Terms of Use

Effective Date: March 17th, 2014

Last Updated Date: August 24th, 2016

I.               Introduction and Eligibility

Please read these Terms of Use (“Terms”) carefully before using the Site.

These Terms include Data Science Evangelists’ Privacy Policy, which is incorporated by reference into these Terms.  We have included several annotations in boxes to help explain or emphasize key sections.  These annotations are for convenience only and have no legal or contractual effect.

 

This agreement is a legally binding contract.  It may change as our business changes, and you agree you will review it and any updates regularly.  Your continued use of the Site means you accept any changes.

Binding Agreement.  These Terms constitute a binding agreement between you and Data Science Evangelists, Inc. and its affiliates and subsidiaries (“Company,” “we,” “us”).  You” and “users” shall mean all visitors to the Site.  You accept these Terms each time you access the Site.  If you do not accept these Terms, you must not use the Site.  If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Site.

Revisions to Terms.  We may revise these Terms at any time by Posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them.  Your continued use of the Site after a change to these Terms constitutes your binding acceptance of these Terms.

The terms “Post” and “Posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Site.

This agreement supercedes the previous terms of use.

II.             The Site

            The “Site” means any website, mobile application, or Internet service under Company’s control, whether partial or otherwise, in connection with providing the services provided by Company.  The Site provides information on, and facilitates the application process for, the Company’s fellowship training PhDs as data scientists and quantitative analysts.  PhDs selected as fellows are “Fellows.”  The application to be a Fellow is an “Application.”

III.           Eligibility to Use the Site

Children.  No part of the Site is directed to persons under the age of 13.  IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS The SITE AT ANY TIME OR IN ANY MANNER.

Agent of a Company, Entity, or Organization.  If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you:

1.     are an authorized representative of that Organization;

2.     have the authority to bind that Organization to these Terms; and

3.     agree to be bound by these Terms on behalf of that Organization.

IV.           Your Application

 

You are responsible for your credentials and for keeping your information accurate.

 

You are responsible for any activity resulting from the use of your name or email address during the application process on the Site.

You represent and warrant that the information you provide to the Company upon the licensing of the Site and at all other times will be true, accurate, current, and complete.

Applying to be a Fellow.  To apply to be Fellow, you may be asked to provide your name, email address, education history, and location.  We may also ask you to describe any special or unique skills you have (such as computer programming) and/or share a link to a video of yourself using YouTube or a similar service.

V.             Communications

 

Company may communicate with you by email or Posting notice on the Site.  You may request that we provide notice of security breaches in writing. The company reserves the right to monitor and use any communication over the site.

            You agree to receive email from us at the email address you provided to us for customer service and marketing related purposes.

Electronic Notices.  By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site.  If we learn of a security system’s breach, we may attempt to notify you electronically by Posting a notice on the Site or sending an email to you.  You may have a legal right to receive this notice in writing.  To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), notify us through the website

Electronic Communications.   Internet communications via Data Science Evangelists, Inc. servers are not secure, and Data Science Evangelists, Inc. do not accept legal responsibility for the contents of messages sent over their servers. Data Science Evangelists, Inc. reserves the right to monitor messages Posted to the website and the transmission of messages sent via email to email accounts in our domain (thedataincubator.com) and all subdomains given by Data Science Evangelists (collectively “Domain Accounts”). Any Domain Account given to an individual must be exclusively used for communications regarding obtaining employment opportunities in connection with our services. Users must refrain from using their Domain Account for personal and alternative purposes. Data Science Evangelists, Inc may also take corrective action against any misuse or abuse of its e-mail system or other components of its network or website at its discretion. To withdraw your consent, simply cease using the service.

VI.           Referral Program

            The Site rewards users who encourage their friends to submit an Application to be a Fellow.  To enroll in our referral program (the “Referral Program”), you must submit your email address to Company using the form on our home page.  Once you have submitted your email address, you are a “Referring User.”  We will send each Referring User a unique URL (the “Referral Link”). 

