Terms & Policies

MyScholar LLC. is providing you with access to our ScholarPath platform ( “ScholarPath” or the “Services”). These terms of use (“Terms of Use” or “Terms”) govern your use of the ScholarPath. By accepting these Terms and Conditions, you acknowledge that you have read and understood these Terms and our MyScholar FERPA and Privacy Policy (and incorporated herein by reference) and agree to comply with them.

USER ACCOUNT: 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.

ALLOWABLE USES FOR PATHWAY PROVIDERS: You are being provided access to ScholarPath and our Services solely for the purpose of recruiting high school students interested in your opportunity. More specifically, you may:

• Create a profile of your company, trade, or organization
• Create a Preferred Student Profile of preferred education, skills, certifications, and personal behavior for participation in your opportunity
• Present descriptive material and Opportunities for viewing by student users
• View de-individualized information of Student Users, in aggregate and individually;
• Message to Student Users that match your criteria, have an interest in your field or that have expressed an interest in your company, trade, or organization
• Communicate with students that have agreed to communicate with, IF the student’s parent or legal guardian authorizes the communications

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:

1. Solicit personally identifying information or passwords from anyone student for any reason
2. 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
3. Transmit, post, distribute or store information about ScholarPath Student Users, in violation of any applicable law or regulation, including but not limited to the Family Educational Rights and Privacy Act (“FERPA”), the Children’s Online Privacy Protection Act (COPPA), other applicable state and federal laws and regulations that regulate/protect the collection and use of personal information of students, or in breach of MyScholar’s data privacy policy, (link), which is included in the Terms and Conditions
4. Intimidate, “stalk” or harass another
5. Use the Services or Site 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;
6. 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
7. 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
8. Register a User Account on behalf of an individual other than yourself, or register a User Account on behalf of any group or entity
9. Post or transmit unsolicited messages, emails, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
10. 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
11. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services or posted to ScholarPath
12. 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

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. 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. 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 the right to display the User Content in connection with ScholarPath

LIMITED LICENSE: Except for User Content and Third-Party Content, all content on ScholarPath 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. 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 and may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.

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. 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.

TRADEMARKS: The ScholarPath logo is the trademark of MyScholar LLC. ScholarPath TM, ScholarPath, and other ScholarPath graphics, logos, designs, page headers, button icons, scripts and Services names are either registered trademarks, trademarks or trade dress of ScholarPath in the U.S. and/or other countries. Nothing should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks and Services marks displayed on this Site, without ScholarPath’s prior written permission in each instance.

SUBMISSIONS: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about ScholarPath (“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: ScholarPath 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.

DISCLAIMERS: Disclaimer of Warranties — This Services is available “as is”. We do not warrant that this Services will be uninterrupted or error-free. 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 this Service 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.

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 MYSCHOLAR, 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

DISPUTE RESOLUTION/GOVERNING LAW: For any legal actions, you 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. You agree to waive any and all rights we may have to trial by jury.

AMENDMENTS & MODIFICATIONS: ScholarPath reserves the right to amend the information, services, and/or content of this Service. The information and materials contained in this Service, 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 Agreement, a notice will be posted to the Service. If you use this Services after we post changes to the terms, you agree to accept the changed terms. ScholarPath expressly reserves the right to monitor any and all use of this Service.

CONTACT US Contact us if you have any questions regarding Terms and Conditions while using ScholarPath, or have questions about our practices.

Please contact us via email at: info@scholarpath.com

Below are the Allowable Use and User Conduct sections of the MyScholar Terms and Conditions, last updated June 18, 2021. Please see the full Terms and Conditions, which govern your use of the ScholarPath platform.

ALLOWABLE USES FOR PATHWAY PROVIDERS

Pathway Providers are being provided access to ScholarPath and our Services solely for the purpose of recruiting high school students interested in your opportunity. More specifically, you may:

• Create a profile of your company, trade or organization;
• Create a preferred Student profile of preferred education, skills, certifications and personal behavior for participation in your opportunity;
• Present descriptive material and opportunities for viewing by student users;
• View de-individualized information of Students, in aggregate and individually;
• Message to Students that match your criteria, have an interest in your; field or that have expressed an interest in your company, trade or organization when such functionality is provided and Parent consent is obtained; and
• Communicate with students that have agreed to communicate with you, but only if the student’s parent or legal guardian authorizes the communications.

