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© Wayfinder, 2022Sche
The following are the terms of service (“Terms of Service”) that define the relationship between Project Wayfinder, Inc. (doing business as Project Wayfinder (“Company,” “Project Wayfinder,” “we,” or “us”)) and you, and govern your use of Project Wayfinder’s services.
Last Updated: July 20, 2022
Thank you for your interest in Project Wayfinder, which owns and operates the services offered on including the Project Wayfinder informational website available at www.withwayfinder.com (“Project Wayfinder Website”), including the Project Wayfinder Education Services available at https://app.withwayfinder.com/ “EducationServices”), and any associated mobile applications or products and services that Company may provide now or in the future (collectively, the “Services”).
These Terms of Service contain general terms that apply to you as a user of the Project Wayfinder Service ("User"), along with additional terms that may apply to you as a User registered as a teacher, school leader, aide, or other similar personnel ("School Personnel”).
Project Wayfinder may discontinue, temporarily or permanently, theServices for any reason, at our sole discretion, with or without notice to you.
If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to the Agreement. If you don’t get your parent or guardian to read and agree to the Agreement, you don’t have permission to use the Service.
If you are entering into this Agreement on behalf of a company or other legal entity (including if you are School Personnel entering on behalf of your school), you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms“you”, “your” or “User” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service.
Basically, by using or signing up for Project Wayfinder, you agree to these terms. If you are underthe age of 18, your legal guardian or parent will need to review and agree tothe Agreement on your behalf.
When you sign up to use a Service that requires registration, we ask you to create a username and password and provide certain other personal information (such as your first and last name, and email address). Your personal information will be protected by Project Wayfinder in accordance with the terms of its Privacy Policies.
Students: if you are a student accessing the Service at the invitation of a teacher or other school official, the following terms apply to you.
(i) Account Creation: Only students who have been given access to the Service by their teacher, school, or district may use the Service. You may not access or use the Service unless you are given access to the Service by a teacher, school, or district who is authorized to give you access to the Service (including creating your student account on your behalf to allow you to login).
(ii) Information Provided to Project Wayfinder: We request minimal personal information to be provided from students to use the Service. If you are under 13 years of age, and you want a student account on Project Wayfinder, you will need to have the student account created at school by your teacher (only after the teacher represents to Project Wayfinder that they have obtained any necessary parental consent or acted as the agent of the parent and consented on their behalf).
Basically, students: if you want to create a Project Wayfinder account, your account must be set up by a teacher. If you’re under 13, your school must have obtained your parent’s consent or acted as their agent and consented on their behalf.
School Personnel: If you are a School Personnel accessing the Service on behalf of a school, school district, or other similar educational institution (the "Institution"), the following terms apply to you:
(i) Permissions and Authority: You agree that you are acting on behalf of (or have received all necessary permission from) your Institution to enter into this Agreement and to register and use the Service as part of your curriculum. Only School Personnel who are current employees of the Institution may use the Service on the Institution's behalf. The School Personnel is responsible for obtaining any necessary approvals from their school's authorities and administrators before using the Service. Upon termination of a School Personnel or other staff member's employment with the Institution, such individual must return and cease using all login details and student access he or she has in his or her possession. If at any time you learn a User of the Service claims to be affiliated with your Institution who is not, in fact, affiliated with your Institution, you will notify Project Wayfinder immediately at email@example.com
(ii) Students under 13: You further understand and acknowledge that COPPA prohibits online service providers from knowingly collecting personal information from children under 13 years of age without School Consent and you understand that we will not let children under the age of 13 use certain features of the Service unless you obtain School Consent. Project Wayfinder will not provide use of student accounts or access to the Service to children under the age of 13 if we learn that you have not obtained School Consent. You agree that you will not knowingly create a child’s student account on their behalf or allow the child to use the Service in the classroom until you have obtained School Consent.
You understand and agree that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you will be solely responsible to Project Wayfinder for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you shall notify Project Wayfinder immediately through this website.
Basically, in addition to these terms, please read our Informational Website and Education Services Privacy Policies which outline our practices towards handling any personal information that we may collect.
Basically, FERPA gives parents and students certain rights over their education records. FERPA requires schools to not share personally identifiable information in education records without either meeting an exemption or obtaining parental permission. So, if a teacher provides student information to Project Wayfinder, the school must either meet an exemption or obtain the appropriate permission in advance.
Basically, if you want to use third-party services through your Project Wayfinder account (e.g., Google Log-in or Clever), we’ll help you connect your account to those services so you can use them, and you are giving us permission to store and use certain information already associated with your authentication service. You can revoke our access to this account by updating your settings in your authentication service account.
