Terms of Service

Welcome to Handshake!

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

These Terms of Service apply to your use of the services offered by Stryder Corp. d/b/a Handshake or our affiliates and service providers (collectively "Handshake" "we" "us" or "our"), including, without limitation, our user-facing application commonly known as "Handshake" and the features therein, websites, including, without limitation, the joinhandshake.com website, tools, data, and documentation (collectively, the "Services").

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

These Terms of Service will change over time. If we make minor changes to the Terms of Service without materially changing your rights, we will post the modified Terms of Service 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), then 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 to bulk collect student data, employer data, job descriptions, or other marketplace information from our Services through the use of automated scripts (“scraping”), similar or other 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, as a career center professional, or as an unassociated individual account. You agree not to misrepresent any information about yourself in creating or using an account.

Creating a Student Account Associated With Your University: You may create your Student Account because you are a student at 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.

For student users, 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.

Creating a Student Account Not Associated With a University Partner: You may create an account on Handshake if your school is not a University Partner by using your .edu email address.

You have the option to provide additional information when creating your student account, such as a profile picture or 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 of Service.

To create and use a student account, you must be at least 16 years old. If you are not 16 years of age, please have a parent or legal guardian fill out this form and submit it here to use the Service.

Student Account Guidelines

For student users, your Handshake student 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 Service or any other Handshake terms.

Making Your Profile “Public” or “Private”

Students are given the choice to set their profile as “private” or “public” when they first activate or create their Handshake account. When a student sets their profile to “public,” they can also control the general audiences that can access and view their profile. For Student Accounts initiated by University Partners, student information provided to Handshake by the University is private by default.

If a profile is set to “private,” employers and other students will not be able to see any information about you, but if your student account is associated with a University Partner, the University Partner will be able to see certain information on your profile, even when set to private. Where available, all Career Center features, such as scheduling and appointments, are still accessible by private profiles. You may still apply for job opportunities or RSVP for career fairs or events when your profile is set to private, and when you do so, limited information in your profile will become visible to the applicable employer(s)—including your name, primary contact email, 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, including your profile photo, GPA, sponsorship status, professional skills, personal bio, and resume.

You can change your privacy settings at any time while your account is active by opening User Settings from the Account Dashboard. This includes changing your profile from public to private, or making your GPA, which is private by default, public.

Recording of Handshake Communications

Wiretapping laws in some jurisdictions prohibit recording individuals without their awareness and consent. You may not initiate an audio or video recording of any third party in violation of the law. By initiating any audio or video recording through the Service, you represent and warrant that you have express permission from all persons appearing in the audio or video recording for all potential uses by Handshake of such audio or video recording where required by law. You agree that you will not hold us responsible and we will not be liable for your failure to comply with applicable laws and/or your failure to inform others that you are recording them and/or your failure to obtain their prior consent.

Continuing Support

Handshake is committed to helping you succeed in the professional world during school and beyond. 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 these Terms of Service and our Privacy Policy.

Creating an Individual Account

Certain individuals who are neither a student, part of a University partner/career center, nor an authorized user under an employer may create a user account on Handshake. To create and use an individual account, you must be at least 18 years old.

Creating an Employer Account

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

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. You have the option to set your profile as “public” or “private” during account creation, and may change your account visibility at any time by opening User Settings from the Account Dashboard. We will not use your phone number to send any commercial or marketing messages to you from third parties. We may share your data with vendors who provide us with assistance in preventing or detecting fraud or other misuse of our services. You agree to provide accurate and current information and to correct any misrepresentations immediately upon discovery. By creating an Employer Account you represent and warrant that you own or have obtained all rights necessary to allow Handshake access to and processing of any data, materials or information you provide to Handshake, and you authorize Handshake to access, use and display such information for the purpose of providing the Service.

When you create a Handshake Employer Account, 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 shall only use student data to provide the employer services to the student and not use, sell, or disclose Handshake Data for any purposes including data analytics, data monetization, advertising, marketing or any other purpose even if such Handshake Data is aggregated or de-identified. You agree to handle and maintain collected student data with equivalent or superior standards as those described in our Privacy Policy, including the requirements of the General Data Protection Regulation (GDPR) (EU) 2016/679 regarding any Student Personal Data you receive from Handshake.

You also agree not to 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. These prohibitions are addressed in further detail below.

