Education Path Finder

TERMS OF USE

Terms of Use constitute an agreement (this “Agreement” or these “Terms of Use”) by which each User (as such term is defined herein) shall be bound. Failure to abide by any of the terms or conditions set forth in this Agreement shall be grounds for Education Path Finder, Inc. (the “Company”) to deny access to the Site (as such term is defined herein). Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may neither use nor access our services. The Terms of Use are subject to change by the Company at any time, effective upon posting on the Site, and your use of the Site after such posting will constitute acceptance by you of such changes.

1. Site. The Company owns and operates a website commonly known as “EduPathFinder.com” (the “Site”).

2. User. An individual person that enters PII (as such term is defined in the accompanying Privacy Policy) for the purpose of receiving communications from the Company and/or from third party providers of goods and services (“Third Party Providers”), is defined herein as a “User.”

3. Service. The Site offers Users an opportunity to learn about goods and services provided by Third Party Providers, and to enter their PII on the Site so as to receive communications from the Company and/or such Third Party Providers (the “Service”).

4. Non-Commercial Use by Users. The Site is for the personal use of individual Users only, and it may not be used by any User connection with his or her promotion of any commercial endeavors. Organizations, companies, and/or businesses may not become Users and should not use the Site for any purpose. Illegal and/or unauthorized uses of the Site, including the collecting or attempted collecting of any User’s PII by electronic or other means for any purpose may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Site is with the permission of the Company, which may be revoked at any time, for any reason, in the Company’s sole discretion.

5. Bona Fide Use. As a User of the Site, you will submit only true and correct PII that is personal to you. In addition, your use of the Site must be for the bona fide purpose of receiving the Service.

6. YOUR INTERACTIONS WITH OTHER THIRD PARTY PROVIDERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OF THE THIRD PARTY PROVIDERS. YOU UNDERSTAND THAT THE COMPANY DOES NOT IN ANY WAY SCREEN ITS THIRD PARTY PROVIDERS, NOR DOES THE COMPANY INQUIRE INTO THE BACKGROUNDS OF SUCH THIRD PARTY PROVIDERS OR ATTEMPT TO VERIFY THE STATEMENTS, REPRESENTATIONS OR WARRANTIES OF SUCH THIRD PARTY PROVIDERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THIRD PARTY PROVIDERS, THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS, OR THE QUALITY OF ANY GOODS OR SERVICES OFFERED BY ANY THIRD PARTY PROVIDERS. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO ANY ACT OR OMISSION OF ANY THIRD PARTY PROVIDER, OR ANY GOODS OR SERVICES OF ANY THIRD PARTY PROVIDERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH THIRD PARTY PROVIDERS. YOU UNDERSTAND THAT THE COMPANY MAKES NO WARRANTIES OR GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OR APPROPRIATENESS OF ANY OF THE GOODS OR SERVICES OFFERED BY ANY THIRD PARTY PROVIDER TO ANY USER.

7. Content on EduPathFinder.com.

(a) Proprietary Rights. The Company owns and retains all proprietary rights in the Site. The Site contains the copyrighted material, trademarks, and other proprietary information of the Company and certain Third Party Providers. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

(b) Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Site (including, without limitation, from Third Party Providers) are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will the Company or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on or available through the Site.

(c) Links to Third Party Provider Websites/ Dealings with Advertisers. The Site may contain links to World Wide Web sites of Third Party Providers (including without limitation, advertisers) which are not under the control of the Company. You acknowledge and agree that the Company is not responsible or liable for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. Your correspondence or business dealings with, or participation in promotions of, Third Party Providers (including, without limitation, advertisers) found on or through the Site are solely between you and such Third Party Providers. You further acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site, including the sharing of the information you supply to the Company with Third Party Providers (including, without limitation, advertisers), or as the result of the presence of such Third Party Providers on the Site. Please visit our Privacy Policy to learn more about how we use your information.

8. Representations, Warranties and Covenants of User. Each User hereby represents, warrants and covenants to the Company as follows:

(a) All PII posted by you shall be true and correct. If any such PII shall no longer be true and correct, it shall be your responsibility to unsubscribe from the Site, and, at your option, re-register on the Site with true and correct PII.

(b) By entering PII onto or through the Site, you automatically grant, and represent and warrant that you have the right to grant, to the Company, its affiliates, licensees and successors, and all Third Party Providers, an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing, in accordance with the terms of the Privacy Policy.

