Terms of Use
These Terms of Use apply to all websites and the mobile application (“App”) owned, operated, and maintained by or for Reservoir, Inc. (“we,” “us,” or “our”) including www.checkreservoir.com and other websites or apps which include or link to these Terms of Use (collectively, “Sites”).
1. General Provisions
THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THE SITES. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND A WAIVER YOUR ABILITY TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST US. PLEASE REVIEW THESE TERMS CAREFULLY.
By entering or using the Sites, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use the Sites if you do not agree to be legally bound by these Terms. Please read these Terms carefully. The Sites are intended for use only by citizens and legal permanent residents of the United States of America 18 years of age or older. If you are not a member of the intended audience, you are prohibited from accessing the Sites.
We may, in our sole discretion, modify the Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to the Sites. We may provide notice of any material change to these Terms via a post on the Sites and/or by email to you. By not terminating your relationship with us prior to the effective date of the change, you acknowledge and agree that you shall be bound by the updated Terms. We suggest periodically visiting this page of the Sites to review these Terms.
You represent and warrant that you are the person you claim to be in your interactions with us and the Sites. You will use the Sites in compliance with all applicable laws and regulations and you will not use them to defraud, harm, or impersonate another person.
2. General User Guidelines
You agree that you will not use the Sites to (a) transmit communications that defame, abuse, harass, stalk, threaten, or otherwise violate the rights of any other person, (b) transmit communications containing material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, pornographic, or discriminatory, or (c) commit fraud, engage in criminal activity, or interfere with the use of the Sites by others.
You agree that you will (a) keep your login credentials secret, immediately inform us if your login credentials are compromised, and not permit others to use your login credentials or account, (b) accurately and truthfully confirm your affiliation with any educational institution(s), and (c) provide accurate personal information and other data in your user profile.
3. User Data Storage
Our App provides a digital certificate to validate the degree(s) you earned from participating educational institutions and related credentials (e.g., honors, GPA) using data you provide to us or which we obtain from participating educational institutions. We do not warrant that we will retain this digital certificate, your data, or other credentials for any period of time or at all. You should retain copies and backups of
all data you provide to us. You agree that we shall have no liability to you for any loss or corruption of data you provide to us or data or credentials that we store associated with your use of the App or Sites generally.
4. Educational Institutions and Public Disclosures
You are not allowed to use the App if your educational institution has not entered into a relationship with us to provide data necessary for the App’s digital certificate feature. You authorize us to (a) obtain data about you from, and verify your data with, education institutions that you attended, (b) update the data as we deem necessary or appropriate, and (c) share your data with educational institutions you
attended for their independent use including, but not limited to, maintaining alumni databases, fundraising, and career development.
If you publicize or make available to third parties (such as employers) a link to your digital certificate or other information, you understand that these third parties may use or further disclose this information and we are not responsible for their use or disclosure of the information. Please see our Privacy Policy for information about how we may use and disclose your data.
5. Identity Verification
To use the App or its digital certificate feature, you must register as a user and complete our identity verification process through Stripe. By participating in the identity verification process, you direct us to disclose your personal information, including government identification card information and photos, to Stripe. Please see our Privacy Policy for more information about our relationship with Stripe and links to
information about how Stripe may use your personal information. We will have no liability to you or any other person for Stripe’s collection, use, or disclosure of your personal information.
6. Loss of Digital Certificate
If you do not update your App profile information at least once every twelve months, you may lose access to the digital certificate associated with your profile. If you delete your account with us, you will also lose access to your digital certificate. We may also deactivate access to or revoke your digital certificate at any time in our sole discretion and without notice (for example, if we suspect fraud or
misrepresentation or your educational institution informs us that the certificate is inaccurate).
7. Termination
We may suspend or terminate your use of the Sites at any time for any reason and without notice to you. Upon termination, we may, but are under no obligation to, delete any and all information stored by us related to your use of the Sites.
8. Disclaimer of Warranties
The Sites is provided to you on an "AS IS" and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THE SITES. We expressly disclaim, to the fullest extent permitted by applicable law, any warranties with respect to any downtime, delays, or errors in the transmission or delivery of any communications, information, materials, or services through the Sites. To
the extent a jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions may not apply. You understand and agree that the action or inaction of third parties is outside of our control and that we do not guarantee any third party will take any action or refrain from taking any action.
