Terms of Service and Privacy Policy

 

 

 

TERMS OF USE

Welcome to Pathfinder, a website that offers online resources and content for the after-school job market operated by The After-School Corporation ("TASC" or "we" or "us" or other similar pronouns).

These terms of use ("Terms of Use") set forth the standards of use of Pathfinder and all of its associated websites. Pathfinder and all such associated websites are collectively referred to herein as the "Website."

The words "You," "User" or "Member," as used herein, refer to all individuals and/or entities accessing or using the Website for any reason. The term "Your Content" or "User Content," as used herein, shall mean information that You submit, publish or display on the Website.

Please read these Terms of Use carefully. These Terms of Use include the Website’s Privacy Policy located at www.afterschoolpathfinder.org (the "Privacy Policy") which is incorporated in and made a part of these Terms of Use. If You do not accept and agree to all of these Terms of Use, You are not authorized to use the Website or the services provided therein. By accessing or using the Website, You agree to be bound by these Terms of Use, including the Privacy Policy. Additionally, You understand and agree that we may electronically provide to You either through posting or links on the Website or through e-mail agreements, invoices and other documents, notices and communications regarding Your relationship with TASC, the Website and the services provided therein ("Communications"). You hereby consent to receipt of such Communications electronically.

You agree that by entering Your username and password and clicking on a "Login" or "Sign On" or similar button, or by clicking on an "Agree and Continue" or similar button when registering for or accepting any services offered or provided on the Website, You are acknowledging that You have read, understand and agree to be bound by these Terms of Use, and that such actions constitute Your agreement thereto and acceptance thereof. If You do not agree to any of these Terms of Use, You may not access or otherwise use the Website.

Modification of Terms

TASC reserves the right, at any time, to modify, alter, or update the Website, these Terms of Use and the Privacy Policy without prior notice. If We make a material modification to these Terms of Use or the Privacy Policy, We will notify You by (1) sending an email to the email address You have provided in Your account (if any) and, (2) display an announcement on the Website or place an announcement above the text of these Terms of Use or the Privacy Policy, as appropriate, for thirty (30) days. After the notice of such modification has been posted for 30 days, the notice will be removed. A brief description of any material modification and the date it went into effect will be placed in the Historical Modifications section at the end of these Terms of Use or the Privacy Policy, as appropriate. If You have not used the Website for more than 30 days, You should check the Historical Modifications section for any modifications to these Terms of Use or the Privacy Policy prior to any further use of the Website. Should You wish to terminate Your account due to a modification to these Terms of Use or the Privacy Policy, You may do so by clicking on the appropriate link in the Cancellation section below. If You choose to continue using the Website, You agree that by doing so You will be deemed to accept the new Terms of Use or the new Privacy Policy, as relevant. Except as otherwise provided in this paragraph, these Terms of Use may not be amended.

Eligibility

You must be 13 years of age or older to visit or use the Website in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use the Website under the supervision of a parent, legal guardian, or other responsible adult. By visiting the Website or accepting these Terms of Use, You represent and warrant to TASC that You have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to TASC that You will use the Website and any services or information provided by us in a manner consistent with any and all applicable laws and regulations.

Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by TASC and/or its affiliates.

Access to the Website

TASC reserves the right to modify or discontinue any services or content provided by TASC with or without notice to the User. You acknowledge and accept that TASC does not guarantee continuous uninterrupted service or access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Our control.

Your Account

You will be asked to create an account and provide TASC with certain information including, without limitation, a valid e-mail address. Any such information that You submit will be treated in accordance with the Privacy Policy; provided that TASC reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of such information. You acknowledge and agree that you have no ownership rights in Your account.

If You choose, or are provided with, a user identification code, password or any other piece of information as part of Our security procedures, You must treat such information as confidential, and You must not disclose it to any third party. You are responsible for any activities associated with Your account. We have the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time, and for any reason, in Our discretion, including (without limitation) if, in Our opinion, You have failed to comply with any of the provisions of these Terms of Use.

You are responsible for making all arrangements necessary for You to have access to the Website and to the services provided therein.

DISCLAIMER OF WARRANTIES

ALL OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE, INCLUDING (WITHOUT LIMITATION) TEXT, GRAPHICS, INFORMATION, LINKS OR OTHER ITEMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS), ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TASC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING (AND EXPRESSLY DISCLAIMS LIABILITY FOR) THE USE OR THE RESULTS OF THE WEBSITE OR ANY OF THE SERVICES OR INFORMATION PROVIDED THEREIN IN TERMS OF ITS AVAILABILITY, ACCURACY, ADEQUACY, CORRECTNESS, PRECISION, TIMELINESS, COMPLETENESS, THOROUGHNESS, RELIABILITY OR OTHERWISE.

