Angel Scholars Logo

AngelScholars Terms of Service

Last Updated: June 9th, 2016

Welcome, and thank you for your interest in AngelScholars.org, a certified 501(c)(3) organization (“Org”), AngelScholars PBC, a public benefit corporation (“PBC”) (collectively, the Org and PBC are “AngelScholars”, “we” or “us”), and our website at www.angelscholars.com, along with our related websites, networks, applications, and other services provided by us (collectively, our “Service”). These Terms of Service are a legally binding contract between you and AngelScholars regarding your use of the Service. If you are not eligible to use the Service, or do not agree to the Terms, then you do not have our permission to use the Service.

  • By clicking “I AGREE” or by using the Service, you are entering into legally binding contracts with both Org and PBC. These contracts include these terms and the AngelScholars Privacy Policy https://www.angelscholars.com/privacy (together, these are called the “Terms”). You are entering into these contracts with both PBC and Org because you may be interacting with either PBC or Org depending on how you use the Service. For example, when you make a Donation or when you are awarded a Scholarship (as defined below), you are interacting only with Org, and Sections 4.1 and 4.6 of these Terms apply to your interactions with Org. However, because PBC operates and maintains the Service for the Org, when you create an account, create a Campaign (as defined below), receive an AngelScholars Debit Card, or receive user support, you are interacting only with PBC, and Sections 3, 4.2, 5, 7, 8, 9, and 21 of these Terms apply to your interactions with PBC. Additionally, certain sections of these Terms apply to both PBC and Org. These sections are Sections 1, 2, 4.3, 4.4, 4.5, 6, and 10 through 20 of these Terms.
  • These Terms provide that all disputes between you and AngelScholars will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 19 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with AngelScholars.

  1. AngelScholars Service Overview. The Service provides a platform that connects users wishing to provide monetary donations (the users providing the monetary donations, “Angels”, and the monetary donations, “Donations”) to educational causes (“Scholarships”) with users who wish to apply for and receive such Scholarships (“Scholars”). Angels may create and donate to Scholarships that contain certain criteria for eligibility, subject to AngelScholars’ approval, and Scholars may search and apply for these Scholarships. AngelScholars will select winners of these Scholarships (each winner, an “Awardee”) based on individuals’ fulfillment of Scholarship criteria and random-chance based on an algorithm created by us. AngelScholars requires a minimum of ten (10) Scholars to apply to a particular Scholarship before AngelScholars selects an Awardee at random (“Scholarship Minimum”). Scholars will be notified via a notice through the Service (“Award Notice”) which will provide the amount disbursed through the Scholarship (“Scholarship Funds”). Scholars may also create their own crowd-funded program to collect monetary donations from other users (the crowd-funded program, a “Campaign”, and monetary donations to a Campaign, “Contributions”). Although there are no fees to set up a Scholarship or Campaign, a percentage of each Donation or Contribution will be charged as fees for use of our Service and those of our third party donation processors. Please see Sections 4 and 5 for details.
  2. Eligibility. You must be at least 13 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
  3. Accounts and Registration. To access most features of the Service, such as creating and applying for Scholarships, you must register for an account with PBC; additionally, we may require you to have an account in good standing with Facebook. When you register for an account on our Service, you will be required to provide us with some information about yourself, such as your name, email address, contact information, or other information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@angelscholars.com.
  4. Additional Terms Applicable to Angels. If you are an Angel, the additional terms in this Section 4 will apply to you.
    1. Donating to Scholarship; Fees. The Service allows you create and to donate to Scholarships to support educational opportunities of your choosing (“Scholarship Purpose”), subject to AngelScholars’ right to review and provide approval of such Scholarship Purpose. When creating a Scholarship, you may set certain criteria for eligibility to apply to your Scholarship and also set a minimum amount that must be donated to your Scholarship (“Fundraising Goal”) by the date of your choosing (“Fundraising Deadline”) as a condition to selecting an Awardee. ALL DONATIONS ARE FINAL AND NONREFUNDABLE UNLESS ANGELSCHOLARS DETERMINES, AT ITS SOLE DISCRETION, THAT A REFUND IS APPROPRIATE. All Donation transactions are handled directly by our third-party donation processor, such as Stripe or a like processor, and not by AngelScholars. Such third-party donation processor may have independent terms of service and privacy policy which you will be subject to when making a donation using such third-party donation processor’s service, and we encourage you to review all such terms prior to making any Donation. Org retains a transaction fee of 10% of each Donation to a Scholarship to cover operating expenses, which includes a donation processing fee that is payable directly to our third party donation processor (collectively, “Fees”). The Fees are deducted directly from each Donation and the amount of Fees charged will be set forth in a receipt provided to you.
