1. OUR ECOSYSTEM. We have designed our Services to meet the needs of various types of users of our Site and/or our Services (collective, the “Users”). You may be any one or more of the following types of Users, depending on how you are using the Services at any particular time:
- Candidate. A Candidate is a student, employee, faculty member, job applicant or other person who wish to manage their academic and professional credentials for their own benefit through our Services. As a Candidate you may receive your account through an association with an Institutional Customer or you may join Interfolio without such affiliation. Some of our Services designed for Candidates include the management of dossiers for our document transmission services (“Dossiers”) and the showcasing on our Site of online portfolios created by Candidates (a “Portfolio”). Dossiers may include among other things writing samples, transcripts, cover letters and letters of recommendations. Portfolios and Dossiers are explained in more detail below.
- Recommender. We refer to an individual who has been asked to submit a letter of recommendation for a Candidate as a Recommender. Recommenders utilize our Services by submitting letters of recommendation with our document management tags to us, via either: (i) postal mail; or (ii) via our portal by creating an account on our Site. Recommenders do not have to register to use our Service and may never log onto our Site if they elect to mail recommendations.
- Account Administrator. An Account Administrator is a person assigned by an Institutional Customer or Recipient who manages the access for his or her Institutional Customer and authorizes other Account Administrators, as well as in certain cases assigns and manages accounts of Candidates associated with such Institutional Customer.
- Institutional Customer. An Institutional Customer is an entity (generally but not always a college or university) for whom Interfolio has agreed to provide Services to such entity as well as to Candidates associated with, or seeking to be associated with, such entity, which Services are managed by an Account Administrator.
- Recipient. A Recipient is an entity (generally but not always a college or university) that uses our Services to evaluate Dossiers and/or Portfolios and find potential employees or other persons to be otherwise associated with such entity. An Institutional Customer may also be a Recipient as well when using our Services to evaluate Dossiers and/or Portfolios and find potential employees or other persons to be otherwise associated with such entity.
- Recipient User. A Recipient User is personnel of a Recipient that uses the Services on behalf of a Recipient to receive and/or evaluate Dossiers and/or Portfolios and find potential employees for or other persons to be associated with the Recipient. and/or its affiliated entities.
We refer to all Users other than Visitors and Recommenders who submit recommendations solely through postal mail as “Registered Users”. To become a Registered User, you must provide your name and email address (either directly to us, or we may receive it from an Institutional Customer) and select a password (your email address and password, collectively your “Log-In Credentials”). You may not transfer or share your Log-In Credentials with any third parties, and you are solely responsible for maintaining the confidentiality of your Log-In Credentials. You acknowledge and agree that we rely on Log-In Credentials to know whether Registered Users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using your Log-In Credentials, you authorize us to rely on the Log-In Credentials and to assume that it is you who is accessing the Site and Services. You are solely responsible for any and all use of your Log-In Credentials and all activities that occur under or in connection with your Log-In Credentials or account. You agree to be responsible for any act or omission on the Site or Services conducted under your Log-In Credentials. You agree not to register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity (except if you are an Account Administrator, in which case you may register for another person to the extent permitted within the Services but you agree to never use the Log-In Credentials of another person). You represent to us that all information in your account profile and the associated Dossiers and Portfolios is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete prior to each use of the Services. If we have a reasonable belief or suspicion that such information is not true, accurate, current, or complete, we may deny or terminate your access to the Site or Services (or any portion thereof).
2. MANAGING DOSSIERS AND PORTFOLIOS.
- Access. We will take reasonable efforts to restrict access to the Dossiers to Registered Users using their applicable Log-In Credentials who are authorized to view such information. However, no password-protected system of data storage and retrieval can be made entirely impenetrable and you acknowledge that our Site and the Services are not invulnerable to all security breaches or immune from errors, viruses, security threats or other vulnerabilities.
- Verification. We may, but are not obligated to, review individual confidential documents that comprise Dossiers as is reasonably necessary to provide the Services, including to ensure their placement in the correct Dossier, the quality of the file itself (e.g., it was scanned clearly) and that they are current (i.e., an old version from ten years ago was not mistakenly sent), or in connection with any claim of a criminal, fraudulent or similar act. We do not review the documents to evaluate the quality of the content contained in them. Though we use commercially reasonable efforts when we chose to provide these verification Services, we cannot and do not guarantee the results of our verification services. We do not make any representations or warranties about the effectiveness of those Services. As between you and us, it is your responsibility as a User to provide any and all verification and quality control for any non-confidential documents that you have submitted to the Dossier.
