Terms of Service 1

Terms of Use.

Last Modified August 17, 2020

The services provided by WhereWeGo to its Users may be collectively referred to as “Services” hereunder. Please read the Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.wherewego.org/terms-and-services incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. This Website is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. Changes to Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If you do not agree with updated Terms of Use at any time, you may cancel your account here (https://explore.wherewego.org/profile) If you continue to use this Website after cancelling your account, these Terms of Use will continue to apply to you as a Guest User.

1. Accessing the Website.

1.1. We reserve the right to withdraw or amend this Website and Services we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to some or all Users. 1.2. To access the Website or some of the Services it offers, you may be asked to become a Registered User. It is a condition of your use of the Website that all the information you provide is correct, current, and complete. You may have only one account on the Website and it must be in your real name.

1.3. We will send any notices and messages to you via the email address you provide to us when creating an account on the Website. You agree to keep any contact information up to date.

1.4. You agree that all information you provide to become a Registered User with this Website, or any information otherwise provided to the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy, located https://www.wherewego.org/terms-and-services.

1.5. If you choose, or are provided with, a username, 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 other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you will log out from your account at the end of each session if you are a Registered User.

1.6. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Terms of Use or the Privacy Policy.

2. Intellectual Property Rights.

2.1. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Oxbow Education PBC and are protected by United States intellectual property laws (including but not limited to copyright, trademark, and patent laws) and where applicable, international intellectual property laws. No right, title, or interest in or to the Website or any content on the Website is transferred to you. The term WhereWeGo, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Oxbow Education PBC.

2.2. These Terms of Use permit you to use the Website for your personal, non-commercial use only (the use of the Website by Providers for the purposes intended and set forth herein does not constitute “commercial use” for purposes of this paragraph). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, intentionally store, or transmit any of the material on our Website. You may not modify copies of any materials from this site; delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

2.3. If you wish to make any use of material on the Website other than that set forth in this section, please address your request to: support@wherewego.org We may approve or deny such request in our sole discretion. If you do not receive a response from us, such non-response constitutes a denial of your request.

3. Prohibited Uses.

3.1. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; to transmit, or procure the sending of, any advertising or promotional material without our prior consent; to impersonate or attempt to impersonate any other party; or to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which may harm Users of the Website or expose them to liability, in our sole discretion.

3.2. Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the proper working of the site or interfere with any other party's use of the Website; use any device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use; or introduce any viruses or other material that is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or attack the Website in any way.

4. User Contributions

4.1. For Seekers or Providers who create an account with the Website, the Website may allow you to create a public profile or web page (“Public Profile”) that allows you to list or upload details about yourself or your Program pursuant to our Privacy Policy. Any such contribution to a Public Profile will be considered non-confidential and non-proprietary. 4.2. If the Website allows for other public contributions, such as via status updates, message boards, forums, bulletin boards, or other interactive features (collectively with any information posted to your Public Profile, the “Contributions”), you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such Contributions for any purpose.

4.3. For all Contributions, you represent and warrant that you own or control all rights in and to the such Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; you are not breaching any agreement or legal requirement by providing such contributions; and all of your Contributions do and will comply with these Terms of Use.

4.4. You understand and acknowledge that you are responsible for any Contributions you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO ANY THIRD PARTY FOR THE CONTENT OR ACCURACY OF ANY CONTRIBUTIONS POSTED BY YOU OR ANY OTHER USER OF THE WEBSITE.

5. For Seekers. If you are a Seeker:

5.1. You acknowledge that we do not guarantee the validity of any Program and we caution you to verify the validity of any Program before taking any career-related action based on information provided about any Program or any other Contribution from a Provider.

5.2. You agree that any Individual Information, as defined in our Privacy Policy, provided to us is true and accurate, and that any Individual Information provided to Providers is true and accurate regardless of whether that information is provided through us or directly to a Provider.