You further acknowledge: (a) you have no interest in Project Wayfinder’s logo and other marks; (b) Project Wayfinder will remain the sole owner of interest in its marks; and (c) all goodwill in Project Wayfinder’s marks will inure solely to the benefit of Project Wayfinder. You will comply with any reasonable trademark guidelines of Project Wayfinder.
“Confidential Information” shall include, by way of example but without limitation, business plans, data, know-how, financial information, artwork, formulas, algorithms, processes, designs, sketches, photographs, plans, drawings, product concepts, specifications, samples, reports, vendor, customer and distributor names, pricing information, market definitions, inventions, and ideas. The parties agree that the following information shall be included, without limitation, in the definition of Confidential Information: (A) schematics, techniques, development tools and processes, computer printouts, computer programs, design drawings and manuals, and improvements; (B) information about costs, profits, markets, and sales; (C) plans for future development and new product concepts; and (D) all documents, books, papers, drawings, models, sketches, and other data of any kind and description, including electronic data recorded or retrieved by any means, that have been or will be given to you by Project Wayfinder (or any affiliate of it), as well as written or verbal instructions or comments. Confidential Information does not include student projects created as part of the Project Wayfinder curriculum. Similarly, Project Wayfinder does not claim ownership of any intellectual property rights or any other proprietary interests associated with such student projects.
You understand and acknowledge that Project Wayfinder has developed its Confidential Information through the expenditure of substantial time and money, that Project Wayfinder desires to retain the same in trust and confidence and to withhold access thereto from third parties, and that the commitments set forth herein are a condition precedent to your use of the Services.
• You: (a) will use all reasonable efforts (but in any event not less than those employed for safeguarding its own Confidential Information) to keep Confidential Information from Project Wayfinder and/or any knowledge which may be imparted through examination thereof or working therewith confidential; and (b) will not, except as specifically authorized in writing by Project Wayfinder, (i) communicate such Confidential Information and/or knowledge to any third party or any employee, agent, or consultant of yours, unless such employee, agent, or consultant reasonably requires access thereto and has undertaken an obligation of confidentiality with respect to trade secrets of others entrusted to him or her, or (ii) utilize such Confidential Information and/or knowledge for any purpose other than furthering a business relationship with Project Wayfinder and/or internal evaluation. No copies, reproductions or other images of Confidential Information may be made unless approved in writing by Project Wayfinder.
• You shall not be restricted from disclosing Project Wayfinder’s Confidential Information pursuant to a judicial or governmental order, but any such disclosure shall be made only to the extent so ordered and provided only that you: (i) shall timely notify Project Wayfinder so that it may intervene in response to such order, or (ii) if timely notice cannot be given, shall seek to obtain a protective order from the court or government for such information.
14. Copyright Infringement Policy
If you believe that your work has been copied and posted on the Project Wayfinder website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Project Wayfinder website (and such description must be reasonably sufficient to enable Project Wayfinder to find the alleged infringing material);
• your address, telephone number and email address;
• a written 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;
• 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.
Notice of claims of copyright infringement should be provided to the Project Wayfinder Copyright Agent at firstname.lastname@example.org or the following address:
Project Wayfinder Attn: Copyright Agent 1300 Evelyn Avenue Berkeley, CA 94702
The software that you use may automatically download and install updates from time to time from Project Wayfinder. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Project Wayfinder to deliver these to you) as part of your use of the Services.
(a) The Services, including, without limitation, all content, functions and materials contained or available thereon, is provided "as is," "as available", without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We hereby disclaim any and all such warranties, express and implied. Project Wayfinder also 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 or use of the Services or your downloading of any materials from the Services. If you are dissatisfied with the Services, your sole remedy is to discontinue using the Services.
(b) We make third party opinions, advice, statements, offers, or other third party information or content available as part of the Services (“Third Party Content”). All Third Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Project Wayfinder does not: (i) guarantee the accuracy, completeness, or usefulness of any Third-Party Content which may be part of the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears as part of the Services. Under no circumstances will Project Wayfinder or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted on or available from any part of the Services.
In no event, including but not limited to negligence, shall Project Wayfinder, any of its affiliates, or any of their directors, officers, employees, agents or content or service providers (including moderators or administrators) (collectively, the "protected entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Services or the content, materials and functions related thereto; your provision of information via the Services, including the forums; or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Services, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users to the extent required by applicable law.