Subscription Agreement

Welcome to Applicant Advantage!

Effective on August 1, 2021

We are an opportunity services platform that connects high school students, early college students, educators, employers, and industry partners. The opportunities are learning, internship, pre-apprenticeship, apprenticeship, scholarships and careers for local students and beyond.

This Terms of Service applies to your use of the applicantadvantage.com website and the Applicant Advantage Service (collectively “the Applicant Advantage Service” or “the Service”).

If you do not agree with these Terms, including the Binding Arbitration Clause and a Class Action waiver included below, please discontinue using the Service.

These Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on our website. We will notify you by email, through the Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the Service after a modification is posted, you are telling us that you accept the modified terms.

If you have a written agreement with Applicant Advantage that states that it supersedes this Terms of Service (for example if you are an Educator or Industry Partner), then to the extent there is any conflict between the documents, the provisions in your separate agreement apply.

Applicant Advantage takes user privacy seriously and does not permit third parties to bulk collect student data, employer data, opportunity descriptions, or other information from our Services through the use of automated scripts (“scraping”), similar or other technologies or methodologies. For more information on our privacy practices, please read our Privacy Policy.

 

Account Creation

You need to have an account to use Applicant Advantage. You can create an account on Applicant Advantage as a student seeking opportunities or learning experiences, as an employer looking for new talent or engaging young students, or as an industry partner looking for potential new members or enhancing the learning opportunities. You agree not to misrepresent any information about yourself in creating or using an account.

Creating a Student Account: You may create your personal Account because you wish to investigate opportunities in your local community and/or you wish to develop your personal brand based on academic achievements, athletic achievements, fine arts achievements, community service activities, and professional experience.  Your personal information is solely under your control and is managed internally and externally by you.  All privacy setting and guardian and/or parent approval is your responsibility prior to sharing any personal information to member entities. 

Creating an Educator Account. Educators use Applicant Advantage as a local Partner to enhance the localized ecosystem and promote Applicant Advantage to their student population.  Educators agree the earlier a student is introduced to Applicant Advantage and is encouraged to start building their personal profile, the realized Student value is greater.  When an Educator sign up for Applicant Advantage, they send us school description and school logo. Applicant Advantage will approval your partnership request and you’re your information on the Partner Page.

Creating an Employer or Company Account: To create an Employer or Company Account, you must submit the registration information and you must wait (typically less than 24 hours) for approval. Companies do not have access to any student profiles unless they are approved by Applicant Advantage and the  Student allows access to all or specific student information in relationship to learn more about the company, investigate opportunities or Apply for a specific opportunity.

You have the option to provide additional information when creating your account, such as a Company description, culture videos, opportunity media or any multi-media content to attract Student participation.

You agree that any information you provide through account registration and Company profile building is accurate, current, and complete, and you agree to update your information as necessary to maintain its truth and accuracy. Also, please note you are prohibited from creating an account for anyone other than yourself, unless you have received express authorization from an employer or client to do so on their behalf.

Creating an Industry Partner Account: To create an Industry Partner Account, you must submit the registration information and you must wait (typically less than 24 hours) for approval. Industry Partners do not have access to any student profiles unless they are approved by Applicant Advantage and the Student allows access to all or specific student information in relationship to learn more about the Partner, investigate opportunities or Apply for a specific opportunity.

You have the option to provide additional information when creating your account, such as a Industry Partner description, culture videos, service components, opportunity media or any multi-media content to attract Student or Company participation.

You agree that any information you provide through account registration and Industry Partner profile building is accurate, current, and complete, and you agree to update your information as necessary to maintain its truth and accuracy. Also, please note you are prohibited from creating an account for anyone other than yourself, unless you have received express authorization from an employer or client to do so on their behalf.

 

Student Account Guidelines

Your Applicant Advantage profile is your first impression for employers and other entities. As a rule of thumb, keep your content and communications on Applicant Advantage professional. Specifically, you are not allowed to post any violent, nude, discriminatory, hateful, or sexually suggestive photos or other similar content via the Service. You are responsible for all content you upload to Applicant Advantage.