We do not warrant, endorse, guarantee, or assume responsibility for any third-party product or service recommended, advertised, or offered for sale on or through the Sites or any website linked to the Sites. We also do not warrant or guarantee that use of our Sites will result in being considered or hired for any type of employment.
9. Our Intellectual Property
All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Sites constitute trade dress and are either our property or used on the Sites with permission. The absence of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Sites may be the trademarks and the property of their respective owners.
You acknowledge and agree that the Sites, and all information and materials appearing therein, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by us. Except as expressly authorized by us, either in these Terms or elsewhere, you agree not to sell, license, rent, reverse engineer, modify, distribute, copy, reproduce,
transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Sites.
10. Apple iOS Users
By accessing or downloading our App from the Apple App Store, you are agreeing to Apple’s Licensed Application End User License Agreement (“Apple Terms”). These Terms govern if there is a conflict with the Apple Terms.
You acknowledge and agree that (i) these Terms are binding between you and us, and Apple is not a party hereto, and (ii) as between Apple and us, we are responsible for the App and the content thereof. You must use the iOS version of our App only on an Apple-branded product that runs iOS. Your use of our App must comply with the terms of use applicable to the Apple source from which you obtained it
(including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support with respect to our App. You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to our App or your possession and use of it, including, but not limited to, (i) product
warranty or liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the App infringes a third party’s intellectual property rights.
In the event of any failure of the iOS version of the App to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, as between Apple and
us, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility, but only to the extent provided by these Terms.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
11. Limitation of Liability
IN NO EVENT WILL WE OR OUR AFFILIATES, VENDORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR LOST REVENUE, LOST PROFITS, LOSS OF GOODWILL/REPUTATION, OR LOST ANTICIPATED BUSINESS (EVEN IF WE HAVE BEEN ADVISED OF OR COULD HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THESE TERMS OR THE SITES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY. OUR AGGREGATE LIABILITY FOR ANY LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES ASSOCIATED WITH ANY CLAIM, DISPUTE, OR ACTION RELATED TO, IN CONNECTION WITH, OR ARISING UNDER THESE TERMS OR THE SITES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). TO THE EXTENT A JURISDICTION DOES NOT ALLOW THE LIMITATION OF SOME LIABILITIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Dispute Resolution
Any controversy, claim or dispute arising out of or related to these Terms and/or the Sites, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a“Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. Prior to initiating a Dispute, the aggrieved party will send written notice to the non-aggrieved party at least sixty (60) days in advance detailing the basis of the alleged Dispute. The parties will engage in good faith negotiations to resolve the Dispute during such notice period. If the parties are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute by sending notice demanding arbitration to the other party. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim, or facts forming the basis of the Dispute.
The arbitration shall be initiated and conducted according to American Arbitration Association (“AAA”) rules and procedures for commercial for consumer arbitration, as applicable (the “Arbitration Rules”). The arbitration shall be conducted in New York County, New York before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitration may be conducted by synchronous video conference with the consent of both parties. Either party may bring a Dispute in small claims court in New York County, New York to the extent permitted by the Arbitration Rules. If the amount in controversy is less than $10,000, the parties agree that the Dispute will be decided on the basis of written submissions without a hearing. The decision of the arbitrator will be final without option to appeal. To the fullest extent permitted by law, the arbitrator shall not have the power to award punitive, special, consequential, or indirect damages against any party. Arbitration costs and fees shall be divided in accordance with the Arbitration Rules. Each party shall be responsible for paying its own attorneys’ fees, costs, and expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. No disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION, OR SIMILAR PROCEDURAL DEVICE; AND WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW OR BEFORE A JURY. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof.
Additional Procedures for Mass Arbitration
If twenty-five (25) or more similar claims are asserted against us by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you and we agree that these additional procedures set forth in this subsection will apply. You and we also understand and agree that, such event, the resolution of the Dispute might be delayed.
You and we also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Counsel for the claimants and counsel for us shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a staged process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, and we shall pay the mediator's fee.
If the parties are unable to resolve the remaining matters in mediation at this time, each side shall select twenty (20) cases (per side) to proceed to individual arbitration proceedings as part of a second staged process. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with
those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a staged process unless the parties agree otherwise. If the parties are unable to resolve the remaining cases after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, and we shall pay the mediator's fee.
