Terms of Use
MyScholar LLC., and its corporate affiliates (“MyScholar”, “us” or “we”) is providing you with access to and use of our ScholarPath website www.scholarpath.com, its sub-domains and its mobile application, (collectively, “ScholarPath “), and the account, services, websites, applications, products and networks found at or related to ScholarPath (the “Services“). These terms of use (“Terms of Use” or “Terms“) govern your use of the ScholarPath, as well as the Services. Please read them carefully. By accessing ScholarPath and/or Services, you acknowledge that you have read and understood these Terms and our MyScholar FERPA Compliance and Student Data Privacy Policy (and incorporated herein by reference) and agree to comply with them. When you register and create an account with us for certain Services (“User Account”), this Agreement includes and incorporates additional terms specific to those Services. Your use of the Services constitutes an agreement by you to abide by these terms, notices, and conditions. If you do not agree to all these Terms, you may not access or use ScholarPath or Services.
INTRODUCTION; YOUR AGREEMENT TO THESE TERMS AND CONDITIONS
ScholarPath is an online platform that allows prospective or current middle school and high school students (each, a "Student", collectively, “Students”) to create profiles, by using their school data and individual survey responses to learn about colleges or universities, employment and training opportunities, the military, extracurricular program providers and government workforce services (each, a "Pathway Provider"), and better understand the opportunities available to them and what they will need to do in school to pursue those opportunities. ScholarPath allows parents (“Parents”) to monitor their children’s use of ScholarPath and the Services. ScholarPath allows Students to connect with teachers and counselors from their schools (“Educators”) and, with parental permission, Pathway Providers. For purposes of these Terms of Use, Students, Parents, Educators and Pathway Providers will be referred to as "Users".
USER ACCOUNT
In order to access the Services, you must become a registered user of our Services (“Registered User“), which you do by creating a user account “User Account”. By becoming a Registered User you agree that we may access and use for the purposes of the Services your information made available to us by you and in the case of Students from your school. By becoming a Registered User, you also agree that we may store your log-in credentials. You are responsible for maintaining the confidentiality and security of your ID and password and are fully responsible for all activities that occur through your User Account. You agree to notify us immediately of any breach of security or unauthorized use of your User Account, ID, or password. You further agree that all information you provide in registering for a User Account is accurate, current and complete, and you will keep such information up to date. We reserve the right to refuse to register or provide services to any person or entity for any reason, in our sole discretion.
CONNECTING WITH USERS
ScholarPath and the Services allow communications between Students, Parents, Educators and Pathway Providers. Communications is limited based on the User type.
Students: May communicate with Educators, Parents and, with parental permission, Pathway Providers.
Parents: May communicate with Educators and their Students.
Educators: May communicate with Students in their school, their Parents, Educators and Pathway Providers in ScholarPath.
Pathway Providers: May communicate with Educators and, with Parental Permission, with Students.
COMMUNICATIONS
By agreeing to the Terms and Conditions, you are granting ScholarPath and, as defined herein, other Users permission to communicate with you through ScholarPath. Further, you may opt in to receive Push Notifications, Standard SMS Text Messages and Emails.
MOBILE AND OTHER DEVICES
We currently provide our mobile services without additional charge, but please be aware that your carrier’s normal rates and fees, such as text messaging, and data charges still apply.