TASC MAKES NO REPRESENTATIONS ABOUT, AND EXPRESSLY DISCLAIMS LIABILITY FOR, ERRORS OR OMISSIONS IN THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE, AND ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

NO WARRANTY OF ANY KIND, WHETHER IMPLIED, EXPRESS OR STATUTORY (INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM DEFECT, COMPUTER VIRUS OR OTHER ERROR), IS GIVEN IN CONJUNCTION WITH ANY OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED BY US, AND ALL OF SUCH WARRANTIES ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE WEBSITE OR THE SERVICES PROVIDED THEREIN WILL MEET USERS' REQUIREMENTS, AND SUCH WARRANTY IS DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

THE WEBSITE ACTS AS A VENUE FOR EMPLOYERS/RECRUITERS TO POST JOBS AND SEARCH FOR CANDIDATES, AND FOR CANDIDATES TO SEARCH FOR JOBS. TASC IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN EMPLOYERS/RECRUITERS AND CANDIDATES. AS A RESULT, TASC HAS NO CONTROL OVER USER CONTENT, QUALITY, SAFETY, OR LEGALITY OF JOBS POSTED AND MAKES NO REPRESENTATIONS ABOUT ANY JOBS OR USER CONTENT. TASC SHALL NOT BE RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS, FOR WHATEVER REASON, MADE BY ANY ENTITY IN CONNECTION WITH JOBS POSTED ON OR THROUGH THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY, FORM AND SUBSTANCE OF ANY OF YOUR CONTENT THAT IS POSTED ON THE WEBSITE AND ANY CONSEQUENCES ARISING FROM SUCH POSTING.

BECAUSE USER AUTHENTICATION ON THE INTERNET IS DIFFICULT, TASC CANNOT AND DOES NOT CONFIRM THAT EACH USER IS WHO THEY CLAIM TO BE. BECAUSE WE DO NOT AND CANNOT BE INVOLVED IN USER-TO-USER DEALINGS OR CONTROL THE BEHAVIOR OF PARTICIPANTS ON THE WEBSITE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE TASC (AND OUR AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, IN NO EVENT SHALL TASC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, OR ANY THIRD PARTIES APPEARING ON THE WEBSITE, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOST PROFITS, LOST BUSINESS, LOSS OF REVENUE OR LOSS OF USE, AND ANY OTHER LOSSES OR EXPENSES) ARISING OUT OF OR RELATED TO THE WEBSITE, ANY INFORMATION RECEIVED FROM THE WEBSITE, ANY EMAIL DISTRIBUTED TO ANY USER OR MEMBER FROM THE WEBSITE OR ANY LINKED WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE, AND EVEN IF TASC, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN NO EVENT SHALL TASC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, OR ANY THIRD PARTIES APPEARING ON THE WEBSITE, BE LIABLE FOR OR IN CONNECTION WITH ANY INFORMATION OR CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON OR ENTITY ON OR THROUGH THE WEBSITE.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CERTAIN TYPES OF DAMAGES, THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY SUCH EXCLUSION OR LIMITATION IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN TASC'S MAXIMUM LIABILITY TO YOU FOR ANY SUCH DAMAGES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.

DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT TASC WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THIS AGREEMENT BY YOU.

Indemnification

You agree to defend, indemnify and hold harmless TASC and its parents, subsidiaries and affiliates, and their respective directors, officers, employees, agents, suppliers and licensors, from any claim, action or demand (including, without limitation, reasonable attorneys' fees and costs) made by any third party arising out of or related to (i) Your use of the Website, (ii) Your use of any content contained therein, (iii) Your Content or any information or material that You post to or transmit through the Website, (iv) Your violation of these Terms of Use, or (v) actual or alleged infringement by You or another User using Your computer or account of any intellectual property or any other right of any person or entity. TASC shall provide notice to You of any such claim, suit or proceeding, and TASC reserves the right and shall have the option, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with TASC's defense of such claim.

Acceptable Use Policy ("AUP")

(1) Valid Email Address. You must supply and maintain a valid and verified email address in order to use the services provided by the Website. Invalid email addresses and those that have not been verified through the verification email sent upon sign-up will be deleted from Our system and You will be denied access to the Website.

