1. Trademark & Copyright Policy
Subject to the Terms of Service, the content available on this Web Site, including, but not limited to, the informational content; images; charts; graphs; graphics; designs; audio and video clips; software and HTML code (collectively, the “Content”) are the property of AKA Link LLC (the “Company”) and are subject to protection by U.S. and international intellectual property laws and treaty provisions, including, but not limited to, those relating to patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights.
Subject to this Policy and the applicable Terms of Use, and except as expressly indicated otherwise on the Web Site, you agree not to (i) rent, license, sublicense, sell, lease, transfer or otherwise distribute or disclose to any third party the Content, or any portion thereof, in any form, or permit third parties access to such Content; (ii) create any products or services based on the Content; (iii) copy, modify and create derivative works based on the Content; (iv) take any action compromising or threatening to compromise (a) the enjoyment and use of any Registered User of the Content or (b) the rights of the Company or its licensors in the Content; (iv) use, transfer, or dispose of the data in any manner that could compete with the business of the Company or the Company’s affiliates, or (v) use the Content in any manner, or for any purpose, contravening this Policy, the Terms of Service, or any applicable law, rule or regulation.
Nothing in this Policy or the Terms of Service grants you a license to develop, create or offer any products or services based on any of the Content found on this Web Site. To the extent approved by the Company, you are authorized to use and download materials that are made available on this Web Site only for your own needs. You may not use, distribute, modify, transmit, or post any Content obtained from the use of this Web Site or any functions of this Web Site for public or commercial purposes, including any text, images, audio, or video without our express written permission. Specifically, you are not authorized to resell access to any such materials or to redistribute or facilitate the redistribution of any such materials for sale to others. You may not delete copyright, trademark or other intellectual property rights and proprietary notices from printouts of electronically accessed materials.
You agree and acknowledge that all trademarks, service marks, logos, names and titles, including, but not limited to, “AKA Link,” the AKA-Link.com logo, and “AKA-Link.COM” (collectively, the “Marks”) on this Web Site and within the Content are proprietary to the Company and are protected by applicable trademark and copyright law. Nothing on this Web Site should be construed as granting any license or right to use any of the Marks displayed on this Web Site. Any unauthorized use of the Marks or any other Content is strictly prohibited.
You agree and acknowledge that the Marks may not be used in connection with any product or service that does not originate with the Company, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits the Company.
The Company owns all rights, title, and interest in and to the Content, including all copyrights, patents, trade secrets, database rights and other intellectual property associated therewith or appurtenant thereto. All users expressly acknowledge that the Content was created as result of the expenditure of substantial time, effort, money, creativity, and other resources, and comprises and constitutes commercially valuable trade secrets proprietary to the Company. All users agree to protect the Content from unauthorized disclosure or access, using measures at least as diligent as those employed by the user to protect its own confidential information.
We respect the intellectual property rights of others and require that persons using this Web Site do the same. In appropriate circumstances, we will terminate the access to this Web Site of any person or entity who is responsible for acts of copyright infringement. If you would like to obtain permission to make use of this Web Site in a way that is not permitted by these Terms, please send a request to do so in writing.
2.Privacy Policy
Overview
AKA-Link.com is firmly committed to the privacy of its members. AKA-Link.com works hard to earn and keep your trust, so it adheres to the following principles to protect your privacy:
AKA-Link.com does not share your contact information with other users or third parties without your consent. Any personally identifiable information that you provide to AKA-Link.com will be secured with industry standard protocols and technology. Information Collection
AKA-Link.com is a Social Enterprise that aims at empowering students offering them real life experience related to their major. When you visit AKA-Link.com you provide two types of information: personal information you knowingly choose to disclose that is collected by AKA-Link.com and Web Site use information collected by AKA-Link.com as you interact with the AKA-Link.com web site (the “Website”).
When you register with AKA-Link.com as a Student Consultant or as an Employer, you provide certain personal information, including, your name and your email address. Additionally, when you establish your profile as a Student Consultant or as an Employer you will provide information relating to your skills, experience, education level, compensation, work availability, geographic region and self-evaluation. Such information does not identify the specificity of the individual member. AKA-Link.com is the sole owner of the information collected through the Website.
