Last Updated: August 22, 2024

Terms of Services

These Intercollegiate Terms of Services (the "ToS") shall set forth the terms and conditions pursuant to which (1) job seekers (the "Job Seeker(s)") can review various job opportunities at colleges, universities and related organizations (the "School(s)") on the Winthrop Intelligence, LLC d/b/a Intercollegiate ("Intercollegiate”) website found at www.intercollegiate.co (the "Site") and (2) Job Seekers and Schools can purchase Services from Intercollegiate (the "Services").

If you disagree with any part of these terms, do not use the Site. We reserve the right, at our discretion, to change, modify, add or remove portions of the ToS at any time. Please check these terms periodically for changes. Your continued use of the Site following the posting of changes to the ToS will mean you accept those changes.

You acknowledge and agree that Intercollegiate is not procuring employees for School or procuring opportunities to work for Job Seekers. Intercollegiate provides a web-based platform as a tool that enables Job Seekers to discover job postings by Schools and apply for jobs directly on the Schools' website and lets Schools use the Services to identify qualified job candidates to contact. THE SOLE RESPONSIBILITY FOR ANY ISSUES ARISING FROM EMPLOYMENT, AND ANY OTHER ISSUES ARISING FROM THE USE OF THE SITE OR THE SERVICES, IS SOLELY WITH THE SCHOOL OR JOB SEEKERS, AS APPLICABLE.

All references to "you” or "your" shall mean the Job Seeker and/or School, as applicable.

The School shall not use any information on the Site or made available through the Services except for selecting and/or contacting a Job Seeker. The only permitted use of the Services is to contact a Job Seeker about a Job Opportunity.

1. Terms Applying to Those Seeking Job Opportunities

1.1 - As a Job Seeker, you are permitted to use the Site and its content solely for non-commercial purposes.

1.2 - Intercollegiate may make available employment opportunities and other job-related content, including links to third-party websites (collectively the "Job Opportunities”), through the Site. Searching for Job Opportunities on the Site is free for Job Seekers. Premium placement on the Site of certain Job Opportunities may be based on compensation paid by a School to Intercollegiate.

1.3 - You acknowledge that Intercollegiate has no control over the content of the Job Opportunities or any conditions School might impose on a Job Seeker that have accessed, reviewed or responded to a Job Opportunity. If you choose to enter a School website related to a Job Opportunity, you accept any terms and conditions imposed by that School. Intercollegiate has no obligation to screen any Job Opportunities, or to include any Job Opportunities, in its search results or other listings, and may exclude or remove any Job Opportunities from the Site or search results without any obligation to provide notice for removal or exclusion. We cannot confirm the accuracy or completeness of any Job Opportunity. Intercollegiate assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Opportunities or any information related to the Job Seeker.

1.4 - Intercollegiate may provide search options to help you narrow down Job Opportunities search results by job type categories, and such categories are created independently and entirely by Intercollegiate. Intercollegiate may also promote Job Opportunities by select Schools on certain webpages dedicated to specific topics. The placement of Job Opportunities on a dedicated webpage is not a representation regarding the nature of the role for legal purposes or a representation regarding the attributes of School. No inferences can be drawn with respect to Job Opportunities or Schools that are not displayed on dedicated webpages.

1.5 - Intercollegiate assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Opportunities or any information related to a Job Seeker.

2. Responding to Job Opportunities

2.1 - Any information that you submit through the Site, including personal data, is subject to this ToS and to Intercollegiate's Privacy Policy www.intercollegiate.co/privacy-policy. To maintain the quality of the Site and Services, Intercollegiate in its sole discretion may impose limits on your ability to view the Site or a School's purchase of Services.

2.2 - Intercollegiate does not have control over the School's use or disclosure of that information that you might provide to the School or Intercollegiate. If you want to request the School or Intercollegiate to delete, modify, or maintain confidence over any such information, you must make such a request directly to the School or Intercollegiate, as applicable. If you require alternative methods for communicating with a School, you must approach the School directly to request such alternative method, as Intercollegiate is not responsible for the School communications.

