AWS Educate - Recruiter Terms and Conditions

        1.1 This Agreement.  This set of terms and conditions (this “Agreement”) is an agreement between you (or the Entity you work for) (“you”) and Amazon Web Services, Inc. or other entity noted in Section 9 (in either case, “AWS,” “we,” or “us”). This Agreement governs your participation in the AWS Educate Program (the “Program”) described at https://aws.amazon.com/education/awseducate/ and its subpages (the “Program Site”), including (a) your use and submission of data, text, audio, video, images, software (including machine images), or other materials (collectively, “Content”) in connection with the Program; and (b) your use of any tools, websites, and services AWS may provide to you in connection with the Program (collectively, the “Educate Tools”). If you are entering into this Agreement for a commercial entity, government institution, or any other entity (“Entity”), such as the company or educational institution you work for, you represent that you have legal authority to bind that Entity, and references to “you” in this Agreement will be deemed as referring to that Entity. If you have an AWS Customer Agreement (available at http://aws.amazon.com/agreement/) or other agreement between you and AWS governing your use of AWS services (“AWS Services Agreement”), that agreement will govern your use of the web services described in the Service Terms of the agreement and any other Service Offerings covered by (and as defined) therein.

        2.1  Your License to Use the Educate Tools.  AWS may give you access to Educate Tools, such as the AWS Educate Job Board (the “Job Board”), or other Program-related tools via a Program account in your name (“Program Account”). (Note that your Program Account is not the same thing as your AWS account through which you use and access AWS web services; consult your AWS Services Agreement regarding your use of AWS web services.) AWS owns all right, title, and interest to the Educate Tools, except as otherwise specified in this Agreement. When AWS gives you access to Educate Tools, AWS is granting you a limited, royalty-free, revocable, non-exclusive, non-sublicensable, non-transferrable license to access, use, and submit/upload Your Content (as defined below) to those Educate Tools. You agree that you will NOT: (a) make use of the Educate Tools for commercial purposes, or for other than their intended purposes; (b) transfer your access credentials to any third party or other Entity; (c) access, use, reproduce, duplicate, copy, sell, sublicense, resell, visit, or otherwise exploit the Educate Tools or any Content for any unlawful purpose; (d) modify or download any portion of the Educate Tools (other than page caching or downloading Your Content); (e) use data mining, robots, or similar data gathering and extraction tools; (f) frame, utilize framing techniques to enclose, or use any meta tags or any other “hidden text” utilizing, any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AWS; (g) issue any press release regarding your participation in the Program or use of the Educate Tools without AWS’s prior written permission; or (h) misrepresent or embellish the relationship between you and AWS. You warrant to AWS that your use of the Educate Tools and your participation in the Program will not cause injury to AWS or to any third party.

        2.2  Providing Your Content to AWS; Your License to Grant to AWS.  You may, but are not required to, submit Content to AWS via the Educate Tools or by other means (for example, via the Program application or via email). ANY CONTENT YOU DO SUBMIT TO US (“YOUR CONTENT”) IS YOUR EXCLUSIVE RESPONSIBILITY. You represent and warrant that (a) you own or control all relevant rights to Your Content that you submit to AWS; (b) Your Content is accurate, truthful, and up-to-date; and (c) any use of Your Content will not violate this Agreement, infringe a third party’s proprietary rights, or cause injury to AWS or to any third party. You grant AWS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, access, reproduce, modify, adapt, publish, translate, create derivative works from, and display Your Content throughout the world in any media and in any language, for the purposes of providing the Program to you and to third parties, for Program research and development, or improving, enhancing, or developing the Program and/or Educate Tools, subject to the Privacy Notice (as defined below). For clarity, other than as stated in this Agreement, you retain all preexisting rights of ownership or use regarding Your Content. To the maximum extent permitted by applicable law, you will defend, indemnify, and hold harmless AWS, its affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third-party claim concerning Your Content supplied by you to AWS.       

