Terms of Service
We may, in our sole discretion, modify these Terms with or without notice to you. The “Last updated” date at the top of these Terms will indicate when the latest modifications were made. By continuing to access and use the Services after these Terms has been modified, you are agreeing to such modifications. Therefore, you should review these Terms prior to each use of the Services. In addition, when using particular services or features or making purchases on the Services, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Services. Koru may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the right to access the Services is revoked where these Terms or use of the Services is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.
If you or the entity you registered on behalf of has executed a written contract with Koru containing terms of service, the terms of such written contract will control over any conflicting terms in these Terms.
REGISTRATION; SERVICE USAGE; AND TERMINATION OF USAGE.
As a condition to using the Services, you may be required to register with Koru by providing personal information, selecting a password and entering your email address (“Koru User ID“) and completing a Pre-Interview questionnaire (“Pre-Interview”). You hereby acknowledge and agree to provide Koru with accurate, complete, and updated information in connection with the creation of your account and the Pre-Interview. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You may not: (i) select or use as a Koru User ID a name or email address of another person with the intent to impersonate that person; (ii) use as a Koru User ID a name or email address subject to any rights of a person other than you without appropriate authorization. Koru reserves the right to refuse registration of, or cancel a Koru User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Koru password, and are fully responsible for all activities that occur under Koru User ID. You agree it is your responsibility to: (a) immediately notify Koru of any unauthorized use of your Koru User ID or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You consent to receiving email, telephone, and other communications from Koru regarding the Services. If you wish to stop receiving such communications, you must notify Koru in writing.
As part of the Services, based on information you provide at registration and in the Pre-Interview, Koru will generate a proprietary profile based on certain information about you, your performance, your experience, your education, your achievements, and the results of your Pre-Interview (a “Koru Profile”). You acknowledge and agree that: (a) Koru may share such Koru Profile with the employer who has requested that you complete the Pre-Interview and (b) Koru may share anonymized, de-identified Koru Profile information with potential employers or other third parties.
You further agree that you will not access the Services by any means except through the interface provided by Koru for access to the Services. Creating or maintaining any link from another website or application to any page or functionality on the Services without the prior written authorization of Koru is prohibited. Running or displaying the Services or any information or material displayed on the Services in frames or through similar means on another website or application without the prior written authorization of Koru is prohibited. Any permitted links to the Services must comply with all applicable laws, rules, and regulations.
These Terms are effective unless and until terminated by either you or Koru. You may terminate these Terms at any time, provided that you discontinue any further use of the Services. Koru also may terminate or suspend these Terms, at any time, without notice, and accordingly deny you access to the Services, for any reason, including without limitation, if in Koru’s sole discretion you fail to comply with any term or provision of these Terms or your use is harmful to the interests of another user or Koru and its Affiliated Parties (as defined below), and/or their respective business partners. Upon any termination of the Terms by either you or us, you must promptly stop using the Services and destroy all materials downloaded, as well as all copies of such materials, whether made under the Terms or otherwise. Any fees paid hereunder are non-refundable. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and any provisions regarding your use of confidential and/or proprietary information.
Koru reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms, you agree that Koru and the Koru Affiliates (as defined below) shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.
Koru does not guarantee that the Services will be operable at all times or during any down time caused by any of the following: (i) caused by outages to any public Internet backbones, networks or servers; (ii) failures of your equipment, systems or local access services; (iii) previously scheduled maintenance; or (iv) events beyond Koru’s (or affiliated parties’) control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Koru (or its affiliated parties) or your servers are located or co-located.
DISCLOSURE OF USER INFORMATION.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Koru, our Users or the public.
You warrant that your collection and usage of data through Koru’s Services abide by applicable privacy laws, and any applicable third-party data use terms.
FEES AND PAYMENT.
While Koru offers many services for free, some of the Services require payment of fees. Koru reserves the right to change its price list and to institute new charges at any time, including the addition of costs for premium tools or other fees charged to Koru by third-party vendors, upon prior notice to you. Notice of any changes to our price list may be sent to you directly by email or posted on the Site. All fees are indicated in United States dollars. Any outstanding balances will become automatically due and payable upon termination of Service, for any reason, and any collection expenses (including attorneys’ fees) incurred by Koru will be included in the amount owed.
Koru does not knowingly collect any personal information from children under the age of 13. Should your Mobile Properties be directed to children under the age of 13 or should you collect information from children under the age of 13 (further collectively referred as “Children’s Content”), we require you at all times to comply with the Children’s Online Privacy Protection Act of 1998 (“COPPA”), as amended from time to time. We require you to use the tools available in the Koru Services to designate users of your Mobile Properties that are under 13 or who have otherwise opted-out of personal information collection. Should you choose not to designate such users, we will assume that such users are not under the age of 13 or have not opted-out of personal data collection. Koru will not actively monitor your Mobile Properties for Children’s Content and compliance with COPPA, therefore, we disclaim liability for your failure to properly designate users through the Koru Services and your failure to honor your obligations set forth herein.