(2) Unauthorized Use. TASC authorizes Members who are job seekers to view and download a single copy of the material on the Website solely for their personal, noncommercial use directly related to seeking employment opportunities for themselves, and TASC authorizes Members who are employers to view and download a single copy of the material on the Website solely for their personal use directly related to searching for and recruiting job prospects. Only one individual may access the Website using the same email or password, unless TASC agrees otherwise. Unauthorized use of the Website or TASC's systems (including, but not limited to, unauthorized entry into any of TASC’s systems, misuse of passwords, or misuse of any information posted to the Website) is strictly prohibited. TASC reserves the right, in Our sole discretion, to immediately revoke Your account and/or seek all other legal remedies available for scraping jobs, copying copyrighted text, or otherwise mis-using or mis-appropriating site content, including, but not limited to, use on a "mirrored", competitive, or third party site. The use of automated programming on the Website, including, but not limited to, the use of a script to apply to jobs or to communicate with recruiters (e.g., the sending of resumes through TASC's recruiter database), is contrary to the nature of Our services and not permitted.

(3) Use of Website Content. The contents of the Website (including, without limitation, text (whether editorial, navigational, or instructional), graphics (including, without limitation, images, logos, buttons, icons, and other graphical elements on the Website, with the exception of paid advertising banners), design (including, without limitation, the color combinations and the page layout of the Website), software, interfaces and programming (including, without limitation, client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Website)) (collectively, the "Website Content") are protected under copyright, trademark and other laws. All such content is the property of TASC or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of TASC and is protected by copyright, trademark, and other laws. Unauthorized use of the Website Content may violate these laws, and is strictly prohibited. Members must retain all copyright, trademark, service mark and other proprietary notices contained on the Website Content on any authorized copy they make of such content. Members may not sell or modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose, in connection with products or services that are not those of TASC, or in any other manner that is likely to cause confusion among consumers, that disparages or discredits TASC or its licensors, that dilutes the strength of TASC’s or its licensor's property, or that otherwise infringes TASC's or its licensor's intellectual property rights. Members may not in any other way misuse the Website Content. The use of the Website Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that TASC creates to generate or display any Website Content or the pages making up the Website is also protected by TASC's copyright and Members may not copy or adapt such code.

(4) Website Restrictions. The job posting and other features of the Website may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. You may not use the Website in order to transmit, post, distribute, store or destroy material, including, without limitation, the Website Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

(5) Prohibited Uses. You must not misuse the Website by knowingly introducing viruses, trojans, worms, malware, logic bombs or other material which is or may be malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, the following activities:

(a) accessing data not intended for You or logging into a server or account that You are not authorized to access;

(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(c) attempting to interfere with service to any User or Member, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or

(d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. TASC will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users or Members who are involved in such violations.

Without limiting the foregoing, TASC also specifically prohibits the following:

• Posting jobs or content on the Website that contain hyperlinks, "hidden" keywords, "white text" keywords or keywords that are irrelevant to the job or are otherwise misleading;

• Posting jobs on the Website for modeling or talent or talent scouting positions;

• Posting or submitting to the Website copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material) or trade secrets (unless you own them or have the owner's permission to post them);

• Posting or submitting to the Website any incomplete, false or inaccurate biographical information or information which is not owned or licensed by the poster;

• Posting on the Website any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity that requires an upfront or periodic payment, pays commissions only, or requires recruitment of other members, sub-distributors or sub-agents;

• Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to other Users or Members;

• Deleting or revising any material posted by any other User, Member or other entity;

• Taking any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure;

• Copying or adapting the HTML code used to generate web pages on the Website;

• Using or attempting to use any engine, manual or automated software, tool, device, agent, script, robot or other means, device, mechanism or process (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any services provided on the Website other than (i) any search engine or search agent available from the Website and (ii) generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari);

• Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;

• Aggregating, copying or duplicating in any manner all or part of the Website Content or information available from the Website; or

• Framing or linking to any Website Content or information available from the Website.

(6) User Content and Submissions. You are solely responsible for Your account information, employer account information or job postings, Profile and Your Content (including, without limitation, works in any form, media, or technology whether now known or later developed, messages, audio, video, photos, text, images, compilations or other information) that You post on the Website or transmit to other Users or Members. You agree that in submitting Your Content or otherwise using the Website that You will not impersonate any person, or submit any materials to the Website that are false, inaccurate, misleading, unlawful, or are otherwise in violation of Your obligations under these Terms. The Website acts as a passive conduit for the online distribution and publication of User Content and TASC has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, TASC may review and remove any User Content that, in its sole judgment, violates these Terms of Use, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of the Website. TASC reserves the right to expel Users and prevent their further access to the Website and/or use of the services provided therein for violating these Terms of Use or applicable laws, rules or regulations. TASC may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for TASC, damage TASC’s brand or public image, or cause TASC to lose (in whole or in part) the services of its ISPs or other suppliers. TASC does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

The following is a partial list of User Content that is prohibited on the Website. The list below is for illustration only and is not a complete list of all prohibited User Content.