Information Use
AKA-Link.com will not sell or rent any collected information to third parties. AKA-Link.com will not share your contact information with other users or third parties except in connection with possible employment and with your express consent. All registered AKA-Link.com members click the “I AGREE” checkbox on the registration form to agree to the AKA-Link.com Privacy Policy and Terms of Service. Accordingly, all registered users agree that certain profile information is accessible to other registered users.
AKA-Link.com records IP addresses for system administration purposes. This information is used to diagnose server problems, monitor traffic patterns, analyze trends, administer the website, track member user patterns, and identify the most popular areas of the website to deliver content most relevant to registered members. IP addresses are not linked to personally identifiable information and are only used to gather broad demographic information for aggregate use, except in the case of fraud.
AKA-Link.com reserves the right to share aggregated demographic information with its partners and/or advertisers, such information will not be linked to personal information that identifies registered users, except in the case of fraud.
Links
The Website contains links to other websites and is not responsible for the privacy practices of such websites. AKA-Link.com encourages its members to read the privacy policies of all websites. This privacy statement applies solely to information collected by AKA-Link.com.
Security
AKA-Link.com protects registered user information offline. All registered user information is restricted within our offices. Servers used to store personally identifiable information is housed in a secure, supervised environment. In addition, only AKA-Link.com employees who need specific information to perform a task are granted access to personally identifiable information.
Mandatory Communications
AKA-Link.com sends all newly registered users a welcome email to verify their email addresses. At times, AKA-Link.com sends service announcements to its registered Employers and Student Consultants. In addition, we communicate with registered members via personal emails or phone calls to provide requested services.
Optional Communications
Registered users receive monthly e-newsletters containing information on AKA-Link.com products, services, and announcements. Occasionally, registered users receive e-postcards that highlight special AKA-Link.com announcements and features. Registered users can opt-out of the above-listed communications at any moment.
Choice/Opt-out
Registered users can, at any time, modify their AKA-Link.com email (service announcement) preferences by updating their account information.
Notification of Changes
AKA-Link.com reserves the right to modify this privacy policy at any time, so please review it frequently. If AKA-Link.com alters its Privacy Policy, it will promptly post all changes in the Employer and Student Consultants Announcement areas. By continuing to use AKA-Link.com after changes have been made to this policy, you are consenting to the changes.
Terms of services
The following Terms of Service, which include the Privacy Policy, IP Policy, and any guideline, policy or content displayed on the Website, are a legally binding contractual agreement between you (“User, “you,” “your”) and AKA-Link.com (“AKA-Link.com,” “we,” “us”) (hereinafter collectively referred to as the “Terms of Service”). By visiting or using the services available from the domain and sub-domains of www.AKA-Link.com (the “Website”), you agree to be legally bound by these Terms of Service. We reserve the right to revise these Terms of Service and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.
3. Overview and Definitions
AKA-Link.com is a Social Enterprise that aims at empowering students offering them real life experience related to their major. When you visit AKA-Link.com you provide two types of information: personal information you knowingly choose to disclose that is collected by AKA-Link.com and Web Site use information collected by AKA-Link.com as you interact with the AKA-Link.com website (the “Website”).
Employers: Post projects, communicate with AKA Link, negotiate with AKA Link, award projects to AKA Link, possibility to manage projects or to leave management to AKA Link, leave feedback for Student Consultants, and pay Student Consultants.
Student Consultants: advertise capabilities, deliver projects on time, respect copyrights, be a full-time or part-time student or recently graduate (less than 2 years after graduation)
AKA Link: Manage projects, submit quotes, negotiate with Employers, obtain project awards, invoice, obtain feedback from employers, receive payment from Employers, and pay student consultants.
We also provide Registered Users with certain services described in, and subject to, these Terms of Service (as further defined below, the “Services”). We may add, delete or modify some or all of such Services at any time at our sole discretion with reasonable notice posted in advance on the Website. Capitalized terms used in these Terms of Service have the following meanings:
“1099 Service” means the service described in Section 7.
“Assumed Payment Liabilities” shall mean that portion of a Student Consultant’s total service charges for a Project which AKA-Link.com agrees to assume in consideration of the Service Charges.
“Dispute Resolution Service” means the service described in Section 6.
“Employer’s Acceptance of Services” shall mean: (i) with respect to an Invoice, a transfer of funds by Employer to AKA-Link.com in respect of such Invoice, the earlier to occur of the following: (a) Employer and AKA Link agree as to the rightful recipient of the funds or (b) Employer and AKA Link have concluded the process comprising the Dispute Resolution Service.
