Wichita State University
Shocker Career Accelerator,
Career Accelerator Collective
Terms and Conditions
- Applicability
This document contains the terms and conditions (“Terms”) for career accelerator services (“Services”) provided by Wichita State University’s Shocker Career Accelerator (“WSU”). The Services available to Company are described on the WSU website at (insert link to webpage) (the “Website”). These Terms are also available on the WSU Website. WSU may change these Terms at any time in its sole discretion. Such changes shall be effective when posted on the Website. Company is responsible for periodically visiting the Website to review changes to the Terms, if any. These Terms supersede all previous terms, and may NOT be altered, supplemented, or amended by the use of any additional document(s). \ - Student Personnel
Company’s use of the Services is done at its own discretion and risk. Use of the University’s Shocker Career Accelerator or the Services to recruit or hire WSU students does not create an employment relationship between WSU and such student. Nor does it create any guarantee or warranty by WSU, including any guarantee that students will apply for positions with Company, that Company will identify students for hire, or that, if offered, students will accept a position with Company. - Payment
The payment for Services is a one-time annual fee due to WSU in advance of Services. Payment should be made using WSU’s Website. If Company selects the auto-renewal option on the Website, the Services will renew on an annual basis and agrees to be bound by the Terms during the renewal period.
If Company selects the option to pay with check, such payment must be received before any Services are provided.
If Company requires WSU to travel in furtherance of the Services or expend any fees (including but not limited to fees for registrations costs, catering events, attending events, printing brochures, etc.), Company shall pay WSU for all necessary and actual expenses in advance of WSU incurring such cost. - Use of Marks, Logos, and Marketing
Company and WSU shall have the right to use the most recent version of each other’s logos for the sole purpose of creating promotional materials associated with the Services. Each party must abide by any relevant branding guidelines. View WSU’s Brand Guidelines and Visual Standards. Each party shall have the right to request the other party cease use of any logos by providing a written notice. - Assignment
Neither this Agreement nor any rights or obligations of any party hereunder shall be assigned or otherwise transferred by any party without the prior written consent of all other parties. - Governing Law
This Agreement is governed by the laws of the State of Kansas. Any legal action involving the subject matter of this Agreement shall be adjudicated in Sedgwick County, Kansas and is subject to, governed by, and construed according to the laws of the State of Kansas, excluding any conflict of law rules. - Relationship of the Parties; Independent Contractor
WSU and Company are not (and nothing in this Agreement shall be construed to constitute them as) partners, agents, representatives or employees of the other, nor is there any status or relationship between them other than that of independent contractors. Neither party has any responsibility nor liability for the actions of the other party except as specifically provided in this Agreement. Neither party has any right or authority to bind or obligate the other party in any manner or make any representation of warranty on behalf of the other party. \ - Notices
Any notice or other official communication given under this Agreement to WSU shall be in writing and shall be deemed delivered when received by certified first class mail, registered mail, overnight courier, or by electronic mail, addressed to:
Wichita State University, Office of General Counsel
1845 Fairmount Street
Wichita, Kansas 67260-0205
General.Counsel@wichita.edu - Notice of Ownership
Neither party intends or expects that any intellectual property, including, without limitation, inventions, patents, industrial designs, masks work, works of authorship or copyrights (“Intellectual Property”) will be created under this Agreement. If, during the course of this Agreement, either party believes that Intellectual Property may and/or will be created as a result of the work performed hereunder, that party must notify the other party. The parties agree to discuss and mutually agree as to the ownership interests of such Intellectual Property or rights to such Intellectual Property and to document their agreement in writing, signed by each party. In the event that the parties do not agree as to the ownership interests of Intellectual Property created during the course of this Agreement, rights to such Intellectual Property shall be, and hereby are, retained by WSU. - Indemnity
Company agrees to indemnify, defend, and hold WSU, its officers, agents and employees, harmless from any liability resulting from the use by Company of the Services under this Agreement. Should Company or its employees, representatives, or agents participate in an on-site visit to WSU, Company agrees to be responsible for the safety of such employees, representatives, or agents and Company warrants that it maintains a policy or program of insurance or self-insurance at levels sufficient to support the indemnification obligations assumed herein. Company further understands that WSU and its officers and employees acting within the scope of their employment are subject to the Kansas Tort Claims Act, K.S.A. 75-6101 et seq. WSU relies on the provisions of the Kansas Tort Claims Act and no further insurance is maintained by WSU. - Confidential and Sensitive Information
Company agrees to provide notice to WSU before giving WSU access to any confidential, sensitive, or classified information or data (“Sensitive Data”), which shall include personally identifiable information, controlled unclassified information, classified information, protected health information, or any other information governed and/or regulated by state and/or federal law. WSU retains the right to refuse to accept any Confidential Information or Sensitive Data that is not considered to be essential to the completion of the Services or that WSU determines it cannot handle in accordance with this paragraph or applicable requirements. - Waiver/Severability
Waiver of Rights: Any waiver shall be in writing and provided to all other parties. Failure to insist upon strict performance of any of these Terms, or failure or delay to exercise any rights provided herein or by law, shall not be deemed a waiver of any rights of any party hereto. Severability: The illegality or invalidity of any provision of this Agreement shall not impair, affect or invalidate the other provisions of this Agreement. - Disclaimer of Warranties
WSU makes no warranties, express or implied, as to any matter whatsoever, including without limitation, the condition, originality or accuracy of the Services and expressly disclaims warranties of merchantability or fitness for a particular purpose. - Limitation of Liability
In no event shall WSU’s liability to Company related to the Service exceed the amount equal to the monetary consideration paid to WSU by Company under these Terms, or the maximum amount allowed by law, whichever is less.