USER CONDUCT
By using ScholarPath and our Services, you agree to comply with community guidelines that govern services and sites of this kind. You further agree with the following specific guidelines, that you will not:
Post or transmit unsolicited messages, emails, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
Solicit personally identifying information or passwords from anyone for any reason;
Post or transmit any personal information of any third party, including, without limitation;, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Impersonate any person or entity, create a false identity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
Register a User Account on behalf of an individual other than yourself, or register a User Account on behalf of any group or entity;
Upload, post, transmit, share, or store any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or use ScholarPath or Services in any other manner that could damage, disable, overburden or impair ScholarPath;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services or posted to ScholarPath;
Use automated scripts to collect information from or otherwise interact with the Services or ScholarPath or harvest or collect email addresses or other contact information of other users from the Services or ScholarPath by electronic or any other means;
Use the Services or MyScholar in any unlawful manner or upload, post, transmit, share, or store any content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
Intimidate, “stalk” or harass another; or
Upload, post, transmit, share, or store any content that, in our sole judgment, may be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, vulgar, obscene, racist, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
When using our Service, you may upload, post, create, transmit, or share content or data not otherwise prohibited by these Terms (“User Content“). You are solely responsible for your User Content, and represent and warrant that by submitting your User Content you will not be infringing on any other person’s copyright, trademark, trade secret or other proprietary or intellectual property rights, including privacy and publicity rights. You further agree not to post, transmit, or share any content on ScholarPath or the Services that would infringe or violate the rights of third-parties. You acknowledge and warrant that any Third Party Content and Third Party Sites (as those terms are defined below), or links thereto or therefrom, which you post on ScholarPath is subject to, and will fully comply with, our Terms of Use. In addition, you understand and agree that we may, but are not obligated to, review ScholarPath and your User Content, including pre-screening, and may delete or remove (without notice) any User Content for any reason, including, without limitation, if we believes, in our sole discretion, it violates these Terms and Conditions, might be offensive or illegal, or could violate the rights, harm, or threaten the safety of users or others. You are solely responsible, at your own cost and expense, for creating backup copies and replacing any User Content you post or store on ScholarPath or provide to us. You shall retain all ownership rights in and to your User Content. Notwithstanding the foregoing, when you post User Content to ScholarPath you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content in ScholarPath. By posting User Content to any part of ScholarPath, you automatically grant, and represent and warrant that you have the right to grant, to ScholarPath a worldwide, non-exclusive, royalty-free, sublicensable, transferable, perpetual and non-revocable license to use, reproduce, distribute, prepare derivative works of, and display the User Content in connection with ScholarPath and Service, including without limitation for promoting and redistributing part or all of ScholarPath (and derivative works thereof) in any media formats and through any media channels, in each case subject to our FERPA Compliance and Student Data Privacy Policy. You also hereby grant each other user a non-exclusive license to access your User Content through ScholarPath or Service, and to use such User Content, as permitted through the functionality of ScholarPath and in accordance with these Terms of Use and our Privacy Policy. You may remove your User Content from ScholarPath at any time, but you understand that ScholarPath may retain, and continue to display or distribute copies of such User Content.
THIRD PARTY CONTENT/SITES
ScholarPath may include Third-Party Content, or links to it, and/or links to Third Party Sites. “Third Party Content” means content belonging to, or originating from, third parties and “Third Party Sites” means third party websites that are not owned or controlled by ScholarPath. All Third-Party Content made available to you on ScholarPath is provided “as is”, and solely for your information and personal, non-commercial use. From time to time we may post Third Party Content on ScholarPath for which we receive payment or other consideration from a third party. When that happens, such Third Party Content may be, but is not required to be, identified as “Sponsored.” Third-Party Content may not be copied, reproduced, distributed, or otherwise exploited in any manner, other than as intended by the normal functionality of ScholarPath and Service. Some of the services or functionality on ScholarPath may be provided by third parties on Third Party Sites. To access such services or functionality you may be required to register on the Third Party Site. Such registration, if any, is separate from any registration on ScholarPath, and will be governed by the terms of the Third Party Site, including privacy and data gathering policies. You acknowledge that ScholarPath makes no representations and warranties concerning, and, does not guarantee the accuracy, integrity or quality of any Third-Party Content or your or other’s User Content. ScholarPath expressly disclaims any and all liability in connection with User Content and Third-Party Content.