        2.3  Prohibited Content.  You may not submit Content containing official personal identification numbers or codes (such as social security number, driver’s license number, passport or national identification numbers, policy numbers, bank account numbers, etc.), or highly sensitive personal information not related to the Program (such as race, ethnicity, religion, religious/philosophical beliefs, political or union affiliation or opinions, medical or health information, sexual orientation, disability, etc.). You may not submit Content that is illegal, obscene, sexually explicit, threatening, libelous, defamatory, invasive of privacy, infringing of our or any third party’s intellectual property or contractual rights, disparaging to AWS or any of its affiliates (including Amazon.com) or any services provided by AWS or its affiliates, or otherwise injurious or objectionable to third parties, including software viruses, non-disclosable confidential or proprietary information, political campaigning, commercial solicitation, issue advocacy, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or Entity, or otherwise mislead AWS or any third party as to the origin of any Content. 

        2.4  Disclaimer Regarding Content.  The Educate Tools are not storage services, and AWS takes no responsibility and assumes no liability for Your Content. AWS has no obligation to you to store, publish, maintain, or reproduce Your Content (including any archived copies). AWS does not—and has no obligation to—actively monitor Your Content (or the Content of other Program participants); however, AWS has the right to monitor, edit, or remove any of Your Content for any reason, with or without notice. BECAUSE WE HAVE NO OBLIGATION TO MONITOR YOUR CONTENT, IT IS YOUR RESPONSIBILITY TO ENSURE YOUR CONTENT IS ACCURATE AND UP-TO-DATE, IN COMPLIANCE WITH THE AGREEMENT, AND YOU SHOULD EXERCISE GREAT CAUTION IN PROVIDING CONTENT TO AWS.

        3.1  AWS and Your Personal Information.  AWS handles your information in accordance with the AWS Privacy Notice (located at https://aws.amazon.com/privacy/) (the “Privacy Notice”).

        4.1  Accessing the Job Board.  AWS may give you access to the Job Board to post or review job descriptions and other Content (“Job Listings”). If you review Job Listings, you are a “Job Hunter.” If you post Job Listings, you are a “Hiring Company.” The Job Board is an Educate Tool that provides resources for Job Hunters to gather information about jobs available at Hiring Companies. Job Listings are “Content” under this Agreement, and all use of the Job Board must comply with this Agreement. The Job Board may only be used to seek or post opportunities for employment relating to cloud technology.

        4.2  AWS and the Job Board.  The Job Board might sort, filter, or otherwise highlight Job Listings or Job Hunters based on the Job Hunter’s profile and the relevant Job Listing and may share information about messages exchanged on the Job Board in connection with the feature. However, except for Job Listings of roles directly employed by AWS, AWS is not an employer, employment or contracting agency, broker, joint venture affiliate, or representative or agent of any Hiring Company or Job Hunter. Despite any automated filtering or sorting of Job Hunters and Job Listings, AWS makes no recommendations regarding specific Job Hunters or Job Listings. Except for Job Listings of roles directly employed by AWS, AWS assumes no responsibility for (a) the contents, accuracy, or completeness of any Job Listing; (b) the availability or unavailability of any jobs referenced in Job Listings; (c) any communications between Hiring Companies and Job Hunters that may result from Job Listings; (d) any employment or contracting relationship between Hiring Companies and Job Hunters that may result from Job Listings; or (e) any decisions a Hiring Company may make in regard to hiring or not hiring any Job Hunter. If you are a Hiring Company, we may list your name, website, and other general contact information on the Job Board and in other Program resources; further, you grant AWS and our affiliates a non-exclusive, worldwide, royalty-free license to use any trademark, service mark, trade name, other proprietary logo or insignia, URL, domain name, or other source or business identifier(s) (“Hiring Company Marks”) that you provide to AWS.