“AKA-Link Billing and Payment Services” means, collectively, the AKA-Link Invoice Service and the Payment Service.
“AKA-Link Invoice Service” means the service described in Section 5(A).
“Payment Service” means the service described in Section 5(B).
“Service Charges” means, as applicable, the Project Fee, Employer Payment Processing Fee, the Student Consultants Transfer Method Fee and the Dispute Resolution Service Fee.
“Services” means, collectively, the AKA-Link Billing and Payment Service, the Dispute Resolution Service and the 1099 Service.
“Website” means the world wide web site operated by AKA-Link.com at http://www.AKA-Link.com or any replacement URL.
REGISTRATION
Eligibility. To access our Services through our Website, you must be a legal entity or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered Student Consultant, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered Student Consultant, you agree to: (1) abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; (2) be financially responsible for your use of the Website and the purchase or delivery of services; and (3) perform your obligations as specified by any Project Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. AKA-Link.com reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone. Registration.To become a Registered Student Consultant and to access Services you must register on The Website. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy, and completeness.
Accounts and Profiles.
Once you have registered with the Website as a Registered Student Consultant, the Website will create your Account with AKA-Link.com and associate it with an account number.
RELATIONSHIPS
Employers and AKA Link.
Project Agreement.
The engagement, contracting and management of a project are between an Employer and AKA Link. Upon acceptance of a quote, the Employer agrees to purchase, and AKA Link agrees to deliver, the services and related deliverables in accordance with the following agreements: (a) the agreement between Employer and AKA Link including the Project Description, and other terms and conditions as communicated between Employer and AKA Link on the Website or otherwise, (b) these Terms of Service, and (c) any other content uploaded to the Website by AKA-Link.com (collectively, the “Project Agreement”). You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Project Agreement in conflict with these Terms of Service is void. The employer is responsible for inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Project Agreement in a timely manner. AKA Link is responsible for the performance of the services in accordance with the Project Agreement in a timely manner. Employer and AKA Link each covenant and agrees to act with good faith and fair dealing in performance of the Project Agreement. Independence.Employer and AKA Link each acknowledges and agrees that their relationship is that of independent contractors. AKA Link shall perform services as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between AKA Link and Employer or between Employer and Student Consultant. Registered Users and AKA-Link.com
General.
AKA-Link.com has no control over and does not guarantee the safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of project listings, the qualifications, background, or abilities of Registered Users, the ability of Student Consultants to perform services, the ability of Employers to pay for services, or that an Employer or Student Consultants can or will actually complete a Project. AKA-Link.com is not responsible for and will not control the manner in which a Student Consultants operates and is not involved in the discipline or working conditions of the Student Consultants. AKA-Link.com will not provide any Student Consultants with any materials or tools to complete any Project. Employers and Student Consultants must look solely to the other for enforcement and performance of all the rights and obligations arising from Project Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
Third-Party Beneficiary of Project Agreement.
Employer and Student Consultants each acknowledges and agrees that the value, reputation, and goodwill of the Website depend on their performance of their covenants and agreements as set forth in their Project Agreement. Employer and Student Consultants, therefore, appoint AKA-Link.com as a third-party beneficiary of their Project Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, AKA-Link.com by these Terms of Service. Employers and Student Consultants further agree that AKA-Link.com has the right to take such actions with respect to the Project Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as AKA-Link.com in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.
Agency.
These Terms of Service and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and AKA-Link.com, except and solely to the extent expressly stated. Taxes.Registered Users are responsible for payment and reporting of any taxes. Other than in connection with the 1099 Service, AKA-Link.com is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes, unless otherwise agreed to by both parties pursuant to the terms of any provision of tax services provided to you by AKA-Link.com. You agree that you will abide by any and all applicable state and federal tax statutes, regulations and common law. In the event AKA-Link.com receives a notice of non-compliance with any such statute, regulation or common law, including, without limitation, an Internal Revenue Service Levy, AKA-Link.com will deem such receipt a breach of this section and will suspend your Account until AKA-Link.com received an Internal Revenue Service Release.
AKA-LINK FEES
Membership Fee.
Student Consultants are exempt from any membership fee.