Applicant Advantage allows you to view Company and Industry Partner profiles and send messages to through the Service. You agree not to stalk, defame, bully, harass, abuse, threaten, intimidate, or impersonate other people or entities. You also agree not to use the Service for any illegal or unauthorized purpose, including spam, copyright infringement, identity theft, or fraud.

You agree you will not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Service or any other Applicant Advantage terms.

 

Making Your Profile “Public” or “Private”

All Student profiles is private by default, but the Student is given the choice to set their profile as “private” or “public” under the Service. When a student sets their profile to “public,” they can also control the general audiences that can access and view their profile.

If a profile is set to “private,” employers and industry partners will not be able to see any information about you. You may still apply for job opportunities when your profile is set to private. When you submit an application for an opportunity with your profile set to private, limited information provided by you will become visible to that specific opportunity coordinator based on your account settings.

You can change your privacy settings at any time while your account is active by editing your profile. This includes changing your profile from public to private, or making specific sections of your profile public or private.

 

Recording of Applicant Advantage Communications

Wiretapping laws in some U.S. states prohibit recording individuals without their awareness and consent. You may not initiate an audio or video recording of any third party in violation of the law. By initiating any audio or video recording through the Service, you represent and warrant that you have express permission from all persons appearing in the audio or video recording for all potential uses by Applicant Advantage of such audio or video recording where required by law. You agree that you will not hold us responsible, and we will not be liable for your failure to inform others that you are recording them and/or your failure to obtain their prior consent.

 

Continuing Support

Applicant Advantage is committed to helping you succeed in the professional world during school and beyond. After you graduate or leave your Education, we encourage you to update your contact information with a personal email address, so you won’t lose access to your profile once your student email address expires, and to keep your profile current. Any information you share directly with Applicant Advantage is subject to these Terms and our Privacy Policy.

 

Creating an Employer and Industry Partner Account

When you create a Applicant Advantage Employer Account, we request contact information, including email address and telephone number, to provide a point of contact for Students, Educators and Industry Partners and which will be made available on your public profile.  We will not use your phone number to send any commercial or marketing messages to you from third parties. You agree to provide accurate and current information and to correct any misrepresentations immediately upon discovery.

When you create a Applicant Advantage Employer Account, all educators, industry partners and students will have access to information used to create the account. We want students to investigate as many companies as they desire will only have access to your information. You are prohibited from disclosing or sharing this information with other parties, and agree to keep student data confidential. You shall only use student data to provide the employer services to the student and not use, sell, or disclose Applicant Advantage Data for any purposes including data analytics, data monetization, advertising, marketing or any other purpose even if such Applicant Advantage Data is aggregated or de-identified. You agree to handle and maintain collected student data with equivalent or superior standards as those described in our Privacy Policy, including the requirements of the General Data Protection Regulation (GDPR) (EU) 2016/679 regarding any Student Personal Data you receive from Applicant Advantage.

You also agree not to use the Service to send spam or other unauthorized communications, and you agree not to use any collected student data for purposes not authorized by Applicant Advantage. These prohibitions are addressed in further detail below.

 

Payment

You will honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices if applicable.

 

Refunds are subject to our policy.

If you subscribe to any of our paid Services, you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services.

We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services.

When you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period; unless you cancel before the renewal date.

All of your purchases of Services are final for the subscription period and are not subject to any refund provisions. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

 

Employer Account Guidelines

Through the use of the Service, you will be able to search and filter student results based on Following or application process. You agree to maintain a fair and equitable recruitment process when selecting student candidates. You also agree not to discriminate based on ethnicity, national origin, religion, age, gender, sexual orientation, disability, or veteran status as prohibited by law. You have the ability to contact students directly through the Service. By using this Service, you agree not to stalk, defame, bully, harass, abuse, threaten, intimidate, or impersonate any people or entities.

Employer Accounts are administered by designated Account Administrators. If the employer chooses to allow additional individual employees to access the Applicant Advantage Service through the Employer Account, you agree that the account administrators are responsible for the use of the Service by those individual employees, including requests related to personal data collected from those individual employees. You acknowledge and agree that Applicant Advantage is not responsible for the privacy or security practices of an administrator’s organization, which may be different than these Terms or our Privacy Policy.

