July 5, 2018
Terms of Service:
You understand that by accessing or using any of the Platform Services, you agree to become bound by these Terms as posted, which may be updated and changed by us as needed. We will notify you of any material changes to these Terms through a notice sent to you by email to the email address you have registered with us. Your continued use of the Platform Services after the effective date of the amended terms will constitute your acceptance of the amended Terms. It is your responsibility to check the Website prior to using the Platform Services for any updates or changes that may impact you. These Terms constitute a legally binding document and failure to comply with these Terms may result in the termination of your relationship with WeSolv. Use of the Platform Services is available only to legal entities and persons who are the age of majority for the state in which the entities or persons reside.
WeSolv provides a platform whereby participating partner companies (each, a “Company”) may post case competitions (also referred to as “Enterprise Challenges”), source ideas or use WeSolv’s user database to identify and recruit potential job candidates from among WeSolv’s user pool of prospective students, students, and recent graduates (each, a “Student”). Companies may be commercial enterprises, not-for-profit organizations, local, state, or federal governments (including agencies of the United States government), or other entities. By using the Platform Services, you acknowledge that WeSolv does not control in any manner the nature, quality, legality or timing of Enterprise Challenges. You agree that WeSolv is a neutral forum for Enterprise Challenges to be posted and for Students to submit proposals or ideas for any individual Enterprise Challenge (each, a “Solution”). Companies request the posting of Enterprise Challenges and invite Students to submit Solutions in accordance with individual Enterprise Challenge rules (“Enterprise Challenge Rules”). If Student applies to a Enterprise Challenge, he or she agrees to these Terms and all applicable Enterprise Challenge Rules.
WeSolv will use reasonable efforts to keep postings related to the results of Enterprise Challenges and any monetary or material compensation given to Students for their activity through the Platform Services (“Enterprise Challenge Rewards”) as current as possible. However, we do not guarantee that the postings or content on the Website will be current at all times.
WeSolv is not in any way responsible for, any interactions between Students and Companies, except to the extent necessary to maintain the Platform Services. WeSolv expressly disclaims any responsibility for any interactions between Students and Companies. For avoidance of doubt, WeSolv disclaims any responsibility for any employment opportunities, services provided to Companies, or any other services procured or made available through the Platform Services, even if WeSolv investigates or attempts to verify any information in connection therewith. You agree that you must evaluate and bear all risks associated with the use of the Platform Services, including the Platform Materials (as defined below) and any user Content (as defined below), and that you may not rely on the Platform Materials or user Content.
In order to access the Platform Services, you will be asked to register and create an account. By registering an account, you represent that you are 18 years of age or older. Depending on your intended use of the Platform Services, you may be asked to designate your account as either a Student Account (i.e., for a Student) or a Company Account (i.e., for a Company). Your obligations and rights under these Terms may vary depending on whether you registered as a Student or a Company. Also as part of the registration process, you may be asked to select a username and password, and may be required to provide WeSolv with certain information about yourself, including some types of personally identifying information such as your email address, employer or educational institution. Company accounts may also be asked to provide payment/billing information to be pro. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. Should your eligibility for a WeSolv account as outlined above change during your time using the Platform Services, you must notify WeSolv within a reasonable amount of time, but no later than thirty (30) days after such change by emailing email@example.com. You shall not use the name or email of (a) another person with the intent to impersonate that person; or (b) an entity without appropriate authorization. We reserve the right, in our sole discretion, to refuse, suspend, or revoke your account via the Platform Services upon discovery that any account information provided is untrue, inaccurate, or incomplete, or such information or other conduct otherwise violates these Terms, or for any other reason or no reason in our sole discretion.
Only you are permitted to access the Platform Services through your account. Without limiting the foregoing, you are fully responsible for your account, including use of the account by any third party, and maintaining the confidentiality of your password. You may suspend your account at any time by emailing info@WeSolv.com.
No Conflicts.You further represent and warrant that your receipt of or provision of services (as applicable) via the Platform Services does not breach any contract (such as an employment, consulting, confidentiality or non-disclosure agreements) or in any way, conflict with or violate any arrangement, understanding or agreement to which you or your business is a party or by which you or your business are bound. To the extent your ability to provide or receive services through the Platform Services is restricted by any agreement or arrangement, you represent that you have obtained all necessary consents or waivers to provide or receive the services as either a Student or a Company through the Platform Services. Notwithstanding the foregoing, WeSolv may determine your eligibility to create an account through the Platform Services in its sole discretion.
