Terms and Conditions

Welcome to Tapd. This website, and the information, products or services offered by Tapd through this website (the “Services”) are offered by Tapd, Inc. (“Tapd,” “we,” our,” or “us”). Our Services are a platform through which students at particular educational institutions seeking financial aid (each, a “Student”) and their parent (each, “Parent”) can apply and connect with providers of such financial aid (each, a “Provider”). Your obligations and rights under these Terms may vary depending on whether you registered as a Student or a Business. The following terms and conditions (“Terms”) govern your use of our Services. By accessing, viewing, or using our Services, you indicate that you have read and understand these Terms, that you agree to them and are legally bound by them. You do not have to create an account in order to use or access certain portions of the Services. If you do not agree to these Terms, if you are under 18 years of age, if you are not a legal resident of the United States, or you are otherwise denied permission to use our Services, you must discontinue your access to and use of the Services immediately and not return. Our Privacy Policy frankfafsa.com/privacy is incorporated herein by reference. Please also read our Privacy Policy frankfafsa.com/privacy carefully to understand what we do with the personal information that we collect as part of your interaction with the Services. These Terms of Use, including the Privacy Policy frankfafsa.com/privacy and any other documents described here, govern your use of the Services and constitute a legal contract between you and Tapd.

1. Registration.
In order to access certain content, services, products or benefits on our Services, you will be asked to register and create an account. By registering an account on our Services, you represent that you are 18 years of age or older and a legal U.S. resident. Depending on your intended uses of our Services, you may be asked to designate your account as either a Student Account (i.e., for a Student) or a new Parent Account (i.e., for a Parent). Also as part of the registration process, you may be asked to select a username and password, and may be required to provide Tapd with certain information about yourself, including some types of personally identifying information such as your email and home addresses and your employer or educational institution. You agree to provide accurate, current and complete registration information, and to maintain and promptly update the registration information to keep it accurate and complete. Any information that you provide to Tapd through our Services or email is subject to Tapd’s Privacy Policy frankfafsa.com/privacy. As part of the registration process, you will be asked to select a user name and password. The username and password are for your personal use only and only you are permitted to access our Services, the Services Materials (as defined below), and the User Content (as defined below) through your account. Without limiting the foregoing, you are fully responsible for your account, including use of the account by any third party, and maintaining the confidentiality of your password. You may suspend your account at any time by suspending the account within your profile or by emailing us at hello@frankfafsa.com. If you are aware of any illegal or improper activity on your account, it is your responsibility to inform Tapd immediately. By registering, you are subscribing to transactional notification emails that will inform you when a job that matches your profile is posted. You can unsubscribe or manage your notification frequency settings at any time from these emails by logging into your account and changing your notification settings, or by following the directions in the email themselves.

2. Verification.
By registering with our Services, you hereby authorize Tapd to verify any representations and warranties you make either pursuant to these Terms or within any materials submitted during the registration process, including by contacting any provided references and reviewing public records. You acknowledge that while Tapd reserves the right to verify these representations and warranties, Tapd is not obligated to do so, and may choose not to do so, at Tapd’s sole discretion. Please be advised that prospective financial aid providers may check the veracity of what you provided, including by conducting background checks.

3. Proprietary Rights.
As between you and Tapd, Tapd owns all right, title and interest, including all intellectual property rights, in all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through our Services other than User Content (“Services Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Services Materials. Under no circumstances will you have any rights of any kind in or to the Services Materials, other than the right to use the Services Materials in accordance with these Terms. As between any user of the Services and Tapd, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Services are proprietary to Tapd or its affiliates, licensors (including Businesses), or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Using our Services does not give you ownership of any intellectual property rights in our Services, the Service Materials, or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. For clarity, these terms do not grant you the right to use any branding or logos used in our Services. Certain features of the Services (including the registration processes described in Section 1 above) may allow you to contribute comments, feedback, information, content, text, files, trademarks, logos, graphics, postings, and other materials and information, including Job Postings, for access, use, viewing and commentary by other users to the Services (“User Content”). By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by our Services and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliation with any person or entity, including any business or educational institution, or that is generally false, deceptive, misleading, deceitful, misinformative, or constitutes a “bait and switch”; (e) be obscene, child pornographic, or indecent; (f) violate any community or Internet standard; or (g) constitute disclosure of any confidential information owned by any third party. You retain all right, title and interest in and to the User Content that you submit and all intellectual property rights embodied therein. Upon your submission of User Content or other material or information to Tapd, you grant Tapd a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, host, communicate, publish, publicly perform, publicly distribute, and create derivative works based upon, and sublicense, the User Content, all without any compensation to you whatsoever. This license continues even if you stop using our Services or your use of the Services is terminated or ceases for any reason. If you believe that any content or postings on our Services or the Application violate your intellectual property or other rights, please follow our Complaint Procedure in Section 10 of these Terms.