You acknowledge and agree, moreover, that, to ensure your compliance with these Terms, Applicant Advantage may review the application flow associated with any new opportunity post before it becomes available to applicants on the Applicant Advantage Service.

 

Industry Partner Account Guidelines

Through the use of the Service, you will be able to search and filter student results based on Following or application process. You agree to maintain a fair and equitable recruitment process when selecting student candidates. You also agree not to discriminate based on ethnicity, national origin, religion, age, gender, sexual orientation, disability, or veteran status as prohibited by law. You have the ability to contact students directly through the Service. By using this Service, you agree not to stalk, defame, bully, harass, abuse, threaten, intimidate, or impersonate any people or entities.

Industry Partner Accounts are administered by designated Account Administrators. If the Partner chooses to allow additional individual employees to access the Applicant Advantage Service through the Partner Account, you agree that the account administrators are responsible for the use of the Service by those individual employees, including requests related to personal data collected from those individual employees. You acknowledge and agree that Applicant Advantage is not responsible for the privacy or security practices of an administrator’s organization, which may be different than these Terms or our Privacy Policy.

You acknowledge and agree, moreover, that, to ensure your compliance with these Terms, Applicant Advantage may review the application flow associated with any new opportunity post before it becomes available to applicants on the Applicant Advantage Service.

 

No Spam

We want Applicant Advantage to be a platform where all registered entities can connect with students and other users in a way that is productive for all involved. To that end, while we allow employers and industry partners to attract students through opportunities, we do not allow you to use the Service to send unsolicited marketing messages or broadcasts (i.e., spam).

Spam can take many forms, and our rules are meant to address a wide range of inappropriate content or messaging, including:

  • Unsolicited messages that aim to drive traffic or attention from the Applicant Advantage Service to accounts, websites, products, services, or initiatives not directly related to a job opportunity posted on the platform;
  • Bulk or repeated identical messages, or high-volume messages with a low student response rate;
  • Messages that fail to comply with applicable anti-spam laws and regulations.

If we determine that you have sent spam or other unauthorized content, we may take any action we deem necessary to protect our users’ experience or the Service, including demanding that you cease violating these Terms, suspending your student messaging privileges, or suspending or terminating your account(s).

 

General Guidelines for Students, Educators, Employers, and Industry Partners

The Content You Submit Belongs to You

Applicant Advantage does not claim ownership of any Content that you post on or through the Service. By making Your Content available on or through the Service you grant to Applicant Advantage a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly preform and distribute Your Content only in connection with operating and providing the Applicant Advantage Service.

You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the Applicant Advantage Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

 

Our Intellectual Property Belongs to Us

Applicant Advantage Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Applicant Advantage, we own and retain all rights to the Applicant Advantage Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Applicant Advantage Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit our Content.

The Applicant Advantage name and logo are our trademarks, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Applicant Advantage, and may not be copied, imitated, or used, in whole or in part, without prior written permission.

 

Termination

We reserve the right to suspend or terminate your account(s) for violation of these Terms of Service or any other policies associated with the Services.

 

Account and Website Security and Integrity

While we take steps to protect your data from unauthorized access, security is a team effort. You are responsible for keeping your password secret and secure, and we encourage you to update your password regularly.

By using this Service, you agree not to change or modify the Service to falsely imply that it is associated with another website. Creating accounts through unauthorized means, including scripts, bots, or automated crawlers is prohibited, as is collecting content through crawling, scraping, or caching of user profiles without our express consent.

You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Service or any other Applicant Advantage terms.

 

No Monitoring

You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that we are not responsible or liable for your conduct. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

 

Third Party Links

Our Service contains links to third-party websites, apps, services, and resources (collectively “Third-Party Services”) that are not under Applicant Advantage’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.

 

Violation and Enforcement of These Terms

We reserve the right to refuse access to the Service to anyone for any reason at any time. We reserve the right to force forfeiture of any username or account for any reason. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Service.