Services Fees.
AKA-Link.com deducts one or more of the following fees, as applicable, from payments made by Employers to Student Consultants using the AKA-Link Billing and Payment Services. AKA Link charges all Student Consultants a Project Fee. The fee is deducted from the total amount paid by an Employer for a Project. Dispute Resolution Service Fee. For use of Dispute Resolution Services, irrespective of the nature of resolution and any resulting disbursements, AKA-Link.com charges a Dispute Resolution Service Fee, equal to the greater of twenty-five dollars ($25.00) and five percent (5%) of the total amount paid by an Employer to AKA-Link.com for the applicable project to which such payment relates. We reserve the right to change membership fees, service fees, processing fees or any other fee that may be charged by AKA-Link.com at any time, at the sole discretion of AKA-Link.com and upon reasonable notice posted in advance on the Website. No refunds of fees already paid will be given.
AKA-LINK BILLING AND PAYMENT SERVICES
AKA-Link Invoice Service.
AKA-Link Invoice Service enables Employers to make payments for services. General.When a Student Consultants completes a Project for an Employer, the AKA Link will complete the electronic invoice form (the “Invoice”). The Student Consultants will provide AKA-Link.com with a list of items, including, but not limited to, hours worked, payment required and description of Project(s), to be included on the Invoice (“Invoice Details”). Such Invoice Details will not be final until and unless such Student Consultants has confirmed the accuracy of the Invoice Details or waived the right to review the Invoice Details. AKA-LINK.COM ENCOURAGES ALL STUDENT CONSULTANTS TO REVIEW INVOICE DETAILS. AKA-Link.com will submit the Invoice to the Employer and the Employer shall submit the payment specified in the Invoice (“Payment”) to AKA-Link.com. When an Employer makes a payment through the AKA-Link Invoice Service, AKA-Link.com deducts the appropriate Service Charges due AKA-Link.com as described on the Website and delivers the remainder of the Payment to the Student Consultants.
Invoice Disputes.
If an Employer reasonably disputes any Invoice, the Employer will pay all undisputed amounts within the time frames specified above and the parties will cooperate to verify any disputed amounts. Any Invoice amounts reasonably disputed by an Employer will not be payable to a Student Consultants until such dispute is resolved. AKA-Link’s obligation to pay any Payment (less applicable Service Charge) is expressly conditioned upon (a) AKA-Link’s receipt of Payment from the applicable Employer and (b) resolution of all outstanding disputes with respect to such Invoice and/or Payment.
Payment Service.
The Payment Service enables Employers to transfer certain payment responsibilities to AKA-Link.com. General.At an Employer’s request, upon payment to AKA-Link.com by Employer for services to be rendered by a Student Consultants, AKA-Link.com will assume responsibility for the payment for such Student Consultant’s services (less applicable Service Charge). AKA-Link.com agrees not to pay Student Consultants for services until after the occurrence of an Employer’s Acceptance of Services. You acknowledge that such funds will belong to AKA-Link.com immediately upon such funds being transferred to AKA-Link.com. However, AKA-Link.com agrees to refund such funds to Employer in the event that (y) a Student Consultants acknowledges that services have not been completed or (z) Employer and Student Consultants have concluded the process comprising the Dispute Resolution Service with a result indicating that Employer is the rightful recipient of such funds. AKA-Link.com agrees to keep both Employer and Student Consultants informed as to the status of the Assumed Payment Liability and if, for any reason, a party requests Dispute Resolution Service regarding such status, will notify both parties that the matter will be addressed through the Dispute Resolution Service.
Payment Disputes.
If an Employer or Student Consultants reasonably disputes the quality or completion of services provided by such Student Consultants, then both Employer and Student Consultants agree that AKA-Link.com shall have no payment obligations to any party related to relevant fees until such dispute is resolved in accordance with Section 6 below. AKA-Link’s obligation to pay any Payment (less applicable Service Charge) is expressly conditioned upon resolution of all outstanding disputes with respect to such Payment.
Funds Transfer.