WESOLV GENERAL POLICIES
• Identity and Account Security.
WeSolv reserves the right to validate your information at any time, including but not limited to validation against third party databases or verification of one or more official government or legal documents that confirm your identity. You authorize WeSolv, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address and accuracy of your representations.
You represent and warrant that you have the right, power and authority or have valid licenses to all data, feedback, content or other materials uploaded, posted, published or displayed through the Platform Services (collectively, “Content”). You hereby grant WeSolv a worldwide, non-exclusive, royalty free, fully paid, transferable, sub-licensable, perpetual, and irrevocable license to copy, modify, display, perform, distribute, create derivative works of and otherwise use your de-identified and aggregated Content in connection with: (i) the operation of the Platform Services, (ii) statistical data, (iii) research and development, and (iv) marketing purposes.
• Content Release and Indemnification.
You additionally release WeSolv, and any and all persons acting under its permission or authority from any claim, liability, or action in law, including any claims for defamation, copyright infringement, or invasion of privacy, arising in connection with your Content. Further, you agree to indemnify, defend, and hold harmless WeSolv and its clients (including any Company users to whom you provide Services if you are a Student) from and against any third-party claim that your Content or the use of your Content infringes upon any patent, trademark, copyright, trade secret, or other intellectual property right.
• Prohibited Content.
You are solely responsible for your Content and you agree not to upload any Content to the Website or work on any Enterprise Challenge which violates any part of these Terms or applicable laws. You are solely responsible for your Content and for ensuring it does not violate any part of these Terms or applicable laws. WeSolv retains the right to investigate and take appropriate legal action against any Student or Company who fails to do so. It is the sole discretion of WeSolv to determine what is objectionable and what constitutes a reason to restrict or terminate your use of the Platform Services. If a Company entity has multiple employees authorized to access and receive the Platform Services through the Website, the Company will be responsible for any employee who violates these Terms.
Prohibited Content includes, but is not limited to, anything which:
● Is protected health information under the Health Information Portability and Accountability Act;
● Infringes any proprietary, contractual, proprietary or privacy rights of any party;
● Is deemed to be material nonpublic information that if disclosed would violate securities laws;
● Contains software viruses, files, programs or any other computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment;
● Constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities (e.g. junk mail, spam, chain letters, pyramid schemes, contests, sweepstakes or other solicitations);
● Is in violation of any applicable laws;
● Is inappropriate, vulgar, harassing, obscene, pornographic, threatening or is in any other way objectionable
Data Collected from Content.
WeSolv may collect, at its discretion, data exchanged between Company and Student (excluding any Company confidential or proprietary information). Data includes, without limitation, information regarding project requests, details, timelines, memos, and uploaded content including work product and communications between Companies and Students. WeSolv may use this data for statistical, research and development, and marketing purposes and does not consider any data with regard to communication as personal information. However, we may use said data along with personal information in a de-identified and aggregated form for the same purposes set forth above.
You may submit comments or ideas about the Platform Services, including without limitation, information about how to improve the Platform Services (collectively, “Feedback”). By submitting any Feedback, you agree that: (a) your disclosure is voluntary, free, unsolicited, and without restriction, (b) your Feedback does not contain the confidential or proprietary information of third parties, and (c) we are free to use the Feedback without any compensation to you and to disclose the Feedback on a non-confidential basis or otherwise to anyone.
Work Product (applicable to Students only).
Additionally, you represent and warrant that you will not incorporate into any Work Product provided to a Company hereunder through the Platform Services any confidential information, or trade secrets of any other person or entity, material non-public information, or any material in which any other person or entity may assert any copyright, patent right, trademark, or other proprietary or intellectual property right. Additionally, Students agree to meet any and all professional standards in producing Work Product for Companies and that any Solution submitted is subject to the additional terms and conditions in any applicable Enterprise Challenge Rules. “Work Product” means any tangible or intangible results or deliverables that Student agrees to create for, or actually delivers to, Company as a result of performing the Services, including, but not limited to, inventions, discoveries, designs, developments, methods, modifications, improvements, ideas, products, processes, algorithms, databases, computer programs, formulae, techniques, know-how, trade secrets, graphics or images, and audio or visual works and other works of authorship, whether or not patentable or copyrightable, and any intellectual property developed in connection therewith.