3. FEES. We may charge fees for Candidates to use and maintain Dossiers and Portfolios. As a Candidate, you agree to pay our then-current and applicable fees for Services where such fees are identified to you in advance of using the Service. Your use of certain Services may be limited to the restrictions established in your applicable plan (e.g., limitations on storage amounts). Interfolio charges and collects in advance for use of certain Services. Some Institutional Customers cover certain fees incurred by their students using certain Services as Candidates, but that may not apply to you and you acknowledge that you may be charged different rates than other Candidates.
- Renewal. Neither our Portfolio nor Dossier services currently renew automatically. If you wish you renew your subscription for any of our Services you will be asked to pay our then-current renewal fees for such renewed subscription.
- Non-Payment. You further agree that we may suspend your access to any Services if, at any time, you have not paid all fees that you owe to us. In the event we are unable to collect the fees you owe us, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, court costs and attorneys’ fees. Any amounts not paid when due shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate, if less.
- Refunds. In the event of termination of a Service as described in Section 10, we may provide you with a refund of any pre-paid, but unused fees related to such Service, effective at the beginning of the next interval (month or year) of your Service in our discretion. No refund shall be paid for the current interval’s Services, regardless of the day on which you cancel the Services. We will issue the refund within 60 days of when your cancellation request is processed. You will not be entitled to any refund for our termination of the Services based upon your breach. Requested refunds for other fees or transactions on the site will be granted in our sole discretion.
- Promotions. We may run promotional offers from time to time on the Site. The terms of any such promotion will be posted on the Site. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point.
7. RESTRICTIONS. You represent and warrant that your Submitted Information will not:
- Infringe the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
- Violate the privacy, publicity, or other rights of third parties;
- Violate any other law, statute, ordinance or regulation, including laws regarding anti-discrimination and false advertising;
- Be false or inaccurate or becomes false or inaccurate at any time;
- Be or contain material that, other than in the context of a scholarly work, is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
- Disclose or provide information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
- Misrepresent your identity in any way;
- Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Advocate or encourage any illegal activity; or
- Have the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
8. GENERAL RULES OF USER CONDUCT. You agree not to, and represent and warrant that you will not, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the Site or Services or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you, or do any of the following:
- Conduct or promote any illegal activities while using the Site or Services;
- Upload, distribute or print anything that may be harmful to minors;
- Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
- Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
- Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- Use the Site or Services to generate unsolicited email advertisements or spam;
- Use the Site or Services to stalk, harass or harm another individual;
- Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
- Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
- Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
- Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
13. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS THE SITE OR SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR, OR TAKE ANY APPROPRIATE ACTION REGARDING, DISPUTES THAT YOU MAY HAVE WITH ANY OTHER REGISTERED USERS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE OR SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE CLAIM AROSE; OR (II) TEN DOLLARS (U.S. $10.00). 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 AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
15. COPYRIGHT VIOLATIONS. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site or Services;
- Your address, telephone number, and email address;
- 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
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our copyright agent for notice of claims of copyright infringement on the Site or the Services can be reached by directing an e-mail to Copyright Agent at email@example.com, by calling (877) 997-8807 or by writing to: Interfolio, Inc., 1400 K Street NW #1100, Washington, DC 20005, Attn: Copyright Agent.
- You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
- You and Interfolio must abide by the following rules: (a) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (b) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one should be held at a location agreed to by you and Interfolio, and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; (c) the arbitrator’s ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY YOU OR INTERFOLIO MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (f) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Interfolio will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (g) Interfolio also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (h) the arbitrator shall honor claims of privilege and privacy recognized at law; (i) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or Interfolio shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/Interfolio customer; and (j) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses.
- With the exception of subparts (d) and (e) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (d) or (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Interfolio shall be entitled to arbitration. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and Interfolio shall be exclusively brought in the state or federal courts specified in subsection “(d)” above.
- For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
20. NOTICE; VIOLATIONS. We may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to us in writing via email to firstname.lastname@example.org or as otherwise expressly provided. Please report any
LAST UPDATED: 26 March 2014