Subscription Agreement

Into The Interview Subscription Agreement (For Institutions)

General

Welcome to the patent-pending KF-STRIDE into the Interview program (the “Program”) created by the Kessler Foundation Inc. (the “Foundation”) for use by institutions (“Institutions”).

The Program employs a subscription-based, internet-accessible, interactive training lessons with live Institution personnel coaches (trained by the Foundation), designed to help young adults improve their ability to obtain and maintain a job. The Program takes a strengths-based approach, helping users identify their strengths and learn to strategically express them to future employers and coworkers. The Program builds upon established principles of positive psychology, and thus focuses on what youth are doing right (as opposed to fixing what they may be doing wrong). While the Program was designed with the neurodiverse interviewee in mind, it can likewise be useful for anyone who wants to improve their job interview and employment skills.

In order to use the Program, an authorized representative of the Institution must: (a) complete and submit to the Foundation, the applicable Order Form for the Program along with the requisite payment; (b) receive written acceptance by the Foundation of the Order Form and payment, and (c) review and agree on behalf of the Institution to this Subscription Agreement including the following Terms of Use.

Terms of Use

These Terms of Use (“Terms”) are a contract between the Institution and the Foundation including its successors, subsidiaries, and affiliates (collectively the “Foundation,” “We,” “Us,” or “Our”), with regard to the access and use of the Program and its lessons, content, and/or other services made available to the Institution and it’s users (individually, a “User” and collectively, the “Users”), through the Program. (The Institution and its Users are also individually and collectively referred to herein as “You” or “Your”). Any references to the Foundation shall include, where appropriate, its employees, officers, directors, consultants, assignees, affiliates, contractors, and any and all other individuals and organizations providing services on behalf of the Foundation in connection with this Program.

Please read these Terms fully and carefully before accessing and using Our Program.

1. Use.

a) Acceptance of these Terms. The Institution shall be bound by the Terms upon its authorized representative accepting the Terms by clicking the appropriate checkbox to accept, signing or otherwise agreeing to this Subscription Agreement.

This acceptance and agreement is made by the Institution just as if it had been made in writing. The Institution hereby represents, warrants, and guarantees to the Foundation that (i) only Institution personnel trained and authorized by the Foundation shall administer the Program to the Institution’s Users; (ii) each of its Users are properly affiliated with the Institution and are at least fourteen (14) years old; (iii) it has abided by all applicable laws on obtaining consent from the User’s parents or guardian, if necessary, to access and use the Program; (iv) the User shall abide by all of their obligations set forth directly or indirectly in this Subscription Agreement and all prospective amendments to these Terms, including Our Privacy Policy; and (v) the User will not at any time disaffirm the Subscription Agreement by reason of User’s minority or otherwise. If the Institution, the User, the User’s parents or guardians (if the User is not of sufficient age), do not agree to these terms, the User is not permitted to and should not use the Program or any of Our features, products, or services within the Program. The PROGRAM IS NOT INTENDED FOR, NOR SHOULD BE USED BY, ANYONE UNDER FOURTEEN (14) YEARS OLD.

b) Amendment of these Terms. We may amend or modify these Terms from time to time in Our sole discretion. All amendments (changes) to these Terms will be effective immediately upon posting. Your continued access to the Program constitutes an agreement to be bound to the Terms then as amended and effective. You also agree to accept any amendments or new terms through Us posting such amendments or new terms in the Program. Please review the Terms periodically so you are aware of any amendments.

c) Additional Terms. Although You are always bound by the Terms, in using additional features, products, or services You may be bound by and subject to additional terms, including but not limited to Frequently Asked Questions (“FAQs”), guidelines, and rules applicable to certain features, products, or services. These additional terms may be posted and modified periodically. Any and all additional terms will not change or replace these Terms regarding use of the Program, unless expressly stated. Any and all additional terms are incorporated within these Terms by reference.

d) Capacity. The Program is designed for use by affiliated Users of Institutions, e.g., schools and NOT individuals, which are subject to a different KF-STRIDE agreement. We will assume (and by using the Program the Institution represents, warrants and guarantees) that its Users are of the age and have legal the capacity to use the Program as set out in these Terms, including but not limited to, that each User is of sufficient age and mental capacity, and are otherwise sufficiently affiliated with the Institution to access and use the Program.