 

Controlling Terms

Applicant Advantage is continually improving its Service, and we may occasionally offer special features or functionality which include additional Terms of Service. If any of the additional Terms conflict with the Terms described below, the additional Terms control.

 

Reporting Copyright and Other IP Violations

We respect other people’s rights, and expect you to do the same. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

 

Disclaimer of Warranties

The service, including, without limitation, Applicant Advantage content, is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither Applicant Advantage nor any of its employees, partners, managers, officers or agents (collectively, the “Applicant Advantage parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the service; (b) the Applicant Advantage content; (c) user content; or (d) security associated with the transmission of information to Applicant Advantage or via the service. In addition, the Applicant Advantage parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

The Applicant Advantage parties do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses. The Applicant Advantage parties do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete, or useful. You acknowledge that your use of the service is at your sole risk. The Applicant Advantage parties do not warrant that your use of the service is lawful in any particular jurisdiction, and the Applicant Advantage 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.

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.

The Applicant Advantage 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.

Users hereby give any consents required by law for the services to operate as set forth in these Terms of Service.

 

Limitation of Liability; Waiver

Under no circumstances will the Applicant Advantage 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: (a) the service; (b) the Applicant Advantage content; (c) user content; (d) your use of, inability to use, or the performance of the service; (e) any action taken in connection with an investigation by the Applicant Advantage parties or law enforcement authorities regarding your or any other party’s use of the service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the service’s operation; or (h) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Applicant Advantage parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service). In no event will the Applicant Advantage parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the Applicant Advantage parties total liability to you for all damages, losses or causes of action exceed one hundred United States dollars ($100.00).

You agree that in the event you incur any damages, losses or injuries that arise out of Applicant Advantage’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the Applicant Advantage parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the Applicant Advantage parties.

By accessing the service, you understand 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, 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.”

Applicant Advantage 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 against any such third parties.

 

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 Applicant Advantage’s request), indemnify and hold the Applicant Advantage 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 any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Service; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Applicant Advantage in the defense of any claim. Applicant Advantage 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 Applicant Advantage.

 

Dispute Resolution

You agree that any dispute between you and Applicant Advantage arising out of or relating to these Terms of Service, the Applicant Advantage Service, or any other Applicant Advantage products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

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 Illinois without regard to its conflict of laws principles.

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Applicant Advantage, you agree to try to resolve the Dispute informally by contacting us here. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Applicant Advantage may bring a formal proceeding.

We Both Agree To Arbitrate: You and Applicant Advantage agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting us here (insert link) within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement. Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Chicago, Illinois, or any other location we agree to.

Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Applicant Advantage will pay all arbitration fees for claims less than $75,000. Applicant Advantage will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to Agreement to Arbitrate: Without first engaging in arbitration or the informal dispute resolution process described above, either you or Applicant Advantage (1) may assert claims, if they qualify, in small claims court in Chicago, Illinois, or any United States county where you live or work and seek an amount up to the jurisdictional limit for individuals in such small claims court (notwithstanding any limitation on such damages set forth herein), or (2) may bring a lawsuit solely for injunctive relief (including, in the case of Applicant Advantage, to stop unauthorized use or abuse of the Applicant Advantage products or Applicant Advantage Service), or for infringement or material breach of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). .

No Class Actions: You may only resolve Disputes with Applicant Advantage on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.

Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Applicant Advantage agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cook County, Illinois. Both you and Applicant Advantage consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Applicant Advantage products or Applicant Advantage Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

 

Governing Law & Venue

These Terms of Service are governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law.

If any provision 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 and will not affect the validity and enforceability of any remaining provisions. Applicant Advantage’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Service constitute the entire agreement between you and Applicant Advantage and governs your use of the Service, unless you have a separate signed agreement with Applicant Advantage that states it supersedes this Terms of Service.

You will not assign the Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Applicant Advantage. Any purported assignment or delegation by you without the appropriate prior written consent of Applicant Advantage will be null and void. Applicant Advantage may assign these Terms of Service or any rights hereunder without your consent. Applicant Advantage