        4.3  Hiring Companies and Job Listings.  Job Listings you post may only contain bona fide descriptions of currently available jobs within your business, and may not contain advertising, confidential or proprietary information, or Content that directly or indirectly discriminates against Job Hunters or violates applicable law. Job Listings may not suggest or imply any affiliation with AWS. Any hyperlinks included in the Job Listing may only link to the Hiring Company’s home page or company web page(s) specifically associated with employee recruitment. AWS may impose additional requirements or limits on Job Listings from time to time, refuse to permit Job Listings absent specific modifications, or modify or remove any Job Listing in its sole discretion, for any reason, with or without notice. Hiring Companies must identify a company central point of contact to AWS and provide AWS with that individual’s contact information. If a Hiring Company utilizes the Program Site to contact individuals who have made their Student Profile public, the Hiring Company agrees to only contact such individuals for purposes of providing information regarding employment opportunities that the individual has agreed to receive. Use of the Program Site to contact individuals for marketing or advertising purposes or to send "spam" messages is prohibited. Hiring Companies agree to report information about their use of the Job Board as requested by AWS from time to time (for example, aggregated or non-personally identifiable information about Job Hunters, placement statistics, and any other information reasonably required by AWS).

        5.1  Ownership, Copyrights, and Patents.  Except for Your Content, all Content on the Program Site and in the Educate Tools (including software) is the property of AWS or its Content/software suppliers and is protected by U.S. and international copyright laws. The compilation of all Content on the Program Site and in the Educate Tools is the exclusive property of AWS and protected by U.S. and international copyright laws. AWS respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement (located at http://aws.amazon.com/terms/#notice-and-procedure-for-making-claims-of-copyright-infringement). One or more patents owned by Amazon.com, Inc. or its affiliates or suppliers may apply to the Program Site or the Educate Tools and their Content. Portions of the Educate Tools may operate under license of one or more patents.

AWS may modify, discontinue, or delete—or limit or revoke your access to—all or any part of the Program, the Program Benefits, or the Educate Tools for any reason at any time, with or without notice. AWS also may modify or terminate this Agreement with you at any time upon notice to you as specified in Section 8.5, and any modified provisions will be effective upon emailing or posting to the Program Site. By continuing to participate in the Program, use the Educate Tools or the Program Site, or take advantage of Program Benefits after the effective day of any such modifications to this Agreement, you agree to be bound by the modified provisions. It is your responsibility to check the Program Site regularly for modifications to this Agreement. Upon termination of this Agreement, all your rights and licenses granted under this Agreement will immediately terminate, you will cease use of all Program Benefits and Educate Tools, and you will no longer identify yourself or hold yourself out as a Program participant. Sections 2.2—2.4, 4.2—4.3, 5.1, 6, 7, 8, and 9 will survive termination of this Agreement.

        7.1  WARRANTY DISCLAIMERS.  THE PROGRAM, THE EDUCATE TOOLS, AND ANY PROGRAM BENEFITS OR OTHER CONTENT THAT MAY BE AVAILABLE THROUGH THE PROGRAM SITE OR EDUCATE TOOLS ARE PROVIDED “AS-IS.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE FOREGOING (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). AMONG OTHER THINGS, THE EDUCATE TOOLS PROVIDE RESOURCES FOR DEVELOPING EXPERIENCE AND CURRICULUM REGARDING CLOUD COMPUTING AND FINDING EMPLOYMENT IN THE INFORMATION TECHNOLOGY INDUSTRY. AWS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE EFFECTIVENESS OF THE EDUCATE TOOLS TO YOUR EDUCATION, PROFESSIONAL DEVELOPMENT, EMPLOYMENT, OR EMPLOYABILITY. 

        7.2  LIMITATION OF OUR LIABILITY.  NEITHER WE NOR ANY OF OUR AFFILIATES WILL BE LIABLE TO YOU UNDER THIS AGREEMENT OR IN RELATION TO THE PROGRAM, THE EDUCATE TOOLS, OR CONTENT AVAILABLE IN CONNECTION WITH THE PROGRAM FOR ANY (A) LOSS OF DATA, PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL, (B) INVESTMENTS, EXPENDITURES OR COMMITMENTS BY YOU RELATED TO THE AWS EDUCATE PROGRAM, OR (C) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR DAMAGES. THE AGGREGATE LIABILITY OF AWS AND ANY AWS AFFILIATES ARISING IN CONNECTION WITH THE PROGRAM, THE EDUCATE TOOLS, OR CONTENT AVAILABLE IN CONNECTION WITH THE PROGRAM WILL NOT EXCEED $100.