5.3. You acknowledge that we provide a service for creating the opportunity for connections between Seekers and Providers. We do not partner with Providers and may not review Provider Contributions. We are not an employer of any User or an employment agency or an agent of any Provider, and any relationship between a Seeker and Provider that may develop is governed solely between the Seeker and Provider. Program opportunities are posted directly by Providers. We cannot guarantee the accurate or completeness of any Program details or Provider Contributions, and we disclaim all liability for the content, accuracy, completeness, legality, reliability, or availability of any Program or Provider Contributions. However, we welcome our Users to report any allegedly incorrect information posted by Providers by reaching out to us using the following contact email: support@wherwego.org We will investigate any such report and may take action in our sole discretion.

5.4. Third-party websites that may be linked in any Provider Contributions or Program postings are not governed by this Terms of Use.

5.5. If you provide information to Providers, whether directly or through the Website, that is false or fraudulent, including but not limited to information about degrees or work history, we have the right to terminate your account or otherwise disable your access to the Website at our discretion.

5.6. If we recommend any Program to you, such recommendation does not constitute any representation as to the potential of your being accepted into such Program, and is based only upon the Individual Information you have provided about yourself.

5.7. You acknowledge that any communication or interactions that you have with Providers beyond the Services are solely between you and the relevant Provider. We are not responsible for, and disclaim all liability for, any discriminatory practices or other practices, hiring or otherwise, during the course of communication with or employment by a Provider which may create a disparate impact under any United States law or any relevant state law.

6. For Providers. If you are a Provider:

6.1. You agree that any information you provide regarding any Program is true and accurate. You are prohibited from misstating or intentionally misrepresenting any aspect of your Program, including but not limited to costs associated with your Program, or any salary, wage, or stipend offered for your Program. We have the right to disable your account at any time if in our sole discretion we determine that you have misstated or misrepresented aspects of your Program.

6.2. We may require that a Program is not posted to the Website unless certain details about the Program are provided. In order to provide the most benefit to both Seekers and Providers, you will endeavor to include all relevant details about a Program before posting such Program to the Website.

6.3. In order to use the Website, you and your Program must not discriminate on any grounds prohibited in the state where you are located or under any United States law. No Contribution, including Program information, may contain discriminatory language. We have the right to disable your account at any time if in our sole discretion we determine that you, your posts, or your Programs involve discrimination of any kind.

6.4. If you provide a link to your website on the Website, you agree that the use of your website will be fully governed by your terms of use or service and other relevant policies, the website will comply with applicable laws, and we will not have any liability for actions taken on your website or related applications by any user of your website in any case.

6.5. You acknowledge that we provide a method for creating the opportunity for connections between Seekers and Providers. We do not partner with Seekers and may not review Seeker Contributions. We are not an employment agency and we are not acting as your agent for placing Seekers in any Program. Any relationship between a Seeker and Provider that may develop is governed solely between the Seeker and Provider. While we may suggest Seekers to you that have indicated their interest in the types of Programs you offer, we do not identify or recommend candidates for you for any Program. We cannot guarantee the accurate or completeness of any information set forth by an Seekers, and disclaim all liability for the content, accuracy, completeness, or legality or such information. Any applications you receive through the Website, or any profiles for Seekers available through the Website, are the sole product of a Seeker. You have the responsibility of vetting each potential candidate for your Program pursuant to your ordinary processes. We make no representation as to the quality of any Seeker as a candidate for your Program, the truthfulness of any Seeker’s Contributions, or any statements a Seeker may provide to you outside of the Website. However, we welcome our Users to report any allegedly incorrect information posted by Seekers by reaching out to us using the following contact email: support@wherewego.org We will investigate any such report and may take action in our sole discretion.

6.6. Providers must become Registered Users prior to making any Contributions or posting about any Programs. WhereWeGo may require that Providers pay certain fees for such accounts (“Paid Accounts”).

