Terms and Conditions

Impacter Education Corporation Website Terms of Service

The following are the terms of service (“Terms of Service”) that define the relationship between Impacter Education Corporation (“Impacter” or “Company) and you, and govern your use of Impacter’s services.

Last Updated: Date of website relaunch

1. Acceptance of Terms

Thank you for your interest in Impacter, which owns and operates the services offered at the Impacter’s informational website available at www.impacterpathway.com (“Impacter Website”) 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 Impacter 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”).

By using Impacter Services, you agree to be bound by the following terms and conditions of use (“Terms of Use”) and the Impacter Website Privacy Policy available here and Education Services Privacy Policy available (“Privacy Policies”), available at herein by reference. These Terms of Use and the Privacy Policies apply to your use of the Services. Please do not use the Services if you do not agree to be bound by both the Terms of Use and Privacy Policies.

Impacter reserves the right to modify or revise its Terms of Use and/or Privacy Policies in its sole discretion, at anytime. Your continued use of the Services indicates your agreement to be bound by any and all subsequent modifications or revisions. Impacter will attempt to notify users whenever it modifies or revises the Terms of Use and/or Privacy Policies, however, we reserve the right to make such modifications or revisions without prior notice to you. Impacter recommends that users review the most up-to- date version of the Terms of Use and Privacy Policies periodically here (for our Informational Website). If you are using the Service on behalf of an institution that has a separate written agreement with Impacter, that agreement governs your use of the Service.

Impacter may discontinue, temporarily or permanently, the Services 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 Impacter, you agree to these terms. If you are under the age of 18, your legal guardian or parent will need to review and agree to the Agreement on your behalf.

2. Eligibility

You represent and warrant that you are capable of entering into the terms, conditions, obligations, affirmations, representations and warranties as set forth in the Terms of Use and Privacy Policies. Children under the age of 13 years of age are not eligible to use Impacter’s Website Services at https://www.impacterpathway.com/ without the appropriate authorization and consent from your parent or authorized school teacher or leader.

3. School Personnel Account

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 Impacter in accordance with the terms of its Privacy Policies.

4. Student and Children’s Accounts

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.

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).
Information Provided to Impacter: 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 Impacter, you will need to have the student account created at school by your teacher (only after the teacher represents to Impacter that they have obtained any necessary parental consent or acted as the agent of the parent and consented on their behalf).
Consent: The Children’s Online Privacy Protection Act (“COPPA”) prohibits online service providers from knowingly collecting personal information from children under 13 years of age without verifiable parental consent or notice as applicable (“Consent”). Consent may be obtained either by a student’s teacher, school, or district (“School Consent”). Children under the age of 13 are prohibited from using certain features of the Service without Consent, including, without limitation, student accounts. By using a student account on the Service, you promise that, if requested during your use of the Service, you provided your real age and that you are (a) over the age of 13; or (b) your teacher, school, or district has set up your student account or is otherwise allowing you to use the Service. For more information, please see our Education Services Privacy Policy.

Basically, students: if you want to create an Impacter 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:

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 Impacter immediately at [email protected].
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. Impacter 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.
School Consent. You acknowledge and agree that when School Consent must be utilized to allow children under 13 to use the Service, you and/or the Institution will be solely responsible (and hereby agree that Impacter is not responsible) for 1) providing all required notices to parents under COPPA; 2) obtaining parental consent (or if allowed by your Institution’s policy, acting as the agent of the parent and consenting on their behalf) under COPPA; and 3) providing a means for a parent to review any personal information contained in Student Data collected through the Service and refuse to permit its further use as required by COPPA. This includes without limitation, limiting access to the Service to those student Users from whom School Personnel has received valid Consent forms and complying with all parental requests regarding the collection, use and disclosure of such parent’s child’s information. School Personnel or the Institution are responsible for disseminating any required parental consent forms to the parents of potential student Users, for confirming receipt of valid consent forms for each child before granting the student access to the Service, and for retaining such consent forms on file. If a parent User does not consent or rescinds such School Consent, School Personnel or the Institution shall immediately notify Impacter to discontinue that student’s access to the Service and ensure that such student’s information is no longer accessible through the Services. Under no circumstances will Impacter be liable for the School Personnel’s failure to consult their school’s authorities and administrators or for failing to obtain School Consent when required. For more information, please see our Education Services Privacy Policy.