    2. Contributing to a Campaign; Campaign Fees. The Service also allows you to provide Contributions to Campaigns created by other Scholars to support the Campaign Purpose (as defined below) set forth in each Campaign. ALL CONTRIBUTIONS ARE FINAL AND NONREFUNDABLE UNLESS ANGELSCHOLARS DETERMINES, AT ITS SOLE DISCRETION, THAT A REFUND IS APPROPRIATE. All Contribution transactions are handled directly by our third-party donation processor, such as Stripe or a like processor, and not by AngelScholars. Such third-party donation processor may have independent terms of service and privacy policy which you will be subject to when making a donation using such third-party donation processor’s service, and we encourage you to review all such terms prior to making any Donation. PBC charges a transaction fee of 5% + a payment processing fee of 2.9% + 30 cents (that is payable directly to our third party donation processor) of each Contribution to a Campaign to cover operating expenses (collectively, “Campaign Fees”). The Campaign Fees are added to the contribution amount of each Contribution and the amount of Campaign Fees charged will be set forth in a receipt provided to you.
    3. Transparency of Spending. All funds donated to a Scholarship or contributed to a Campaign will be available for review in aggregate on the /Transparency page of the AngelScholars web site at www.angelscholars.com.
    4. Selecting a Scholar(s). Scholars who wish to apply to your Scholarship may submit an application through the Service, which may be reviewed by AngelScholars for eligibility.  Your Scholarship must reach the Scholarship Minimum before your Scholarship will be awarded. Once the Scholarship Minimum is reached, AngelScholars will randomly select an Awardee from the Scholars who have applied for your Scholarship.
    5. Redirection of Scholarship Funds. In the event that you do not reach your Fundraising Goal by your Fundraising Deadline or in the event that you do not reach the Scholarship Minimum, you may either:
      1. Extend the deadline at your option to allow more time to fundraise for your Scholarship or to allow Scholars to apply, as applicable; or
      2. Support another Scholarship. If you choose to support another Scholarship, AngelScholars may identify similar Scholarships for you.
    6. Tax Deductibility of Donations to Org . Your Donations and Contributions to Org are fully tax-deductible to the extent allowable by law. No goods or services are provided as part of this Donation.
  5. Additional Terms Applicable to Scholars. If you are a Scholar, the additional terms in this Section 5 will apply to you.
    1. Application Process. Some Scholarships may require certain criteria for eligibility to apply for Scholarships and/or to receive continued Scholarship Funds. To apply for a Scholarship, you may be required to submit information to the Service for purposes of verifying identity or eligibility for such Scholarship (“Scholar Information”). Scholar Information may include, without limitation, your full name, name of any educational institutions in which you are enrolled or other information requested in each Scholarship description. AngelScholars may, and reserves the right, to review Scholar Information you submit for such Scholarship and may provide the Angel who created such Scholarship with your Scholar Information.
    2. Truthful Supply of Information. AngelScholars relies on truthfully supplied information about you in order to determine eligibility for certain Scholarships. We will not attempt to verify certain information provided by you. However, if we are informed or determine that you are not truthfully supplying information upon which we base Scholarship awards, we reserve the right to remove you from the Service. If you have reason to believe that another user’s Scholar Information is inaccurate or misleading, please contact AngelScholars at support@angelscholars.com.
    3. Verified Information. Many Scholarships may require that AngelScholars verify information that you supply. For example, we may require you to submit transcripts through your educational institution and/or we may verify your parents’ or legal guardians’ financial strength (through documents such as a W2 or 1099) to confirm that you are eligible for a particular Scholarship.
    4. Student Grade Information. In general, your information that you supply is for your personal use and for the use of AngelScholars to match you to a Scholarship. By using this service, you are agreeing under FERPA to transfer the right to review your grade information in detail. We will only ever use this information for the purpose of matching you to Scholarship in a PII fashion. We will use your information in aggregate to report, among other things, average GPA in a ZIP code or such similar sort of information.