The following provisions of this Section 7.6 will govern such Paid Accounts:

A. Providers shall make all required payments for a Paid Account as part of the set-up to a Provider account, and WhereWeGo is not required to give any level of access to the Website to a Provider unless and until the required payments are made.

B. Each Provider account gives access to one designated User. If a Provider desires multiple Users, the Provider can add additional Users to its account for additional fees. A Provider can transfer the designed User(s) on any account up to three times per year. If we discover that Providers are sharing account access with any unauthorized user(s), WhereWeGo may cancel that Provider’s account in its sole discretion, or may require that Provider pay a fee to reinstate its account.

C. If the Provider’s account requires a monthly recurring payment, Provider expressly agrees that WhereWeGo may automatically charge Provider’s payment method on a monthly basis, within 5 business days of the same date on each month, without further notice or consent from Provider. If the Provider fails to make any payment or a Provider’s automatic payment does not transfer, WhereWeGo will provide the Provider with a 5-day notice granting Provider the opportunity to remedy such nonpayment, and thereafter may cancel a Provider’s account in its sole discretion without further notice. If a Provider is late on more than three payments in a calendar year, WhereWeGo is not longer required to provide the 5-day notice set forth herein and may immediately cancel such Provider’s Paid Account.

D. WhereWeGo’s fees for Paid Accounts are paid in advance of each month. If a Provider wishes to cancel its account at any time, using this link, WhereWeGo will provide a prorated refund to Provider based on a 30-day month. WhereWeGo will not provide any refunds to Providers if the refund would be less than $10.00.

E. If WhereWeGo cancels your Paid Account for any reason set forth in these Terms of Use or for any other reason, except under Section 7.6B, WhereWeGo will refund the full prorated amount of your monthly payment based on a 30-day month and calculated based on the last day that your Paid Account was active. If your account is cancelled pursuant to Section 7.6B WhereWeGo will not provide any refund to you.

F. If WhereWeGo changes its pricing model for Paid Accounts, Providers with Paid Accounts will be alerted 30 days in advance of the change in pricing, and may cancel their account if they do not agree to the changes. If a Provider does not cancel its account before the pricing change goes into effect, the Provider expressly agrees to the change in pricing.

G. WhereWeGo may use a third-party payment processor for Providers’ payments, and such payment processor may have separate terms of use or service.

7. Monitoring and Enforcement; Termination.

We have the right to:

7.1. Remove or refuse to post any Contribution from any User for any or no reason in our sole discretion.

7.2. Take any action with respect to any Contribution from any user that we deem necessary or appropriate in our sole discretion, including if we believe that such contribution violates the Terms of Use or Privacy Policy, or could create liability for WhereWeGo.

7.3. Disclose your identity or other personal information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

7.4. Take appropriate legal action, including without limitation, refer you to law enforcement, for any illegal or unauthorized use of the Website.

7.5. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

7.6. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE WHEREWEGO AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

7.7. We do not undertake to review all Contributions before they are posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability for any action or inaction regarding transmissions, communications, or other Contributions provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

8. Content Standards.

These content standards apply to any and all User Contributions and use of the Services generally. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Contributions must not contain any material that (i) is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringes any intellectual property right or other legal rights of any other person; (iv) is likely to deceive any person; (v) promotes any illegal activity, or advocate, promote, or assist any unlawful act; (vi) impersonates any person, or misrepresent your identity or affiliation with any person or organization; or (vii) involves commercial activities or sales, other than as may be directly related to a Program as provided for herein.

9. Copyright Infringement and DMCA Notices.
9.1. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

A. Your physical or electronic signature.

B. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.

C. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

D. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

E. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

F. A statement that the information in the written notice is accurate.

G. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

9.2. Please submit your DMCA Notice to support@wherewego.org

9.3. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

9.4. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

9.5. It is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat infringers.

10. Other Infringement.

10.1. You may submit claims of trademark infringement or impersonation to the email address set forth in Section 10.2 herein. WhereWeGo will use its best efforts to investigate, subject to the requirements of the law, in any instance where trademark infringement or impersonation is possible. WhereWeGo may request details from you to verify your claim of infringement or impersonation and may take any action in its sole discretion based on such information. WhereWeGo, in its discretion, may provide you with contact details for the User who posted an infringing Contribution if a claim of infringement or impersonation is made and appears to be valid in WhereWeGo’s sole discretion.

10.2. Unless and until given information to the contrary, we assume the individual creating an account on behalf of a Provider has the right to create such account, make Contributions to the Website, contribute to the Public Profile for such entity, and otherwise use the Services on behalf of such entity. We are not liable to any third-party if an unauthorized account is created on their behalf. If you feel that an account has been created on our Website on behalf of your entity that was not authorized, please use the email address noted in Section 10.2 herein to report such impersonation of your entity.

11. Information About You. All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

12. Geographic Restrictions. The owner of the Website is based in the State of Louisiana in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate 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 on your own initiative and are responsible for compliance with local laws.

13. Disclaimer of Warranties.

13.1. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

13.2. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WHEREWEGO NOR ANY PERSON ASSOCIATED WITH WHEREWEGO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WHEREWEGO NOR ANYONE ASSOCIATED WITH WHEREWEGO REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

13.3. TO THE FULLEST EXTENT PROVIDED BY LAW, 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.

13.4. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Limitation on Liability

14.1. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WHEREWEGO, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE 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, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

14.2. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Indemnification. You agree to defend, indemnify, and hold harmless WhereWeGo, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

16. Governing Law and Jurisdiction.

16.1. All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Louisiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Louisiana or any other jurisdiction).

16.2. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Louisiana, in each case located in the City of New Orleans and Orleans Parish, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

17. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

18. Waiver and Severability.

18.1. No waiver by WhereWeGo of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of WhereWeGo to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

18.2. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

19. Comments and Concerns. Other than DMCA notices, which shall be provided as otherwise set forth herein, all feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@wherewego.org

Privacy Policy.

Last Modified April 3rd 2020

WhereWeGo provides services to connect individuals seeking career opportunities (“Seekers”), including but not limited to education opportunities, internships, apprenticeships, certifications, trainings, and job opportunities (“Programs”) with providers of those Programs (“Providers”). The services provided by WhereWeGo to its Users may be collectively referred to as “Services” hereunder. Collectively, Seekers and Providers, whether registered or unregistered, may be referred to as “Users” in this Privacy Policy. Unless otherwise noted, each section and provision of this Privacy Policy applies to all Users. Within this Privacy Policy, “you” are a User of the Website (as defined below), and “we”, “us”, or “WhereWeGo” refers to Oxbow Education PBC, a Delaware corporation, d/b/a WhereWeGo. At WhereWeGo, your privacy is very important to us. As such, we are providing this Privacy Policy explaining our online information practices. By using https://www.wherewego.org/ and WhereWeGo branded applications (collectively, the “Website”) including any content, functionality, and services offered on or through the Website (collectively, the “Services”), you agree to the collection and use of information in accordance with this policy. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Services. By accessing or using the Services, you agree to this privacy policy. We reserve the right to change this Privacy Policy at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means of posting a notification on this site or by other means. It is your responsibility to review this site and this Privacy Policy periodically and to be aware of any modifications. Your continued use of the site after such modifications will constitute your acknowledgment of the modified Privacy Policy and you agree to be bound by the modified Privacy Policy.

1. The Information We Collect. Users of the Service may view the Website and certain information on the Website without registering and creating an account. However, certain Services will be restricted to those Users who register and create an account (“Registered Users”). Those Users who are not Registered Users are “Guest Users.” Both Seekers and Providers may become Registered Users, and a public profile is required in association with a Registered User (“Public Profile”). All of the below may collectively be referred to herein as “Information.”