2.3 - Please note that Job Opportunities may expire between the time you review, access or respond to a Job Opportunity and the time it is received by School. Intercollegiate has no responsibility for expired Job Opportunities or for delivering a communication prior to a Job Opportunity's expiration, and Intercollegiate and its third-party providers may store your related information regardless of whether a Job Opportunity has been closed or is no longer available on the Site. Intercollegiate also cannot confirm the technical capabilities of any School website or any other third-party sites.

2.4 - By using Intercollegiate, you agree that Intercollegiate is not responsible for the content of the Job Opportunities or for School's job applications, requirements, messages or their format or method of delivery, and that Intercollegiate does not guarantee receipt of your messages from the School. Please note that Intercollegiate does not decide the job qualification criteria of the Schools. Schools are solely responsible for compliance with all applicable laws, including the Fair Credit Reporting Act and similar laws, anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, The Americans with Disabilities Act, and any applicable data protection or privacy laws. If you have questions or concerns about a School's application materials, please contact the School directly or refer to their privacy policy. Intercollegiate does not guarantee the identity of a School or any individuals working for any School and cautions Job Seekers when applying to jobs. Intercollegiate does not guarantee the validity of a Job Opportunity and recommends Job Seekers to verify the validity of a Job Opportunity before taking any action regarding their current employment. Job Seekers are solely responsible for verifying the accuracy of any School or Job Opportunity.

2.5 - As part of its efforts to combat fraud and spam, Intercollegiate may require that users verify their email address.

3. Purchase of Services by Job Seeker and School

Each order for Job Seeker's and School's (each a Buyer) purchase of the Services ("Order Form") shall include the following: (a) the Services to be purchased from Intercollegiate; (b) the fees to be paid for the Services and applicable payment terms (the "Services Fee''); (c) the duration of the term for such Services; and (d) all other terms agreed to between the Buyer and Intercollegiate. All such purchases of the Services shall be subject to the applicable terms of this ToS. Intercollegiate shall invoice the School for the Services Fee (and all applicable sales and uses taxes) on the date that School submits a completed Order Form that is accepted by Intercollegiate. The Services Fee shall be paid by Buyer on the due date. Intercollegiate will not be responsible for any costs associated with Buyer paying Intercollegiate the Services Fee. In addition to any other rights granted to Intercollegiate herein, Intercollegiate reserves the right to suspend or terminate this ToS and the access to the Services if the Buyer fails to pay any amount due on the payment due date. If collection efforts related to non-payment or late payment of Intercollegiate invoices proves necessary, Buyer agrees to pay all fees incurred by that process, including reasonable attorney fees and court costs.

4. Communications on the Site

When you view the Site, you agree that the portions of the Site you viewed may be processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites' rules and other Intercollegiate policies, content moderation, and to improve the Site or any other Intercollegiate product or service whether via automated means or otherwise.

5. Limitation of Liability and Other Restrictions

5.1 - TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND SCHOOL AGREE THAT INTERCOLLEGIATE IS NOT LIABLE TO YOU OR SCHOOL FOR ANY CLAIMS, DAMAGES (INCLUDING INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES), LIABILITIES, COSTS (INCLUDING LOSS OF DATA OR REVENUE) OR EXPENSES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE OR SERVICES (OR INABILITY TO USE OR HAVE ACCESS TO THE SITES AND SERVICES), OR THE JOB OPPORTUNITIES (COLLECTIVELY THE "CLAIMS"), AND YOU RELEASE INTERCOLLEGIATE FROM ANY SUCH CLAIMS. NOTWITHSTANDING THE GENERAL RESTRICTION ON CLAIMS, THE TOTAL LIABILITY OF INTERCOLLEGIATE TO A SCHOOL OR JOB SEEKER SHALL BE LIMITED TO ONE HUNDRED ($100) IN THE AGGREGATE.