4. Unauthorized Activities.
You agree that you will not use our Services for: (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) contacting any other user of our Services who has requested not to be contacted; (c) stalking or harassing anyone; (d) data mining, scraping, or for releasing spiders, robots, web crawlers, or any other data gathering or extraction tools to collect any information from our Services, including any information related to the Financial Aid, except to the extent our Services are indexed by general purpose public search engines; (e) promoting any effort to compete with Tapd, including using our Services to provide, alone or in combination with any other product or service, any service to any third party or any use that causes a reduction or loss of business for Tapd as related to an existing or potential customer; (f) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of our Services Materials or User Content, unless otherwise authorized by these Terms or in a separate written agreement with Tapd, or it is User Consent that you posted; (g) attempting to gain unauthorized access to Tapd’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of our Services; (h) any resale or commercial use of our Services, the Services Materials, or the User Content; (i) using our Services to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including any commercial purposes; (j) violating or offending any community or Internet standards of decency; or (k) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security features of our Services aimed at preventing or restricting the unauthorized use of our Services or any of the Services Materials. You may only use our Services and the Services Materials consistently with these Terms. Any other use of our Services or Services Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of Tapd is strictly prohibited. You acknowledge and agree that the unauthorized use of our Services or the Services Materials could cause irreparable harm to Tapd and that in the event of such unauthorized use, Tapd shall be entitled to an injunction in addition to any other remedies available at law or in equity.

5. Third Party Web Sites and Content.
Our Services are available for informational purposes only. Tapd is a private company, and is not affiliated with any Business or educational institution, including any university or college. Our Services may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Our Services may also incorporate features and services provided by third parties, such as payment processing. Use of such third party links, features, and services, and any other third party material or content on, or made available through, our Services is entirely at your own risk. Tapd does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website is at your own risk, and subject to the terms and conditions of such other websites, including the terms and conditions of Tapd’s third party payment processors. Tapd does not endorse any product, service, or treatment provided on a third party website or advertised or provided on our Services.

6. Availability of the Services.
Tapd uses reasonable efforts to ensure that our Services are generally available. However, there will be occasions when access to our Services will be interrupted or unavailable. Tapd will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that Tapd shall not be liable for any modification, suspension, or discontinuance of our Services and that all amounts paid for our Services are nonrefundable.

7. Disclaimer.
The content contained on our Services is for informational purposes only. Without limiting anything else in these Terms or otherwise, Tapd is not responsible for any errors or omissions in our Services or the Services Materials. Tapd, its subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Services Materials, User Content, products, data, services (whether performed by Tapd, any Student or Business, or any third party), links, advertisements, or other items contained within our Services. Tapd reserves the right to immediately remove any Services Materials or User Content for any reason or for no reason. Tapd cannot and does not review all communications or products made available on or through our Services, but, although not obligated to, may review, verify, make changes to or remove any User Content, Services Materials, the products or services made available in connection with our Services, including information submitted in connection with the Services Materials or other features at any time, with or without notice in its sole discretion. Tapd does not take part in, nor is Tapd in any way responsible for, any interactions between Students and Businesses, except to the extent necessary to maintain our Services. Any interaction between you and any other individual or entity through our Services or arising out of your use of our Services, including any interactions between Businesses and Students, is solely between you and that other individual or entity. Tapd expressly disclaims any responsibility for any interactions between Students and Businesses. For avoidance of doubt, Tapd disclaims any responsibility for any employment opportunities, employment services, or any other services or products acquired or made available through our Services, even if Tapd investigates or attempts to verify any information in connection therewith. You agree that you shall evaluate and bear all risks associated with the use of our Services. THE SERVICES MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION, AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH OUR SERVICES ARE MADE AVAILABLE ON AN “AS IS”, “AS AVAILABLE AND “WITH ALL FAULTS” BASIS. USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK. TAPD AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE USER CONTENT, THE SERVICE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH OUR SERVICES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NONINTERFERENCE, QUALITY, TITLE, AND NON­INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY USER CONTENT, THE SERVICES MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH OUR SERVICES, IS WITH YOU.