1.1. If you are a Seeker: (i) information by which you may be personally identified, such as your name, age, race, date of birth, income level, preferred language, disability status, citizenship, gender preference, postal address, e-mail address, telephone number, and social media account handles; and (ii) information regarding your education or career history, such as your standardized test scores, grade point averages, veteran status, financial aid history, and whether you are a first-generation college attendee (collectively “Individual Information”);

1.2. If you are a Provider, information regarding your institution and relevant Programs, including type of institution, certifications, degrees, and credentials offered by the institution, graduation rate, cost of Program(s), career clusters, fields of study offered, general information certain Program(s), acceptance requirements, acceptance percentages, contact information for your key contact persons, physical addresses, photographs of your institution, testimonials, social media links, size of your student population, and demographics of your students (“Program Information”).

1.3. Information regarding how the Services are accessed and used, including but not limited to your internet protocol address, browser type, browser version, the pages of our Services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, the content and advertisements you have accessed or seen, and other diagnostic data (“Usage Data”); and/or

1.4. Tracking technologies to track the activity on the Services, including but not limited to session cookies, preference cookies, security cookies, web beacons, tags, and scripts to collect and track information and to improve and analyze the Services, which may be collected directly through the Services or via third-parties providing analytic services to us (“Tracking Data”). Usage Data and Tracking Data is collected for every User of the website. Personal Information and Program Information is intended to be collected only for Registered Users; however, if any Information is provided to WhereWeGo in any manner by any User, this Privacy Policy will apply to such Information.

2. Consent. If you have voluntarily provided Personal Information or Program Information, you have assumed that there is an implied business relationship with WhereWeGo and therefore consent to the collection, use, sale, and/or disclosure of such Information as described in this Privacy Policy. Further consent for the collection, use and disclosure of your Personal Information or Program Information, as applicable, may be obtained orally or in writing and may be expressly given or implied.

3. Collection of Information.

3.1. We collect Information directly from you when you provide it to us, automatically as you navigate through the Website and Services, and from certain third parties as set forth in this policy.

3.2. Any information Registered Users choose to include in a Public Profile will be available to any person or entity having access to the Website as a Registered User or Guest User. This Information must include your real name, and may include photos, career and education history, your email address, and other information that you choose to make public. This information, along with any information or materials you contribute to the Website, including via status updates, message boards, forums, bulletin boards, or other interactive features, will be collectively known herein as “Contributions.”

3.3. Any Contribution to a Public Profile will be considered non-confidential and non-proprietary. You should not post any Contribution to your Public Profile or provide any information on your Public Profile that you do not desire to be made public. WhereWeGo reserves the right to remove any Contribution for any reason, for instance, if that Contribution puts you or others at risk or violates any law or any part of this Privacy Policy or our Terms of Use. At its discretion, WhereWeGo may restrict certain aspects of your Public Profile to only be available to other Registered Users, and may make certain other aspects of your Public Profile available to any User of the Website.

3.4. We work with third parties to provide us with additional opportunities to engage with you, such as social media providers who may collect your data on our behalf or provide advertisements to you based on your interests. We also work with third parties to monitor and provide analyses of the Usage Data and Tracking Data, including browsing patterns of visitors to our Website by tracking non-personally identifiable information about our visitors. Such third parties may include, for example, but are not limited to Google Analytics, Google AdWords, and Facebook. Each third party may also set forth its own privacy policy.

4. How We Use Information

4.1. We may use the Information you provide about yourself to operate our Website, deliver information to you about our products and services, notify you about potential programs that may be of interest to you if you are a Seeker, notify you about potential applicants that may be of interest to you if you are a Provider, improve and tailor our products and services to better fit the demographics of our Users, inform you of changes to our Website or this policy, and to solicit additional information from you.

4.2. When you become a Registered User or use certain Services, you are opting to receive messages from WhereWeGo. You can manage some of your messaging preferences through your account settings www.explore.wherewego.org/profile. You cannot opt out of receiving certain administrative or legal messages from WhereWeGo unless you delete your Registered User account.

