILL OPERATE ERROR-FREE OR THAT ANY PROJECTINTERN SITE AND ITS SERVERS ARE
FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY PROJECTINTERN
SITE OR THE PROJECTINTERN CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, PROJECTINTERN IS NOT RESPONSIBLE FOR THOSE COSTS.
ProjectIntern
does not have any control over the Students or the work they provide, and ProjectIntern
cannot ensure that a Student that You hire will actually complete the project. ProjectIntern
does not guarantee continuous, uninterrupted or secure access to our Service, and
operation of our site may be interfered with by numerous factors outside of our
control. ProjectIntern will make reasonable efforts to ensure that payments to Students
are processed in a timely manner but ProjectIntern makes no representations or warranties
regarding the amount of time needed to complete processing because our Service is
dependent upon many factors outside of our control, such as delays in the banking
system or the U.S. or international mail service.
16. Disclaimer
of Consequential Damages.
IN NO EVENT SHALL PROJECTINTERN, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON
ANY PROJECTINTERN SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA OR EMPLOYER INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO
USE ANY PROJECTINTERN SITE AND THE PROJECTINTERN CONTENT, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROJECTINTERN IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
17. Limitation of Liability.
PROJECTINTERN'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY PROJECTINTERN
SITE OR YOUR USE OF THE PROJECTINTERN CONTENT, REGARDLESS OF THE CAUSE OF ACTION
(WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
18. Links to Other Sites.
ProjectIntern and certain other ProjectIntern Sites contain links to third party
Web sites. These links are provided solely as a convenience to You and not as an
endorsement by ProjectIntern of the contents on such third-party Web sites. ProjectIntern
is not responsible for the content of linked third-party sites and does not make
any representations regarding the content or accuracy of materials on such third
party Web sites. If You decide to access linked third-party Web sites, You do so
at your own risk.
19. Assignment.
You may not transfer, resell or assign any rights or obligations You have under
this Agreement without ProjectIntern's prior written consent. ProjectIntern reserves
the right to transfer or assign this Agreement or any right or obligation under
this Agreement at any time.
20. Indemnity.
You agree to defend, indemnify, and hold harmless ProjectIntern, its affiliates,
and their respective officers, directors, employees, assigns, successors, suppliers
and agents, from and against any claims, actions or demands, including without limitation
legal and accounting fees, due to or arising out of (i) any User Content or other
material You provide to any ProjectIntern Site, (ii) your use of any ProjectIntern
Content, or (iii) your breach of these Terms or use of the Services. ProjectIntern
shall provide notice to You promptly of any such claim, suit, or proceeding.
21. Notices.
You agree that ProjectIntern may provide notice to You by posting it on our website,
emailing it to the email address listed in Your Account, or mailing it to the street
address listed in Your Account. Such notice shall be considered to be received by
You within 24 hours of the time it is posted to our website or email to You unless
we receive notice that the email was not delivered. If the notice is sent by mail,
we will consider it to have been received by You three business days after it is
sent. You may request a paper copy of any legally required disclosures and You may
terminate Your consent to receive required disclosures through electronic communications
by contacting ProjectIntern as described in section 1.7 below. ProjectIntern will
charge You a Records Request Fee (per section 8) to provide a paper copy. ProjectIntern
reserves the right to close Your Account if You withdraw Your consent to receive
electronic communications. You have an affirmative obligation to provide ProjectIntern
with a correct and operational email address. ProjectIntern will not be liable for
any undelivered email communications or any costs You incur for maintaining internet
access and an email account. Failure to provide ProjectIntern with a current, operational,
and functional email address or if ProjectIntern has reason to believe that the
email address is not current, not operational, or not functional may result in the
removal or deactivation by ProjectIntern of Your Employer Account or attempts by
ProjectIntern to contact You by phone, fax or postal mail. ProjectIntern reserves
the right to take measures to ensure the integrity of its contact directory.
Except
as otherwise stated below, notice to ProjectIntern must be sent by postal mail to:
ProjectIntern, LLC, Attention: Legal Department, PO Box 1316, Huntersville, NC 28070.
22. Term and Termination
These Terms will remain in full force and effect while You are a User of ProjectIntern.
ProjectIntern reserves the right, at its sole discretion, to pursue all of its legal
remedies, including but not limited to removal of your User Content from ProjectIntern
and the other ProjectIntern Sites and immediate termination of your registration
with or ability to access ProjectIntern and the other ProjectIntern Sites and/or
any other services provided to You by ProjectIntern, upon any breach by You of these
Terms or if ProjectIntern is unable to verify or authenticate any information You
submit to ProjectIntern or pursuant to other ProjectIntern Site registration. Even
after You are no longer a User of ProjectIntern, certain provisions of these Terms
will remain in effect, including Sections 4, 7, 10 through 23, inclusive as well
as any other terms which by their nature should survive.
23. General.
ProjectIntern makes no claims that the ProjectIntern Content may be lawfully viewed
or accessed outside of the United States. Access to the ProjectIntern Content may
not be legal by certain persons or in certain countries. If You access a ProjectIntern
or other U.S.-based ProjectIntern Sites from outside of the United States, You do
so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These Terms shall be governed by and interpreted in accordance with the laws of
North Carolina, without giving effect to its conflicts of laws principles. The exclusive
venue in any judicial action, claims or proceeding arising out of or relating to
this Agreement shall be the state or federal courts located in Mecklenburg County,
North Carolina. Each party in any judicial action or proceeding shall be responsible
for its own costs, including without limitation, filing fees, attorney's fees, witness
fees, expert fees, and travel expenses.
If any provision of these Terms is found
to be invalid by any court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of these Terms,
which shall remain in full force and effect.
No term or provision hereof shall be
deemed waived and no breach excused unless such waiver or consent shall be in writing
and signed by the party claimed to have waived or consented. Failure to exercise
a right or remedy at law or granted hereunder shall not be deemed a waiver of such
right or remedy. No waiver of any term of these Terms shall be deemed a further
or continuing waiver of such term or any other term. ProjectIntern’s failure to
enforce any term of these Terms shall not be deemed as a waiver of such term or
otherwise affect ProjectIntern’s ability to enforce such term at any point in the
future. Certain areas of ProjectIntern and the other ProjectIntern Sites are subject
to additional Terms. By using such areas, or any part thereof, You agree to be bound
by the additional Terms applicable to such areas. These Terms, including all documents
referred to herein and attached hereto, constitutes the entire agreement of the
parties on the specific subject matter hereof and supersedes all prior and contemporaneous
representations, understandings and agreements between the parties with respect
to such subject matter. The documents referred to herein shall be read together
with the main body of this Agreement to determine the parties' intent. If there
is a conflict between or among such documents, the main body of this Agreement shall
be the final expression of the parties' intent. No changes to these Terms shall
be made except by a revised posting on this page. These Terms constitute a binding
agreement between You and ProjectIntern, and is accepted by You upon your use of
the ProjectIntern Site.