User Agreement
IMPORTANT NOTICE
PLEASE READ THIS USER AGREEMENT CAREFULLY.
THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE CLUB. BY ACCESSING, BROWSING, REGISTERING FOR, OR OTHERWISE USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, AS WELL AS ANY OTHER POLICIES, GUIDELINES, TERMS, OR DOCUMENTS INCORPORATED HEREIN BY REFERENCE.
THIS AGREEMENT CONTAINS IMPORTANT LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, RELEASES OF CLAIMS, INDEMNIFICATION OBLIGATIONS, ARBITRATION REQUIREMENTS, AND CLASS ACTION WAIVERS THAT AFFECT YOUR LEGAL RIGHTS.
IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE PLATFORM.
1. INTRODUCTION
This User Agreement ("Agreement") governs your access to and use of The Club platform, including all websites, applications, software, communications tools, artificial intelligence tools, databases, content, features, services, marketplaces, APIs, integrations, and related technologies made available by www.theclubnyc.com ("The Club," "we," "us," or "our").
For purposes of this Agreement, "Platform" means the entirety of The Club ecosystem and all related services, whether accessed through a website, mobile device, application, API, integration, email communication, messaging system, or any other means.
The Club operates a technology-enabled marketplace designed to facilitate introductions, discovery, communication, collaboration, and professional opportunities among individuals and organizations. These opportunities may include projects, internships, jobs, fellowships, advisory engagements, consulting engagements, research initiatives, workshops, temporary assignments, permanent employment opportunities, team formation activities, educational opportunities, and other forms of professional collaboration.
The Platform is intended primarily for business, educational, professional, and career-development purposes. The Club reserves the right to determine, in its sole discretion, whether a particular use of the Platform is consistent with its intended purposes.
2. THE ROLE OF THE CLUB
The Club is a technology platform and marketplace provider. The Club is not a party to agreements entered into between users and does not participate in negotiations, employment decisions, compensation decisions, project management, supervision, performance evaluation, disciplinary actions, termination decisions, or the delivery of services by users.
The Platform enables users to discover opportunities and connect with one another. However, The Club does not recruit, employ, supervise, direct, manage, evaluate, endorse, certify, guarantee, or otherwise control any user, opportunity, engagement, project, internship, job, employer, educational institution, or organization.
Nothing on the Platform shall be interpreted as creating an employment relationship, staffing relationship, recruiting relationship, agency relationship, joint venture, partnership, franchise relationship, fiduciary relationship, or other similar legal relationship between The Club and any user.
Users acknowledge and agree that The Club's role is limited to providing access to technology, information, communication tools, matching systems, recommendation engines, AI-powered features, marketplace functionality, and related services.
All decisions regarding hiring, engagement, interviews, compensation, internships, projects, advisory relationships, consulting arrangements, employment, team formation, or business relationships are made solely by the users involved and at their own risk.
3. ACCOUNT REGISTRATION AND ELIGIBILITY
To access certain portions of the Platform, users may be required to create an account. By registering for an account, you represent and warrant that all information submitted to The Club is complete, accurate, current, and not misleading.
You further represent and warrant that you possess the legal capacity to enter into binding agreements and that your use of the Platform complies with all applicable laws, regulations, contractual obligations, academic policies, professional obligations, and organizational requirements applicable to you.
If you register on behalf of a company, university, nonprofit organization, government agency, investment fund, startup, or other legal entity, you represent and warrant that you possess authority to bind such entity to this Agreement.
The Club reserves the right, in its sole discretion, to approve, reject, suspend, restrict, verify, investigate, or terminate any account at any time and for any lawful reason.
The Club may require identity verification, credential verification, educational verification, employment verification, business verification, payment verification, location verification, or other forms of authentication before permitting access to certain features of the Platform.
The failure of The Club to verify any information does not constitute a representation, warranty, certification, endorsement, or guarantee of accuracy.
4. USER REPRESENTATIONS AND WARRANTIES
By using the Platform, you represent and warrant that all information you provide to The Club or to other users is truthful, accurate, complete, and not misleading.
You further represent and warrant that any educational credentials, certifications, professional licenses, work history, internship experience, project experience, academic achievements, awards, publications, affiliations, references, endorsements, skills, qualifications, and other representations made by you are accurate and capable of substantiation.
You agree not to misrepresent your identity, qualifications, educational background, employment history, work authorization status, professional credentials, references, compensation history, project experience, portfolio materials, or any other information that may reasonably influence another user's decision to engage with you.
You acknowledge that The Club and other users may rely upon the information you provide and that material misrepresentations may result in suspension, termination, legal action, or other remedies available under applicable law.
5. USER CONTENT
Users may upload, submit, publish, transmit, store, share, generate, or otherwise make available content through the Platform, including profiles, resumes, biographies, portfolios, project descriptions, job descriptions, internship postings, communications, messages, images, videos, files, documents, reviews, ratings, endorsements, comments, feedback, work product, and AI-generated content (collectively, "User Content").
You retain ownership of User Content that you lawfully own. However, by submitting User Content to the Platform, you grant The Club a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable, non-exclusive license to host, store, reproduce, display, distribute, modify, format, analyze, index, aggregate, process, transmit, and otherwise use such User Content as reasonably necessary to operate, improve, maintain, secure, market, and provide the Platform and related services.
This license includes the right to use User Content for platform operations, recommendations, search functionality, analytics, fraud prevention, moderation, customer support, product development, benchmarking, internal business purposes, and marketing activities related to the Platform.
Notwithstanding the foregoing, The Club shall not intentionally disclose confidential information submitted by users except as permitted by this Agreement, the Privacy Policy, applicable law, legal process, or the user's express authorization.
You are solely responsible for all User Content submitted through your account and represent and warrant that you possess all rights necessary to grant the licenses described in this Agreement.
6. INTELLECTUAL PROPERTY RIGHTS
The Platform, including its software, technology, databases, algorithms, workflows, artificial intelligence systems, interfaces, designs, branding, trademarks, trade dress, logos, content, graphics, text, documentation, methodologies, and underlying intellectual property, is owned by The Club, its licensors, or its affiliates and is protected by intellectual property laws throughout the world.
Except as expressly authorized in writing by The Club, users may not reproduce, distribute, modify, create derivative works from, reverse engineer, scrape, extract, harvest, benchmark, frame, mirror, license, sublicense, sell, lease, assign, transfer, publish, or otherwise exploit any portion of the Platform.
Users further agree not to use the Platform to develop, train, benchmark, evaluate, improve, or support a competing product, service, marketplace, artificial intelligence model, database, matching engine, or business without The Club's prior written consent.
The Club reserves all rights not expressly granted under this Agreement.