    5. Selecting Awardees. For each Scholarship, and provided the Scholarship has achieved its Fundraising Goal within the Fundraising Deadline and has reached the Scholarship Minimum, AngelScholars will select an Awardee and will provide the Awardee an Award Notice within 1 day of selection, which will provide the amount of Scholarship Funds awarded and any additional eligibility criteria that may apply to receive continued Scholarship Funds, if applicable.  Awardees may be required to provide AngelScholars with proof that the Awardee is the authorized AngelScholars account holder.  In the event of a dispute about the identity of an individual, AngelScholars will decide in its sole discretion the identity of the individual associated with the particular account.
    6. Disbursement of Scholarship Funds. After Angels have selected an Awardee, AngelScholars will disburse the Scholarship Funds to the Scholars in the form of a AngelScholars Prepaid Corporate Visa Debit Card (“AngelScholars Debit Card”). The AngelScholars Debit card is operated by PEXCard.com and is issued by Bancorp. Scholarship Funds disbursed through the AngelScholars Debit Card may be spent only at the businesses or educational institutions set forth in the Award Notice (“Approved Businesses”), within 30 days of issuance of the AngelScholars Debit Card (“Spend Period”), and only for the Scholarship Purpose. Failure to spend the Scholarship Funds within the Spend Period will result in return of the Scholarship Funds to AngelScholars and AngelScholars will award the Scholarship Funds to another Scholar. If extenuating circumstances prevent you from spending the Scholarship Funds within the Spend Period, please contact us at support@angelscholars.com and we may provide an extension. Use of the Scholarship Funds at a business or educational institution other than an Approved Business or for a purpose other than the Scholarship Purpose may result in termination of your account and additional action by AngelScholars. You understand and acknowledge that any Scholarship Funds made available through the AngelScholars Debit Card (i) is provided to you for the Scholarship Purpose and may not be used for any other purpose, (ii) is for use with the Approved Businesses only, and (iii) will be returned to AngelScholars should you not spend the Scholarship Funds within the Spend Period.
    7. Campaigns and Disbursement of Campaign Funds. You may also create a Campaign from which to collect Contributions for an educational purpose (“Campaign Purpose”) and you may invite other users to donate to your Campaign. Your Campaign and Campaign details will be visible only to users who have accepted an invitation from you to participate in your Campaign. Any Contributions collected (“Campaign Funds”) will be issued to you through an AngelScholars Debit Card provided you achieve the target minimum contribution amount you have set when creating the Campaign. Campaign Funds collected belong to the Scholar who created the Campaign. The Campaign Funds may only be spent with Approved Businesses; however, the Campaign Funds are not subject to the Spend Period requirement and the Campaign Funds may be spent at any time subsequent to issuance of the AngelScholars Debit Card.  Use of the Campaign Funds at a business or educational institution other than an Approved Business or for a purpose other than the Campaign Purpose may result in termination of your account and additional action by AngelScholars. You understand and acknowledge that any Campaign Funds made available through the AngelScholars Debit Card is provided to you (i) for the Campaign Purpose and may not be used for any other purpose, and (ii) for use with the Approved Businesses only.
    8. Additional Scholarship-Specific Terms.  BY APPLYING FOR ANY SCHOLARSHIP, YOU ARE AGREEING TO ANY ADDITIONAL TERMS AND CONDITIONS, BEYOND THESE TERMS, APPLICABLE TO THE PARTICULAR SCHOLARSHIP YOU APPLY FOR.  User Content (as described below) submitted by a Scholar in connection with any Scholarship may be retained by AngelScholars or Angels during the application process and after a Scholarship is awarded.  All Scholars must observe commercial standards of fair dealing and honesty in fact in participating in the Scholarship application process.
    9. No Purchase Necessary; Void Where Prohibited.   No purchase is necessary to apply for any Scholarship.  The Scholarship application process is void where prohibited by law.  Scholars must meet certain criteria to be eligible for Scholarships.  Scholarships will be decided by random-chance drawing among eligible Scholars who have successfully completed the application process, unless otherwise noted.  Your chances of winning a Scholarship will depend on the number of other eligible Scholars.
