Terms of Use
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY. THESE TERMS ARE PROVIDED TO YOU BY MY CAREER SHOP, INC. d/b/a CAREER SCHOOL APP (“CAREER SCHOOL APP”, “WE” OR “US”) AND GOVERN YOUR USE OF ANY PART OF THE WEBSITE, DIGITAL SERVICE OR OTHER SYSTEM OR SITE ON WHICH THESE TERMS ARE POSTED, INCLUDING ANY FUNCTIONALITY, CONTENT AND SERVICE INCLUDED THEREIN AND MADE AVAILABLE TO YOU BY CAREER SCHOOL APP (COLLECTIVELY, THE “SITE”). THESE TERMS SHALL APPLY AND BECOME BINDING ON THE FIRST DATE THAT YOU ACCESS ANY PART OF THE SITE OR USE ANY OF THE FUNCTIONALITY PROVIDED THROUGH THE SITE. BY ACCESSING OR USING THE SITE OR BY OTHERWISE ACCEPTING THESE TERMS, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND THAT THESE TERMS GOVERN YOUR USE OF THE SITE. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE.
NOTICE OF DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER): PLEASE BE AWARE THAT SECTION 20 (DISPUTES) AND SECTION 21 (ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL WAIVER) OF THESE TERMS CONTAIN A DISPUTE RESOLUTION PROCESS, ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL WAIVER THAT AFFECTS YOUR RIGHTS. YOU AGREE TO BE BOUND BY THESE PROVISIONS. PLEASE REVIEW THESE PROVISIONS CAREFULLY.
1. Changes to Terms
We may make changes to these Terms from time to time. Any changes to these Terms will be posted on the Site and we will indicate the date the Terms were last updated at the top of the updated version of these Terms. You understand and agree that your continued use of the Site after we have made any such changes constitutes your acceptance of the new Terms. If we make any material changes to these Terms, we will make a reasonable effort to inform you of such changes. However, it is your responsibility to review the Terms posted to the Site from time to time to see if they have been updated.
2. Minimum Age
You represent that you are at least 13 years of age. Career School App does not intentionally collect the personal information from any individual that is under thirteen (13) years old for any purpose.
3. Links to Third Party Sites
The Site may contain links to websites owned or operated by third parties or otherwise contain content provided by third parties (“Third-Party Materials”). Third Party Materials are provided solely as a convenience to you, and Career School App is not responsible for, does not endorse, and makes no representation regarding any Third-Party Materials. If you decide to visit any third-party site linked to this Site, you do so at your own risk. We encourage you to review the privacy policy and terms of use for such third-party sites.
4. Termination by Career School App; Surviving Terms
Career School App reserves the right, in its sole discretion, to limit or terminate or suspend your access to or use of the Site, in whole or in part, at any time without notice. Termination of such access or use will not waive or affect any other right or relief to which Career School App may be entitled at law or in equity. Upon any such termination or suspension, your right to use the Site will immediately cease and you must discontinue use of the Site. Career School App reserves the right to immediately and permanently deactivate your Account and delete any information or content stored through your Account. The following Sections will survive any termination or expiration of these Terms: Sections 1, 3, 4, 5, 7, 9-11, and 13-24.
5. Privacy Policy
Please click here to view our Privacy Policy, which applies to personal information collected from or provided by you on the Site.
6. Video-Conferences
The Site makes available functionality for you to schedule and conduct one-on-one video conferences with staff from Participating Schools (“Video Conference”). Video Conferences are conducted through a third-party video conferencing service and are subject to the Video Conference terms, which are incorporated into these Terms by this reference. You can access the Video Conference terms by clicking here.
7. Content
A. SITE CONTENT. All content on the Site, including but not limited to text, graphics, images, videos, recordings, software, features, tools, code, information and other content (collectively, the “Content”), is the property of Career School App and its licensors, including Participating Schools, and is protected under United States and foreign copyright laws and other laws. Career School App grants to you a limited, personal, non-commercial, revocable, non-exclusive, non-sublicensable, and non-transferable license to use, access, download and copy the Content solely for your personal, non-public, non-commercial use in connection with your use of the Site. You may not sell or modify Content or reproduce, display, distribute or otherwise use Content in any way for any public or commercial purpose without Career School App’s prior written consent. Use of Content on any online or digital platform or in a networked environment other than as expressly authorized herein is prohibited. Unauthorized use of Content may be in violation of copyright, trademark and other laws. Other than as expressly allowed in these Terms, any other use of the Site or Content is expressly prohibited.
