Terms of Service

Last Updated: November 28, 2023

Welcome to NerdApply! These terms and conditions (collectively “Terms of Service”), govern your access to the functionality, services, and products offered on NerdApply.com (the “Website”), irrespective of your status as a registered user.

Please read these Terms of Service carefully before you move ahead with using the Website. By using the Website or indicating agreement with the Terms of Service, you agree to be bound by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you can neither access nor use the Website.

This Website is available to users who are 13 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Nerd Apply LLC and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you can neither access nor use the Website.

The Website is not affiliated with the Common Application ("Common App") in any way.

Changes to the Terms of Service

We may, at our sole discretion, modify these Terms of Service from time to time. Changes will become effective immediately upon posting the updated Terms of Service on the Website, and they will apply to your continued use of the Website.

It is recommended that you periodically review these Terms of Service to stay informed about any changes, as they will be binding on you. By using this Website after updates to the Terms of Service, you indicate your acceptance and agreement to the latest version.

Accessing the Website and Account Security

We hold the right to unlink or alter this Website, and any its materials, at our sole discretion. We will not be liable if parts of the Website are unavailable at any time. On occasion, parts of the Website, including the entire Website, may be restricted to users, registered or otherwise.

You are responsible for:

Making the arrangements necessary for you to have access to the Website.

Making sure that all individuals who access the Website through your internet connection are aware of our Terms of Service and comply with them.

To access the Website and its resources, you may be prompted to provide certain registration details or other information. As a prerequisite condition to using this Website, you must ensure that the information you provide on the Website is up-to-date, verifiably true, and complete. You also consent that all materials you provide to sign-up with this Website or otherwise, including but not limited to the use of any features on the Website, is dictated by our Privacy Policy, and you concur with all actions we take in regards to your information consistent with our Privacy Policy.

You must treat all usernames, passwords, or other pieces of information pertaining to our security procedures as confidential; you cannot disclose said information to other people or entities. You also must acknowledge that your account is exclusively your account and agree not to share access to this Website with other individuals by providing them with your login credentials. You agree to immediately contact us in the event that an entity or individual gains unauthorized access to your account; you must further notify us of any other breach of security. You also agree to log-out from your account at the end of each session. You ought to be particularly cautious when using a public or shared computer.

We hold the right, for both security & administrative reasons, to access individual accounts. Any materials or information obtained in such a way will not be disclosed to third parties unless required by law.

We also reserve the right to disable any account at any time and for any reason, including if, in our opinion, you have violated our Terms of Service.

Account Information and Email Communication

By registering an account, you agree to receive updates about your account and related materials electronically. Prior to accepting these Terms of Service and creating a Nerd Apply account, you must be able to obtain and retain electronic communications. Digital communication will be the primary method of notifying you about account updates, privacy changes, and purchases (should you be a paid user). The email you use for registration must be active and valid; otherwise, you cannot receive the aforementioned notifications about your account. Failure to do so as well as any consequences that arise as a result of not maintaining a valid or active email address with your Nerd Apply account will be your sole responsibility. We reserve the right to provide information about your account or our service by non-electronic means.

Please note that, although we prioritize the protection of your information, we cannot guarantee the security of data during transmission or storage. Any sharing of information with third parties will be governed by their respective privacy policies, which may differ from ours.

Your continued use of this service constitutes your acceptance of this potential third-party sharing of information. If you do not agree with these terms, you must discontinue your use of the service immediately.

Intellectual Property Rights

The Website and its entire contents (including, but not limited to, all information, software, text, and displays, are owned by the Company, its licensors or other providers of such material and are protected by the copyright, trademark, patent, and IP laws of both the United States and broader international community.

These Terms of Service solely permit you to use our Website for personal, non-commercial purposes. You cannot reproduce, distribute, or download, store, or transmit any of the material on our Website, except as follows:

You may store files that your Web browser automatically caches for display purposes.
If we embed social media features with certain content, you may take actions such as those enabled by said features.

You must not:

Modify copies of any materials from this site.
Use any photograph or audio sequences (or any graphics) without prior permission from a Nerd Apply Administrator.
Delete or alter any proprietary rights notices from copies of materials from this site.
Access nor use any part of the Website or materials available through the Website for commercial purposes.

If you hope to use any material on the Website for purposes other than those set out in this section, please address your request to: business@nerdapply.com.

If you copy, modify, or otherwise use the Website in breach of these Terms of Service, your right to use the Website will be immediately ceased and you must, at our discretion, destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

Sharing Application Materials, Data Analysis, and Account Deletion

By using our service and sharing your application materials, you acknowledge and agree that Nerd Apply may use the data you provide for various purposes, including anonymized analysis and internal research and development activities. Additionally, upon account deletion, Nerd Apply may retain a copy of your application materials for internal use only, ensuring continuous service improvement. In case you choose to delete your Nerd Apply account, you must notify us via email at business@nerdapply.com. Failure to do so may result in the voidance of earnings or benefits associated with your account, at our discretion. Nerd Apply also reserves the right to highlight profiles we find impressive. We may share selected snippets from such profiles with our email newsletter subscribers and social media followers on platforms such as TikTok, Instagram, YouTube, and more. By using our service, you consent to the possibility of your profile being showcased in this manner, subject to our discretion.

Assignment of Rights and Consideration

By building a Nerd Apply Profile, you certify that you own the Content posted by you and that any information uploaded to your profile is your own original work. Failing to comply with this site policy will result in your being banned from the site.

Payments & Purchases

We currently accept payments made by a major credit card (i.e., VISA, MasterCard or American Express), or through PayPal or Venmo.

You agree that Nerd Apply will not be held liable for any loss caused by any unauthorized use of any method of payment by a third party in connection with our website.