5.2 - As a Job Seeker, you agree that any rights you have under any applicable employment, equality or discrimination laws, the US Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries, may only be asserted against the applicable School. Intercollegiate is not a third-party beneficiary of or liable for any agreements between a School and Job Seeker, regardless of whether or not Intercollegiate receives a fee from the School in connection with the Services. Intercollegiate assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of the Site, the Job Opportunities, any information that the Job Seeker may provide to us or the Schools and the Services.

6. Job Seeker Data

6.1 - As a Job Seeker, you take a variety of actions on our Site and you may provide various information. For example, you search for jobs, and Intercollegiate may know and/or store the titles of jobs you search for, where those jobs are located, the general salary range or experience level of the jobs you view, your amount of activity or time of most recent activity on the Site, and any other information you provide directly to and any of your other behavior on the Site. By using Intercollegiate, you acknowledge and agree that Intercollegiate may collect, record, process, analyze, and/or store any and all information you provide and activities you take on the Site, and any and all interactions you have with, on, or through the Site.

6.2 - Intercollegiate may collect and organize certain general, public information (including contact information such as email addresses and phone numbers) regarding the Job Seeker or a potential Job Seeker that may be searched and used by the School to identify and contact qualified job candidates. THE JOB SEEKER AND POTENTIAL JOB SEEKER AGREE THAT THIS IS PERMISSIBLE USE OF THE JOB SEEKER OR POTENTIAL JOB SEEKER’S INFORMATION BY THE SCHOOL AND INTERCOLLEGIATE. THE INFORMATION COLLECTED AND USED BY INTERCOLLEGIATE OR PROVIDED BY A JOB SEEKER OR A POTENTIAL JOB SEEKER, MAY BE REVIEWED, EDITED OR DELETED BY THE JOB SEEKER OR POTENTIAL JOB SEEKER IN ACCORDANCE WITH INTERCOLLEGIATE PRIVACY POLICY www.intercollegiate.co/privacy-policy. Intercollegiate is not responsible for the contact information provided by Intercollegiate or a Job Seeker or potential Job Seeker. The School is solely responsible for all communications with Job Seekers or potential job seekers, including compliance with the Telephone Consumer Protection Act.

6.3 - Please note that Intercollegiate may be required to comply with legal obligations or governmental requests or to establish or exercise its legal rights or defend against legal claims. This means, for example, that Intercollegiate may receive legal process from courts or law enforcement to reveal user data, including data provided by the Job Seeker or collected by Intercollegiate.

7. Intercollegiate Platform

The Site is a platform designed to provide Job Opportunities to Job Seekers and Services to Schools (the "Intercollegiate Platform"). YOU UNDERSTAND AND AGREE THAT THE SCHOOL IS SOLELY RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING ITS EMPLOYMENT AND HIRING PRACTICES, INCLUDING TITLE VII, AND THAT THE SCHOOL SHALL DEFEND, INDEMNIFY AND HOLD INTERCOLLEGIATE HARMLESS AGAINST ANY AND ALL CLAIMS (INCLUDING RELATED LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES INCLUDING LEGAL FEES, AND RELATED COURT COSTS) BROUGHT AGAINST INTERCOLLEGIATE, (AND ITS BOARD MEMBERS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS) ARISING FROM SCHOOL'S USE OF INTERCOLLEGIATE PLATFORM OR THE SERVICES. INTERCOLLEGIATE DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT SCHOOL'S USE OF THE SERVICES COMPLIES WITH TITLE VII OR ANY SIMILAR LAW. Intercollegiate has no control nor participates in the hiring or decision-making process regarding School hiring efforts. Further, you understand that Intercollegiate is not an employment agency by offering the Intercollegiate Platform. By using Intercollegiate Platform, you understand that Intercollegiate is not procuring employees for School or opportunities for Job Seekers. Intercollegiate provides the Intercollegiate Platform as a tool that enables Job Seekers to discover job postings by Schools and apply for jobs directly on the Schools' website.