B. THIRD-PARTY CONTENT. The Site may contain certain content from third parties (“Third-Party Content”), which may be subject to its own additional license terms and policies. You should refer to the terms and policies posted on third-party websites prior to using any such site. Career School App does not endorse, oppose or edit any opinion, claim, or analysis expressed by any third-party or in such Third-Party Content.
C. PARTICIPATING SCHOOL CONTENT. The Site contains content provided by Participating Schools, including their program descriptions, campus information, logos, questions and other school-uploaded materials (“Participating School Content”). Career School App does not review or verify Participating School Content, including without limitation, accreditation claims, tuition or fee information, program outcomes, completion rates, employment or licensure outcomes, or financial aid representations. You should verify directly with the relevant Participating School before relying on such information.
CAREER SCHOOL APP EXPRESSLY DISCLAIMS ALL WARRANTIES, RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY CONTENT AND PARTICIPATING SCHOOL CONTENT DESCRIBED ON OR MADE AVAILABLE THROUGH THE SITE. YOU AGREE THAT CAREER SCHOOL APP IS NOT RESPONSIBLE FOR THE SUBSTANCE OR ACCESSIBILITY OF ANY THIRD-PARTY CONTENT OR PARTICIPATING SCHOOL CONTENT AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES THAT ARISE FROM ANY INTERACTIONS BETWEEN YOU AND ANY PARTICIPATING SCHOOL OR THIRD PARTY, REGARDLESS OF WHETHER SUCH INTERACTIONS WERE PERFORMED OR OCCURRED IN CONNECTION WITH OR THROUGH THE SITE.
8. Use of the Site
To use the Site, you must: (i) obtain access to the Internet; (ii) meet the minimum age requirements set forth above; and (iii) provide, update and maintain accurate, current, and complete information about yourself. We expect you to use the Site responsibly and to respect the rights of others. You agree that when using the Site or submitting any Submissions to the Site, you will not: (a) access data not intended for you or log onto a server or an account that you are not authorized to use; (b) circumvent or modify, attempt to or assist another in circumventing or modifying any security technology or software that is part of the Site; (c) interfere with service to any other user, or the software, networks or systems that we use to bring the Site to you, such as by submitting a virus or overloading, flooding, spamming, mailbombing or crashing the Site; (d) modify, alter or prepare other works based on the Site Content, Third-Party Content or Participating School Content, or distribute copies of or publicly perform or display such content, such as by posting the Content, Third-Party Content or Participating School Content on any network computer or distributing the Content, Third-Party Content or Participating School Content on or in any media; (e) decompile, reverse engineer or otherwise attempt to derive source code, underlying ideas, algorithms, structure or organization of the Site; (f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler or robot) to navigate, search, and/or extract information from the Site other than the search tools available on the Site and other generally available third-party web browsers (e.g., Google Chrome, Apple Safari, Microsoft Edge); (g) transmit or disseminate any kind of material that contains malware, viruses, bots, worms or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of the Site; (h) access, scrape, harvest, or otherwise use any portion of the Site or any Content, Third-Party Content or Participating School Content, data, text, or output accessible through it for text or data mining of any kind, or to develop, train, fine-tune, evaluate, validate, benchmark, or improve any software, algorithm, dataset, or model, including any artificial intelligence, machine learning, large language model, or generative AI system, whether for commercial, non-commercial, research, or any other purpose; (i) use the Site in a manner that is unlawful, tortious, deceptive, fraudulent, malicious, or otherwise harmful or injurious purpose; or (j) inconsistent with any and all applicable laws and regulations.