    10. Publicity Releases.  Scholars who apply for Scholarships may be required to sign an affidavit of eligibility, liability release and/or a publicity release that, among other things, will allow AngelScholars or Angels to use the Awardee’s name, photograph, likeness, voice, prize information, and biographical information for publicity and promotional purposes without further compensation where permitted by law.  Except where prohibited by law, a Scholar’s application for a Scholarship constitutes his or her consent to AngelScholars and/or the Angel’s use of his or her name, likeness, voice, and biographical information for promotional purposes in any media without further payment or consideration.
    11. Winner’s Lists.  Individuals may request a list of Awardees by submitting a self-addressed, stamped envelope to 120 Wingate Ave, San Carlos, CA, 94070 within 90 days of the end of any disbursement of any Scholarship Funds.
  6. User Content
    1. User Content Generally. Certain features of the Service may permit users to upload content to the Service, including Scholar Information, messages, photos, video, images, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
    2. Limited License Grant to AngelScholars. By posting or publishing User Content, you grant AngelScholars a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
    3. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
      1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize AngelScholars and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by AngelScholars, the Service, and these Terms; and
      2. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause AngelScholars to violate any law or regulation.
    4. User Content Disclaimer . We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. AngelScholars may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against AngelScholars with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, AngelScholars does not permit copyright-infringing activities on the Service.
  7. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
    1. if you are a Scholar, create multiple accounts or profiles or apply to a particular Scholarship more than once, subject to your right to re-apply as set forth in Section 16;
    2. if you are an Awardee, spend any Scholarship Funds you receive for a purpose other than for the Scholarship Purpose;
    3. if you are an Awardee, spend any Scholarship Funds or Campaign Funds you receive at a business other than an Approved Business;
    4. if you are a Scholar, spend any Campaign Funds you receive for a purpose other than for the Campaign Purpose;
    5. if you are a Scholar, spend any Campaign Funds you receive at a business other than an Approved Business;
    6. create Scholarships for which only users affiliated with the Angel are eligible;
    7. create Scholarships to obtain a tax deduction or other tax benefit for yourself or a family member or in conjunction or in reciprocity with your friends or family;
    8. use the Service in connection with trafficking contraband;
    9. use the Service to promote hate, violence, bullying, discrimination, terrorism, or racial, gender or ethnic intolerance;
    10. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
    11. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
    12. post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
    13. interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
    14. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
    15. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
    16. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 12) or any right or ability to view, access, or use any Material (as defined in Section 12); or
    17. attempt to do any of the acts described in this Section 7, or assist or permit any person in engaging in any of the acts described in this Section 7.
  8. Third-Party Services and Linked Websites . AngelScholars may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on AngelScholars with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons. By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
  9. Termination of Use; Discontinuation and Modification of the Service. You may terminate your account at any time by contacting customer service at support@angelscholars.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, AngelScholars may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
  10. Privacy Policy; Additional Terms
    1. Privacy Policy. Please read the AngelScholars Privacy Policy https://www.angelscholars.com/privacy carefully for information relating to our collection, use, storage and disclosure of your personal information. The AngelScholars Privacy Policy is incorporated by this reference into, and made a part of, these Terms. AngelScholars collects personal information from Scholars when Scholars apply for a Scholarship.  Angels and/or other third parties may also collect personal information from you when you apply for a Scholarship in accordance with their applicable terms or policies.
    2. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that are applicable to a particular feature or content on the Service, subject to Section 11. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
  11. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
  12. Ownership; Proprietary Rights. The Service is owned and operated by AngelScholars. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by AngelScholars are protected by intellectual property and other laws. All Materials included in the Service are the property of AngelScholars or our third-party licensors. Except as expressly authorized by AngelScholars, you may not make use of the Materials. AngelScholars reserves all rights to the Materials not granted expressly in these Terms.