Work Product Ownership
By submitting a Solution, all Students agree to grant and hereby grant to the Company the Work Product and all intellectual property rights contained within their Solutions, regardless of whether any such Solution is a winning Solution, and understand their Solutions may be used by the Company as it sees fit. All Companies agree that at least one winning Solution will be chosen for each Enterprise Challenge, with an accompanying Enterprise Challenge Reward paid by Company to the Student who provided the winning Solution. The Solution, including without limitation all Work Product and intellectual property rights in such Solution, will be the sole and exclusive property of Company, and Company will be deemed to be the author thereof. To the extent permissible under applicable law, Work Product will be considered work made for hire pursuant to the U.S. Copyright Act, 17 U.S.C. §§ 101 et seq., and any foreign equivalent thereof. If a Student has any intellectual property rights to the Work Product that are not owned by Company, Student hereby automatically irrevocably assigns to Company all right, title and interest worldwide in and to such intellectual property rights. Except as set forth above, Student retains no rights to use, and will not challenge the validity of Company’s ownership in, such intellectual property rights. Student hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the Work Product.
Work Product License to WeSolv
Additionally, Student and Company agree to grant and hereby grant to WeSolv a perpetual, irrevocable, fully paid, royalty-free, worldwide license to reproduce, create derivative works from, distribute, publicly display, publicly perform, use, make, have made, offer for sale, sell or otherwise dispose of, and import the Work Product, excluding any Confidential Information belonging to either Student or Company.
PAYMENT TERMS AND PAYMENT METHODS
Enterprise Challenge Reward Payment.
Payment of Enterprise Challenge Rewards will be handled in accordance with the terms set forth in the Enterprise Challenge Rules. The conditions for qualifying for a particular Enterprise Challenge Reward shall be as set forth on the Website in connection with that particular Enterprise Challenge listing and may include a list of excluded Solutions. The decision as to qualifying criteria and conditions and whether to accept a Solution is entirely within the discretion of the Company. For Enterprise Challenge Rewards and all other Rewards, WeSolv reserves the right to refuse payment and/or delivery at its own discretion.
Payment of any Enterprise Challenge Reward is conditioned your cooperation with WeSolv’s verification procedures. The Enterprise Challenge Reward will be paid to you locally, in U.S. Dollars, or if required by your local law, in your local currency equivalent based on the foreign exchange rate in effect on the date of the disbursement by WeSolv. Company is not responsible for payment of any Enterprise Challenge Reward, or any part of any Enterprise Challenge Reward, to any party other than to the Student who submitted the Winning Solution through the Platform Services. You understand that any Enterprise Challenge Reward represents a complete payment, net of any local taxes that may be required to be withheld by law, and that you are not entitled to any other compensation of any kind. If local law does not require withholding of taxes, all taxes on Rewards shall be your sole responsibility. All Enterprise Challenge Rewards paid by Company are non-refundable, whether or not Enterprise Challenges were satisfactorily completed.
All fees charged by WeSolv for services provided through the Platform Services are non-refundable, whether or not Enterprise Challenges were satisfactorily completed.
WeSolv will have no responsibility for determining the necessity of or for issuing any tax forms, or for determining, remitting, or withholding any taxes applicable to Enterprise Challenge Fees. Companies and Students will be solely responsible for determining whether Company/Student is required by applicable law to file any tax forms or remit to the appropriate authorities any taxes or similar charges applicable to the Enterprise Challenge Fees, and filing any such tax forms and remitting any such taxes or charges to the appropriate authorities. WeSolv will have the right, but not the obligation, to audit and monitor Company’s/Student’s compliance with applicable tax laws as required by this Section. Further, in the event of an audit of WeSolv, Company/Student agrees to promptly cooperate with WeSolv. Student agrees to provide copies of Student’s tax returns, and other documents as may be reasonably requested for purposes of such audit.
YOUR ACKNOWLEDGMENT OF WESOLV’S ROLE
Agreements between Company and Students.
You expressly acknowledge, agree and understand that: (i) the Platform Services are merely a venue where users may act as either Companies or Students; (ii) WeSolv is not a party to any written agreements between Companies and Students; (iii) as a Student, you recognize, acknowledge and agree that you are not an employee of WeSolv and that WeSolv does not, in any way, supervise, direct, or control your work or Services; (iv) WeSolv will not have any liability or obligations under or related to written agreements between Company and Students or any acts or omissions by you or other users; (v) WeSolv has no control over Students or over the Services promised or rendered by Students; and, (vi) WeSolv makes no representations as to the reliability, capability, or qualifications of any Student or the quality, security or legality of any Services, and WeSolv disclaims any and all liability relating thereto.