Employer Account Guidelines

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.

Employer Accounts are administered by the employer’s designated account administrators. If the employer chooses to allow additional individual employees to access the Handshake 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 Handshake is not responsible for the privacy or security practices of your organization, which may be different than, but with respect to your access to the Handshake Service may not be less protective than, these Terms of Service or our Privacy Policy.

You agree that your use of the Services is for your own internal use as intended by Handshake, and your use is non-assignable, with no right to resell, reproduce or distribute. Handshake reserves the right to cancel any Services for failure to follow these Terms of Service.

You acknowledge and agree, moreover, that, to ensure your compliance with these Terms of Service, Handshake may review the application flow associated with any new post before it becomes available to applicants on the Handshake Service.

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 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 Handshake 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 Terms of Service or any other documentation governing the use of any Service, at our discretion, may result in suspension or termination of the account(s) associated with you or your recruitment service.

No Spam

We want Handshake to be a platform where employers and recruiters can connect with students and other users in a way that is productive for all involved. To that end, while we allow employers and recruiters to contact students and other users, we do not allow you to use the Service to send unsolicited marketing messages or broadcasts (i.e., spam).

Spam can take many forms, and our rules, which are meant to address a wide range of inappropriate content or messaging, include but are not limited to:

• Unsolicited messages that aim to drive traffic or attention from the Handshake Service to accounts, websites, products, services, or initiatives not directly related to a job opportunity posted on the platform.
• Bulk or repeated identical messages, or high-volume messages with a low student response rate.
• Messages that fail to comply with applicable anti-spam laws and regulations.

If we determine that you have sent spam 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 of Service, suspending your student messaging privileges, or suspending or terminating your account(s).

Employer Paid Services

Handshake may offer Employers certain paid upgrades, enhancements or other premium Services to enhance the Handshake experience (“Paid Services”). The use of Paid Services is subject to the payment of fees, as determined by Handshake, and as may be modified from time to time (“Fees”). All fees are non-refundable and may be charged by one of our affiliates and processed through a payment partner. Certain Paid Services and payment processing gateways may be subject to additional terms and conditions presented to you at the time of purchase, access or download. Handshake reserves the right to refuse or cancel any order, or limit quantities purchased, at any time, in its sole discretion.

Paid Services may include a subscription that will renew on a periodic basis according to the terms of the subscription. Unless canceled prior to the end of the then current subscription period, subscription Paid Services will automatically renew at the end of each subscription period, for a renewal period of equal duration at the then current Fees applicable to the Paid Service. By purchasing a subscription Paid Service, you acknowledge and agree that the Paid Service shall automatically renew in accordance with the above terms, and, unless you cancel your subscription, you authorize us to charge your payment method for the renewal term. You may cancel auto-renewal of your subscription at any time by visiting your account management center. When a subscription is canceled, you will not receive a prorated refund, but you will continue to have access to the Paid Services until the end of the term during which you canceled the subscription.

You shall be responsible for payment of all applicable taxes, including, but not limited to, local, state, federal or foreign taxes, levies or duties of any nature, including value-added, sales use or withholding taxes ("Taxes"). If Handshake has the legal obligation to pay or collect Taxes for which you are responsible, the appropriate amount shall be invoiced to and paid by you. By initiating an order for Paid Services, you authorize Handshake to request and collect payment through our payment provider, and to make any inquiries necessary to validate your designated payment account or financial information. If your payment method fails or is not authorized or accepted, Handshake reserves the right to cancel your order without notice and with no further liability or obligation to you. However, you will still be responsible to pay any Fees that are outstanding if we decide to cancel your order due to your failure to pay any Fees that are owed to us.

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 Accounts

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 of Service. 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's content, meaning all content included in the Services, except your content (the “Handshake Content”), is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Handshake, we own 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 the Handshake 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 permission.

Machine Learning

When you interact with the machine learning and AI features on the Services, you can provide input known as "Submissions." These Submissions cause the Services to generate responses, which are referred to as "Generated Responses." All together, these Submissions and Generated Responses constitute "Machine Learning Content."

You retain ownership of your Submissions, and Handshake owns and assigns to you all rights and interests in the Generated Responses resulting from your Submissions. This means you have the freedom to use Machine Learning Content within the boundaries set by these Terms of Service and Handshake's policies. So, it is crucial for you to understand that you are responsible for Machine Learning Content, and it should not breach any applicable laws or these Terms of Service.