• Is implicitly or explicitly offensive, such as content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;

• Harasses, incites harassment or advocates harassment of any group or individual;

• Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming;"

• Involves, promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

• Involves, promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacturer-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;

• Contains restricted or password only access pages, or hidden pages or images;

• Displays or links to pornographic, indecent or sexually explicit material of any kind;

• Provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18;

• Provides instructional information about illegal activities or other activities prohibited by these Terms of Use, including, without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; or

• Solicits passwords or personal identifying information from other Users or Members.

Links To Other Sites

This site may contain links to websites controlled or offered by third-parties (non-affiliates of TASC). You acknowledge that TASC is not responsible for the availability of, or the content located on or through, any third-party website. TASC makes no representations about, and disclaims liability for, any information, materials, products or services posted or offered at any of the third-party websites linked to the Website. By providing such links, TASC does not endorse or recommend any products or services offered or information contained therein, nor is TASC liable for any failure of products or services offered or advertised at those websites. If You decide to access such linked third-party web sites, You do so at Your own risk. Your use of those third-party sites is subject to the terms of use and privacy policies of each such site, and We are not responsible for anything contained therein. You should contact the site administrator or webmaster for those third-party sites if You have any concerns regarding the content on those sites.

Intellectual Property

You acknowledge and agree that, as between You and TASC, TASC owns, and shall continue to own, all proprietary right, title and interest (including, but not limited to, copyright, trade secret and patent) in and to the Website (including, without limitation, "look and feel" (including, without limitation, color combinations, button shapes, layout, design and all other graphical elements used in the Website), materials, methodologies, implementation plans or other intellectual property used during the provision of the Website and the services provided therein) and all Website Content provided by TASC on the Website (collectively, the "TASC Materials"), and, except for any limited licenses expressly granted to You in these Terms of Use, TASC reserves all right, title and interest in and to the TASC Materials. Any use of the TASC Materials (including, without limitation, reproduction, modification, distribution, or replication, any form of data extraction or data mining or other commercial exploitation of any kind) without prior written permission of an authorized officer of TASC is strictly prohibited. You agree that You will not use any robot, spider, or other automatic device or manual process to monitor or copy the Website, the TASC Materials or any third-party content available on the Website.

By posting Your Content to any public area of the Website, including, without limitation, message boards, profiles, forums, contests and chat rooms, or by otherwise submitting or transmitting any such content to us: (i) You acknowledge, represent and warrant that such content is original to You and that no other party has any rights thereto, or that You have the necessary licenses, rights, consents and permissions to furnish and/or license such content and submit it to the Website, and that any "moral rights" in having such content edited, removed, modified, published, transmitted or displayed in a manner not agreeable to You have been waived; and (ii) You automatically grant to TASC and its affiliates a royalty-free, non-exclusive, transferable, irrevocable right and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display and distribute such content, and to prepare derivative works of, or incorporate into other works such content in connection with the marketing and promotion of the Website and the services offered or provided therein or for any other purpose, in TASC's discretion. We cannot be responsible for maintaining any content that You provide to us, and We may delete or destroy any such content at any time.

TASC welcomes your comments regarding the Website and/or the services provided therein and appreciates hearing from you. Please note, however, that TASC does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Website and/or the services provided therein, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, You send TASC creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), You understand and agree that the User Submission shall become the property of TASC. User Submissions and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on TASC’s part, and TASC will not be liable for any use or disclosure of any User Submission. TASC shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.

Third-Party Intellectual Property Rights

TASC respects the intellectual property of others, and We ask You, to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to Your use of the Website, You agree not to use the Website to infringe the intellectual property rights of others in any way. TASC reserves the right to terminate Your account, and block access to the Website if You infringe (or are a repeat infringer of) the copyrights, or other intellectual property rights, of others. TASC reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the party that is terminated or to the party whose access is blocked.

Trademarks

The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Website or on content available through the Website are registered and unregistered Trademarks of ours and others and may not be used in violation of applicable rights. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the applicable rights holder.