8. Use of the Site

8.1 - The Site, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Site (and Services) is the property of Intercollegiate or its suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. Intercollegiate hereby grants you a limited, nonexclusive, non-transferable, personal license to use the Site for personal or informational purposes only. Except as expressly authorized by Intercollegiate in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the Site for any purpose or "scrape" from or "frame" or "mirror" the Site on any other server or wireless or Internet-based device. Access to and use of the Site and Services shall be limited to Job Seekers and those School employees named in the applicable Order Form. All rights not expressly granted herein are reserved to Intercollegiate and/or its licensors.

8.2 - To use certain features of the Site or participate in certain activities sponsored by Intercollegiate, we might ask you to register as a customer, user or participant. If so requested, each Site user must: (a) personally provide true, accurate, current and complete information on the Site's registration form (collectively, the Registration Data") and (b) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, Intercollegiate has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, Intercollegiate may suspend or terminate any and all current or future use of the Site by that user. A user may receive passwords and account designations upon completing certain Site registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations; all such passwords and account designations shall not be disclosed, provided or made available to anyone by the Job Seekers or those School employees named in the Order Form without the prior, express written consent of Intercollegiate.

8.3 - The Site may include the following interactive services: blogs, chat areas, forums and/or other message or communication facilities. All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether posted or transmitted to Intercollegiate or the Site, shall be collectively referred to as the "Content." The submitting user retains ownership of Content. Notwithstanding the user’s ownership, the submitting user grants the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to Intercollegiate to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Intercollegiate as not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. Intercollegiate shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers violating the ToS or be otherwise illegal. Intercollegiate, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of Site users and the public.

8.4 - We ask you to follow these rules when submitting Content: (a) you shall not upload to, distribute through or otherwise publish through the Site any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (b) you shall not use the Site to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (c) you will use this Site only in a manner consistent with all laws and regulations and in accordance with the ToS; (d) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from Intercollegiate; (e) you will only submit Content for which you have the copyright or other specific permission to distribute; and (f) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights. Intercollegiate shall not be liable in any way for any Content.

8.5 - The Services may use certain artificial intelligence software for the School and the Job Seekers. For example, the Services may use certain artificial intelligence software to assist the School in: (i) attracting qualified Job Seekers; and (ii) assisting with the selection of a Job Seeker for the Job Opportunities. All Services provided to the School and/or Job Seeker should result in a candidate selection rate that complies with applicable state law and is consistent with the EEOC's guidance for individuals of a particular race, color, religion, sex, or national origin to the extent that the information provided by the Job Seeker (e.g., resume/biography) and used by the School (job information related to the Job Opportunity) is used by the School in a manner consistent with EEOC guidance and applicable state law. The School takes full responsibility for determining whether such use of the Services is consistent with EEOC guidance and complying with applicable state law.

8.6 - During the Term on the Order Form, Schools who obtain Services grant the Intercollegiate a non-exclusive, royalty-free, worldwide license to use School’s name and logo (the “School Marks”) solely in connection with the promotion and marketing of the Intercollegiate’s products and services, and in order to promote job openings posted by the School (the “Purpose”). The rights granted herein include the use of the School Marks on the Intercollegiate’s websites, marketing materials, case studies, press releases, social media platforms, and any other promotional materials related to the Purpose. Intercollegiate agrees to comply with any usage guidelines provided by School concerning the School Marks.

9. Termination

Intercollegiate may terminate your use of the Site and the Services for: (a) breach of the ToS; (b) your abuse of Site resources or attempt to gain unauthorized entry to the Site; or (c) as required by law, regulation, court or governing agency order. Intercollegiate 's termination of any user's access to the Site may be affected without notice and, on such termination, Intercollegiate may immediately bar any further access to the Site. Intercollegiate shall not be liable to any user or other third party for any termination of that user's access to the Site. In the event of termination, Intercollegiate reserves the right to delete or save a user's Content at Intercollegiate's sole discretion.