  13. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant AngelScholars an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
  14. Indemnity. You are responsible for your use of the Service, and you will defend and indemnify AngelScholars and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “AngelScholars Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
  15. Disclaimers; No Warranties
    THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ANGELSCHOLARS ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE ANGELSCHOLARS ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.THE SERVICE PROVIDES AN ADMINISTRATIVE PLATFORM ONLY. ANGELSCHOLARS DOES NOT GUARANTEE THAT ANY SCHOLARSHIP OR CAMPAIGN WILL BE FUNDED AT ALL OR FOR ANY AMOUNT. ANGELSCHOLARS DOES NOT GUARANTEE THAT ANY SCHOLARSHIP THAT SCHOLARS APPLY FOR WILL BE AWARDED TO THOSE SCHOLARS. ANGELSCHOLARS DOES NOT PERSONALLY ENDORSE ANY CAMPAIGN, SCHOLARSHIP, ANGEL OR SCHOLAR, AND ANGELSCHOLARS DOES NOT GUARANTEE THAT ANY USER CONTENT IS ACCURATE.ANGELSCHOLARS WILL HAVE NO LIABILITY AND IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE USER CONTENT POSTED ON THE SERVICE. ANGELSCHOLARS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER, INCLUDING WITHOUT LIMITATION, ANY SCHOLAR OR ANGEL.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE ANGELSCHOLARS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

    SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

    ANGELSCHOLARS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING YOUR APPLICATION FOR ANY SCHOLARSHIP.  BY APPLYING FOR A SCHOLARSHIP, YOU AGREE TO RELEASE AND HOLD HARMLESS THE ANGELSCHOLARS ENTITIES FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF ANY OPPORTUNITIES RELATING TO THE SCHOLARSHIP APPLICATION PROCESS OR SCHOLARSHIP FUNDS.

  16. Limitation of LiabilityIN NO EVENT WILL THE ANGELSCHOLARS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ANGELSCHOLARS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.  ANGELSCHOLARS ENTITIES ARE NOT RESPONSIBLE FOR:  (a)  ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY SCHOLARS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR USED IN THE SCHOLARSHIP APPLICATION PROCESS; (b) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (c) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE SCHOLARSHIP APPLICATION PROCESS; (d) TECHNICAL OR HUMAN ERROR THAT MAY OCCUR IN THE ADMINISTRATION OF THE PROCESSING OF SCHOLARSHIPS OR THE SCHOLARSHIP APPLICATION PROCESS; OR (e) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY THAT MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR (OR ANY OTHER SCHOLAR’S) SCHOLARSHIP APPLICATION.  IF FOR ANY REASON YOUR SCHOLARSHIP APPLICATION IS CONFIRMED TO HAVE BEEN ERRONEOUSLY DELETED, LOST, OR OTHERWISE DESTROYED OR CORRUPTED, YOUR SOLE REMEDY IS ANOTHER SCHOLARSHIP APPLICATION, PROVIDED ANOTHER APPLICATION IS POSSIBLE AT THE TIME OF ERROR.EXCEPT AS PROVIDED IN SECTION 19.4(iii), THE AGGREGATE LIABILITY OF THE ANGELSCHOLARS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN YOU AND ANGELSCHOLARS UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ANGELSCHOLARS. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  17. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and AngelScholars agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Mateo County, California for the purpose of litigating any dispute. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
  18. General. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and AngelScholars regarding your use of the Service. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 2, and 6 through 19, along with the Privacy Policy and any other accompanying agreements, will survive.
  19. Dispute Resolution and Arbitration
    1. Generally. In the interest of resolving disputes between you and AngelScholars in the most expedient and cost effective manner, you and AngelScholars agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ANGELSCHOLARS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    2. Exceptions. Despite the provisions of Section 19.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
    3. Arbitrator. Any arbitration between you and AngelScholars will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting AngelScholars.
    4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). AngelScholars’ address for Notice is:  AngelScholars PBC, 120 Wingate Ave, San Carlos, CA, 94070. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or AngelScholars may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or AngelScholars must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, AngelScholars will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by AngelScholars in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
    5. Fees . If you commence arbitration in accordance with these Terms, AngelScholars will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse AngelScholars for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
    6. No Class Actions. YOU AND ANGELSCHOLARS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AngelScholars agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
    7. Modifications to this Arbitration Provision. If AngelScholars makes any future change to this arbitration provision, other than a change to AngelScholars’ address for Notice, you may reject the change by sending us written notice within 30 days of the change to AngelScholars’ address for Notice, in which case your account with AngelScholars will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
    8. Enforceability. If Section 19.6 is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to these Terms.
  20. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
  21. Contact Information. The Service is offered by AngelScholars PBC, 120 Wingate Ave, San Carlos, CA, 94070. You may contact us by sending correspondence to that address or by emailing us at support@angelscholars.com.