Handshake has the right to use Machine Learning Content for any legal purpose, including maintaining and improving the Services, complying with the law, enforcing Handshake policies, and in connection with providing data to Handshake users, including, Employers and University Partners, for their internal purposes.

Due to the nature of machine learning, it's possible that Generated Responses may not be unique to you. In fact, the Services might produce similar responses for other Handshake users who submit questions or inputs akin to yours. These similar Generated Responses requested by and generated for other users are not considered part of your Machine Learning Content.

You should never include personally identifiable information, such as names or addresses, in your Submissions, and Handshake disclaims all liability in connection with your inclusion of such information in your Submission.

Using machine learning features can occasionally lead to incorrect Generated Responses that may not accurately represent facts or offer reasonable advice. Therefore, it's important that you evaluate the accuracy of any Generated Response, especially in the context of your particular situation, which might require human review for a more relevant response.

User Generated Content

When you use the Services, you have the ability to upload and share content to your account, like text, photos and videos, which is referred to as "User Content." Other users, including students, universities, and employers can interact with your User Content by commenting on it or sharing it. Essentially, this means that your User Content can be combined with what other users post. Additionally, you can incorporate music (as allowed by Handshake) or other elements provided by Handshake into your User Content. By sharing User Content on the Services, you are representing that your User Content complies with these Terms of Service, and you will be held responsible for any content not in compliance.

The information and materials in your User Content, including any content with Handshake elements, have not been verified or approved by Handshake. The views expressed by other users on the platform do not represent Handshake's views or values.

The individual posting the User Content owns and retains all intellectual property rights in and to such User Content. By submitting it through the Services, you are granting Handshake a license to use, modify, adapt, reproduce, and distribute your User Content for any lawful purpose, including, without limitation, marketing and promotions purposes. This license allows Handshake to make your User Content available on various platforms and in different formats. You also grant Handshake the right to use your username, image, voice, and likeness to identify you as the source of your User Content.

It is important to note that User Content is considered non-confidential and non-proprietary. This means you shouldn't post anything that you consider confidential or proprietary. You further grant to Handshake the right to reproduce sound recordings and publicly perform music contained in your content without paying royalties to third parties involved in creating your User Content. When you submit User Content, you're declaring that you either own that content or, otherwise, have all necessary permissions, clearances, or authorizations to share it on the Services.

These rights are provided on a "through-to-the-audience" basis, meaning that third-party service providers won't be held separately liable for your User Content when they use it with Handshake's authorization. By posting User Content, you waive any rights to inspect or approve marketing or promotional materials related to it. You also waive any rights of privacy or publicity associated with your User Content.

Handshake has the right to disclose your identity to third parties, if they claim that your User Content violates their intellectual property rights or privacy. Handshake also has the right to edit or remove your User Content at Handshake’s discretion and without notice, if your User Content does not comply with these Terms of Service or other Handshake policies made available to you.

It's important to understand that Handshake does not guarantee the accuracy or quality of any User Content, and Handshake disclaims all liability in connection with your and others’ User Content and will not be liable for it in any way. Handshake may disable or terminate the accounts of users, who repeatedly violate copyrights or intellectual property rights of others.

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 Service 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 your 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 Service.

Updates

From time to time, Handshake reserves the right to release updates to or upgrades of the Services and to otherwise change or discontinue any aspect or feature of the Services. Changes may not be consistent across all platforms and devices.

Controlling Terms

Handshake is continually improving its Service, and we may occasionally offer special features or functionality which include additional Terms of Service. 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 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 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 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 Service.

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 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 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 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 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 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 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 us here 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: Without first engaging in arbitration or the informal dispute resolution process described above, either you or Handshake (1) may assert claims, if they qualify, in small claims court in San Francisco, California, or any United States county where you live or work and seek an amount up to the jurisdictional limit for individuals in such small claims court (notwithstanding any limitation on such damages set forth herein), or (2) may bring a lawsuit solely for injunctive relief (including, in the case of Handshake, to stop unauthorized use or abuse of the Handshake products or Handshake Service), or for infringement or material breach of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights).

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 Service 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 Service 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 Service 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 Service 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 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 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 Service or any rights hereunder without your consent.