Any violation of these Terms or unauthorized use of any information or materials displayed on or available from the Site may violate copyright laws, trademark laws, laws of privacy and publicity and other laws and regulations and may result in, among other things, termination of your access to the Site by Career School App in its sole discretion. We have the right, but not the obligation, to remove any submitted or posted content for any reason.
9. Trademarks
The names, marks and logos appearing in the Site’s Content are, unless otherwise noted, trademarks owned by or licensed to Career School App. The use of these marks, except as provided in these Terms, is prohibited. From time to time, Career School App makes fair use in the Content of trademarks owned and used by third parties. Career School App makes no claim to ownership of those marks.
You may not use Career School App’s trade name, trademarks, service marks or other intellectual property assets or its branded products and services, for promotional, advertising or any other commercial purpose, unless and to the extent Career School App specifically agrees in writing.
10. User Submissions
Career School App welcomes your comments and contributions to our Site. However, you acknowledge that if you send or submit to Career School App any information, materials, suggestions, ideas, comments, photos, videos, or other user-generated content (collectively, “Submissions”) through or in connection with the Site, including on the interactive features made available on or through the Site or any social media account or page operated by Career School App, you are granting Career School App a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, prepare derivative works based on and publicly perform, display and distribute such Submission for any purpose whatsoever, without restriction and without compensating you in any way. You also grant and are authorized to grant Career School App the right to use, without consideration, any name or likeness you submit with any Submission. You agree this license is effective automatically (without further action by you) when you submit the Submission to Career School App. Any Submission is not private or confidential, nor is it protected by any privilege, and it may be read, collected, and used by others. You should not send us any Submission that you are legally prohibited from sharing or disclosing to us, contains product or service ideas that you intend to derive revenue from, or includes information you wish to remain confidential. You understand that your Submission may be made publicly available and Career School App is not responsible for any use or misuse (including any distribution) by any third party. You represent and warrant that (i) you own or otherwise control all the rights in any Submission you submit, and (ii) that the Submission is non-infringing and does not otherwise violate the rights of any person or entity.
As a user of the Site, you are responsible for your communications and the consequences of their posting. Therefore, you agree to not do any of the following things on the Site: (i) transmit to Career School App material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; (ii) send material that reveals trade secrets, unless you own them or have the permission of the owner; (iii) send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (iv) send material that is false or fraudulent, inaccurate or misleading; (v) send material that is unlawful, harmful, offensive threatening, abusive, defamatory, libelous, harassing, vulgar, obscene, profane, hateful, sexually explicit, racially, ethnically or otherwise objectionable; (vi) send advertisements or solicitations of business; (vii) send chain letters, pyramid schemes, political campaigning or spam; (viii) send material containing viruses or other malware; or (ix) impersonate another person.
Career School App is under no obligation to post, forward, transmit, distribute or otherwise provide any material available through the Site, including any Submission you provide to Career School App; accordingly, Career School App has an absolute right to remove any material available through the Site in its sole discretion at any time. Career School App reserves the right to expel users and prevent their further access to the Site for violating these Terms or the law and reserves the right to remove any communications from the Site.
11. Digital Millennium Copyright Act (“DMCA”) Infringement Notice
If you believe that any content or materials available on the Site infringes your copyright or the copyright of a person on whose behalf you are authorized to act, you may send a written notice of complaint to our designated copyright agent:
By email:
Subject: Attn: DMCA Notice
Email: legal@careerschoolapp.com
By mail:
Career School App
Attn: DMCA Notice
8401 Mayland Drive, Suite 10480
Richmond, VA 23294
You must include the following items in your complaint: (i) a description of the copyrighted work; (ii) a description of the material appearing on the Site (including where the material appears on the Site) that you wish to be taken down; (iii) your telephone number and either an e-mail address or physical mailing address where we may contact you; (iv) a statement by you of your good faith belief that the use of the material on the Site is not authorized by the copyright owner, the copyright owner’s agent or the law; (v) a statement by you that the information in your complaint is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner.