        8.1  Governing Law; Venue.  The laws of the state of Washington, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and AWS regarding the Program or this Agreement. In addition, if you are an Entity (i.e., an Educational Organization, Hiring Company, or any other Entity other than a natural person), you agree that any dispute relating in any way to the Program or this Agreement will only be adjudicated in a state or federal court located in King County, Washington, and you consent to exclusive jurisdiction and venue in these courts. This Section 8.1 applies to the maximum extent permitted by applicable law, and shall not apply to Educational Organizations that are agencies of federal or state governments located in the United States. You or AWS may bring suit in court to enjoin infringement or other misuse of intellectual property rights in any state, federal, or national court of competent jurisdiction. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

        8.2  Binding Arbitration.  This Section 8.2 shall only apply if you are an individual (i.e., a natural person) participating in the Program on your own behalf. To the maximum extent permitted under applicable law, any dispute or claim relating in any way to the Program, the Educate Tools, or any Content in connection with the Program will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The US Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. We will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or at a mutually agreed location. We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we and you waive any right to a jury trial.

        8.3  No Waivers; Severability.  The failure by AWS to enforce any provision of this Agreement will not constitute a present or future waiver of such provision, nor limit AWS’s right to enforce such provision at a later time. All waivers by AWS must be in writing to be effective. If one or more provisions of this Agreement are deemed invalid, void, or for any reason unenforceable, those provision(s) shall be deemed severable and shall not affect the validity and enforceability of any remaining provision(s).

        8.4  Relationship to Third Parties.  Neither you nor AWS are an agent of the other for any purpose or have the authority to bind the other. This Agreement does not create any third-party beneficiary rights in any individual or Entity that is not a party to this Agreement. You will not assign this Agreement, or delegate, sublicense, or otherwise transfer any of your rights under this Agreement, without AWS’s prior written consent.

        8.5  How to Contact Us; Notices and Communications.  You can contact us with any questions, complaints, or requests relating to the Program (or any Content in connection with the Program) by following the instructions on our “Contact Us” page at https://aws.amazon.com/education/awseducate/contact-us/ or by generating a support case specific to “Educate” using your AWS account (if you have one). If you are a resident of the European Economic Area, you may exercise your rights of access, rectification, erasure, restriction, objection, and data portability by contacting us as specified in the Privacy Notice. We will try to respond to your question or request as soon as reasonably practicable. We will communicate with you by e-mail or by posting notices on the Program Site, via the Educate Tools, or via our support team. Any notice by AWS to you under this Agreement may be made by (and is effective upon) posting to the Program Site or the Educate Tools, or upon email to you at the email address linked to your Program Account. You agree that any such notice satisfies any legal requirement that notice be in writing. Any notice by you to AWS under this Agreement must be made by registered or certified mail to Amazon Web Services, Inc., 410 Terry Avenue North, Seattle, WA 98109-5210 Attn: General Counsel (or if you are located in a country covered by Section 9, at the address specified in that section). Notice by you to AWS is effective upon AWS’s receipt of the same. All communications and notices made or given pursuant to this Agreement must be in the English language. If we provide a translation of the English language version of this Agreement, the English language version of this Agreement will control if there is any conflict.

Notwithstanding anything to the contrary in these Terms:

        9.1  India Customers.  If you are located in India, your contracting party will be Amazon Internet Services Private Limited (“AISPL”), and this Agreement is an agreement between you and AISPL, located at Unit Nos. 1401 to 1421, International Trade Tower, Nehru Place, New Delhi 110019, India. If you are located in India, all references to “AWS,” “we,” or “us” in this Agreement shall be deemed as referring to AISPL.

The information you provide will be handled by AWS as described in the AWS Privacy Notice.