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:

1. Solicit personally identifying information or passwords from any other User for any reason;
2. 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;
3. Transmit, post, distribute or store information about ScholarPath Students, in violation of any applicable law or regulation, including but not limited to the Family Educational Rights and Privacy Act (“FERPA”), the Children’s Online Privacy Protection Act (COPPA), other applicable state and federal laws and regulations that regulate/protect the collection and use of personal information of students, or in breach of MyScholar’s data privacy policy [link], which is included in the Terms of Use;
4. Intimidate, “stalk” or harass another User;
5. Use the Services or Site 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;
6. 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;
7. 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;
8. Register a User Account on behalf of an individual other than yourself, or register a User Account on behalf of any group or entity;
9. Post or transmit unsolicited messages, emails, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
10. 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;
11. Engaging in activity that compromises the Site. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, mail bombing or crashing, or introducing malware;
12. Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding;
13. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services or posted to ScholarPath; or
14. 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.

MyScholar, in its role as a vendor to public and private educational agencies and institutions, (“Educational Agencies”), receives disclosures from the Educational Agencies, which include the personal information and other data (“Student Data”) contained in student records and receives disclosure directly from students and parents of students. Only information that is needed for MyScholar to perform services, which are outsourced to MyScholar by the Educational Agencies, is disclosed to MyScholar. MyScholar considers Student Data to be strictly confidential and will not use Student Data for any purpose other than providing and improving our products and services to the Educational Agencies or on the Educational Agencies’ behalf. Our collection, use, and sharing of Student Data is governed by our contracts with the Educational Agencies, the provisions of FERPA, the Children’s Online Privacy Protection Act (COPPA), and other applicable state and federal laws and regulations that regulate/protect the collection and use of personal information of students. MyScholar, as a contractor to the Educational Agency, receives the disclosures on the same basis as school officials employed by the Educational Agency, consistent with FERPA regulations, 34 CFR §99.31(a)(1)(i)(B). Consistent with those regulations, MyScholar has a legitimate educational interest in the information to which it is given access to because the information is needed to perform the outsourced service. MyScholar is under the direct control of the Educational Agency in using and maintaining the disclosed education records, consistent with the terms of its contract.

MyScholar is subject to the same conditions on use and redisclosure of education records that govern all school officials, as provided in 34 CFR §99.33. In particular, MyScholar must ensure that only individuals that it employs or that are employed by its contractor, with legitimate educational interests – consistent with the purposes for which MyScholar obtained the information -obtain access to Personally Identifiable Information (PII) from education records it maintains on behalf of the district or institution.

MyScholars application is a tool to help high school students imagine, research, plan and fund their future, allows Universities, Colleges, Trade Schools, Employers, Trades, Military and Public Services (“Pathway Providers”) to present relevant information to students within the application. . The opportunities provided to students by these Pathway Providers constitute a component of MyScholar’s service. Pathway providers are able to view aggregated data on students within the platform. Pathway providers are also able to broadcast messages to students based on this aggregated data. Messaging is “blind” – Pathway Providers are not able to see any information on individual students. However, Pathway Providers are able to target the messaging to students that match the Pathway Provider’s preferred student profile.

MyScholar receives from the Educational Agency the student’s parent or designated guardians. Parents or designated guardians of students under the age of 18 are able to view their children’s PII in the application. Parents or designated guardians of students 18 or over may only view their child’s PII with the approval of the student.