5. Use of the Services

You agree to use the Services only for purposes that are permitted by these Terms of Use. You further agree that you shall not do any of the following in connection with your use of the Services: (a) access (or attempt to access) the Services by any means other than through the interface that is provided by Impacter, unless you have been specifically allowed to do so in a separate agreement with Impacter; (b) access the Services through any automated means (including use of scripts or web crawlers), and shall ensure that you comply with the instructions set out in any robots.txt file present as part of the Services; and (c) engage in any activity that interferes with or disrupts the Services (or the servers and networks which are used in connection with the Services). You understand that by using the Services, you may be exposed to material that you may find offensive or objectionable and that, in this respect, you use the Services at your own risk.

6. Account Security

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 Impacter 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 Impacter immediately through this website.

7. Privacy Policies

Your privacy is extremely important to us, and we take great care to limit what we collect and how we use it, and to enable you to understand our policies. Please read our Privacy Policies which explain how we treat your personal information and protect your privacy when you use our Services and for more information on the administrative, technical and physical safeguards we maintain to protect against unauthorized use, disclosure of or access to personal information. Please see our Website Privacy Policy for details about our informational website. Please see our Education Services Privacy Policy.

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.

8. FERPA

Impacter understands that it is important that our partner schools comply with the Family Education Rights and Privacy Act (“FERPA”) and related regulations. Certain information that may be provided to Impacter by School Personnel that is directly related to a student and maintained by an Institution, may be considered an education record (“Education Record”) under FERPA. Additionally, certain information, provided to Company by School Personnel about a student, such as student name and grade level, may be considered directory information under FERPA (“Directory Information”) and thus not an Education Record. Please see our Education Services Privacy Policy for more information regarding FERPA, Impacter’s commitments to help Institution’s comply with FERPA, and Institution’s obligations with respect to FERPA. Impacter is not in a position to provide legal advice regarding whether the school’s existing FERPA disclosures are sufficient. To the extent that School Personnel have questions regarding these issues, they should consult the school’s own legal counsel for more information.

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 Impacter, the school must either meet an exemption or obtain the appropriate permission in advance.

9. Third-Party Authentication Services

If you decide to use a Linked Account to register for a Impacter account through an authentication service (such as Google Accounts, Microsoft Accounts, Facebook Connect, or Clever) (“Authentication Service”) you give Impacter the permission to store and use certain information already associated with your Authentication Service consistent with our Education Services Privacy Policy. The current list of Authentication Services that we use is listed here. You may revoke Impacter’s access to your account on any Authentication Service at any time by updating the appropriate settings in the account preferences of the respective Authentication Service. You should check your privacy settings on each Authentication Service to understand and change the information sent to us through each Authentication Service. Please review each Authentication Service’s terms of use and privacy policies carefully before using their services and connecting to our Service. Your use of Linked Accounts and Authentication Services is subject to the applicable third-party terms and privacy policies.

Basically, if you want to use third-party services through your Impacter 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.

10. Impacter Intellectual Property Rights

You acknowledge that Impacter retains ownership of all rights, titles and interests in and to any curricula, games, training materials, assessment tools, reference documents, and other materials (collectively, “Materials”). Impacter may make Materials available in various ways, including, without limitation, through presenting Materials at training or consultation sessions, enabling you to download Materials from Impacter websites and file-sharing sites, and providing you with access to interactive websites. You acknowledge that Impacter retains all intellectual property rights therein and thereto (including without limitation, all patent rights, design rights, copyrights and trade secret rights) subject to the limited license granted to you in these Terms of Use and/or any written agreement between you (and/or your educational organization) and Impacter. You agree not to (i) copy, modify, or reverse engineer any Materials, make derivative works based upon the Materials, or use the Materials to develop any products, without Impacter’s prior written approval, or (ii) sell, license, rent, or transfer Materials to any third party.

You further acknowledge: (a) you have no interest in Impacter’s logo and other marks; (b) Impacter will remain the sole owner of interest in its marks; and (c) all goodwill in Impacter’s marks will inure solely to the benefit of Impacter. You will comply with any reasonable trademark guidelines of Impacter.