If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with one hundred (100) cases proceeding at one time that are selected randomly or by the AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims.
1. Any applicable limitations periods (including statutes of limitations) and any arbitration fee deadlines shall be tolled for claims subject to these additional procedures from the time the first cases are selected to proceed until the time your case is selected, withdrawn, settled, or otherwise resolved.
2. Each arbitrator shall endeavor to issue their award within 120 days of their appointment or as swiftly as possible while ensuring fairness to the parties.
3. Counsel for the parties will meet and confer throughout this process in an effort to informally resolve the remaining claims, streamline procedures, address the informal exchange of information, modify the number of claims to be adjudicated in any given set of staged proceedings, and ensure the process remains fair and efficient for all parties.
4. A court of competent jurisdiction will have the authority to enforce these “Additional Procedures for Mass Arbitration”, including by enjoining the mass filing, the prosecution or administration of arbitrations, or the assessment or collection of AAA fees.
5. This subsection of the Dispute Resolution section and each of its requirements are intended to be severable from the rest of the Dispute Resolution section. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the staging process in this subsection is not enforceable, then the claims may be filed in arbitration and the payment of AAA filing, administration, case-management, hearing, and arbitrator fees will be assessed as the arbitrations advance and arbitrators are appointed rather than when the arbitrations are initiated. You and we also agree that should the staging process in this subsection be deemed not enforceable as set forth above, your counsel and our counsel will work together in good faith, including with the assistance of a process arbitrator, to develop streamlined procedures for the adjudication of claims to reduce the costs and maximize the efficiency of arbitration.
13. Governing Law
The Terms are governed according to the laws of the State of New York, without regard to its conflicts of
law principles. Subject to the dispute resolution process described above, all claims, disputes, and suits
must be brought exclusively in the state or federal courts located in New York County, New York, and
the parties agree to the jurisdiction thereof.
14. Indemnity
You will defend, indemnify, and hold us and our affiliates, vendors, service providers, officers, directors, owners, employees, contractors, and agents harmless from and against any and all claims, governmental investigations, demands, actions, and proceedings, real or threatened, and all losses, judgments,awards, settlements, damages, fines, injuries, penalties, and costs (including, without limitation,
reasonable attorneys’ fees and expenses) arising out of or related to (i) any breach or alleged breach of these Terms by you; (ii) your violation of any applicable law or regulation; (iii) your negligence or willful misconduct; or (iv) your use of the Sites.
15. Links
The Sites may contain links to or be accessed through links that are owned and operated by independent third parties to which these Terms do not apply. We provide links as a convenience and the inclusion of the link does not imply that we endorse or accept any responsibility for the content on those sites. We are not responsible for content including but not limited to advertising claims, special
offers, illustrations, names or endorsements on any other sites to which the Sites may be linked to or from which the Sites may be accessed. Further, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked Sites, unless specifically stated therein. We recommend that you review any terms of use statement and privacy policy before using any other linked Sites.
16. Feedback
We always welcome and appreciate your feedback and suggestions. You understand that we cannot necessarily respond to or implement feedback or suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us are yours personally and not owned by a commercial entity. You grant us a worldwide, unrestricted, transferable, assignable, sublicensable, royalty-free license to distribute, publish, modify, edit, or otherwise use your submissions for any purpose, commercial or otherwise, without any acknowledgement of or compensation to you.
17. Miscellaneous
The Terms constitute the entire agreement and understanding between you and us as to the subject matter hereof. Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. If any provision of the Terms is determined to be unlawful, void, or unenforceable, the parties intend that the offending provision be modified to the minimum extent
necessary to be lawful and enforceable. Portions of the Terms which by their nature would survive termination of your use of the Sites (e.g., disclaimer of warranties, limitation of liability, indemnification) shall be deemed to survive. The Terms do not create any joint venture, partnership, employment, or agency relationship between the parties. You agree that ambiguities in the Terms will not be construed
against us by attribution of drafting. We may assign any of our rights or obligations to others at any time without notice to you. You may not assign any of your rights or obligations to others without our prior written consent.
Contact Information
If you have any questions about these Terms, please contact us at termsofuse@checkreservoir.com.