In accordance with FERPA regulations 34 CFR §99.33(a) and (b), MyScholar may not disclose PII without consent of a parent or an eligible student (meaning a student who is 18 years old or above or is enrolled in postsecondary education) unless the agency or institution has authorized the redisclosure under a FERPA exception and the agency or institution records the subsequent disclosure. MyScholar can allow limited communications between students and Pathway providers within its application. If a student is interested in a Pathway Provider and a match with the Pathway Provider’s preferred student profile, only the student may initiate communications with the Pathway Provider. The student’s first name, last initial, grade, and school are displayed to the Pathway Provider. MyScholar only enables communications if the parent or designated guardian of the student has authorized the student to communicate with Pathway Providers.

MyScholar will not sell or otherwise use or redisclose education records for targeted advertising or marketing purposes. MyScholar uses data within its products only to deliver the services contracted by the educational institution. MyScholar may use anonymized, non-PII data internally to improve the products and services it delivers to Educational Agencies and Pathway Providers.

MyScholar employs extensive technological and operational measures to ensure data security and privacy, including advanced security systems technology, physical access controls, and annual privacy training for employees and partners, and criminal background checks of all employees. The organization will undergo annual security audits including an external SOC 2 Type II audit demonstrating adherence with the security principle set forth in TSP section 100, Trust Services Principles, Criteria, and Illustrations for Security, Availability, Processing Integrity, Confidentiality and Privacy (AICPA, Technical Practice Aids). All data is housed within the United States in Amazon FERPA- compliant servers. Details about audits and company policies which support the MyScholar security programs are available to Educational Agencies under a non-disclosure agreement and sunshine law.

All employees of MyScholar are required to sign an Acknowledgement and Agreement of Policies that commits the employees to comply with MyScholar’s data privacy and security policies and receive required annual security and privacy training, including commitments and training regarding the prohibition on disclosure of student data.

MyScholar does not own any of the student data or Educational Agency-created data within its products. These data within the products are property of, and under the control of the Educational Agency. The collection, input, use, retention, disposal, and disclosure of any information in our software applications are controlled solely by the Educational Agency which license our products. MyScholar cannot delete, change, or disclose any information from our application controlled by the Educational Agency, except for the uses explicitly noted in this FERPA Compliance and Student Data Privacy Policy.

In the event MyScholar becomes aware of a data breach or inadvertent disclosure of PII, MyScholar shall take immediate steps to limit and mitigate such security breach to the extent possible. A senior executive of MyScholar will notify a senior member of the affected Educational Agency’s leadership team, ideally the Superintendent or similar chief executive. This typically will occur within 24 hours of confirmation of the event and would include the known relevant details. The Educational Agency and MyScholar will work cooperatively in determining an action plan, including any required notification of affected persons. In the event that MyScholar is at fault for the breach or disclosure, MyScholar carries a $1,000,000 cyber-liability insurance policy that provides for a number of potential remedies, such as credit monitoring for affected parties, fraud coverage, crisis management communications coverage, business interruption coverage, and data restoration coverage, among others.

In the event of termination of a license to use our products, MyScholar works with the Educational Agency, in accordance of the terms of the Educational Agencies contract, to destroy all student records contained in our systems and then will permanently delete all archival or backup copies of the agency’s or institution’s data. MyScholar shall not knowingly retain copies of any data or information received from Educational Agency once Educational Agency has directed MyScholar as to how such information shall be returned and/or destroyed. Furthermore, MyScholar shall ensure that it disposes of any and all data or information received from Educational Agency in a commercially reasonable manner that maintains the confidentiality of the contents of such records (e.g. shredding paper records, erasing and reformatting hard drives, erasing and/or physically destroying any portable electronic devices). At the request of the Educational Agency, MyScholar will provide a written certification of confirmation of destruction.

MyScholar may, from time to time, update this policy to be in compliance with evolving state and federal laws and regulations. We will not materially change our policies and practices to make them less protective of your privacy without the written consent of the Educational Agency and the Educational Agency may rely upon any and enforce any current or prior version of this policy unless otherwise agreed to in writing

CONTACT US

Contact us if you have any questions regarding FERPA Compliance and Student Data Privacy Policy while using ScholarPath, or have questions about our practices.

Please contact us via email at: info@scholarpath.com