Any attempt to defraud the Website through any method of payment will result in immediate termination of your account and civil and/or criminal prosecution. We also reserve the right to block your account at our discretion, and to inform any relevant authorities and entities of fraudulent or unlawful activities.

We may use third party payment processors (electronics) s and/or financial institutions (“ESPs”) to process financial transactions. You irrevocably authorize us, as necessary, to instruct such ESPs to handle such transactions and you irrevocably agree that Company may give such instructions on your behalf in accordance with your requests as submitted on the Website. You agree to be bound by the terms and conditions of use of each applicable ESP, and in the event or conflict between these Terms and the ESP’s terms and conditions then these Terms shall prevail.

While we currently only offer services with one-off purchases, in the future, should we choose to add Monthly or Annual subscription options, we reserve the right to automatically renew those paid subscriptions to provide continuous service to our users. Such renewals are generally for the same duration as the original subscription term (for example, a 1-month subscription will renew on a monthly basis and a 1-year subscription will renew on an annual basis). By making a subscription purchase on the Website, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically or if you wish to terminate automatic renewal at any time, please follow the directions set out under the “Cancellations & Refunds” section below. It is your responsibility to maintain up-to-date payment methods in order to keep access to the Website and its services.

We provide access to profiles through one-time purchases, and each unlocked profile will remain accessible for a period of 12 months from the date of unlocking. This time frame is implemented to prevent misuse of the platform and to protect the contributors of information. When you make a purchase on our platform, you will gain access to the unlocked profile, and this access will be valid for 12 months from the date of your purchase. It is important to note that access to the profile will expire after this period.

For all paid users, upon purchase, you will receive an email receipt confirming the commencement of your access period. You can manage your purchased profiles under the 'My Account' menu option, where you can track the number of remaining unlocks and the profiles you have accessed.

For all paid users, you will receive an email receipt of purchase indicating your paid plan has begun. You have the option to manage your purchased plan under your My Account menu option. Your My Account page displays the number of remaining unlocks you have and the profiles you have unlocked.

Payment, Refunds, and Chargebacks

Payment Authorization: By completing a purchase on our website, you acknowledge and agree that you are authorized to use the payment method provided and that you understand the nature of the product or service being purchased.

Refund Policy: We strive to provide the best products and services possible. If you are not satisfied with your purchase, you may be eligible for a refund. Please email business@nerdapply.com to formally request a refund. Refunds will not be issued for products that have been accessed, downloaded, or used.

Chargeback Procedure: If you have a concern with your purchase, please contact our customer support team at business@nerdapply.com before initiating a chargeback. We are committed to resolving any issues promptly and professionally.

Chargeback Consequences: In the event that you initiate a chargeback without following the proper procedure or in violation of our terms of service, you will be held responsible for any costs or damages incurred by us as a result of the chargeback. We reserve the right to pursue legal action to recover these costs.

Documentation and Records: We maintain detailed records of all transactions and communications related to your purchase. This includes receipts, data logs that show when you accessed the Nerd Apply Service, and more. You agree that our records shall serve as conclusive evidence of the transaction's terms and your agreement to these terms.

INDEMNIFICATION: BY USING OUR WEBSITE AND SERVICES, YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY CLAIMS, LOSSES, DAMAGES, AND EXPENSES ARISING FROM UNAUTHORIZED CHARGEBACKS OR VIOLATIONS OF THESE TERMS OF SERVICE.

Updates to Terms: We may update these terms of service from time to time. Any changes will be effective as of the date stated at the beginning of this section. Please review the terms regularly to stay informed of any updates.

Trademarks

The Company name, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

To send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in these Terms of Service.

To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation.

To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. This includes the prohibited use of any automated scripts to unlock profiles, scrape the Website, or to access any content behind our paywall that is intended only for paying users.

Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with proper functionality of the Website.

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with Website functionality.

User Contributions

The Website may contain profiles, graphs, search results, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post“) content, phrases, entries, or materials (collectively, “User Contributions”) on or through the Website. Any and all data on user profiles, including but not limited to essays, awards, activities, and test scores, are considered User Contributions.

All User Contributions must comply with the Content Standards set out in these Terms of Service.

Upon uploading any User Contribution to the site, such as content added to your profile or shared in one-on-one messages with other users or individuals, you agree that the content is non-confidential and non-proprietary. In doing so, you transfer all intellectual property rights associated with the User Contributions to Nerd Apply LLC. We may, from time to time, license this content to our affiliates and service providers. You also grant our respective licensees, successors, and assign the right to use, reproduce, modify, perform, display, distribute, and disclose such material to third parties for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the intellectual property rights described above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

All of your User Contributions do and will comply with these Terms of Service.

You understand and acknowledge that you bear full responsibility for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.

Be likely to deceive any person.

Promote any illegal activity, or advocate, promote or assist any unlawful act.

Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, bartering or advertising.

Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement via email. You can contact us at business@nerdapply.com. It is the policy of the Company to terminate those user accounts.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
In accordance with our privacy policy, we will not share, sell, or distribute any phone numbers or text information to any third party or individual outside of our organization without your explicit consent.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of Application Profiles and any other collection of Applicant information formed through the Website or as a result of visits made by you are governed by these Terms of Service.

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.

Send e-mails or other communications with certain content, or links to certain content, on this Website.

Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.

Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the state of Arizona in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assignors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE Terms of Service OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement

The Terms of Service and Privacy Policy constitute the sole and entire agreement between you and Nerd Apply LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by Nerd Apply LLC, a Arizona corporation.

All notices of copyright infringement claims and all other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: business@nerdapply.com.

Thank you for visiting the Website.