To receive funds due to you, you must request such funds and indicate your selection of the fund’s transfer methods available on the Website. Any such requests shall be subject to the conditions and restrictions contained on the Website and in these Terms of Service. Notwithstanding any other provision of these Terms of Service, if AKA-Link.com determines in its sole discretion that a Registered User has violated the conditions and restrictions of the Website or Terms of Service, AKA-Link.com has the right to refuse to process such request. Hold on Transfers.AKA-Link.com reserves the right, at its sole discretion, to place a hold on requested transfers if AKA-Link.com suspects monies may be subject to charge back, bank reversal, failure to clear or fraud. AKA-Link.com will release a hold as soon as practical.
Legal Relationship.
AKA-Link.com is not your agent with respect to any funds that have been transferred to AKA-Link.com for any Assumed Payment Liabilities. Each Student Consultant must properly discharge and credit Employers for all payments that AKA-Link.com makes to such Student Consultants in respect of services provided to such Employers. AKA-Link.com acts as a payment provider by creating, hosting, maintaining, and providing the AKA-Link Billing and Payment Services to you. AKA-Link.com does not have any control over the services invoiced or paid for with the AKA-Link Billing and Payment Services. Additionally, AKA-Link.com does not control whether an Employer or Student Consultants will actually complete the underlying transaction. AKA-Link.com is not responsible in any way for the timeliness or accuracy of the invoices or the timeliness, accuracy, completion or workmanship of any work product produced by a Student Consultants as a result of an awarded Project. Nothing in these Terms of Service will be deemed to constitute AKA-Link.com as your agent with respect to any service purchased and sold by Registered student consultant through the Website, or expand or modify any warranty, liability or indemnity stated in these Terms of Service. By using the AKA-Link Billing and Payment Services, you expressly acknowledge that (a) AKA-Link.com is not acting as a trustee or a fiduciary of Employers or Student Consultants and that the AKA-Link Billing and Payment Services are provided to Registered Users administratively; (b) AKA-Link.com is not a “financial institution” as defined under the Bank Secrecy Act (BSA) and the AKA-Link Billing and Payment Services are payment services rather than a banking services; (c) AKA-LINK.COM IS NOT A BANK AND ANY PAYMENTS TRANSFERRED THROUGH AKA-LINK.COM ARE NOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT, LOSS OR FORFEITURE.
Miscellaneous Payment Terms.
Authorized Payments are Final. Your use of the AKA-Link Billing and Payment Services constitutes your agreement to pay for any amounts which you authorize us to retain from transactions and, as appropriate, charge to your credit card, bank account, or PayPal account. Such payments, once authorized, are final. When an Employer’s Acceptance of Services has occurred, (i) AKA-Link.com shall have no further liability to any party with respect to Payment for such services, (ii) Employer acknowledges that AKA-Link.com has provided a complete service in respect of the payment made by Employer for the Assumed Payment Liability or Invoice, as applicable and (iii) Employer hereby releases AKA-Link.com from any and all liability with respect to such Payment. Fraudulent Transactions; Erroneous or Duplicate Transactions; Charge Backs.AKA-Link.com reserves the right to seek reimbursement from you, and you will reimburse AKA-Link.com, if AKA-Link.com discovers a fraudulent transaction, erroneous or duplicate transaction, or if AKA-Link.com receives a charge back or reversal from any Employer’s credit card company, bank, or PayPal for any reason. You agree to and acknowledge AKA-Link.com’s right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by AKA-Link.com in an effort to investigate fraud. You agree that AKA-Link.com has the right to obtain such reimbursement by charging your Account, deducting amounts from future transfers, charging your credit card or any bank account associated with your Account, or obtaining reimbursement from you by any other lawful means, including using a third-party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of your Account.
Currency.
The AKA-Link Billing and Payment Services operate in US Dollars and therefore AKA-Link.com is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars, nor is AKA-Link.com responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or automated clearinghouse to and from your bank account, credit card account or PayPal account. Exclusivity and Non-Circumvention.Employers agree to use the AKA-Link Billing and Payment Services to make all payments to Student Consultants, whether first-time, repeat, or follow-on. You also agree not to take any action directly or indirectly to circumvent the AKA-Link Billing and Payment Services or any associated fees. As a Student Consultants, you agree to use AKA-Link Billing and Payment Services to receive all payments from Employers identified through the Website, whether first-time, repeat, or follow-on. Additionally, you agree not to circumvent the AKA-Link Billing and Payment Services or any associated fees.
Notification.
