Handshake Terms of Service

Last updated and effective as of: May 8, 2017

Welcome to Handshake!

We are a career services platform that connects students and employers to democratize the job finding experience in college and beyond.

This Terms of Service applies to your use of the joinhandshake.com website and the Handshake Service (collectively “the Handshake Service” or “the Service”), as well as your relationship with Stryder Corp. (“Handshake”, “Handshake”).

If you do not agree with these Terms, including the Binding Arbitration Clause and a Class Action waiver included below, please discontinue using the Service.

These Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on our website. We will notify you by email, through the Handshake Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the Handshake Service after a modification is posted, you are telling us that you accept the modified terms.

If you have a written agreement with Handshake that states that it supersedes this Terms of Service (for example if you are a University or Employer Partner), than to the extent there is any conflict between the documents, the provisions in your separate agreement apply.

Handshake takes user privacy seriously and does not permit third parties from bulk collecting student data, employer data, job descriptions, or other marketplace information from our Services through the use of automated scripts (“scraping”) or similar technologies or methodologies. For more information on our privacy practices, please read our Privacy Policy.

Account Creation

You need to have an account to use Handshake. You can create an account on Handshake as a student seeking a job or career advice, as an employer looking for exciting new talent, or as a career center professional. You agree not to misrepresent any information about yourself in creating or using an account.

To create a Student Account, you must be associated with a Handshake University Partner (“University Partner”). University Partners use Handshake as a service provider to manage their internal and external career center functions, such as scheduling meetings with students, arranging events, and passing resumes to interested employers. When University partners sign-up for Handshake, they send us personal information about their students so that Handshake can provide these services.

If you create an account on Handshake and are not associated with a University Partner, you will only have access to limited events or activities that Partners’ post.

To create a Employer Account you may either associate yourself with a current Handshake Employer Partner (“Employer Partner”) and be approved by that employer or create a new Employer Account. Employer Partners do not have access to any student profiles unless they are approved by the student’s university to access student information that the student chooses to share.

Creating a Student Account

Your University will send you an email with information about how to enable your Student Account. After you do so, and we confirm your association with our University Partner, we pre-populate some areas of your profile with information your University has provided. We encourage you to review this information for accuracy and completeness. Some of this information may be locked by your University and you cannot edit it using Handshake. If any inaccuracies are found, please update the information or contact your University accordingly.

You have the option to provide additional information when creating your account, such as a profile picture, professional skills, and to upload documents, such as your resume or transcript. Any information or content you upload directly to the Handshake Service is governed by these Terms.

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.

To create a student account you must be at least 16 years old to use this Service. If you are not 16 years of age please have a legal guardian fill out this form and email it to support@joinhandshake.com to use the Service.

Student Account Guidelines

Your Handshake profile is your first impression for employers around the country. As a rule of thumb, keep your content and communications on Handshake professional. Specifically, you are not allowed to post any violent, nude, discriminatory, hateful, or sexually suggestive photos or other similar content via the Service. You are responsible for all content you upload to Handshake.

Handshake allows you to view profiles and send messages to other students and employers through the Service, including students at other Universities or institutions. You agree not to stalk, defame, bully, harass, abuse, threaten, intimidate, or impersonate other people or entities. You also agree not to use the Service for any illegal or unauthorized purpose, including spam, copyright infringement, identity theft, or fraud.

You agree you will not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Handshake terms.

Making Your Profile “Public” or “Private”

Handshake provides students the opportunity to set their profiles as “public” or “private.” In this context, a “public” profile is visible to any employer approved by your University and any other Handshake user attending your University. We may in the future offer you the opportunity to make your profile “public to the world”, which would allow you to share your profile with people who are not part of the Handshake platform.

If a profile is set to “private,” employers and other students will not be able to see any information about you. All Career Center features, such as scheduling and appointments, are still accessible to private profiles. You may still apply for job opportunities when your profile is set to private. When you submit an application for a job with your profile set to private, limited information provided by your University will become visible to that specific employer—including your name, the University you attend, and your educational college (engineering, liberal arts, etc.)—but any other personal information in your profile will be hidden or masked, such as your profile photo, GPA, sponsorship status, professional skills, personal bio, and resume.

Profiles are public by default. You have the choice to make your profile private when you first activate your Handshake account. You can change this setting at any time by opening User Settings from the Account Dashboard and unchecking “Allow employers to be able to find and view my profile.” Your GPA is private by default. You have the opportunity to make this information public either during account creation, or at any time while your account is active.

Continuing Support

Handshake is committed to helping you succeed in the professional world during school and beyond. After you graduate or leave your University, we encourage you to update your contact information with a personal email address, so you won’t lose access to your profile once your student email address expires, and to keep your profile current. Any information you share directly with Handshake is subject to this Terms and our Privacy Policy.