10. Limited Warranty

10.1 - YOUR USE OF THE SITE AND SERVICES ARE AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INTERCOLLEGIATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10.2 - The School represents and warrants that: (a) it has the power and authority to enter into this ToS and any Order Form and to perform all of its obligations; (b) the performance of such obligations will not conflict with or result in a breach of any agreement to which the School is a party or is otherwise bound.

10.3 - The Job Seeker represents and warrants that: (a) it has the power and authority to enter into this ToS and any Order Form (if applicable) and to perform all of its obligations; (b) the performance of such obligations will not conflict with or result in a breach of any agreement to which the Job Seeker is a party or is otherwise bound.

11. Privacy

Intercollegiate agrees to treat your private personally identifiable information in accordance with this ToS and the terms of our then current privacy policy, which is incorporated herein for all purposes, and which is available for review at www.intercollegiate.com/privacy-policy or by sending an e-mail request to privacy@intercollegiate.co.

12. Copyrights

Intercollegiate respects the intellectual property rights of others and requires that the people who use the Site do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (b)identification of the copyrighted work that you claim has been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Intercollegiate to locate the material, including, if applicable the full URL; (d) your name, address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:

David H. Kaplan
New Counsel, PLC
4530 W. 77th Street, Suite 385
Edina, MN 55435
Phone: 612-259-7902
Email: dkaplan@newcounsel.com

13. Governing Law and Dispute Resolution

This ToS and any dispute arising out of or in connection with this ToS (a "Dispute") will be governed as to all matters by and under the laws of the State of Wyoming, United States of America, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Park County, Wyoming, U.S.A. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Park County, Wyoming, U.S.A. If you are a consumer resident in the EU, you also enjoy the protection of the mandatory provisions of the law of the country in which you have your habitual residence. The application of mandatory provisions limiting the choice of law and in particular the application of mandatory laws of the country in which you have your habitual residence, such as consumer protection laws, shall remain unaffected. You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service if you are located in the United States.

14. Class Action Waiver

As partial consideration for your use of the Site and the Services, you agree not to sue Intercollegiate as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Intercollegiate regarding your use of the Site or the Services. Your acceptance of this ToS, including this class action waiver, is an essential part of the bargain allowing your free use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, subject to Section 13 above.

15. General Terms

15.1 - This ToS constitutes the entire agreement between each user and Intercollegiate and govern each user's use of Site and Services, superseding any prior agreements. You may not assign or transfer this ToS or any Order Form without the prior written consent of Intercollegiate. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this ToS. The Site is controlled and operated by Intercollegiate from within the State of Wyoming, United States of America. Intercollegiate makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of this ToS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the ToS remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Intercollegiate and any user.

15.2 - In the event that Intercollegiate is unable to provide the Site or Services because of any cause reasonably beyond its control, including, without limitation, acts of God, pandemics, epidemics, quarantines or civil unrest (each a "Force Majeure Event"), Intercollegiate shall promptly give notice to the School or Job Seeker and shall take all measures to resume performance. Any such inability caused by a Force Majeure Event shall not constitute a breach of this ToS by Intercollegiate.

15.3 - Either party may give notice by personal service, by nationally recognized overnight courier service (e.g., FedEx or DHL) or by written communication sent by certified mail, return receipt requested, to the address on the Order Form. Such notice shall be deemed to have been given upon delivery in the case of personal service or overnight courier and the expiration of forty-eight (48) hours after the above mailing or posting.

15.4 Sections 3, 5, 7, 8.3, 9, 10, 11, 12, 13, 14 and 15 shall survive any termination of this ToS or expiration of the Services terms set forth in the applicable Order Form.