As an Employer, you agree to notify AKA-Link.com immediately if your Student Consultants solicits payment from you. As a Student Consultant, you agree to notify AKA-Link.com immediately if your Employer seeks to pay you. If you are aware of a breach of the foregoing prohibitions, or any potential circumvention of the AKA-Link Billing and Payment Services, please submit a confidential report to AKA-Link.com via the contact-us form.
Agreement to Pay.
If for any reason, AKA-Link.com does not receive payment for any amounts that you have authorized to be paid through your use of the AKA-Link Billing and Payment Services, you agree to pay such amount immediately upon demand by AKA-Link.com. You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by AKA-Link.com in collecting from you the authorized but unpaid amount. In such case, AKA-Link.com may, at its option, stop processing any further payments made by you and apply any amounts then held by AKA-Link.com on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the AKA-Link Billing and Payment Services. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
DISPUTE SERVICES
Eligibility.AKA-Link.com offers the Dispute Resolution Service to those Registered Users that have requested AKA-Link.com to assume all or a portion of the payment liability for services and who are engaged in a dispute over a Project. Employer and Student Consultants agree and acknowledge that, with respect to Assumed Payment Liabilities, any and all disputes relating to the underlying fees shall be governed by the terms of this Section 6. Process.
Negotiation.
In any dispute between Registered Student Consultant relating to a Project that is eligible for Dispute Resolution Service, you agree to negotiate such dispute in good faith. If the result of such negotiation is acceptable to both parties in a dispute, you agree to indicate your approval of such negotiation through the Website and AKA-Link.com will disburse funds in accordance with the results of such negotiation. If you are dissatisfied with the progress, you agree to submit your dispute to binding arbitration as further set forth below.
Arbitration.
In any dispute between an Employer and AKA Link which cannot be resolved through negotiation, you expressly agree to and acknowledge that AKA-Link.com or a third party chosen by AKA-Link.com will arbitrate the dispute in accordance with these Terms of Service and the
Website.
(a) You acknowledge and agree that AKA-Link.com will construe any Project Agreement based on the transaction’s course of dealing and common industry practices. Specifically, in rendering its decision, the arbitrator shall only be obligated to consider the following:
(i) the Project Agreement,
(ii) the parties’ course of dealings, as evidenced by activity on or communications through the Website,
(iii) the Project itself and
(iv) any information or communication that the Employer and AKA Link agree should be considered.
(b) AKA-Link.com shall render its decision within five (5) business days of escalation. During this time, you are encouraged to continue to negotiate an amicable settlement with AKA Link with which you are engaged in a dispute.
(c) You agree that the decision of AKA-Link.com, acting as an arbitrator, shall be final, binding, and not subject to appeal. Accordingly, within a reasonable time after we have rendered a decision, we will transfer funds in accordance with the arbitrator’s decision.(d) In the event that you are the prevailing party in its arbitration decision, you agree that you shall have no right, title to, interest in or license to the Project that is the subject matter of the dispute. In such case, you agree to return any physical copies of such Project in your possession and destroy any electronic copies that you have.
Communication.
You agree and acknowledge that (1) AKA-Link.com will use the e-mail address corresponding with your Account registered at the time a dispute arises to notify and communicate with you with regard to any dispute and (2) you are solely responsible for the receipt of any notification or communication sent by AKA-Link.com using the e-mail address corresponding to your Account registered at the time a dispute arises.
Acknowledgements.
You agree and acknowledge that (1) AKA-Link.com is not providing legal services to you, (2) AKA-Link.com will not advise you regarding any legal matters and (3) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on AKA-Link.com for any such counsel. You agree to indemnify and hold harmless AKA-Link.com and any of our affiliates against any damages or liability you may suffer as a result of using the Dispute Resolution Service. If you do not agree to use this Dispute Resolution Service under these terms, you should not request AKA-Link.com to assume the Assumed Payment Liabilities.
1099 SERVICES
At the request of an Employer, AKA-Link.com shall issue each individual Student Consultants whom you have engaged in the Service a summary on Form 1099 reflecting Payments (fewer fees) paid to each Student Consultants. You hereby acknowledge that, although AKA-Link.com may provide the 1099 Service to Employers, the Employer’s Project Agreement to obtain services and make payments is an agreement between an Employers and a Student Consultants.