Notification of Copyright Infringement

If You believe that Your copyrighted work has been uploaded, posted or copied to the Website and is accessible on the Website in a way that constitutes copyright infringement, please notify and provide the following information, in writing, to Our agent to receive notifications of claimed copyright infringement, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

• Your address, telephone number, and email address;

• A description of the copyrighted work that You claim has been infringed;

• A description of where the alleged infringing material is located;

• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

• A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

The After-School Corporation

In-House Counsel

1440 Broadway, 16th Floor

New York, NY, 10018

By telephone: (646) 943-8700

By facsimile: (646) 943-8800

E-mail: copyright@tascorp.org

Cancellation

To cancel your subscription, click on the appropriate link below:

http://www.afterschoolpathfinder.org/user/login

Login then click the Edit button to delete.

Orders for Products and Services

We may make certain products and services available to visitors and registrants of the Website. You may only order products or services if You are domiciled in the United States. You agree to pay in full the prices for any purchases You make by payment means acceptable to TASC. You agree to pay all applicable taxes.

Additional Terms

Certain sections or pages on the Website, or certain features or services provided therein, may contain separate terms and conditions, which are in addition to these Terms of Use. In the event of conflicting provisions, the additional terms and conditions will govern.

Termination

TASC may discontinue Your access to the Website or suspend or terminate, without notice or liability, Your account membership and/or Your access to and use of the Website, for any violation of these Terms of Use or for any other use that TASC, at its sole discretion, deems improper.

No Resale or Unauthorized Commercial Use

You agree that You shall not resell or assign Your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the Website.

Availability Outside the U.S.

TASC makes no claims that the Website may be lawfully viewed or accessed outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. If You access the Website from outside the United States, You acknowledge that any personal information You provide will be processed in the United States and other geographies as selected by Us in Our sole discretion, and You hereby consent to the collection and processing of Your personal information in a manner consistent with these Terms of Service and the Privacy Policy.

Governing Law

These Terms of Use are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within New York State.

Severability; Waiver

If any provision of these Terms of Use is 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 of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, TASC's failure to enforce any term of these Terms of Use shall not be deemed as a waiver of such term or otherwise affect TASC's ability to enforce such term at any point in the future.

 

PRIVACY POLICY

TASC is committed to protecting the privacy of Our users, and strives to provide a safe, secure user experience. This Privacy Policy sets forth the online data collection and usage policies and practices that apply to the Website. It does not apply to information We collect in any other fashion.

You agree that by entering Your username and password and clicking on a "Login" or "Sign On" or similar button, or by clicking on an "Agree and Continue" or similar button when registering for or accepting any services offered or provided on the Website, You explicitly assent, without limitation or qualification, to the collection, use and transfer of the personal information provided by You in the manner described in this Privacy Policy. Please read this Privacy Policy carefully as it affects Your rights and liabilities under law. If You disagree with the way We collect and process personal information collected on the Website, We recommend that You do not use it.

Scope of this Policy

This policy applies to Pathfinder and its associated websites (collectively, the "Website") and covers the Website, which is owned by The After-School Corporation ("TASC" or "we" or "us" or other similar pronouns). It is TASC’s policy to comply with data protection legislation. This regulates the processing of information relating to You and grants You various rights in respect of Your personal data.

The Website may contain links to other websites over which We have no control. TASC is not responsible for the privacy policies or practices of other websites to which You choose to link from the Website. We encourage You to review the privacy policies of those other web sites so You can understand how they collect, use and share Your information.

Information We Collect and Retain

You do not have to give Us any personal information in order to perform job searches or to read the content portions of the Website. We may collect the following general types of information about You when You visit the Website: personal information, demographic information, behavioral information, and indirect information. Sometimes We collect combinations of all these types of information. In each case, it is indicated on the Website whether any personal or demographic data must be provided to use the requested service or not.

Personal information is information that can be used to identify You, or any other individual to whom the information may relate, personally. We do not collect personal information unless You choose to provide it to Us. Some examples of personal information that We may collect in some areas of the Website, depending on the services You use and local law, are:

• Your name

• Address

• Email address

• Telephone number

• Contact information

• Billing information

• Information about third parties, such as references or contacts, that You provide to Us if You have their express written consent to do so

Demographic information is information that is not unique to You in the sense that it refers to selected population characteristics, such as Your ZIP code or postal code, age, preferences, gender, race or ethnicity, occupation, career history, interests and favorites.

We may also collect behavioral information regarding how You use the Website, the areas of the Website that You visit, what services You access, and information about Your computer hardware and software including Your IP address, geolocation, browser and operating system type, domain names, access times and referring web site addresses. This information is necessary for analyzing the use of resources, troubleshooting problems, preventing fraud, and improving Our services.