2. KF-STRIDE Account.

a) Login. The Program requires the Institution to (i) enter into a KF-STRIDE Training Agreement as per Section 3 herein, and correspondingly have the Foundation train an agreed upon number of the Institution’s designated personnel to work with the Users in accessing and using the Program; and (ii) create an account login for each of its Users to allow such Users to respectively access the KF-STRIDE lessons of the Program, and other features and functions of the Program. We reserve the right to determine, in Our sole discretion, any features, products, or services offered as part of the Program.

b) Eligibility; Account Information. In order to create an account, the prospective User must be of sufficient age as specified herein, and must complete the registration process by providing Us with complete, current, and accurate information as requested in our Program registration form. By creating an account, the Institution and User must agree to provide true, accurate, and current data in connection with that account. The required information to create and account may include the Institution’s name or other identification, and the User’s: (i) name (and parent’s or guardian’s name, if applicable), (ii) age, (iii) residential address, (iv) email address, and (v) telephone number. Any usernames and passwords used for this Program are for individual use only. The Institution and User are jointly and severally responsible for maintaining the security and confidentiality of the password and access the User’s account. The Institution and/or User agree to notify the Foundation immediately of any unauthorized use of the User’s or Institution’s administrator’s username, password, or account, or any other breach of security. We are not liable for any loss that Institution and/or User may incur as a result of someone using the User’s or Institution’s username, password, or account, either with or without the User’s or Institution’s knowledge.

c) Duration. Each User account will continue for a period that is the shorter of (i) the expiration date of this Subscription Agreement, (ii) the User’s completion of all applicable lessons under the Program, or (iii) six (6) months after its creation. Any account may be terminated sooner if the User or Institution requests to cancel the account, or the Foundation in its sole discretion, cancels the account, including without limitation, because the Institution and/or User has violated the Terms.

d) Use. The Program and its contents are for the User’s personal use only. The Institution and User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, lessons, services, or features obtained from the Program without Our prior written consent. The User’s account may not be assigned or transferred to any other person or entity, nor may the Institution and/or User provide any other person or entity with access to the account, either directly or indirectly. In addition, the Institution and/or User are not permitted to make the Program or data accessible therefrom available to third parties.

e) Unavailability. the Institution’s and/or User’s access to the Program and the User’s account may be unavailable or interrupted from time to time for a variety of reasons, many of which We cannot control. We are not responsible for any interruptions of the Institution and/or Your access to the Program or the User’s account, or any of the consequences from such interruptions.

f) Right to Refuse. The Foundation reserves the right to refuse or revoke service or access to the Program to the Institution and/or any Users at any time.

3. Mandatory Training of Institution Staff for Administration of the Program.

This Subscription Agreement for institutions requires the Foundation train an agreed upon number of Institution-designated personnel to work with the Users in accessing and using the Program. Such training shall be subject to the terms of a separate KF-STRIDE Training Agreement to be executed between the Parties. The Institution and its Users are prohibited from creating an account, or accessing and using the Program, until such Training is completed, and the Foundation has authorized such Institution-designated staff to administer the Program for the Institution’s Users.

4. Termination; Modification.

Without any further notice and at any time, the Institution and its Users understand and agree that The Foundation may terminate, cancel, deactivate, and/or suspend access to the Program and to User accounts, including any and all User activities, data, inputs, or any other information or material in any form. The Foundation reserves the right to discontinue, modify, alter, or change any policy, feature, product, or service of the Program, including the Institution or User accounts.

5. Privacy.

Privacy of the Institution and its Users is important to Us. By using this Program, the Institution and its Users agree to the collection and use of Institution and its Users information in accordance with the terms of our Privacy Policy. Please review our Privacy Policy regularly for more information.

6. Monitoring.

The Foundation, as part of the Program shall monitor the use by the Institution and its Users of the Program. During monitoring, any information relating to any User or their respective activities on the Program may be examined, recorded, copied, and used for authorized purposes in accordance with these Terms and Our Privacy Policy. Furthermore, the Foundation reserves the right at all times to disclose any information posted on any portion of the Program as necessary to satisfy any law, regulation, or governmental request.