8. LIMITATION OF LIABILITY.
TAPD AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA­CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE USER CONTENT, THE SERVICES MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH OUR SERVICES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR TAPD HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCHDAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF TAPD AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE USER CONTENT, THE SERVICES MATERIALS ON, IN AND MADE AVAILABLE THROUGH OUR SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SERVICES AND PRODUCTS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF TAPD AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with our Services or with any of these Terms, or feel Tapd has breached these Terms, your sole and exclusive remedy is to discontinue using the Services.

9. Indemnification.
You shall indemnify and hold harmless Tapd and its directors, officers, employees, agents, contractors and licensors (“Tapd Indemnitees”) against all claims, actions, suits, and other proceedings and all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) (each, a “Claim”) arising out of or incurred in connection with any breach by you of these Terms; your use of our Services, the Services Materials, the User Content, or any services, product or data obtained through our Services; or your fraud, violation of law, negligence, or willful misconduct, except to the extent attributable to Tapd. You may not settle any Claim that imposes and liability on Tapd, requires Tapd to pay any amounts, or requires Tapd to take any action, in each case without the prior written consent of Tapd.

10. Copyright Infringement Complaint Procedures.
If you believe that any content or postings on our Services violates your copyright or other rights, please notify Tapd by email at hello@frankfafsa.com or at 4 World Trade Center, New York, New York 10007. Your message must include the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

11. Changes to these Terms.
Tapd reserves the right at any time to modify, alter, or update these Terms. Your use of our Services following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited our Services before the change was made. It is the obligation of users using our Services before the change to learn of changes to the Terms since their last visit. Tapd may suspend or terminate your account and/or your ability to use our Services, for failure to comply with these Terms, for inactivity on our Services, for providing Tapd with untrue or inaccurate information about yourself, for infringement upon Tapd proprietary rights, or for any other reason whatsoever or for no reason.

12. Relationship Between the Parties.
Nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other.

13. Governing Law; Arbitration.
These Terms represent the entire agreement between you and Tapd with respect to the subject matter hereof, and supersede all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules. Any dispute, controversy or claim arising under or in connection with these Terms of Use between you and Tapd that cannot be settled amicably shall be finally settled under the International Institute for Conflict Prevention and Resolution (“CPR”) Rules for Non-Administered Arbitration (the “Arbitration Rules”) by one arbitrator, who must be an attorney with substantial knowledge of the law of the State of New York and substantial experience in arbitrating commercial disputes under the Arbitration Rules. You and Tapd may, by agreement, nominate an arbitrator, but if no sole arbitrator is nominated within thirty (30) days from the date the claimant’s request for arbitration was served on the other party, the sole arbitrator shall be appointed by CPR in accordance with the Arbitration Rules. Unless otherwise agreed, arbitration proceedings will be held in New York, New York. The award rendered by the arbitrator will be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction. The arbitrator will have the authority to award money damages (with interest on unpaid amounts from the date due), specific performance, and temporary injunctive relief, but not the authority to award exemplary or punitive damages, and any claimed right to such damages is expressly waived.

14. Miscellaneous.
Our Services are controlled and operated from within the United States. Without limiting anything else, Tapd makes no representation that our Services, Services Materials, User Content, is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access our Services from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of Tapd to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.” If you have any questions regarding these terms, you may reach us at
support@frankfafsa.com

Last modified: January 1, 2017
Copyright © 2017 Tapd, Inc.; All rights reserved.

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