WeSolv facilitates introductions of Students to Companies and helps Students find Enterprise Challenges. Additionally, WeSolv provides search tools and automatic email notifications that may facilitate such introductions. WeSolv merely makes the Platform Services available to enable Students to identify and determine the suitability of Companies and Enterprise Challenges for themselves, and to enable Companies to identify and determine the suitability of Students for themselves. WeSolv does not direct, has no control over, makes no representations, and does not guarantee the quality, safety or legality of Services and Enterprise Challenges advertised, the truth or accuracy of associated listings, the qualifications, background, or identities of users, the ability of Students to deliver Services, the ability of Companies to pay for Services, or that a Company or Student can or will actually complete a transaction.
NO BACKGROUND CHECKS
WeSolv is not required to and does not verify any information given to us by Students or Companies, nor does WeSolv perform background checks on Students or Companies. WeSolv may provide information about a Student or Company, such as a strength or risk score, geographical location or third-party feedback, background check or verification of identity or credentials. However, such information is based solely on data that Student or Company submits. WeSolv provides such information solely for the convenience of its users and is not an introduction, endorsement or recommendation by WeSolv.
WESOLV’S PROPRIETARY RIGHTS
Unless WeSolv explicitly states otherwise in an agreement between you and WeSolv, as between you and WeSolv, WeSolv owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through our Platform Services (“Platform Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Platform Materials. All Platform Materials are protected pursuant to copyright, trademark, patent and other applicable laws. As between any user of the Platform Services and WeSolv, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Platform Services are proprietary to WeSolv or its affiliates, licensors (including Companies), or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Platform Materials, other than the right to use the Platform Materials in accordance with these Terms.
Using our Platform Services does not give you ownership of any intellectual property rights in our Platform Services or the content you access. You may not use content from our Platform Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Platform Services.
Restrictions on Use.
You agree that you will not use our Platform Services for: (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) contacting any other user of our Platform Services who has requested not to be contacted; (c) stalking or harassing anyone; (d) data mining, scraping, or for releasing spiders, robots, web crawlers, or any other data gathering or extraction tools to collect any information from our Platform Services, including any information related to the job postings, except to the extent our Platform Services are indexed by general purpose public search engines; (e) promoting any effort to compete with WeSolv, including using our Platform Services to provide, alone or in combination with any other product or service, any service to any third party or any use that causes a reduction or loss of business for WeSolv as related to an existing or potential customer; (f) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of our Platform Materials, unless otherwise authorized by these Terms or in a separate written agreement with WeSolv; (g) attempting to gain unauthorized access to WeSolv’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of our Platform Services; (h) any resale or commercial use of our Platform Services, the Platform Materials, or user Content; (i) using our Platform Services to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including any commercial purposes; (j) violating or offending any community or Internet standards of decency; or (k) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security features of our Platform Services aimed at preventing or restricting the unauthorized use of our Platform Services or any of the Platform Materials. You may only use our Platform Services and the Platform Materials consistently with these Terms. Any other use of our Platform Services or Platform Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of WeSolv is strictly prohibited. You acknowledge and agree that the unauthorized use of our Platform Services or the Platform Materials could cause irreparable harm to WeSolv and that in the event of such unauthorized use, WeSolv shall be entitled to an injunction in addition to any other remedies available at law or in equity.
No Reverse Engineering.
You will not, and will not permit any third-party, to reverse engineer the technology and software underlying the Platform Services or distributed in connection therewith is the property of WeSolv, our affiliates and our partners. You will not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the software underlying the Platform Services. Any rights not expressly granted herein are reserved by WeSolv.
Enforcement of Terms and Policies.
WeSolv has the right, but not the obligation, to monitor your use of the Platform Services, any Content that you transmit and the services provided by a Student to determine your compliance with these Terms and to suspend or cancel your access to the Platform Services if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms or violated our rights or those of another party. Without limiting WeSolvʼs other remedies, we may suspend or terminate your account, use self-help in connection with our rights to reclaim any available funds, and refuse to provide any further access to the Platform Services to you if (a) you breach any terms and conditions of these Terms or other written policies and procedures posted on the Website; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our other users or for WeSolv. Once suspended or terminated, you MAY NOT continue to use the Platform Services under a different account or reregister under a new account. If you attempt to use the Platform Services under a different account, we reserve the right to reclaim available funds in that account and/or use an available payment method to pay for any amounts outstanding. In addition, violations of these Terms may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. When your account is canceled, you may no longer have access to any parts of the Platform Services, including data, messages, files and other material you keep on the Website.
Third Party Websites.