12. Account Creation
In order to use certain features or functionality of the Site, including, to apply to a Program at a Participating School, you must establish an account with us (an "Account"). You are not permitted to share, sell, distribute or otherwise transfer your Account or allow your login credentials to be used by any other individual, except for your parents in the event you are under eighteen (18) years old. You are responsible for maintaining the confidentiality of your Account and password (including any related security questions and answers), and for restricting access to your computer or other device used to access your Account. You agree that you are solely responsible for any activities or actions taken under your Account, whether or not authorized by you, including payments for application fees. You shall notify us immediately of any unauthorized use of your Account login credentials. We are not liable for any loss or damage from your failure to comply with this section. You represent and warrant that any information you provide to us is accurate, current and complete and that you will maintain and promptly update your information to keep it accurate, current and complete. If any information you provide to us is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Site.
13. Consent to Electronic Communications
When you sign up for an Account through the Site, or schedule video conferences through the Site, you have, by default, “opted in” to receiving transactional and promotional emails from Career School App. You may at any time opt out of receiving such emails by using the opt-out functionality embedded in such emails. We may communicate and transact with you electronically through the Site or through other electronic means.
14. Text Communications
If you provide a mobile phone number, you agree to receive SMS, MMS or text messages (“Text Communications”) from Career School App in connection with multi-factor authentication and other transactional messages in connection with your use of the Site, including to create an Account or to schedule a video-conference with a Participating School. You acknowledge and agree that: (i) Text Communications will be sent to the number you provide and whoever has access to that mobile phone or carrier account will be able to see this information; and (ii) you are the subscriber for the number you provide and will inform Career School App if you are no longer the subscriber. Message frequency will vary. Message and data rates apply. You can text “STOP” to the number you receive in Text Communications to opt out of Text Communications at any time, and reply “HELP” for help. Career School App will not share or sell your mobile phone number, or your SMS/text opt-in or consent data, with any third parties or affiliates for marketing or promotional purposes; we may share such information only with service providers that help us deliver these messages. Carriers are not liable for delayed or undelivered messages.
Participating Schools may separately send Text Communications, including admissions and marketing communications in connection with your application. In order to receive and respond to Text Communications from a Participating School, you will need to provide consent to the Participating School at the time you submit your application at the relevant Participating School. These Text Communications shall be governed by the consent disclosures presented at such time.
Please contact us by clicking here with any additional questions you may have about the content of Text Communications you receive.
15. Payments
The Site facilitates payment processing in connection with certain features or services, including to collect application fees on behalf of Participating Schools as part of their admissions process. Application fees are paid to Participating Schools, not to Career School App. By paying for anything through the Site, you are authorizing a third-party service provider (the “Payment Processor”) to charge your method of payment. Currently, the Payment Processor is Stripe, Inc. (“Stripe”). Payment processing services are provided by the Payment Processor and are subject to the Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively with the Stripe Agreements (as defined below), the “Payment Processor Agreements”). By agreeing to these Terms, users who use payment processing services also agree to be bound by the applicable Payment Processor Agreements for the payment function the user is using, as the same may be modified by the applicable Payment Processor from time to time. Please contact the applicable Payment Processor for more information. Stripe’s terms and conditions are available at https://stripe.com/legal and Stripe’s Privacy Policy available at: https://stripe.com/privacy (collectively, the “Stripe Agreements”). Career School App accepts secure payments through Stripe, which supports most major credit cards and other local payment options depending on your region. All transactions are processed in USD, unless otherwise specified. All payments are final and there will be no refunds (unless expressly permitted by a Participating School in writing), credits, or cancellations unless expressly disclosed at the time of payment, or by Career School App in writing, or as may be required under applicable law. Disputes regarding application fees, including refund requests, are between you and the relevant Participating School. Career School App does not collect or remit sales or similar taxes on application fees, and you are responsible for any taxes that may apply to your transactions with Participating Schools. You are responsible for ensuring that all payment information you provide through the Site is accurate and complete. You are also responsible for keeping your account credentials and payment information secure and confidential. Do not share your payment information with anyone. If your account information is compromised, lost, or stolen, you should notify us immediately, as you remain responsible for all transactions processed through your Account, including any unauthorized transactions.