LIMITED LICENSE
Except for User Content and Third-Party Content, all content on ScholarPath and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound, video and other files, and their selection and arrangement together with the trademarks, Services marks and logos contained therein (the”Scholarpath Content”), is owned by or licensed to ScholarPath, with all rights reserved, and is subject to and protected by copyright and other intellectual property rights under law. ScholarPath Content is provided to you “as is” for your information and personal, non-commercial use only. No Scholarpath Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without ScholarPath’s prior written permission, in each instance, or in connection with the share function provided by ScholarPath on ScholarPath. To the extent ScholarPath has such rights in ScholarPath Content, you are granted a limited, revocable, nontransferable license to access and use ScholarPath and ScholarPath Content and to download or print a copy of any portion of ScholarPath Content (excluding any software code) to which you have properly gained access solely for your information and personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. The aforementioned license does not include the use of any data mining, robots or similar data gathering or extraction methods and is revocable by ScholarPath at any time, without notice, and with or without cause. Any use of ScholarPath or ScholarPath Content other than as specifically authorized herein, without the prior written permission of ScholarPath, is strictly prohibited and will terminate the rights and licenses granted herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
COPYRIGHT
Copyright Notice — The contents of this Services (including, but not limited to text, photographs, graphics, video and audio content) is protected under the copyright laws of the United States. You agree to abide by all copyright notices and/or restrictions contained in this Service. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, except that you may download material from this Services for your own personal use. Without limiting the generality of the foregoing, you may not distribute any part of this Services over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. ScholarPath respects the intellectual property of others, and we ask our Users to do the same. It is our policy to respond to clear notices of alleged copyright infringement, in accordance with the Digital Millennium Copyright Act (“DMCA“) and other applicable law. In ScholarPath’s sole discretion, ScholarPath may remove content that may be infringing on another person’s intellectual property rights, with or without notice to the potential infringer. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter-notification, but we are not liable for any failure to make such contact. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide a written notice of infringement containing the information specified below:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
Description of where the material that you claim is infringing is located on ScholarPath, with enough detail that we may find it on ScholarPath;
TRADEMARKS
The ScholarPath logo is the trademark of MyScholar LLC. ScholarPath TM, and other ScholarPath graphics, logos, designs, page headers, button icons, scripts, and Services names are either registered trademarks, trademarks or trade dress of MyScholar in the U.S. and/or other countries. MyScholar’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or Services in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MyScholar. Accordingly, nothing on ScholarPath should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks and Services marks displayed on ScholarPath, without MyScholar prior written permission in each instance. ScholarPath also refers to certain third-party trademarks. Other product, company, college, university, employer, union, military, program provider and government agency names and logos may be trademarks of their respective owners.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about ScholarPath or the Services (“Submissions“), provided by you to MyScholar are not confidential and shall become the sole property of MyScholar. MyScholar shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
GENERAL PRACTICES
MyScholar reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, ScholarPath and/or Services (or any part thereof) with or without notice. MyScholar may establish general practices and limits concerning use of ScholarPath and/or the Services, including without limitation the maximum number of days that postings or other uploaded User Content will be retained, the maximum disk space that will be allotted on ScholarPath’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access ScholarPath and/or the Services in a given period of time. MyScholar has no responsibility or liability for the deletion or failure to store any communications or other content maintained or transmitted by ScholarPath or the Services. You understand that the technical processing and transmission of the Services, including your User Content, may involve:
Transmissions over various networks; or
Changes to conform and adapt to technical requirements of connecting networks or devices. MyScholar reserves the right to log off accounts that are inactive for an extended period of time. You agree that MyScholar shall not be liable to you or to any third party for any modification, suspension, or discontinuance of ScholarPath and/or the Services. You further acknowledge that MyScholar reserves the right to modify these general practices and limits from time to time. You acknowledge, consent and agree that MyScholar may access, preserve and disclose your User Account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
Comply with legal process;
Enforce the Terms of Use;
Respond to claims that any content violates the rights of third parties;
Respond to your requests for customer service;
Effectively provide the Services to you; or
Protect the rights, property or personal safety of ScholarPath, its Users and the public. MyScholar may terminate your User Account, delete your profile and any User Content or information that you have posted on ScholarPath or through the Services and/or prohibit you from using or accessing the Services or ScholarPath, or any portion thereof, for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation in the event MyScholar has determined you are an offender of any of these Terms of Use.
GEOGRAPHICAL RESTRICTIONS
MyScholar is based in the state of Missouri in the United States and designed to satisfy local laws and regulations. We make no claims that ScholarPath or any of its content is accessible or appropriate outside of the United States. Access to ScholarPath may not be legal by certain persons or in certain countries. If you access ScholarPath from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMERS
The Services are available “as is”. We do not warrant that the Services will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the data, news, information or other materials available through the Services. We are not responsible for the availability or content of other services that may be linked to the Services. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to the Services or any information or goods that are available or advertised or sold through the Services. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in the Services or available through links in the Services. We reserve the right to correct any errors or omissions in the Services. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to this Service, we do not guarantee or warrant that the Services or materials that may be downloaded from this Services do not contain such destructive features.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. If you rely on the Services and any materials available through the Services, you do so solely at your own risk. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES, WORMS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF SCHOLARPATH OR THE SERVICES OR ITEMS OBTAINED THROUGH SCHOLARPATH OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
You acknowledge that MyScholar has no control over and no duty to take any action regarding:
Users who gain access to ScholarPath or use the Services;
Effects the content on ScholarPath may have on you;
Your interpretation or use of the content;
Actions you may take as a result of having been exposed to the content; or
Your admission to any university or college, hiring by any employer, enlistment to any branch of Services or your satisfaction with any choice you make or any other action you take or do not take as a result of the information we provide you on ScholarPath or through the Services.