4.3. We may provide your Information to Seekers if you are a Provider, and provide your Information to Providers if you are a Seeker. However, we will not provide information about Seekers’ race, citizenship status, disability status, gender preference, or any other Personal Information that is prohibited by the Equal Employment Opportunity Laws, to Providers. Seekers may set preferences as to the Information that is provided to Providers by using our “Settings” function.

4.4. We may also use your Information to fulfill any other purpose for which you provide it, in any way we may describe when requesting the information, and for any other purpose with your consent.

4.5. We will also use your information to enhance the operation of our Website or Services, such as to improve our marketing and promotional efforts, statistically analyze site use, and improve our service offerings. We may also use your information to resolve disputes, troubleshoot problems and enforce our agreements with you, including sales terms and conditions and this Privacy Policy.

5. Information Sharing and Disclosure to Others.

5.1. We may disclose the Information to our subsidiaries and affiliates, and to contractors, service providers, and other third parties affiliated with us in order to continue to develop our Website, improve our Services, and provide the Services to you. 5.2. We may also disclose Information about you if we are attempted to be acquired by, acquired by, sold to, merged with, or otherwise transferred to another entity.

5.3. We may also disclose personally identifiable information in response to legal process, court order, or government or regulatory request; to enforce other agreements with you, including for billing and collection purposes; and if we believe disclosure is necessary or appropriate to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, to verify or enforce compliance with the policies governing our sites and applicable laws or as otherwise required or permitted by law or consistent with legal requirements.

5.4. We may sell or disclose your Information to third parties to market their products or services to you if you have not opted out of these sales and disclosures.

5.5. When you access certain social media features through our site, you will be sharing information with that social media provider. The information you provide to that social media provider will be governed by their privacy policy.

5.6. We may ask for your permission to share certain Information with a Seeker (if you are a Provider), or with a Provider (if you are a Seeker). If you consent to the sharing of that Information then we may share such Information with a Seeker or Provider, as applicable, unless and until you revoke such permission using the Settings feature or reaching out to us directly.

6. Children. The Website and Services are not directed to children under 13. We do not knowingly collect Personal Information from children under 13. If you become aware that a child under 13 has provided us with personal information without parental consent, please contact us. If we become aware that a child under 13 has provided us with Personal Information without parental consent, we will take steps to terminate the child’s account and delete any Personal Information provided to us.

7. Terminating your Account. If you are a Registered User, you can close your account by clicking www.explore.wherewego.org/profile. We will remove your Public Profile from our Website, but we may retain Information for the purposes authorized under this Privacy Policy, and may also maintain residual copies of your Information in our backup systems, unless prohibited by law, or unless you opt out pursuant to the terms of this Privacy Policy.

8. California Consumer Privacy Act.

8.1. The below provisions are provided to pursuant to the California Consumer Privacy Act (CCPA), and are applicable to any persons or information that is subject to the CCPA. For purposes of this Section 8, “Personal information” means personal information as defined under Cal. Civ. Code § 1798.140(o)(1).

A. We may disclose your Personal Information, as set forth herein, to certain third parties for business purposes. You have the right to request disclosure of the categories of Personal Information we collect and the categories of Personal Information, as set forth in 1798.140(o)(1), that we have sold; specific pieces of Personal Information we have collected about you; the categories of sources from which Personal Information is collected; the business or commercial purpose for collection or selling Personal Information; the categories of third parties with whom we share Personal Information; the categories of any third parties to whom any of your Personal Information was sold; and the categories of Personal Information that we disclose for a business purpose.

B. You have the right to request deletion of any Personal Information that we have collected from you, unless such information is exempted from this requirement pursuant to Cal. Civ. Code § 1798.105, which for instance allows for the completion of a transaction that you have requested which requires the use of your personal information, or comply with other laws or legal obligations.

