Last updated June 13, 2022

Propel America (“Propel”, “we”, “us” or “our”) is a non-profit organization dedicated to helping young adults transition from high school to careers and higher education (the “Propel Mission”). We work with colleges and universities, and employers (each a “Propel Partner”) and provide you will wraparound support and coaching to provide you with tuition-free training to pursue healthcare careers and potential placement with employers (collectively, the “Program”). By participating in our Program, you acknowledge and accept this Participant Consent Form (“Consent Form”) and consent to be legally bound by all the terms and conditions set forth herein.

Please read this Consent Form carefully, as it (among other things) provides in Section 7 that you and Propel will arbitrate certain claims instead of going to court and that you will not bring class action claims against Propel.

Propel’s Privacy Policy, available on Propel’s website at https://www.propelamerica.org/privacy-policy, describes the collection, use and disclosure of data and information by Propel in connection with the Propel Mission and Program. The Privacy Policy may be updated from time to time and is hereby incorporated into this Consent Form.

1. Collection & Use of Personal Information

1.1 Your Information. By participating in the Program, you consent that we may collect and use certain personal information that you directly submit or otherwise disclose to us or personal information that is shared with us indirectly through a Propel Partner. The information may be shared electronically via Propel’s website, on paper forms or other documents, or in-person when interacting with employees, agents and representatives of Propel. The personal information may include your: (a) name, address, phone number, email, social security number; (b) demographic information such as your date of birth, gender and race; (c) education, work history and resume information; (d) financial information such as your eligibility to SNAP benefits and financial aid; (e) employment information such as whether you were offered a specific position, benfits offered, your supervisor’s name, missing skills, number of work hours per week, salary, employment start date, job title, benefits, performance reviews and promotions; (f) personal background and information about your family; (g) experiences during and after your participation in the Program; (h) information concerning progress from data maintained by schools you attend or attended, and government agencies (such as grades, test scores, course work and support services); (i) your images, audio and video recordings; (j) your user name and password to our learning management platform; and (k) information about sensitive personal matters, such as health and mental health issues, COVID-19 and other vaccination status, pregnancy, criminal justice involvement, and other personal and family difficulties, such as financial stability, housing and child care needs and whether you performed a background check or drug test for purposes of employment; we will never collect the results of your background check or drug test, only whether you participated in such a background check or drug test, (such information, collectively, “Personal Information”).

1.2 Use of your Personal Information.

Use of Personal Information. As part of your participation in the Program, you hereby authorize Propel to use and disclose Personal Information in connection with: (i) participation in the Program and as needed to connect you to Propel Partners for potential employment; (ii) the Program, including any improvement of the Program and the provision of relevant reports about the Program to third parties interested in supporting, financially or otherwise, the Program; (iii) the Propel Mission, including to corporate, academic, private or government partners who request such data for research or analysis, to consultants or volunteers that work with Propel on data-related projects, and to central reporting agencies to further the Propel Mission; and (iv) legal purposes if required to do so by law, subpoena, or discovery request, or if we believe that such action is necessary to (a) comply with applicable law or a court order, subpoena, or other legal process; (b) investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our terms and conditions, or situations involving threats to our property or the property or physical safety of any person or third party; (c) establish, protect, or exercise our legal rights or defend against legal claims; or (d) facilitate the financing, securitization, insuring, sale, assignment, bankruptcy, or other disposal of all or part of our business or assets. You further authorize Propel to use Personal Information (such as your date of birth and social security number) to obtain additional information about you via certain governmental databases, including but not limited to national directory of new hires and the unemployment insurance database.

Deidentified Information. To the extent Personal Information is used in connection with Section 1.2(a)(ii) or (iii) above, Personal Information will be de-identified to ensure that you (and other participants in the Program) will not be personally identified.

Supplemental Nutrition Assistance Program (SNAP) Waiver (Louisiana participants only). To the extent you reside in or participate in the Program in the state of Louisiana, you hereby consent to the collection and exchange of Personal Information between Propel and its employment and training partners to plan, provide and coordinate services, and to collect participation and outcome data for state and federal reporting purposes or for any other purposes authorized by law. You further grant permission to Propel and its employment and training partners to use Personal Information and disclose it to each other for such purposes. Personal Information may be shared verbally or electronically, mail or hand delivery. All such employment and training partners will be required to safeguard any Personal Information that is collected and/or reported.

1.3 Photography Waiver. From time to time, Propel may capture images, audio and video recordings of Program events (“Program Media”). You agrees that we may use your likeness, name and voice in connection with its use of the Program Media to promote the Program and the Propel Mission.

1.4 Feedback. You hereby grant to Propel, a non-exclusive, royalty-free, worldwide, transferable, sublicensable (through one or more tiers), perpetual, irrevocable license in and to suggestions, comments and other forms of feedback provided by you (“Feedback”) regarding the Program, the Propel Mission, the Learning Platform (defined below) and any other services or materials provided by Propel, to reproduce, perform, display, create derivative works of the Feedback and distribute such Feedback and/or derivative works in connection with the Program or any other products or services.

1.5 Opt Out. You may revoke the consent to use Personal Information at any time by contacting us at info@propelamerica.org.

2. Indemnification.

2.1 By participating in the Program, you agree to indemnify, hold harmless and defend Propel and its officers, directors, employees and suppliers from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with your participation in the Program, the use of Personal Information and the loss of any of the Device.