Creating an Employer Account

When you create a Handshake Employer Account, we request contact information, including email address and telephone number, to provide a point of contact for Universities and administrative staff and which will be made available on your public profile. We will not use your phone number to send any commercial or marketing messages to you from third parties. You agree to provide accurate and current information and to correct any misrepresentations immediately upon discovery.

By creating an account on Handshake, all universities will have access to information used to create the account. Students will only have access to that information if you make your profile public. Once your account has been approved by participating Universities, you will receive student data through our Service. You are prohibited from disclosing or sharing this information with other parties, and agree to keep student data confidential. You agree to handle and maintain collected student data with equivalent or superior standards as those described in our Privacy Policy, not use the service to send spam or other unauthorized communications, and you agree not to use any collected student data for purposes not authorized by Handshake.

Through the use of the Service, you will be able to search and filter student results based on a wide range of criteria. 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. You have the ability to contact students directly through the Service. By using this Service, you agree not to stalk, defame, bully, harass, abuse, threaten, intimidate, or impersonate any people or entities.

Third Party Recruiter Guidelines

Handshake is excited to offer as many career opportunities to students as possible, including those offered by third party recruiters. However, we do not permit outside services from bulk collecting student data, employer data, job descriptions, or other marketplace information through the use of automated scripts (“scraping”) or similar technologies or methodologies. 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.

Career Center Accounts

Career Centers retain access to data as part of their administrative duties. Career Center employees are able to view any student profile associated with their University, including hidden data and private profiles.

General Guidelines for Students and Employers

The Content You Submit Belongs to You

Handshake does not claim ownership of any Content that you post on or through the Service. By making Your Content available on or through the Service you grant to Handshake a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content only in connection with operating and providing the Handshake Service.

You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the Handshake Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

Our Intellectual Property Belongs to Us

Handshake Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Handshake, we owns and retain all rights to the Handshake 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 Handshake 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 Handshake 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 Handshake, and may not be copied, imitated or used, in whole or in part, without prior written our 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.

Account and Website Security and Integrity

While we take steps to protect your data from unauthorized access, security is a team effort. You are responsible for keeping your password secret and secure, and we encourage you to update your password regularly.

By using this Service, you agree not to change or modify the Service to falsely imply that it is associated with another website. Creating accounts through unauthorized means, including scripts, bots, or automated crawlers is prohibited, as is collecting content through crawling, scraping, or caching of user profiles without our express consent.

You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Handshake terms.

No Monitoring

You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that we are not responsible or liable for your conduct. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

Third Party Links

Our Service contains links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under Handshake’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 Use.

Controlling Terms

Handshake is continually improving its Service, and we may occasionally offer special features or functionality which include additional Terms of Use. If any of the additional Terms conflict with the Terms described below, the additional Terms control.

Reporting Copyright and Other IP Violations

We respect other people’s rights, and expect you to do the same. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

Disclaimer of Warranties

The service, including, without limitation, Handshake content, is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither Handshake nor any of its employees, partners, managers, officers or agents (collectively, the “Handshake parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the service; (b) the Handshake content; (c) user content; or (d) security associated with the transmission of information to Handshake or via the service. In addition, the Handshake 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 Handshake 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 Handshake 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 Handshake parties do not warrant that your use of the service is lawful in any particular jurisdiction, and the Handshake 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 use.

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 Handshake 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 use.

Limitation of Liability; Waiver

Under no circumstances will the Handshake 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 Handshake 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 Handshake 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 Handshake 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 Handshake 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 Handshake parties total liability to you for all damages, losses or causes or 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 Handshake’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 Handshake 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 Handshake 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.”

Handshake 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.

Indemnification

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 Handshake’s request), indemnify and hold the Handshake 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 Use; (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 Handshake in the defense of any claim. Handshake 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 Handshake.

Dispute Resolution

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

Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Handshake, you agree to try to resolve the Dispute informally by contacting support@joinhandshake.com. 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 Handshake may bring a formal proceeding.

We Both Agree To Arbitrate: You and Handshake agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting support@joinhandshake.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement. Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we agree to.

Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Handshake will pay all arbitration fees for claims less than $75,000. Handshake will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to Agreement to Arbitrate: Either you or Handshake may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Handshake products or Handshake Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

No Class Actions: You may only resolve Disputes with Handshake 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.

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

Limitation on Claims: 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 Handshake products or Handshake 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.

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Handshake’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.

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 Use constitute the entire agreement between you and Handshake and governs your use of the Service, unless you have a separate signed agreement with Handshake that states it supersedes this Terms of Service.

You will not assign the Terms of Use 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 Handshake. Any purported assignment or delegation by you without the appropriate prior written consent of Handshake will be null and void. Handshake may assign these Terms of Use or any rights hereunder without your consent.