            For the avoidance of doubt, the Referral Fee is only payable to Referring Users once the associated Fellow has been hired by a participating company and the tuition fee paid by hiring company (such fellow, a “Successful Fellow”).  If a user applies through a Referring User’s Referral Link (such user, a “Referred User”) and subsequently becomes a Successful Fellow, we will pay the Referring User according to the referral fee schedule set forth on the Site (such fee, the “Referral Fee”).  We will also pay Referring Users a Referral Fee if a visitor to the Site uses the Referring User’s Referral Link to obtain his or her own Referral Link to circulate, and the referrals eventually lead to a Successful Fellow according to the referral fee schedule .

            You understand that each Successful Fellow and Referring User can only be referred by at most a single other Referring User’s Referral Link, only referrals through the Referral Link mechanism outlined above qualify for the Referral Fee, and that we are unable to keep track of referrals outside of Referral Links.  Any resulting ambiguities will be resolved solely at the discretion of Company.  Company reserves the right to cancel the Referral Program or to change these terms and conditions at any time at its sole discretion.

            Upon being notified that you will receive a Referral Fee, you will have up to one month to accept payment or the referral fee may be canceled.  You must accept the fee through any reasonable electronic form of payment we offer or the referral fee may be canceled.

VII.         Company’s Content Ownership and Use

 

Company owns or has rights to all of the content we make available through the Site, but you may use it as you use the Site.  You cannot use our logo without our written permission.

The contents of the Site include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Company content, whether at this domain or at another subdomain or main, (collectively, “Company Content”). For the purposes of clarity and without limitation, any document labeled with the company's copyright notice is Company Content.   All Company Content and the compilation (meaning the collection, arrangement, and assembly) of all Company Content are the property of Company or its licensors and are protected under copyright, trademark, and other laws.

License to You.  We authorize you, subject to these Terms, to access and use the Site and the Company Content solely for the personal use of the Site, at our discretion.  Any other use, including without limitation the distribution to a general audience or the transmission of the Company Content to a third party is expressly prohibited.  This license is revocable at any time without notice and with or without cause.  Unauthorized use of the Company Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited.  You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Company Content on any copy you make of the Company Content.

Company Marks.  Company, the Company logo, and other Company logos and product and service names are or may be trademarks of Company (the “Company Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Company Marks.

VIII.       Intellectual Property Rights and Your License to Use

 

You, or the people who allow you to use their content, own all of the content you Post using the Site.  However, we may use it for any purpose, including in our marketing materials.  We may also modify your content to make it work better. 

 

It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.

Company Claims No Ownership.  The Site may provide you with the ability to create, Post, or share content in connection with your Application (“Your User Content”).  Company claims no ownership or control over Your User Content.  You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you Post on or through the Site.  You are responsible for protecting those rights.

Company’s Use of Posted Content on the Site.  By creating, Posting, or sharing Your User Content on or through the Site, and subject to Company’s Privacy Policy, you grant Company a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to use, modify, remove, publish, transmit, or display Your User Content for the purposes of evaluating your Application.  You waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you.  This license will continue even after you stop using the Site.  Company reserves the right to refuse to accept, Post, display, or transmit any User Content in its sole discretion.  We will not display any part of your Application publicly without your permission.

You Acquire No Ownership of Others’ Content.  You understand and agree that you will not obtain, as a result of your use of the Site, any right, title, or interest in or to such content delivered via the Site or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.

You Must Have Rights to the Content You Post.  You represent and warrant that: (i) you own the content Posted by you on or through the Site or otherwise have the right to grant the license set forth in these Terms, (ii) the Posting and use of Your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the Posting of Your User Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you Post on or through the Site.  You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.

The Site contains content from users and other Company licensors.  Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Site.

IX.           Suggestions and Submissions

 

We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.