(c) You acknowledge that the Company does not accept onto the Site any submission of a User that: (i) contains libelous, indecent, obscene or pornographic material, hate speech, highly explosive subject matter (as determined by the Company, in its sole discretion), or any illegal subject matter or activities; (ii) violates any law or regulation governing false or deceptive advertising, comparative advertising or trade disparagement; (iii) contains any misrepresentation, or content that is defamatory or violates any rights of privacy or publicity; (iv) infringes on any copyright, trademark, patent or other proprietary right, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; (v) contains any “worm”, “virus” or other device that could impair or injure any person or entity; (vi) harasses or advocates harassment of another person; (vii) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming;” (viii) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (ix) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or (xi) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes (collectively referred to as the “Prohibited Content”). You shall not post any Prohibited Content anywhere on the Site.

(d) You are solely responsible for any and all legal liability arising out of or relating to your breach of any term or condition set forth in this Agreement, including, without limitation, your posting of Prohibited Content anywhere on the Site. You hereby agrees to indemnify, defend and hold harmless the Company and its officers, other Users, directors, agents, employees and independent contractors from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings (i) for libel, defamation, violation of right of privacy or publicity, breach of contract, copyright infringement, trademark infringement or other infringement of any third party, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule or regulation throughout the world in connection with your use of the Site; (b) arising out of any breach by you of any representation, warranty or covenant under this Agreement; or (c) relating to a contaminated file, virus, worm, or Trojan horse originating from a posting made by you on the Site.

9. NO WARRANTIES; LIMITATION OF LIABILITY. THE SERVICE IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH REGARD TO THE SITE OR ANY COMPONENT THEREOF, THE COMPANY MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT INFORMATION DERIVED FROM THE SITE, DIRECTLY OR INDIRECTLY, WILL FULFILL ANY USER’S PARTICULAR PURPOSES OR NEEDS, OR THAT SUCH INFORMATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF THE SITE SHALL BE AT EACH USER’S OWN DISCRETION AND SOLE RISK. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL FROM OR THROUGH THE SITE. THE COMPANY SHALL IN NO EVENT BE LIABLE FOR ANY ACTUAL, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST INCOME, LOST REVENUE, LOST PROFITS, OR ANY CLAIM OR DEMAND AGAINST ANY USER BY ANY THIRD PARTY, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, REGARDLESS OF FORESEEABILITY AND EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN ADDITION TO THE FOREGOING AND OTHER PROVISIONS OF THIS AGREEMENT, ANY ADVICE THAT MAY BE POSTED ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY PROFESSIONAL FINANCIAL, MEDICAL, LEGAL, OR OTHER ADVICE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE.

10. Links. The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, goods, services or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, advertising, products, goods or services available on or through any such site or resource.

11. Inconsistency. In the event of any inconsistency between the Company’s Privacy Policy and this Agreement, this Agreement shall control.

12. Modifications. The Company may modify this Agreement at any time, and without prior notice, by posting amended terms on the Site. Your continued use of the Site indicates your acceptance of the amended Agreement.

13. Eligibility. You must be at least eighteen (18) years of age use to register as a User or use the Site. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

14. Refusal of Service. The Company may prohibit any party to use the Site, or any reason whatsoever or for no reason.

15. Disclosure By Law. You acknowledge and agree that the Company may disclose information you provide (including, without limitation, PII) if required to do so by law, at the request of a third party (including, without limitation, law enforcement agencies), or if the Company, in its sole discretion, believes that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement; (ii) protect or defend the Company’s, or a third party’s rights or property; or (iii) protect someone’s health or safety, such as when harm, violence or abuse against any person (including the User) is threatened.

16. Termination. You acknowledge and agree that the Company may, with or without cause, immediately terminate your access to the Site without prior notice. The Company is not required, and may be prohibited, from disclosing a reason for the termination of your access. Reasons for termination shall include, without limitation, (i) breaches or violations of this Agreement the Company’s policies as may be in effect from time to time, (ii) requests by any governmental agency, (iii) technical problems, and (iv) extended periods of a User’s inactivity. The Company may terminate your use by sending notice to you at the email address you provide in your registration with the Site, or such other email address as you may later provide to the Company. All decisions regarding the termination of your access shall be made in the sole discretion of the Company. Even after your access is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. You may unsubscribe to the Site by clicking here: [UNSUBSRIBE].

17. Blocking of IP Addresses. In order to protect the integrity of the Site, the Company reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Site.

18. Privacy. Use of the Site and/or the Service is also governed by our Privacy Policy.

19. Activity Monitoring. Although the Company has the right to monitor activity and content associated with the Site, the Company is under no obligation to do so.