16. WARRANTY DISCLAIMER
Although Career School App strives for accuracy in all elements of the Site, it may contain inaccuracies or typographical errors. Additionally, while users of the Site and Participating Schools are bound by these Terms or other terms to not submit false material, Career School App is not responsible for the violation of these terms by users, or for the reliance by users upon false or misleading material submitted by other users or Participating Schools. Some of the functionality made available on the Site utilizes artificial intelligence (“AI”). Career School App makes no representations about the accuracy, reliability, completeness or timeliness of online material or about the results to be obtained from using the Site. Your access and use of the Site and any of its content is at your own risk.
CAREER SCHOOL APP DOES NOT WARRANT THAT THE SITE OR ANY AI FUNCTIONALITY MADE AVAILABLE ON THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, CONTENT, THIRD-PARTY CONTENT OR PARTICIPATING SCHOOL CONTENT, OR ANY COMPUTER SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SITE RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CAREER SCHOOL APP SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, AI FUNCTIONALITY AND CONTENT, THIRD-PARTY CONTENT AND PARTICIPATING SCHOOL CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND CAREER SCHOOL APP DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. CAREER SCHOOL APP MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, THIRD-PARTY CONTENT, PARTICIPATING SCHOOL CONTENT, SOFTWARE, TEXT, GRAPHICS OR LINKS.
17. LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL CAREER SCHOOL APP, ITS LICENSORS OR SERVICE PROVIDERS OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES OF CAREER SCHOOL APP BE LIABLE TO YOU FOR: (i) ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAREER SCHOOL APP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (ii) ANY THIRD PARTY PRODUCT, APPLICATION, SERVICE OR TOOL MADE AVAILABLE THROUGH THE SITE; (iii) THE ACTS OR OMISSIONS OF ANY PARTICIPATING SCHOOL (INCLUDING THEIR EMPLOYEES, AGENTS OR REPRESENTATIVES), YOU, AN APPLICANT OR PROSPECTIVE APPLICANT; (iv) THE USE, INABILITY TO USE, OR MISUSE BY ANY PARTICIPATING SCHOOL (INCLUDING THEIR EMPLOYEES, AGENTS OR REPRESENTATIVES), YOU, AN APPLICANT, OR PROSPECTIVE APPLICANT OF ANY PERSONAL INFORMATION OBTAINED THROUGH THE SITE BY ANY PARTICIPATING SCHOOL (INCLUDING THEIR EMPLOYEES, AGENTS OR REPRESENTATIVES); OR (v) FOR ANY DELAY, REJECTION OR OTHER OUTCOME RESULTING FROM THE APPLICANT’S ADMISSIONS PROCESS WITH ANY PARTICIPATING SCHOOL.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL CAREER SCHOOL APP’S AGGREGATE LIABILITY TO YOU, DIRECT OR OTHERWISE, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT PAID BY YOU (IF ANY) THROUGH THE SITE IN THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION FIRST ACCRUED; OR (b) TWENTY DOLLARS ($20).
THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES IN THIS SECTION, IN WHICH CASE CAREER SCHOOL APP’S LIABILITY FOR DAMAGES IN CONNECTION WITH THESE TERMS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.
18. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Career School App and its respective officers, directors, employees, contractors and agents, from and against any and all losses, actions, claims, damages, fines, costs and expenses (including reasonable legal and accounting fees) arising from or related to: (i) your breach of these Terms; (ii) your misuse of the Site; (iii) any infringement, violation or misappropriation of any personal or proprietary rights of a third party; (iv) your violation of applicable laws, rules, or regulations; (v) your Submissions; or (vi) your interactions with any Participating School(s) and their employees, agents or representatives. Career School App reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim. The foregoing indemnification obligations do not apply to the extent they arise from Career School App’s fraud, gross negligence or willful misconduct.
19. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles, except to the extent that the Federal Arbitration Act governs the Arbitration Agreement in Section 21 (Arbitration Agreement, Class Action Waiver and Jury Trial Waiver) below.