In addition, We may collect indirect information about You when You use certain third party services on the Website. For example if You provide a title of ‘Mrs.’ We will assume You are female.

How Information is Used

We use the information We gather on the Website for the purposes of providing Our services, responding to any queries You may have, operating and improving the Website, fostering a positive user experience and delivering the products and services that We offer to jobseekers and employers. Our services may include the display of personalized products, content, and advertising relating to Your career experience and interests.

By registering with the Website, by managing Your profile, or opting in when presented with choices, You have consented for Us to use Your information, subject to local law, in the following ways:

• to allow You to create an account;

• to create a profile for You based on information that You have provided to Us;

• to contact You about Website updates, informational and service-related communications, including important security updates;

• to provide You additional communications, information, and promotions such as newsletters and career advice;

• to enable You to provide feedback, to contact Us and for Us to respond to You;

• to conduct surveys, questionnaires, promotions and contests, and to provide the results thereof such as success stories and contest winners;

• to provide information about You and Your potential interest in job postings to employer customers;

• to provide products and services to employer customers to complete the recruitment and hiring process;

• to provide products and services that enable users to network, post information on bulletin boards, view and compare profiles, and career background and experience; and

• to generate internal reports about the use of the Website.

Some of Our products and services enable third parties to see Your personal information and to contact You. Profile information may be used for networking with other community members or may be visible to employers who are using the Website.

Information You post in public areas of the Website will be accessed, used, and stored by others around the world, including countries that might not have legislation that guarantees adequate protection with respect to Your country of residence. By providing Your personal information for inclusion in Our database, You acknowledge that You consent to Your information being used as described here. While We take measures to safeguard Your information from unauthorized access or inappropriate use by third parties, We do not control these third parties and We are not responsible for their use of information You post or otherwise make available in public areas of the Website. Accordingly, You should ensure that You do not post sensitive information, including personality profiles, to the Website.

Disclosure of Information to Others

We disclose to third parties Your personal information, combined personal, demographic, behavioral or indirect information, as set forth below.

1. We may share Your information with third parties who help Us in the delivery of Our own products and services to You. We may disclose information to companies and individuals We employ to perform functions on Our behalf. Examples include hosting Our web servers, analyzing data, providing marketing assistance, and providing customer service. These companies and individuals may be located in a country whose data protection legislation is different from Your country, and they will have access to Your personal information as necessary to perform their functions, but they may not share that information with any other third party or use that data for any other purpose. We will remain the data controller and be responsible for any information shared in this way.

2. We may disclose such information to third parties if You consent to such disclosure. If You indicate by configuring Your profile that You would like to receive information about the opportunities, products or services of third parties, We may supply Your contact information to select third parties such as employers, recruiters, data aggregators, marketers or others for the purpose of sending Your e-mail or otherwise communicating with You. We use data We have about You (such as the interests and preferences You have expressed) to determine whether You might be interested in the opportunities, products or services of a particular third party.

We may also share aggregated anonymous information about visitors to the Website with Our clients or partners, other Website visitors, and other third parties so that they can understand the kinds of visitors to the Website and how those visitors use the Website. We may also aggregate on an anonymous basis data regarding job qualifications, schooling, age, experience level or other information relevant to the job search or competition among job seekers for any such job. Such data may be made available to employers or fellow job seekers or community members.

3. We disclose information if legally required to do so, or at Our discretion pursuant to a request from a governmental entity or if We believe in good faith – after considering Your privacy interests and other factors – that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect Our rights or property; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public. Because TASC is a U.S. company and information collected on the Website is stored in whole or in part in the United States, Your information may become subject to U.S. law.

4. We may disclose and transfer such information to a third party who acquires any or all of TASC’s business units, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of Our assets. In addition, in the event TASC becomes the subject of an insolvency proceeding, whether voluntary or involuntary, TASC or its liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of such information in a transaction approved by the court. You will be notified of the sale of all or a substantial portion of Our business to a third party by email or through a prominent notice posted on the Website.

Again, in each of these situations, the recipients of Your data may potentially be located in any country in the world. If You are a resident in any EU member state, for example, You must be aware that the EU authorities do not generally consider that the regulations of non-EU countries ensure an adequate or equivalent level of protection as compared to the EU data protection regulations.

Posting Your Information to Public Areas of the Website

Please remember that if You post any of Your personal information in public areas of the Website, such as in online forums or chat rooms, such information may be collected and used by others over whom We have no control. We cannot control the use made by third parties of information You post or otherwise make available in public areas of the Website.