3. Limitation of Liability.

PROPEL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOST DATA, INCLUDING PERSONAL INFORMATION, REGARDLESS OF WHETHER PROPEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Term and Termination

4.1 Term; Termination. The term of this Consent Form shall commence on the effective date signed and continue until your participation in the Program has concluded. Notwithstanding the foregoing, either party may terminate this Consent Form upon written notice to the other party for any reason or for no reason.

4.2 Effects of Termination; Survival. Upon expiration or termination of this Consent Form, your use of and access to the Program, the Learning Platform and the Device shall cease and you shall return the Device immediately. Propel has no obligation to maintain Personal Information and may, in its discretion, delete all Personal Information in Propel systems or otherwise in its possession or under its control. Notwithstanding the foregoing, Sections 1.2, 1.5, 2, 3, 4, 5, 6.2, 7, and 8 will survive expiration or termination of this Consent Form. Without limiting the foregoing, Propel may, in its discretion, maintain Personal Information after termination for research and other data analytics purposes.

5. Arbitration.

5.1 Arbitration. This Section 7 is referred to as the “Arbitration Agreement.” The parties agree that all disputes between you and Propel (whether or not such dispute involves a third party) arising out of or relating to these this Consent Form, the Program, and/or the Privacy Policy shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Consent Form, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration

5.2 Procedures. Arbitration will be conducted before a single arbitrator in the English language via teleconference or, if requested by either party, in Boston, Massachusetts, U.S.A., in each case under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The parties hereby expressly waive trial by jury. The parties shall appoint as sole arbitrator a person mutually agreed by the parties or, if the parties cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. Each party shall equally bear the costs of the arbitration and their own counsel. All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, either party shall be entitled to seek injunctive relief, security or other equitable remedies from any court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with this Consent Form (including without limitation Section 4 above) or to award punitive damages, including but not limited to pursuant to federal or state statutes permitting multiple or punitive awards.

5.3 Term for Cause of Action; Waiver of Class Actions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Program or this Consent Form must be filed within one (1) year after such claim or cause of action arose or shall be forever barred. Any claims brought by either party must be brought in the party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither party will participate in a class action or class-wide arbitration for any claims covered by this Consent Form. You hereby waive any and all rights to bring any claims related to this Consent Form and the Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf.

5.4 Opt Out. You may opt out of this Arbitration Agreement in this Section 7 by notifying Propel in writing within thirty (30) days of the date that you first become subject to this arbitration provision. The opt out notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, Learning Platform login credentials to which the opt out applies and a clear statement that you want to opt out of this Arbitration Agreement. You must sign the opt out notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. To opt out, please write us to: Propel America, ATTN: Arbitration Opt-out, 800 Boylston Street, PO box 990443, Boston, MA 01299.

6. Miscellaneous.

6.1 Entire Form. This Consent Form, together with any supplemental terms expressly agreed by the parties concurrently herewith or subsequent hereto, constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous understandings, representations, discussions, negotiations, and agreements, whether written or oral.

6.2 Changes to this Consent Form ; Waiver. Propel may be amend or supplement this Consent Form only by a writing that is signed by duly authorized representatives of both parties; provided that this Consent Form as applicable to users of the Learning Platform may be unilaterally amended by Propel by posting of such updated Consent Form on the website and shall be effective from and after such posting. No term or provision hereof shall be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute consent to, waiver of, or excuse of any other, different, or subsequent breach by either party.

6.3 Severability. If any provision of this Consent Form is held invalid or unenforceable for any reason, the remainder of the provision shall be amended to achieve as closely as possible the economic effect of the original term and all other provisions shall continue in full force and effect.

6.4 Governing Law. This Consent Form and the rights and obligations of the parties to and under this agreement shall be governed by and construed under the laws of the Commonwealth of Massachusetts as applied to agreements entered into and to be performed in such Commonwealth without giving effect to conflicts of laws rules or principles which would apply the laws of any other state or country. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Consent Form. Subject in all respects to Section 7 hereof, for any disputes arising out of this Consent Form, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Massachusetts.

6.5 Force Majeure. You acknowledge that Propel shall be liable for any failure or delay in performance under this Consent Form due to fire, explosion, earthquake, epidemic, storm, flood or other weather; unavailability of necessary utilities or raw materials; Internet service provider failures or delays, or denial of service attacks; war, civil unrest, acts of terror, insurrection, riot, acts of God or the public enemy; strikes or other labor problems; any law, act, order, proclamation, decree, regulation, ordinance, or instructions of government or other public authorities, or judgment or decree of a court of competent jurisdiction (not arising out of breach by such party of this Consent Form); or any other event beyond the reasonable control of the party whose performance is to be excused.

6.6 Assignment. You may not assign any of your rights or obligations under this Consent Form, whether voluntarily or by operation of law or otherwise, without Propel’s prior written consent. Propel may assign its rights or obligations under this Consent Form without your prior written consent. Any purported assignment or transfer in violation of this section shall be void. Subject to the foregoing restrictions, this Consent Form will bind and benefit the parties and their successors and permitted assigns.

6.7 Relationship of the Parties. You and Propel are independent contractors with respect to each other. There is no relationship of agency, partnership, joint venture, employment, or franchise between the parties. Neither party has the authority to bind the other or to incur any obligation on its behalf.

6.8 Notice. Under this Consent Form, you agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.