7. Conduct and Acceptable Use.

The following rules are a condition of the Institution and each of its Users use of and access to the Program.

a) No Interference. The Institution and each of its Users may not interfere with any other user from using or enjoying the Program.

b) Do Not Damage Our Program Or Servers. The Institution and its Users may not upload or otherwise distribute or facilitate the distribution of software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software, hardware, or portion of the Program, any other online services, or to obtain unauthorized access to the Program, content, or any data or other information of any third party.

c) No Unauthorized Access. The Institution and its Users may not attempt to gain unauthorized access to other computer systems or networks connected to the Program or use the Program, its content, or any information contained therein for any unlawful purpose. The Foundation, in its sole and absolute discretion, shall determine whether any content the Institution and its Users transmit or use in the Program violates this provision.

d) Follow These Terms And Conduct Rules. The Institution and its Users may not take any action on the Program that violates any applicable law or these Terms.

We may require, at any time, proof that the Institution and its Users are following these Terms or Conduct Rules. We reserve the right to take, or refrain from taking, any and all steps available to Us, including suspending or terminating the Institution and/or User’s access to the Program or seeking other legal or equitable remedies, once We become aware of any violation of these Terms.

8. Limitations

a) No Refund. The Institution and/or its Users are not entitled to any refunds of the Program or associated fees paid to the Foundation. Participation in the Program does not guarantee any specific or general results including without limitation, any User receiving any interview requests, or an offer of employment by the Foundation or third parties.

b) Support Hours. The Institution personnel trained in accordance with Section 3 herein may seek support and assistance from the Foundation staff members affiliated with the Program. The operating hours for such staff members are Monday through Friday 8:00AM to 5:00PM EST or EDT as the case may be, excluding federal and state holidays. The staff member(s) will make reasonable efforts to accommodate Your desired Program schedule.

c) Program Completion. Each User shall have access to the Program as long as such User has an account. Upon completion of the Program lessons or upon expiration of the time period specified in provision 2(c) herein, a User account will be terminated and the User will no longer have access to the Program. However, any materials provided to the Users as part of the Program are the User to keep for their personal use only. For avoidance of doubt, the User may not distribute the original materials or copies or derivatives thereof to any other person.

d) No Outputs or Scoring. We do not provide the Users (or their Parents or Guardians) with any output or scoring during or upon Completion of the Program. The answers a User provides to prompts and questions during the Program are not intended to do anything other than help the User engage in the Program with the goal of improving the User’s interview skills.

e) No Downloads. The Foundation hereby prohibits the Institution or its Users from downloading any videos, lesson information or content (individually and collectively, the “Content”), and the Institution and its Users hereby agree that they will not download any such Content.

f) No Personal Information. In providing responses to prompts and questions during a User’s use of the Program, the Institution and the User should not provide any confidential or personally identifiable information (including, for example, the User’s full name, home or personal telephone number, or home mailing or email address). Such responses are not guaranteed to be private, and such responses may be shared with personnel at the Foundation for evaluation, Program-improvement, and other purposes at the Foundation’s discretion.

9. Ownership; Proprietary Rights.

All Program operation, content and materials including, but not limited to, articles, other text, logos, animation, photographs, illustrations, graphics, names, designs, logos, video material, and audio clips (collectively, “the Intellectual Property”) are protected by intellectual property laws of the United States, as well as international conventions and the laws of states and other countries. The Intellectual Property is owned, licensed or controlled by The Foundation or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Program is the exclusive property of The Foundation and protected by United States and international copyright laws. Except as expressly authorized by The Foundation, the Institution and its Users agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of all Program content and materials.

10. Third-Party Sites, Products, & Services; Links.

THE PROGRAM MAY CONTAIN LINKS TO THIRD PARTY WEBSITES AND APPLICATIONS (“THIRD-PARTY SITES”). THE FOUNDATION IS NOT RESPONSIBLE FOR THIRD-PARTY SITES AND THEIR CONTENT. THE THIRD-PARTY SITES ARE NOT CONTROLLED BY THE FOUNDATION. ACCORDINGLY, YOUR USE OF THIRD-PARTY SITES IS AT YOUR OWN RISK. THE INCLUSION IN THE PROGRAM OR OTHER SERVICE OF A LINK TO A THIRD-PARTY SITE DOES NOT IMPLY AN ENDORSEMENT BY THE FOUNDATION. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SITES, PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY SITES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.