You agree that you will not (or authorize or encourage any third party to) use the Services to:
- upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise unlawful or objectionable (including without limitation, nudity and depiction of drug use);
- generate fraudulent impressions of or fraudulent clicks on any advertisement, including but not limited to, through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software;
- impersonate any person or entity, including, but not limited to a representative of Koru, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
- upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- run Maillist, Listserv, any form of auto-responder, or “spam” on the Site or Services, or any processes that run or are activated while you are not logged in;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- “stalk” or otherwise harass another; and/or
- “bot,” “hack,” “crack,” or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services.
You may submit reviews or other feedback using forms on the Services. Any comments, suggestions, or feedback relating to the Services (collectively, “Feedback“) submitted to Koru shall become the property of Koru. Koru will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, application, site, Services or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Services, or operations, in the future. Without limitation, Koru will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Koru, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
LINKS; THIRD PARTY WEBSITES.
Links on the Services to third party websites and applications are provided only as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third party websites or applications are solely between you and such third parties. You agree that Koru will not be responsible or liable for any content, goods or services provided on or through these outside websites or applications or for your use or inability to use such websites or applications. You will use these links at your own risk. You are advised that other websites on the Internet and mobile applications, including third party websites and applications linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Koru expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, advertisers or third party applications found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party application provider. You agree that Koru and its Affiliated Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party application providers on the Services.
ACCOUNT INFORMATION FROM THIRD PARTY SITES.
As part of its Services, Koru allows you to access, display, and link through the Site certain of your online accounts with third parties with whom you have customer relationships, maintain accounts, or engage in transactions (the “Third-Party Account Information”). By logging into, viewing, or accessing your third party online accounts through the Site, you agree to allow Koru to retrieve your Third-Party Account Information. You acknowledge and agree that Koru is not responsible for reviewing the Third-Party Account Information for any purpose, including but not limited to, ensuring the accuracy, completeness, currency, legality, non-infringement, or decency of such information. Koru is also not responsible for the products and services offered by or on the third-party sites and cannot assume responsibility for any acts, omissions, representations, practices, and breaches of any such third-party site. You acknowledge and agree that Koru may not maintain the same level of security against unauthorized access to your Third-Party Account Information as the third party sites from which you authorize Koru to retrieve information on your behalf.
YOUR USE OF THE SERVICES, INCLUDING THE KORU RESOURCE CENTER, IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, KORU, ITS SUBSIDIARIES AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “KORU AFFILIATES“) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, NEITHER KORU NOR THE KORU AFFILIATES MAKE ANY WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NEITHER KORU NOR THE KORU AFFILIATES SHALL BE RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU OR ANY OTHER PERSON OR ENTITY USING THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KORU AND ITS AFFILIATES OR ON OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY.
Neither Koru nor any Koru Affiliates shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for the Services, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Koru. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
- Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
- Not apply to any damage that Koru may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement;
- Not apply if you have entered into a separate agreement to purchase Services with a separate Limitation of Liability provision that supersedes this section in relation to those Services.
RULES FOR SWEETSTAKES, CONTESTS, RAFFLES, SURVEYS AND SIMILAR PROMOTIONS.
By agreeing to use the Services, you, on behalf of your organization, expressly authorize Koru, to produce, publish, and share a case study on Koru’s website about your organization’s use of Koru, and allow Koru to use your organization’s name and logo in self-promotional materials such as press releases, advertisements, brochures, etc., without compensation.
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at http://www.staysafeonline.org.
The Services are controlled and operated by Koru from within the United States of America, and is intended for use only by residents of the United States. Koru makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. If you reside outside of the United States, by using the Services, you consent to the transfer, processing and use of your information outside your country.
- Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Washington regardless of your country of origin or where you access Koru, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Koru agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in King County, Washington, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Koru agree to submit to the personal jurisdiction of the courts located within King County, Washington for the purpose of litigating all such claims. Notwithstanding the above, you agree that Koru shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
- Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in these Terms, the term “including” shall be deemed to be followed by the words “without limitation.”
The failure of Koru and its Affiliated Parties to insist upon strict adherence to any term of these Terms shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of these Terms.
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services or these Terms must be filed within one year after such claim or cause of action arose, or will be forever barred. The “General Disclaimers; Limitation of Liability” provisions of these Terms are for the benefit of Koru and its Affiliated Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
We respect the intellectual property rights of others and require that Service users do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to Koru at email@example.com, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2), named below:
- A physical signature of the person authorized to act on behalf of the owner of the copyright;
- 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 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.
Where Koru has provided you with a translation of the English language version of these Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Koru.
If there is any contradiction between what the English language version of these Terms says and what a translation says, then the English language version shall take precedence.
If you have any comments, questions, or complaints regarding these Terms or the Services, or wish to report any violation of these Terms, please contact us at firstname.lastname@example.org. We will address any issue to the best of our abilities as soon as possible.