TERMINATION AND SUSPENSION
These Terms of Service shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is terminated by you or AKA-Link.com as provided for under the terms of this section. Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms of Service at any time upon notice to the other party. In such event, your Account is automatically terminated and (1) AKA-Link.com shall continue to perform those services necessary to complete any open transaction between you and another Registered Student Consultant; and (2) you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to AKA-Link.com for any service and to any Student Consultants for any services. Any termination of an Account will automatically lead to the termination of all related profiles. Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Project, and refuse to provide any or all services to you if: (1) you breach the letter or spirit of any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for AKA-Link.com or are contrary to the interests of the Website. Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or register under a new Account. In addition, violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. Without limiting our other remedies, to the extent you engage in actions or activities which circumvent the AKA-Link Billing and Payment Services or otherwise reduce fees owed AKA-Link.com under these Terms of Service, you must pay AKA-Link.com for all fees owed to AKA-Link.com and reimburse AKA-Link.com for all losses and costs and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees. When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website. The material may be deleted along with all your previous posts and proposals.
PRIVACY AND CONFIDENTIALITY.
Your use of the Website and the services provided therein and thereby is governed by the terms of these Terms of Service and the AKA-Link.com Privacy Policy. It is your responsibility to review the AKA-Link.com Privacy Policy, which is incorporated by reference, and we suggest that you review the Privacy Policy and print a copy for yourself. The Privacy Policy is posted on the Website and may be updated from time to time. Unfortunately, we cannot ensure that disclosure of your personal information will not occur in ways not described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement agencies or third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.
INTELLECTUAL PROPERTY.
AKA-Link.com Content.
Your use of the Website and the services provided therein and thereby is governed by the terms of these Terms of Service and the AKA-Link.com IP Policy. It is your responsibility to review the AKA-Link.com IP Policy, which is incorporated by reference, and we suggest that you review the IP Policy and print a copy for yourself. The IP Policy is posted on the Website and may be updated from time to time.
Registered User Content.
You are solely responsible for information posted on our Website, including but not limited to (a) any audio, video content (collectively, “Multimedia Content”), (b) any posting or listing made in any public message area, through any email feature or through AKA-Link.com’s feedback feature (collectively, “”>Non-Multimedia Content”) and (c) any other content of a personal nature including but not limited to your resume, biography, work history and work product produced for another Registered User including Companies (“Personal Content”). You retain ownership of all Multimedia Content and Personal Content, subject to the licenses granted herein. 2. You hereby assign to AKA-Link.com your rights in any Non-Multimedia Content. You grant us a non-exclusive, worldwide, perpetual, royalty-free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing AKA-Link.com products and services and you grant us a non-exclusive, worldwide, perpetual, royalty-free, irrevocable right to use the Personal Content for the purpose of providing Services. 3. Your information must not: (a) infringe any third party’s rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography. 4. We do not endorse any information posted by Registered Users and we are not liable for any such information posted on the Website, including but not limited to any information posted about you. We reserve the right to take any action, in our sole discretion, with respect to information posted on the Website which we believe is inappropriate, including but not limited to termination of your Account. However, we cannot, nor do we, control the information provided by you or other Registered Users or other content providers which are made available through our system. Removal of Content for which Copyright Infringement Is Claimed. Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act, AKA-Link.com has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by a User of the Website, please fill out a Notice of Infringement form and fax it to AKA-Link.com Copyright Infringement Notices at 412-687-4466. 2. The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), which provides that a notification of claimed infringement must be a written communication provided to the designated agent that includes substantially the following: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at such website. (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Student Consultants to locate the material. (d) Information reasonably sufficient to permit the Student Consultants to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted. (e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.(g) Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent. Additionally, you are required to provide a Notice of Infringement form each time you wish to report alleged acts of infringement and fax it to the number provided above.