11. Disclaimer; No Warranties; Limitation on Liability and Damages.

a) SUBJECT TO THE SUBPROVISION 11(C) HEREIN, THE FOUNDATION AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES, OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES, ANIMATION AND RELATED GRAPHICS CONTAINED WITHIN THE PROGRAM FOR ANY PURPOSE. ALL SUCH INFORMATION, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT ALLOWABLE BY LAW, THE FOUNDATION AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

b) INSTITUTION AND ITS PERSONNEL AND USERS SPECIFICALLY AGREE THAT (i) THE FOUNDATION IS NOT RESPONSIBLE FOR ANY CONTENT INCLUDED IN THE PROGRAM BY ANY THIRD PARTY, AND (ii) THE FOUNDATION AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE PROGRAM AND/OR MAY DISCONTINUE ANY PART OF THE PROGRAM AT ANY TIME.

c) ALSO TO THE EXTENT ALLOWABLE BY LAW, IN NO EVENT SHALL THE FOUNDATION AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNFORCEABLE FOR ANY REASON, THEN THE FOUNDATION’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PROGRAM, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM AND CANCEL YOUR ACCOUNT.

12. Liability; Indemnification; Hold Harmless.

The Institution hereby agrees that it shall be liable for any harm and caused to the Foundation by the Institution, its personnel, and Users, as well as to indemnify and hold the Foundation, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of The Foundation, harmless from all claims, liabilities, losses, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to the Institution, its personnel, or Users, breach or alleged breach of any Terms contained in this Subscription Agreement.

13. Dispute.

These Terms, are governed by the laws of the State of New Jersey, without respect to its conflict of laws principles. Jurisdiction for any claims, lawsuits, or other actions (collectively, “Claims”) arising under this Subscription Agreement shall lie exclusively with the state or federal courts within Newark, New Jersey. If any provision of the Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. The Institution agrees that neither it, nor its representatives and/or Users, shall have the right or authority to bring any Claims on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other subscribers, or other persons similarly situated.

14. Assignment.

The Foundation may assign its rights and obligations under these Terms, and any assignment will inure to the benefit of Our successors, assigns, and licensees. The Institution and its Users shall not right to assign any of their rights or obligations under these Terms. Any attempt to make such assignment shall be null and void, and a material breach of this Subscription Agreement.

15. Severability.

If any provision of these Terms is found invalid, illegal, or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect, as shall this agreement, as if such invalid, illegal, or unenforceable provisions had never been a part of these Terms.

16. Survivability.

Sections 5, 8(a) and (c)-(f), 9 -15, and 17-22, shall survive any termination of this Subscription Agreement.

17. Headings.

All headings used in these Terms are for reference purposes only and shall not be used to interpret, analyze, or construe these Terms or the terms, representations, covenants, agreements, certifications, declarations, affirmances, or statements contained herein.

18. Entire Agreement.

These Terms represent the entire agreement between The Foundation and the Institution, on behalf of itself and its Users, regarding the subject matter of these Terms. These Terms cancel and supersede all prior understandings between The Foundation and You regarding the rights herein. No provision of these Terms shall be modified or amended except as expressly stated within the Terms.

19. No Waiver.

No waiver of any of these Terms by THE FOUNDATION is binding unless authorized in writing by an executive officer of THE FOUNDATION. If THE FOUNDATION waives a breach of any provision of the Terms, any such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of the Terms and will in no manner AFFECT the right of THE FOUNDATION to enforce the same at a later time.

20. Children’s Online Privacy Protection Act (“COPPA”) Notification.

This Program is not designed or intended for use by children under the age of 14. Pursuant to 47 U.S.C. Section 230(d) as amended, The Foundation hereby notifies You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org.

21. Digital Millennium Copyright Act.

Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on the Program, should be promptly sent in the form of written communication to Kessler Foundation Inc., 120 Eagle Rock Ave, East Hanover, NJ 07936, Attn: Communications, or communications@kesslerfoundation.org. All claims must include the following information:

a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site or application are covered by a single notification, a representative list of such works at that site or application;

c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

22. Contact.

If you have any questions about these Terms, please contact Us at:

Email: communications@kesslerfoundation.org

Address: 120 Eagle Rock Ave, East Hanover, NJ 07936

Last Updated: July 30, 2025