20. Disputes
You and Career School App agree to first attempt in good faith to informally resolve any and all disputes arising out of or related to your use of the Site (each, a “Dispute”). Either party must send a notice to the other party that describes the Dispute (“Notice of Dispute”). The notice must include the claimant’s name, address, telephone number, sufficient information to identify any transaction at issue, and a detailed description of (i) the Dispute, (ii) the nature and basis of the claims, and (iii) the nature and basis of the relief sought with a calculation for it. The notice must be personally signed by the party initiating the Dispute (and counsel, if represented). You must send the notice by mail to our registered agent, Northwest Registered Agent LLC at the following address: 8401 Mayland Dr Ste A, Richmond, VA, 23294. If Career School App has a Dispute with you, notice will be sent to the address or email address associated with your Account or, if you do not have an account with us, to the address or email address you provided in connection with your Account or application (if applicable), or your publicly available address or email address. After a fully completed Notice of Dispute is received, you and Career School App agree to negotiate in good faith, including through an informal telephone conference if the party receiving the notice makes such a request. If such a request is made, you and a representative of Career School App must personally participate in the telephone conference (if the parties are represented by counsel, counsel may also participate). Absent an agreed extension, the parties shall work in good faith to schedule the informal telephonic dispute resolution conference within sixty (60) days of receiving the Notice of Dispute, or within a reasonable amount of time to accommodate the number of requested conferences, whichever is later. All applicable limitations periods (including statutes of limitations) shall begin tolling from the date of receipt of the Notice of Dispute. Completion of this informal dispute resolution process is required before either party initiates a claim. If the parties have not been able to resolve the Dispute within sixty (60) days of the date of the first resolution conference, or such other period agreed upon by the parties, either party may pursue to resolve the Dispute by initiating a claim: (a) in small claims court if the claim qualifies, so long as the action remains in small claims court and is not removed or appealed to a court of general jurisdiction; or (b) through arbitration in accordance with the procedures set forth in Section 21 (Arbitration Agreement, Class Action Waiver and Jury Trial Waiver), unless initiating a claim through arbitration is (A) prohibited by applicable law, or (B) involves infringement or misuse of intellectual property rights, in which case, following the expiration of the informal dispute resolution process above, you or Career School App may seek to resolve the Dispute through a court. Any Dispute that is not required to be resolved through arbitration will be instituted exclusively in the federal or state courts located in Virginia.
21. Arbitration Agreement, Class Action Waiver and Jury Trial Waiver
THIS SECTION 21 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”
You understand and agree that, except as otherwise prohibited by applicable law, you are waiving your right to sue or go to court to assert or defend your rights under these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis, the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.
A. ARBITRATION PROCEDURES. If the parties cannot resolve a Dispute through the informal dispute resolution process, either party may initiate arbitration by sending a demand to the other party that includes a statement of the legal claim being asserted and the factual basis for the claims, a description of the remedy being sought and an accurate, good-faith calculation of the amount in controversy. The party initiating arbitration must include in the demand a personally signed certification of compliance with the informal dispute resolution process. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules. The AAA’s rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the applicable AAA rules. Career School App will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. Unless the batch arbitration procedures discussed below are triggered, you may choose to have the arbitration conducted by telephone, based on written submissions, or in-person in the county where you live or at another mutually agreed location.
B. CLASS ACTION WAIVER. We each agree that, except as set forth below in the section entitled “Batch Arbitration”, any Dispute, whether in arbitration or litigation, will be conducted only on an individual basis and not on a class, representative, or collective basis, and any arbitrator hearing a claim may not: (i) combine more than one individual’s claim or claims into a single case; (ii) order, require, participate in or facilitate production of class-wide contact information or notification of other of potential claims; or (iii) arbitrate any form of a class, collective, or representative proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. Notwithstanding anything to the contrary in this Agreement, if a final decision, not subject to any further appeal or recourse determines that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and we agree that for that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in court.
C. AUTHORITY OF ARBITRATOR. The arbitrator shall have exclusive authority to resolve any Dispute, including without limitation, disputes arising out of or related to the interpretation, enforceability, revocability, scope, validity or application of this Arbitration Agreement or any portion of it, except for the following: (i) all Disputes arising out of or relating to the paragraph entitled “CLASS ACTION WAIVER,” including any claim that the ‘Class Action Waiver’ paragraph is unenforceable, illegal, void or voidable, or that it has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; and (ii) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator.