REPRESENTATIONS, DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS
Registered User Representations and Warranties.All Registered Users represent, warrant, and agree: not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website. not to intercept or expropriate any system, data or personal information from the Website. not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques. that it has the right and authority to enter into the Terms of Service and to transact business hereunder. that they are using the Website solely for the purpose of entering into a bona fide business transaction with other Registered Users. that they will not use the Website or its services to defraud or mislead any person or entity, including without limitation AKA-Link.com or any Register User. that they will not use the Website to violate any law or regulation of the United States of America or any international law or treaty. that they are not a resident national of, or, an entity located in Cuba, Iran, Sudan, Burma (Myanmar), Democratic Republic of the Congo, North Korea, Syria or any other country subject to economic sanctions imposed by the government of the United States of America. that they are not currently and have never been listed as a Specially Designated National by the United Stated Department of Treasury’s Office of Foreign Assets Control (“OFAC”). that they will not use the Website in connection with any “prohibited transaction” as defined under the Cuban Assets Control Regulations, 31 C.F.R. Part 515; Iranian Transactions Regulations, 31 C.F.R. Part 560; or Sudanese Sanction Regulations, 31 C.F.R. Part 538; Former Liberian Regime of Charles Taylor Sanctions Regulations, 31 C.F.R. Part 593; Burmese Sanctions Regulations, 31 C.F.R. Part 537; Foreign Assets Control Regulations as they relate to North Korea, 31 C.F.R. Part 500; Executive Order 1338; or any other law, regulation or executive order of the United States of America. Warranty Disclaimer.THE SERVICES PROVIDED BY AKA-LINK.COM OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT, WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE WEBSITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF MONIES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
General Release.
If you have a dispute with another Registered User, you release AKA-Link.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. State Specific Release. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “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.” Indemnity.You agree to defend, hold harmless and indemnify AKA-Link.com from and against any and all losses, costs, expenses, damages or other liabilities incurred by AKA-Link.com from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against AKA-Link.com: (1) in connection with your use of the Services including any payment obligations incurred through use of the AKA-Link Billing and Payment Services; or (2) resulting from: (a) your use of the Website (b) your decision to supply credit information via the Website, including personal financial information; (c) your decision to submit postings and accept offers from other Registered Users; (d) any breach of contract or other claims made by Registered Users with which you conducted business through the Website; (e) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User; (h) any act or omission of yours with respect to the payment of fees to any Student Consultants; (i) your dispute of or failure to pay any Invoice or any other Payment; or (j) your obligations to a Student Consultants. Any such indemnification shall be conditioned on our: (i) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defense or settlement thereof, and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
Links.
The Website may contain links to third-party web sites not under the control or operation of AKA-Link.com. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.
Data.
You are responsible for creation, storage, and backup of your business records. These Terms of Service and any registration for or subsequent use of this Website will not be construed as creating any responsibility on AKA-Link.com’s part to store, backup, retain, or grant access to any information or data for any period.
MISCELLANEOUS TERMS AND CONDITIONS
Compliance with Law.
You are responsible for compliance with applicable U.S. state, U.S. federal and international laws, regulation, `and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.
Modification and Waiver.
AKA-Link.com will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of AKA-Link.com. No delay or omission by AKA-Link.com in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
Severability.
If any part of these Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
Assignment or Transfer.
You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission of AKA-Link.com, and any attempt to do so will be null and void. AKA-Link.com may assign these Terms of Service in its sole discretion.
State Specific Legal Notice.
Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following: AKA-Link.com, located in Pittsburgh, Pennsylvania, is the provider of the electronic commercial service on the Website. Registered Users are notified in advance regarding any applicable service charges. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210. Upon your request, you may have this Agreement sent to you by email. Please feel free to contact AKA-Link.com to resolve a complaint regarding any aspect of service relating to the Website by writing to the above address, or contact us at info@AKA-Link.com.
Force Majeure.
Except for the payment of fees to AKA-Link.com, neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
Notice.
All notices required or permitted to be given under these Terms of Service, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by pre-paid telex, telefax or telegram, or mailed first-class, postage pre-paid, by registered or certified mail (notices sent by telex or telefax, or telegram, shall be deemed to have been given on the date sent; those mailed shall be deemed to have been given ten (10) business days after mailing) to the addresses set forth below or to such other address as any party shall designate by notice in writing.
If to AKA-Link:
Attention AKA Link LLC
1270 5th Avenue, Suite 6A
New York, NY 10029
Headings and Labels.The boldface paragraph headings in these Terms of Service are included for ease of reference only and have no binding effect.
Integration.
These Terms of Service and all documents referenced in these Terms of Service (including the policies listed and available by hyperlink) comprise the entire agreement between you and AKA-Link.com with respect to the use of this Website and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Website that link to or are linked from the Website.
Survival.
Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 will survive any termination of these Terms of Service for any reason