11. Limited License

Impacter hereby grants to you and you accept a non-transferable, non-exclusive license to use Materials, subject to the terms and conditions set forth herein, as applicable. You may use, copy, adapt, and distribute the Materials only for purposes of program implementation which is, expressly, the subject of these Terms of Use and/or any written agreement between you (and/or your educational organization) and Impacter. Customer must obtain prior written approval from Impacter to use Materials for any other purpose, including sharing any part of the Materials for non-commercial purposes with other schools, districts, teachers, and the like (such as at workshops or conferences). Under no circumstances may you distribute any Materials for any purposes intended or directed toward commercial advantage or monetary compensation or distribute outside your educational organization any customer-created derivatives or revisions of any Materials.

12. Ownership of Work Product

With the exception of any of customer’s Confidential Information (as such term is defined below) or pre-existing intellectual property, and work produced as part of Impacter student projects, you acknowledge that Impacter shall solely and exclusively own all intellectual property rights it develops, whether alone or jointly with others, in connection with the Services and/or under any written agreement between you (and/or your educational organization) and Impacter along with all derivative works thereof (the “Work Product”). You hereby assign to Impacter, all right, title and interest (including, without limitation, all patent rights, design rights, copyrights and trade secrets) in any modifications or improvements to Materials which you may propose or make as part of the Services. To the extent you grant Impacter the right to use any pre-existing customer-owned intellectual property or content in the Work Product, you grant to Impacter a non-exclusive, worldwide, royalty free, perpetual license for use of such intellectual property and/or content in the Work Product. You acknowledge that you have no rights to Materials provided to you or to the Work Product other than with respect to their separate use as limited by these Terms of Use and/or any written agreement between you (and/or your educational organization) and Impacter.

13. Confidential Information

“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 Impacter (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 Impacter curriculum. Similarly, Impacter does not claim ownership of any intellectual property rights or any other proprietary interests associated with such student projects.

You understand and acknowledge that Impacter has developed its Confidential Information through the expenditure of substantial time and money, that Impacter 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.

Nondisclosure. 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 Impacter 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 Impacter, (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 Impacter and/or internal evaluation. No copies, reproductions or other images of Confidential Information may be made unless approved in writing by Impacter.
Exceptions. You will not be required to treat information as Impacter’s Confidential Information if such information: (a) was already lawfully known to you at the time of receipt thereof from Impacter, as shown by documents or other tangible evidence in your possession; (b) either had been published or was otherwise available to the public at the time of its receipt by you from Impacter; (c) is subsequently disclosed to you without any duty of confidentiality by a third party having the legal right to do so; (d) subsequently becomes published or available to the public other than by a breach of these Terms of Use and/or any written agreement between you (and/or your educational organization) and Impacter; (e) is subsequently developed by you independently of any disclosure to it by Impacter, as shown by documents or other tangible evidence in your possession; or (f) is subsequently intentionally disclosed by Impacter to a third party without any duty of confidentiality. Exceptions (c), (d), (e), and (f) will apply only as of the respectively stated subsequent events.

You shall not be restricted from disclosing Impacter’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 Impacter 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 Impacter 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 Impacter website (and such description must be reasonably sufficient to enable Impacter 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 Impacter Copyright Agent at [email protected] or the following address:

Impacter Education Corporation
Attn: Copyright Agent
800 Roosevelt
Irvine, CA 92620

15. Software Updates

The software that you use may automatically download and install updates from time to time from Impacter. 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 Impacter to deliver these to you) as part of your use of the Services.

16. Applicable Law

We control and operate the Services from our offices in the United States of America. We do not represent that materials which are part of the Services are appropriate for use in other locations. Persons who choose to access the Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The laws of the State of California will govern these Terms of Use, as well as any claim that might arise between you and us, without regard to any conflict of law provisions.

17. Indemnification

You agree to defend, indemnify and hold Impacter, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Services, including the forums, any content or other material you contribute as part of the Services, or your breach or violation of the law or of these Terms of Use, and/or the Privacy Policies. Impacter reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Impacter’s defense of such claim.

18. Disclaimer of Warranties

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. Impacter 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.

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. Impacter 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 Impacter 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.

19. Limitation of Liability

In no event, including but not limited to negligence, shall Impacter, 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.

20. Applicable Law

21. No Waiver

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

22. Termination

Impacter may terminate, change, suspend or discontinue any aspect of the Services at any time. Impacter may restrict, suspend or terminate your access to the Services if we believe you are in breach of our Terms of Use, Privacy Policies or applicable law, or for any other reason without notice or liability. Additionally, Impacter may terminate the privileges of users who are repeat infringers of intellectual property rights.