Content posted by other Users or links to sites containing information that some people may find offensive or inappropriate.
INDEMNITY
You agree to indemnify and hold all of the ScholarPath Parties harmless from and against any and all losses, liabilities, claims, demands, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Content you post or link to or any Third Party Sites you link to on ScholarPath, your conduct in connection with the Services or ScholarPath or with other Users of the Services or ScholarPath, or any violation of the Terms of Use or of any law or the rights of any third party.
LIMITATION OF LIABILITY IN NO EVENT WILL THE ScholarPath, ITS AFFILIATES OR THEIR LICENSORS, SERVICES PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, SCHOLARPATH, ANY WEBSITES LINKED TO IT, ANY CONTENT ON SCHOLARPATH OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH SCHOLARPATH OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages, in such jurisdictions the ScholarPath Parties’ liability is limited to the greatest extent permitted by law. Your sole remedy for dissatisfaction with this site is to stop using this site. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
DISPUTE RESOLUTION/GOVERNING LAW
For any dispute you have with MyScholar, you agree to first contact us at info@scholarpath.com and attempt to resolve the dispute with us informally. By visiting or using ScholarPath and/or the Services, you agree that the laws of the State of Missouri, without regard to principles of conflict of laws, will govern the Terms of Use and any dispute of any sort that might arise between us. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to ScholarPath or Service. For any such actions, we each agree to submit to the personal jurisdiction of the state and federal courts located in Missouri and waive any and all defenses of lack of personal jurisdiction and forum non conveniens.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR SCHOLARPATH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
EXPORT CONTROL
Any software or technology obtained from MyScholar through the Services originates in the United States, and is subject to United States export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, software and technology obtained from us may be subject to the import and export laws of other countries. It is your responsibility to comply with all U.S. and foreign export and import laws and regulations.
ADDITIONAL TERMS
In the event that any portion of these Terms of Use are held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intent, and the remainder of these Terms of Use and our FERPA Compliance and Student Data Privacy Policy shall remain in full force and effect. All provisions of these Terms of Use that by their terms are reasonably expected to survive the termination of these Terms of Use shall survive such termination. These Terms of Use and our FERPA Compliance and Student Data Privacy Policy contain the entire agreement concerning your use of ScholarPath and the Services and supersedes all existing agreements and all other oral, written or other communication concerning its subject matter. You expressly absolve and release the MyScholar Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign these Terms of Use. No waiver shall be effective unless in writing. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of these Terms of Use. If we have provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only and that the English language version will govern.
In addition, MyScholar may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body; (ii) if you have breached these Terms, applicable laws, regulations, or third party rights; (iii) if you have provided inaccurate, fraudulent, outdated or incomplete information during the ScholarPath account registration or thereafter; (iv) if MyScholar believes in good faith that such action is reasonably necessary to protect the personal safety or property of MyScholar, its Users, or third parties, or to prevent fraud or other illegal activity; (v) for any other bona fide reason determined by MyScholar in a good faith exercise of its reasonable business judgment:
limit your access to or use of ScholarPath; temporarily or permanently revoke any special status associated with your ScholarPath account; or temporarily or in case of severe or repeated offenses permanently suspend your ScholarPath account;
When this Agreement has been terminated, you are not entitled to a restoration of your ScholarPath account or any of your User Content. If your access to or use of ScholarPath has been limited or your ScholarPath account has been suspended or this Agreement has been terminated by us, you may not register a new ScholarPath account or access and use ScholarPath through a ScholarPath account of another User;
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
AMENDMENTS & MODIFICATIONS
MyScholar reserves the right to amend the information, services, and/or content of the Services. The information and materials contained in ScholarPath and the Services, and the terms and conditions of the access to and use of such information and materials, are subject to change. In the event of a material change to this Terms of Use, a notice will be posted to ScholarPath and the Services. If you use ScholarPath and the Services after we post changes to the Terms, you agree to accept the changed Terms. MyScholar expressly reserves the right to monitor any and all use of this Service.
CONTACT US
Contact us if you have any questions regarding the Terms of Use while using ScholarPath, or have questions about our practices.
Please contact us via email at: info@scholarpath.com