20. Governing Law and Jurisdiction. This Agreement shall be construed and enforced in accordance with the laws of the State of Delaware, without regard to the conflicts of law provisions of such State. The parties agree that federal and state courts having located within or having jurisdiction over New Castle County, State of Delaware, shall have exclusive jurisdiction over disputes arising hereunder, and all Users waive any defense of personal or subject matter jurisdiction in those courts.

21. 21. Severability. This Agreement shall be construed and enforced in accordance with the laws of the State of Delaware, without regard to the conflicts of law provisions of such State. The parties agree that federal and state courts having located within or having jurisdiction over New Castle County, State of Delaware, shall have exclusive jurisdiction over disputes arising hereunder, and all Users waive any defense of personal or subject matter jurisdiction in those courts.

22 No Waiver. No waiver of any breach of any provision of this Agreement by the Company shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the Company.

23 Entire Agreement. This Agreement contains the entire agreement between you and the Company regarding the use of the Site.

Please contact us at info@EduPathFinder.com with any questions regarding this Agreement.

PRIVACY POLICY

Education Path Finder, Inc (the “Company”) respects the privacy of our users and has developed this privacy policy (this “Privacy Policy”) to demonstrate its commitment to protecting your privacy. This Privacy Policy is intended to describe for you, as an individual who is a user of the EduPathFinder.com website (the “Site”), the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures. By using the Site, you are accepting the practices described in this Privacy Policy.

This Privacy Policy contains information concerning the following:

• What personally identifiable information (“PII”) is collected on the Site, and how the same will be used
• Identity of the party collecting PII
• Sharing of PII with third parties
• Use of tracking technology
• Supplementing of PII with information from other sources
• Choice options available to users of the Site
• How users can change PII they have provided
• Security measures in place
• Procedures for filing and addressing complaint

The Company, which owns and operates the Site, adheres to the following principles to protect your privacy:

• We will never rent or sell your PII to third parties for marketing or other purposes, unless you have opted to permit us to do so.
• We will never share your contact information with another user of the Site without your consent.
• Any sensitive information that you provide will be secured with all industry standard protocols and technology.

Notice of all changes that materially affect ways in which PII may be used or shared will be posted in updates to the Company’s Privacy Policy, and continued use of the Site shall be deemed your consent to any such changes.

COLLECTION OF PII

Information You Provide

We may collect and store any PII you enter on the Site or provide to us in some other manner, including, without limitation, by your completing surveys accessed through the Site. The PII may include, without limitation, your full name and address, your email address, phone number, age and gender, educational background and goals, and various financial data. After entering PII, you will be given the option of permitting us to disclose, share, rent and/or sell your PII with third parties.

Information collected automatically:

We automatically collect information from your browser when you visit the Site. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see “Cookies” below), and the referring website address.

Cookies and Log Files:

Like most web sites, the Site uses cookies and web log files to track Site usage, to facilitate access to the Site and to personalize your online experience. A cookie is a tiny data file which resides on your computer which allows the Company to recognize you as a user when you return to the Site using the same computer and web browser. Through the use of a cookie, we also may automatically collect information about your online activity on the Site, such as the web pages you visit, the links you click, and the searches you conduct on the Site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website. If your browser settings do not allow cookies, you will not be able to use the Site. As with information you enter at registration, cookie and log file data is used to customize your experience on the Site.

One type of cookie, known as a “persistent” cookie, is set once you’ve logged into the Site. The next time you visit the Site, the persistent cookie will allow the Company to identify you as an existing user so you will not need to log in before using the service. In order to change any of your PII, however, you must unsubscribe from the Site and then re-register, even if your computer contains your persistent cookie. Another type of cookie, called a “session” cookie, is used to identify a particular visit to the Site. Session cookies expire after a short time or when you close your web browser.

Due to the communications standards on the Internet, when you visit the Site we automatically receive the URL of the site from which you came and the site to which you are going when you leave the Site. We also receive the internet protocol (IP) address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, as well as the name of your internet service provider (ISP). This information is used to analyze overall trends to help us improve the Site. The linkage between your IP address and your personally identifiable information is never shared with third-parties without your permission or except when required by law.

Web Beacons:

We allow other companies, called “ad” (i.e., advertising) networks, to serve advertisements to the Site’s users. Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms. The Company may “target” some ads to users that fit a certain general profile — for example, “returning students in Mississippi.”

To deliver these ads properly, the Company may include a file (known as a web beacon) from these ad networks within pages served by the Company so the ad networks may provide anonymized, aggregated auditing, research and reporting for advertisers as well as to target ads to you while you visit other websites.

Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their sites.

These general targets may also be used by ad networks to display targeted ads on other websites as a substitute for random, irrelevant ads. The Company never provides PII to any advertiser or to any third party unless you have opted to permit us to do so.

Information collected by third-parties

We may allow third-parties, including our authorized service providers, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements (however, we do not provide any PII to these third parties, unless you have opted to permit us to do so). This information allows them to deliver targeted advertisements and gauge their effectiveness. Some (but not all) of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org).

Children:

Children are not eligible to use the Site, and the Company requests that minors (under the age of 18) do not submit any PII to us.

INFORMATION USE

We may use information that we collect about you to:

• deliver the products and services that you have opted to receive from the Company and/or advertisers on the Site;
• perform research and analysis about your use of, or interest in, the Company’s products, services, or content, or products, services or content offered by others;
• communicate with you by e-mail and/or postal mail, and/or telephone about products or services that may be of interest to you either from us or our advertisers (and such communications may be generated by third parties on the Company’s or our advertisers’ behalf);
• develop and display content and advertising tailored to your interests on the Site and other sites;
• enforce our terms and conditions;
• manage our business; and
• perform functions as otherwise described to you at the time of collection.

Communications

The Company may communicate with you through email and notices posted on the Site. The Company may send you promotional information unless you have opted out of receiving such information. If you wish to opt-out of receiving promotional emails, please click here:

INFORMATION SHARING

Sharing Information with Others

The Company will not sell, rent, or otherwise provide your PII to any third parties for marketing purposes unless you permit us to do so. We will only share your PII with third parties to carry out your instructions and to provide specific products and/or services.

The Company may provide aggregated data about the usage of our services to third-parties for such purposes as the Company deems, in our sole discretion, to be appropriate. The Company may segment our users by gender, age, geographic location and so forth. If you would like to be excluded from the aggregated research or products based upon aggregated data about our users’ activities on the Site, please email customer service.

Partnering with Other Companies to Offer Combined Services

The Company may partner with other online services to give you the combined results of both services. If the Company offers such combined services, it will be your choice to make use of the combined services or not. In these cases, your PII will only be passed from the Company to the partner if you choose to use the combined service.

Third-Party Websites

There are a number of places on the Site where you may click on a link to access other websites that do not operate under this Privacy Policy. For example, if you click on an advertisement on the Site, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about your activities on those websites. We strongly recommend that you consult the privacy statements of all third-party websites you visit by clicking on the “privacy” link typically located at the bottom of the webpage you are visiting. Any personal information that you enter on a third-party website shall not be governed by this Privacy Policy.

Legal Disclaimer

It is possible that we may need to disclose personal information when required by law. We will disclose such information wherein we have a good-faith belief that it is necessary to comply with a court order, ongoing judicial proceeding, or other legal process served on our company or to exercise our legal rights or defend against legal claims.

UNSUBSCRIBING AND CHANGING YOUR INFORMATION

You can change the PII you provided us by unsubscribing from the Site, and then re-registering through the Site. If you unsubscribe from the Site, we may retain certain data contributed by you if it may be necessary to prevent fraud or future abuse, enforce our terms and conditions, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, data recovery, to protect the integrity of the Site or our users, or if required by law. All retained data will continue to be subject to the terms of our Privacy Policy that you have previously agreed to. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties’ policies. To unsubscribe from the Site and request that we remove your information from the Site, please click here: [UNSUBSCRIBE]. Alternatively, you may send your request to info@EduPathFinder.com using an email account that you have registered with the Site under your name. You will receive a response to requests sent to info@EduPathFinder.com within three business days of our receiving it.

SECURITY

Sensitive data is protected by SSL encryption when it is exchanged between your web browser and the Site. Only authorized employees are permitted to access personal information, and they may do so only for permitted business functions. To protect any data you store on our servers we also regularly audit our system for possible vulnerabilities and attacks and we use a tier-one secured-access data center.

We want you to feel confident using the Site. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your PII, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their PII, and they should avoid sending personal information through insecure email.

NO RIGHTS OF THIRD PARTIES

This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Site.

CHANGES TO THIS PRIVACY POLICY

The Company may update this Privacy Policy. In the event there are material changes in the way we collect, use, share and/or treat your personally identifiable information, we will display a notice on the Site. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you.

QUESTIONS OR COMMENTS

If you have questions or comments about this privacy policy, please email us at info@EduPathFinder.com or contact us at:

Education Path Finder, Inc.

Attn: ________________

Address: 23164 Commerce Drive, Farmington Hills, Michigan 48335