D. BATCH ARBITRATION. To the extent permitted by applicable law, to increase the efficiency of resolution, You and Career School App agree that if there are twenty-five (25) or more individual requests of a substantially similar nature (as defined below) filed against Career School App by or with the assistance of the same law firm, group of law firms, or organizations, within a sixty (60) day period, AAA shall: (i) administer the arbitration demands in batches of 100 demands per batch, provided upon execution of the batching process above, for any final batch in which there are less than 100 demands remaining, the final batch shall consist of the remaining demands despite not amounting to 100 demands; (ii) appoint one arbitrator for each batch; and (iii) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award. All parties agree that demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the batch arbitration process, the disagreeing party shall advise AAA, and AAA shall appoint a sole standing arbitrator to determine the applicability of the batch arbitrating process (“Process Arbitrator”). In an effort to expedite resolution of any such dispute by the Process Arbitrator, the parties agree the Process Arbitrator may set forth such procedures as are necessary to resolve such disputes promptly. The Process Arbitrator’s fees shall be paid by Career School App. You and Career School App agree to cooperate in good faith with AAA to implement the batch arbitration process including the payment of single filing and administrative fees for batches of demands, as well as any steps to minimize the time and costs of arbitration, which may include: (a) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (b) the adoption of an expedited calendar of the arbitration proceedings. This batch arbitration provision shall in no way be interpreted as authorizing a class, collective, and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
E. LIMITATION FOR CLAIMS. You agree that any Dispute that you have with Career School App which is subject to this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred, and that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
F. OPT-OUT. Within thirty (30) days of first accepting these Terms, you may decline this Arbitration Agreement by mailing Career School App a written opt-out notice at the following address:
Career School App
Attn: Legal (Opt-Out Notice)
8401 Mayland Drive, Suite 10480
Richmond, VA 23294
The opt-out notice must be postmarked no later than thirty (30) days after the date on which you first accepted these Terms. The notice must include: (i) your full legal name, mailing address, telephone number, and the email address(es) you used to create an Account or use certain features of the Site that require your email address; (ii) state clearly and unambiguously your intent to opt out of this Arbitration Agreement; and (iii) be personally signed by you. Notices that are not personally signed by you, or that are signed or submitted by an attorney, agent, or any other representative on your behalf, will not be effective. Each opt-out notice may relate to only one individual, and any opt-out notice submitted on behalf of multiple persons, or as part of any group, class, mass, collective, or consolidated submission will be ineffective. The procedure described in this paragraph is the exclusive method by which you may opt out of this Arbitration Agreement. We recommend you retain a copy of any notice you submit. If you opt out of this Arbitration Agreement under the procedure above, all other provisions of these Terms remain in full effect. Opting out of this Arbitration Agreement does not affect any other arbitration agreement, past or future, that you have entered into or may enter into with Career School App.
G. JURY TRIAL WAIVER. If for any reason a Dispute proceeds in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
22. Export Control
Career School App controls and operates the Site from the United States and does not claim that any part of the Site is appropriate or may be accessed or used outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site. You agree to comply with all U.S. or other export and re-export control restrictions. You represent and warrant that you are not: (i) located in, or a resident or a national of, any country subject to a U.S. government embargo or similar restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (ii) listed on any U.S. government lists of prohibited or restricted parties.
23. General
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 waiver of any provision in these Terms shall be a further or continuing waiver of such provision or any other provision in these Terms. The section names in the Terms are for convenience only and have no legal or contractual effect. You may not assign these Terms, or any of your rights or obligations hereunder, without the prior written consent of Career School App. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms at any time without your prior consent. Except as expressly provided elsewhere in the Site, these Terms and any other terms and conditions expressly incorporated by reference into these Terms by Career School App constitute the entire agreement between you and Career School App with respect to your use of the Site.
24. For California Users
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California, 95834, or by telephone at (800) 952-5210.
25. Contact Information
We welcome you to contact us with any questions, comments or concerns about Career School App's Site, by clicking here.