Oppti Terms of Service

(Last updated 9/1/20)

Oppti is a web-based college and career readiness platform for grades 9-12. Oppti helps high school students discover internships, volunteering opportunities, and other work-based learning opportunities, while operating as the system of records for schools and districts.

Welcome to the Oppti website (the “Site”) at www.getoppti.com. This Agreement contains the terms, covenants, conditions, and provisions (the “Terms of Use”) upon which you (the “User”) may access and use these Sites.

If you have a written agreement with Oppti (or an Authorized Service Providing Partner as defined in the Oppti Partnership Agreement) that states that it supersedes this Terms of Service (for example if you are a District or School user), then to the extent there is any conflict between the documents, the provisions in your separate agreement apply

Please note that Oppti reserves the right to change the Terms of Use under which this Sites and their offerings are extended to you. Any such change shall be effective upon notice, which may be given by Oppti posting such change on the Site, by e-mail, or any other reasonable way. If a change is notified by a posting on the Site, it shall be deemed to take effect when posted; if a change is notified by e-mail, it shall be deemed to take effect when the e-mail is sent; and if a modification is notified in any other way, it shall be deemed to take effect when the relevant notice is sent or issued by or on behalf of Oppti. Your continued use of the Sites following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms of Use. You agree that notice of changes to these Terms of Use on the Site, delivered by e-mail, or provided in any other reasonable way constitutes reasonable and sufficient notice.

Account Creation:
You need to have an account to use Oppti. You can create an account on Oppti as a student seeking a job or career advice, as an employer looking to provide work-based learning opportunities, or as a district or school user. You agree not to misrepresent any information about yourself in creating or using an account.

Creating a Student Account Associated with Your District and/or School: You may create your Student Account because you are a student at a District or School Partner. District and School Partners use Oppti as a service provider to manage their internal and external work-based learning functions, such as posting work-based learning opportunities and placing students in internships.

You agree that any information you provide through account registration is accurate, current, and complete, and you agree to update your information as necessary to maintain its truth and accuracy. Also, please note you are prohibited from creating an account for anyone other than yourself.

Creating an Employer Account: To create an Employer Account you must create a new account or be invited to the platform by a colleague who has already created an account. Employer Partners do not have access to any student profiles unless they are approved by the student’s District or School, to access student information that the student chooses to share.

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

Through the use of the Service, you will be able to search and filter student results based on a wide range of criteria, but will not be able to view the student’s first and last name. You agree to maintain a fair and equitable recruitment process when selecting student candidates. You also agree not to discriminate based on ethnicity, national origin, religion, age, gender, sexual orientation, disability, or veteran status as prohibited by law.

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

You acknowledge and agree, moreover, that, to ensure your compliance with these Terms, Oppti, Districts, and Schools may review the details associated with any new post before it becomes available to applicants on the Oppti Service. Furthermore, you acknowledge and agree that District and School Partners may reject your post, thereby making the post undiscoverable to students.

Oppti does not permit outside services to bulk collect student data, employer data, job descriptions, or other marketplace information through the use of automated scripts (“scraping”), or similar or other technologies or methodologies. To protect our users and their data privacy, moreover, you may not use the data of students or other users for the purpose of marketing any employment opportunities other than the opportunity the applicant applied to through the Oppti Service. For the same reason, you may not store any student’s or other user’s data for the purpose of (1) marketing employment opportunities to the applicant in the future; or (2) allowing any third party to use the data for marketing or any other reason. Third party recruiters are also prohibited from requiring students to create an account on a third-party platform unaffiliated with the company or brand providing the employment role. Any violation of these or any other Terms, at our discretion, may result in suspension or termination of the account(s) associated with you or your recruitment service.

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

Creating a District or School account: District and School users retain access to data as part of their administrative duties. District and School staff are able to view any student profile associated with their student population.

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

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

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

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

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

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

The Oppti parties do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses. The Oppti parties do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete, or useful. You acknowledge that your use of the service is at your sole risk. The Oppti parties do not warrant that your use of the service is lawful in any particular jurisdiction, and the Oppti parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these Terms of Service.

By accessing or using the service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.

The Oppti parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.

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

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

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

By accessing the service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Oppti is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

Unless prohibited by law, You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Oppti’s request), indemnify and hold the Oppti Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Service; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Oppti in the defense of any claim. Oppti reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Oppti.

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

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

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

These Terms of Service are governed by and will be construed and enforced in accordance with the laws of the State of California as applied to agreements entered into and completely performed in the State of California. Any dispute, controversy or claim arising out of or relating to these Terms of Use, including any disputes relating to the content of these Sites, whether sounding in contract, tort or otherwise, shall be finally resolved by arbitration. The arbitration shall be conducted by one arbitrator in English and in accordance with the Commercial Arbitration Rules of the American Arbitration Association, which shall administer the arbitration and act as appointing authority. The place of the arbitration shall be located in Orange County, California. The decision of the arbitrator shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrator determines. The decision of the arbitrator may be entered by any court of competent jurisdiction. You agree to submit to the jurisdiction of the state and federal courts in California for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, Oppti may seek preliminary injunctive relief from a court of law in the event of a breach by you. These Sites are controlled and operated by Oppti from its offices within the United States.

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

You may only resolve Disputes with Oppti on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.

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

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

Copyright © 2020, Oppti Corp.