C. We may sell certain categories of Personal Information that we collect from you. You have the right to opt out of the sale of your Personal Information at any time.

D. We will not discriminate against you for the exercise of any rights provided to you under this policy or under the CCPA, including but not limited to denying you goods or services, charging different rates or prices for goods or services, providing a different level of quality of goods or services, or suggesting that you may receive a different price or rate for goods or services or a different level of quality of goods or services.

E. We have made an effort to disclose the information set forth in the above paragraph within this policy. Should you have further questions, you can reach us to request such disclosures at info@wherewego.org or 504-300-9528 We. will respond to your request for information as set forth herein or under the CCPA within 45 days, unless an extension is reasonably necessary, in which case we will provide notice of an extension of the time needed to respond to your request. Please include your name and email address in your request for disclosure so that we may identify the information you have requested to be disclosed. If you are a Registered User, please submit your request for disclosure via your account.

8.2. The following disclosures are made in accordance with the CCPA:

A. Within the last 12 months, we have collected Personal Information set forth in subdivisions (A), (C), (F), (G), (I), (J), and (K) of 1798.140(o)(1).

B. We have not sold any Personal Information within the past 12 months.

C. We have disclosed Personal Information from subsections (A), (C), (F), (G), (I), (J), and (K) of § 1798.140(o)(1)for business purposes as set forth herein in Sections 5.1, 5.3, 5.5, and 5.6 herein, within the past 12 months.

9. Opt-Out. You may opt-out of the sale of your Information at any time by contacting us at info@wherewego.org

10. Third-Party Restrictions. If we sell your Information to third parties, we will inform such third parties that the Information may not be re-sold without your permission.

11. Cookies

11.1. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of the Services. Please refer to the section below on "Cookies" for more information on how you can opt-out of internet-based advertising through the "Do Not Track" functionality in your web browser or through such other methods.

11.2. To give you the best online experience possible we may at times use cookies or similar technologies. A cookie is a small data text file, which a website stores on your computer’s hard drive (if your browser permits) that can later be retrieved to identify you to us. Cookies do not contain personally identifiable information; however, once you choose to enter our site with personally identifiable information that information may be linked to the data stored in the cookie. In addition, you expressly consent to the installation of cookies under CASL.

11.3. Cookies make your use of the site easier, make the site run more smoothly and help us to maintain a secure site. At this time we recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions. However, you can change your privacy preferences regarding the use of cookies and similar technologies through your browser. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly in that case. For any questions dealing with the disabling of cookies please consult the “Help” section of your web browser.

12. Security of Your Information

12.1. We have put in place industry-standard procedures to safeguard and help prevent unauthorized access, to maintain data security, and to use correctly the information we collect online, such as dedicated virtual private servers, a web application firewall, an encrypted database, and no third party access to the server.

12.2. Unfortunately, we cannot guarantee that a 100% of the data transmissions are secure. Therefore, while we strive to protect your personally identifiable information, you acknowledge that: (a) there are limitations to security and privacy of the Internet that are beyond our control; (b) the security, integrity and privacy of your personally identifiable information exchanged between you and us cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

12.3. For Paid Accounts, as defined in our Terms of Use, we may use a third-party payment processor to better ensure the security of your payment information. Such third-party processor may have its own Terms of Use and Privacy Policy. We recommend that you review such third-party policies when making a payment to us to understand the security measures such third-party has taken regarding your payment information.

13. Privacy Policies of Third-Party Sites. Except as otherwise discussed in this Agreement, this document only addresses the use and disclosure of information we collect from you. Other sites accessible through our Website have their own privacy policies and data collection, use and disclosure practices. Please consult each site’s privacy policy and terms of use. We are not responsible for the policies or practices of third parties. Additionally, other companies which may place advertising on our Website may collect information about you when you view or click on their advertising through the use of cookies. We cannot control this collection of information. You should contact those advertisers directly if you have any questions about their use of the information that they collect.