Your Choices About Your Information

We may retain all the information We gather about You in an effort to make Your repeat use with Us more efficient, practical and relevant until You change or remove Your personal data as described below. You may have access to, review, correct, update, change or delete Your account profile information at any time. Simply log into Your account, go to Your profile, and make the necessary changes. Before providing You with a copy of Your personal information or correcting, updating or deleting such information, We reserve the right to verify and authenticate Your identity and the personal information to which You have requested access. Access to or correction, updating or deletion of Your personal information may be denied or limited by TASC if it would violate another person’s rights and/or as otherwise permitted by applicable law. We will respond to information access requests within 30 days of receipt. If We require additional time to provide access to Your information, We will acknowledge receipt of Your request within 30 days and promptly supplement Our response within the time period required by applicable law. We will respond to information access requests within 30 days of receipt. If We require additional time to provide access to Your information, We will acknowledge receipt of Your request within 30 days and promptly supplement Our response within the time period required by applicable law.

If You wish to delete or close Your account or account profile information altogether, please contact Us at pathfinder@tascorp.org. An email will be sent to You to confirm that Your personal information has been deleted (save for an archival copy which is not accessible by You or third parties on the Internet). The archival copy is retained only for as long as TASC reasonably considers necessary for audit and record purposes. We will retain logs, demographic, indirect, and statistical information about You and keep an archival copy of this information in an anonymized form. If Your personal information was previously accessed by others using the Website, We are not able to delete the information or copies thereof from their systems.

Deletion of expired accounts occurs on a periodic basis and includes the deletion of all applicable account data including contact information.

If You wish to revoke Your consent to Our Privacy Policy, please contact Us at pathfinder@tascorp.org. However, please note that if You do withdraw Your consent, You may not be able to use the relevant services and Your account and profile information will be deleted.

If You previously opted to receive newsletters, commercial e-mails or other communications from TASC or third parties, but subsequently change Your mind, You may opt-out by editing Your account profile as described above. If You previously opted not to receive such communications, You may later opt-in by editing Your account profile.

Security

You are responsible for ensuring that Your log-in credentials (Your username and password) are kept confidential.

TASC has implemented technical and organizational measures designed to secure Your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. Notwithstanding such measures, the Internet is an open system and We cannot guarantee that unauthorized third parties will never be able to defeat those measures or use Your personal information for improper purposes. Moreover, one of Our primary purposes is to provide You with a platform to broadcast the information in Your profile widely and to maximize Your career opportunities. Accordingly, such an environment does present a risk that unauthorized third parties will view this data.

We may also use cookies, web beacons, and Java Script to administer the Website and deliver a personalized experience. For additional detailed information on each of these, please see below.

Children

The Website is not intended for, nor do We knowingly collect information from, children under the age of 13.

Changes to Privacy Policy

If We decide to change the substance of the Privacy Policy, We will, where required, contact You via the email address that You maintain in Your profile. We will also post those changes through a prominent notice on the Website so that You will always know what information We gather, how We might use that information, and to whom We will disclose it.

Legal and Contact Information

Your data is submitted to TASC and is hosted and stored in a database on servers situated in the United States owned and maintained by Advomatic, whose principal place of business is at 29 Broadway, 29th Floor, New York, NY 10006. TASC, a New York corporation with its principal place of business at 1440 Broadway, 16th Floor, New York, NY 10018, USA, is the legal entity determining the purposes and means of processing the information gathered at the Website and is the data controller of all data stored in the Website database.

If, at any time, You have questions or concerns about this Privacy Policy or believe that We have not adhered to this Privacy Policy, please feel free to email Us at pathfinder@tascorp.org or contact Us at

The After-School Corporation

In-House Counsel

1440 Broadway, 16th Floor

New York, NY, 10018

By telephone: (646) 943-8700

By facsimile: (646) 943-8800

We will use reasonable efforts to answer promptly Your question or resolve Your problem.

Your California Rights

A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes ("California customer") is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.

However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer’s personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise that right.

We do not share information with third parties for their direct marketing purposes unless You affirmatively agree to such disclosure. If You do ask Us to share Your information with a third party for its marketing purposes, We will only share information in connection with that specific promotion, as We do not share information with any third party on a continual basis. To prevent disclosure of Your personal information for use in direct marketing by a third party, do not opt in to such use when You provide personally identifiable information on the Website. Please note that whenever You opt in to receive future communications from a third party, Your information will be subject to the third party's privacy policy. If You later decide that You do not want that third party to use Your information, You will need to contact the third party directly, as We have no control over how third parties use information. You should always review the privacy policy of any party that collects Your information to determine how that entity will handle Your information.