The Platform Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. WeSolv has no control over such sites and resources and WeSolv is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that WeSolv will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource.
AVAILABILITY OF THE SERVICES
WeSolv uses reasonable efforts to ensure that the Platform Services are generally available. However, there will be occasions when access to the Platform Services will be interrupted or unavailable. WeSolv will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that WeSolv shall not be liable for any modification, suspension, or discontinuance of the Platform Services.
The information on the Platform is for informational purposes only. Without limiting anything else in these Terms or otherwise, WeSolv is not responsible for any errors or omissions in the Platform Services or the Platform Materials. WeSolv, its subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Platform Materials, user Content, products, data, services (whether performed by WeSolv, any Student or Company, or any third party), links, advertisements, or other items contained within the Platform Services. WeSolv reserves the right to immediately remove any Platform Materials or user Content for any reason or for no reason. WeSolv cannot and does not review all communications or products made available on or through the Platform Services, but, although not obligated to, may review, verify, make changes to or remove any user Content, Platform Materials, the products or services made available in connection with the Platform Services, including information submitted in connection with the Platform Materials or other features at any time, with or without notice in its sole discretion.
WeSolv does not warrant or guarantee the accuracy or completeness of any Enterprise Challenge nor does it endorse any Company.
WESOLV MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE PLATFORM SERVICES, ANY WORK PRODUCT PROVIDED HEREUNDER, WEBSITE, SERVICES PROVIDED BY STUDENTS, PLATFORM MATERIALS, ENTERPRISE CHALLENGES OR ANY ACTIVITIES OR ITEMS RELATED TO THESE TERMS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WESOLV DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE TERMINATION SECTION BELOW STATES YOUR SOLE AND EXCLUSIVE REMEDY AGAINST WESOLV WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES OR DISSATISFACTION.
LIMITATION OF LIABILITY
IN NO EVENT WILL WESOLV BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS OR DAMAGE, DESTRUCTION OR LOSS OF DATA, PRODUCTION OR PROFIT. THE AGGREGATE LIABILITY OF WESOLV FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) US$100 OR (B) ANY WESOLV FEES RETAINED BY WESOLV WITH RESPECT TO ENTERPRISE CHALLENGES ON WHICH YOU WERE INVOLVED AS COMPANY OR STUDENT DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE OF EVENT GIVING RISE TO SUCH CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
You will indemnify, defend and hold harmless WeSolv and its subsidiaries, affiliates, officers, agents, employees, representatives and agents (each, an “Indemnified Party”) from any and all claims, actions, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to your use of the Platform Services, any services or any Enterprise Challenge entered into by you (including without limitation claims that Student was misclassified as an independent Student or that WeSolv was an employer or joint employer of Student, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits), any user Content, your violation of these Terms or your violation of any rights of another person.
RELATIONSHIP BETWEEN THE PARTIES
Nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other.
GOVERNING LAW AND JURISDICTION; JURY TRIAL WAIVER
These Terms represent the entire agreement between you and WeSolv with respect to the subject matter hereof, and supersede all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Delaware, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, Content, or Platform Materials on the Platform Services, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in Delaware; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
You understand and agree that any disputes involving your relationship with WeSolv and any users of the Platform Services shall be resolved by arbitration before the American Arbitration Association, pursuant to the Commercial Arbitration Rules of the Association, in Dover, Delaware, and in accordance with the substantive laws of the State of Delaware.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, users of the Platform Services from California 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, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content made available in connection with the Website infringes your copyright, you (or your agent) may send us a notice requesting that the content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices should be sent to us at:
222 W. Merchandise Mart, Suite 1212
Chicago, IL 60654
By Email: firstname.lastname@example.org
No Third-Party Reliance.
You agree that you will not present to third parties any content or material in a manner that could be construed as conveying sponsorship, endorsement, option, or representation or warranty of WeSolv. This agreement shall have no third-party beneficiaries, other than Companies to whom Students submit Solutions in accordance with the terms of the applicable Enterprise Challenge Rules or applicable agreements.
The Platform Services are controlled and operated from within the United States. Without limiting anything else, WeSolv makes no representation that the Platform Services, Platform Materials, user Content, services, products, information or other materials available on, in, or through the Platform Services is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Platform Services from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of WeSolv to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.” You shall not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law.
If you would like to ask us any questions, inform us of a complaint regarding the Platform Services, or to receive further information regarding use of the Platform Services, please contact us at:
222 W. Merchandise Mart, Suite 1212
Chicago, IL 60654
By Email: email@example.com