We appreciate hearing from our users and welcome your comments regarding the Site.  Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we shall:

1.     own, exclusively, all now known or later discovered rights to the Creative Ideas;

2.     not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and 

3.     be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

X.             User Content Disclaimers, Limitations, and Prohibitions

 

You are responsible for your actions when using and relying on the Site or content available on the Site.

You accept that any reliance on material Posted by third-party service providers will be at your own risk.  By using the Site you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.

You are solely responsible for Your User Content on the Site.  You assume all risks associated with Your User Content, including anyone’s (including the Company’s) reliance on its quality, accuracy, or reliability.  You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation. 

 

Do not do bad things with the Site, try to break it, or steal our hard work.

You agree to use the Site only for its intended purpose.  You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws.  The following uses of the Site are prohibited.  You may not:

4.     attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;

5.     frame or link to the Site without permission;

6.     use data mining, robots, or other data gathering devices on or through the Site;

7.     Post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;

8.     disclose personal information about another person or harass, abuse, or Post objectionable material;

9.     sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;

10.  Post advertising or marketing links or content, except as specifically allowed by these Terms;

11.  use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to Company or others; or

12.  access the Site from a jurisdiction where it is illegal or unauthorized.

XI.           Consequences of Violating These Terms

 

If you do not act acceptably, we may prohibit your use of the Site.

We reserve the right to suspend or terminate your account and prevent access to the Site for any reason, at our discretion.  We reserve the right to refuse to provide the Site to you in the future.

Company may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Site.

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Site.

XII.         Company’s Liability

 

We are not liable for the actions of users when they use the Site.  We may also change the Site at any time and are not liable for how this may affect you.  We do not guarantee the quality or accuracy of any content you view using the Site or other websites.

Changes to the Site.  We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.

User Disputes.  We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site.  You assume all risk associated with dealing with third parties.  You agree to resolve disputes directly with the other party.  You release Company of all claims, demands, and damages in disputes among users of the Site.  You also agree not to involve us in such disputes.  Use caution and common sense when using the Site.     

Content Accuracy.  We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site.  Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Site.  Use the Site at your own risk. 

Third-Party Websites.  The Site may include links to third party websites and applications.  You are responsible for evaluating whether you want to access or use them.  We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications.  You assume all risk and we disclaim all liability arising from your use of them.

We make no promises and disclaim all liability of specific results from the use of the Site.

Released Parties Defined.  Released Parties” include Company and its affiliates, officers, employees, agents, partners, and licensors.

A.            DISCLAIMER OF WARRANTIES

 

You use the Site at your own risk.  We make no warranties or guarantees.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

B.             LIMITATION OF LIABILITY AND INDEMNIFICATION

 

We are not liable for anything that happens to you that somehow may be connected to your use of the Site.  If you use the Site in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Company Content, or (iii) your breach of these Terms.  We shall provide notice to you promptly of any such claim, suit, or proceeding.

XIII.         Third-Party Providers

 

By using the site, you also agree to the terms of third party providers we rely on. We are not liable for their actions.

  By using Site you also agree to the terms of any third-party providers whose services the Company relies on to deliver content, facilitate payment, or to take any other action on the Site. Company takes no responsibility and assumes no liability for any actions or omissions of such third parties. As of the last update, these third-party providers include without limitation:

XIV.       General Terms

These Terms constitute the entire agreement between you and Company concerning your use of the Site.  Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.

XV.       Arbitration, Class Waiver, and Waiver of Jury Trial

 

We are located in New York, so all disputes must be resolved there.  We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Site.

These Terms and the relationship between you and Company shall be governed by the laws of the State of New York without regard to its conflict of law provisions.  You and Company agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association.  Any such arbitration, to the extent necessary, shall be conducted in New York County in the State of New York.  You covenant not to sue Company in any other forum.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Site or these Terms:

                YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;

                YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND

                YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

Contact Information.  If you have any questions, please contact us through the website .