California customers may request further information about Our compliance with this law by e-mailing pathfinder@tascorp.org. Please note that We are only required to respond to one request per customer each year, and We are not required to respond to requests made by means other than through this e-mail address.

Cookies

The Website may use "cookies" to help personalize and maximize Your online experience and time online. A cookie is a text file that is either stored in Your computer’s memory temporarily (a "session" cookie) or placed on Your hard drive (a "persistent" cookie) by a web page server. Cookies are not used to run programs or deliver viruses to Your computer. Cookies are uniquely assigned to Your computer and can only be read by a web server in the domain that issued the cookie to You.

When You return to the Website, cookies enable us to retrieve the information You previously provided, so You can easily use the features that You customized. Because of Our use of cookies, We can deliver faster and more accurate results and a more personalized site experience. For example, if You personalize Website pages, or register for services, a cookie helps us to recall Your specific information (such as user name, password and preferences).

We may use "session" cookies, which are not permanently stored on Your hard drive. Session cookies expire after two hours of inactivity or when You close Your browser. When You carry out a job search or apply online a large amount of data is processed by Our system and transferred through each page of the search or application process. This information includes Your job search criteria, data that identifies the job You are applying for, Your right to work in the relevant country and the results of any questionnaire You have completed as part of the online application process as well as demographic information that is not unique to You. "Session" cookies allow us to keep track of this data until You have completed Your search or application. We may also use cookies to identify users who have been banned from using Our forums for behavior that contradicts Our terms of use and to track click streams, for load balancing and to enable You to navigate through the site using redirection pages.

We may also use "persistent" cookies to ensure that We do not show You pages that You have already seen and to personalize Your site experience and save You time. "Persistent" Cookies enable us to recognize whether You have responded to any poll or seen an advertisement or information notice placed on the site so that We do not show You the poll, advertisement or notice again the next time You visit Our site. If You are a recruiter and have an alliance arrangement in place with TASC We may also use "persistent" cookies to recall Your alliance status and display Your correct pricing information when You access Our site. The "persistent" cookies We use will remain on Your computer after You have left Our site and will expire when You log out of the Website or 60 days after Your last visit for security cookies, 90 days after Your last visit for poll response and alliance cookies, or two years after Your last visit for advertisement and information notice cookies.

We may also allow other companies to display advertisements to You while You are visiting the Website. Because Your web browser must request these advertisements from the other companies’ servers, these companies can view, edit or set their own cookies, just as if You had requested a web page from their site. TASC has no control over, and is not responsible for, the practices of those third party advertisers. TASC encourages You to review the policies of such advertisers.

We may use persistent cookies and related technologies (such as web beacons described below) to determine and track direct and indirect candidate application traffic in response to job postings.

You have the ability to accept or decline cookies at any time by modifying Your browser settings. If You choose to decline cookies, however, that may hinder performance and negatively impact Your experience on the Website.

Additionally, the Website may use "Flash cookies", also known as "Local Shared Objects", to preserve video player settings and for user authentication purposes. You can adjust Your settings for Your Flash cookies here.

Web Beacons

Web pages on the Website may also utilize electronic images known as Web beacons (sometimes called single-pixel gifs, clear gifs or action tags) that allow us to collect certain information about users’ visits to these web pages (including the number of users who have visited those pages), measure and improve the effectiveness of advertisements and job postings, and deliver co-branded services. Web beacons are not used to access Your personally identifiable information; they are a technique used to compile aggregated statistics about web site usage. Web beacons collect only a limited set of information including a cookie number, time and date of page view and a description of the page on which the Web beacon resides. This information may be shared with third party processors for processing on behalf of TASC, as well as with clients, partners, and other third parties so that they can understand the kinds of visitors to the web pages, how those visitors use those web pages, and the effectiveness of their advertisements and job postings.

You cannot opt out or refuse Web beacons. However, they can be rendered ineffective by either opting out of cookies or changing the cookie setup in Your browser.

JavaScript

The Website may also use JavaScript, for example, within certain advertisements. JavaScript is a script language that enhances the functionality of websites, particularly in respect to pictures. We are not collecting any personal data via JavaScript but use it to inform employers about how many applicants have clicked on email addresses embedded in their job ads, for example. You may deactivate JavaScript via Your browser settings or activate it the same way. If You disable JavaScript You may not be able to use some of the functions of the Website.