PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING the TeacherMatch.com Candidate Portal (this "Portal"). You have been asked to access the Portal by a potential employer in connection with the potential employer's decision of whether to hire you. Your use of this Portal is expressly conditioned on your acceptance of the terms and conditions that follow. By using this Portal, you signify your agreement to these terms and conditions. If you do not agree with any part of these terms and conditions, do not use this Portal. This Portal is not directed to and is not open for use by anyone younger than the legal age to work in the state or province in which employment is sought. Further, any person who provides personal information through this Portal represents to either (a) being eighteen (18) years of age or older, or (b) if under eighteen (18) years of age, having informed your legal guardian of the content of this Affidavit and having obtained his or her consent to these terms and conditions.
1. OWNERSHIP. This Portal, and each of its components, is the copyrighted property of TEACHERMATCH, LLC, a Delaware limited liability company ("TEACHERMATCH"). None of the content or data found on this Portal may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of TEACHERMATCH. In addition, the trademarks, logos and service marks displayed on this Portal (collectively, the "Trademarks") are the registered and common law trademarks of TEACHERMATCH and various third parties. Nothing contained on this Portal should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of TEACHERMATCH or such other party that may own the Trademark.
2. AGE AND RESPONSIBILITY. You represent that you are at least the legal age to work in the state or province in which you seek employment. You acknowledge that: (a) in using this Portal you may create binding legal obligations for any liability you may incur as a result of the use of this Portal; and (b) you understand that you are financially responsible for all uses of this Portal by you and those using your Access Codes (defined hereafter). If you are not eighteen (18) years of age or older, you represent and warrant that you have informed your legal guardian of the content of these terms and conditions and obtained his or her consent to these terms and conditions.
3. ACCESSING THE PORTAL AND ACCOUNT SECURITY. Each teacher candidate may be provided with usernames, passwords, or other codes or devices to gain access to the Portal ("Access Codes"). You must treat the Access Codes as confidential and you must not disclose any Access Codes to any third party. You agree to immediately notify TEACHERMATCH of any unauthorized use of your Access Codes or any other breach of security. You agree to ensure that you exit from your account at the end of each session. You must use caution when accessing your account from a public or shared computer so others cannot view or record your Access Codes or any other personal information.
In connection with establishing your account with us, you may be asked to provide certain required information to us. By entering any information on the Portal, you represent and warrant that: (a) you are at least the legal age to work in the state or province in which you seek employment; (b) you are using your actual identity; and (c) you have provided only true, accurate, current and complete information requested to access the Portal. Additionally, you will maintain the strict confidentiality of your account and any Access Codes issued to you for your use of or access to the Portal or any portion thereof, and you will not allow any other entity to use any Access Codes that are issued to you. Remember, you will be responsible for all activity that occurs under your account or Access Codes. All information provided to us will be used in accordance with these Terms and Conditions of Use.
You acknowledge and agree that TEACHERMATCH has no responsibility or liability for any loss or damage arising from your failure to comply with this Section. If you want to cancel an Access Code, or if you become aware of any loss, theft or unauthorized use of an Access Code, please notify us immediately at firstname.lastname@example.org. In addition, we may delete or change any Access Code at any time and for any reason.
"Submissions" means (i) basic information about who you are, such as your name and contact information (including information required to establish your account with TEACHERMATCH), (ii) materials about your background or credentials that you submit to TEACHERMATCH, such as your work history, academic history, resume, recommendations and similar materials; (iii) your responses to the Educator's Professional Inventory ("EPI"), whether by selecting multiple choice answers, free-form submissions, and (iv) any and all other information or materials that you submit to TEACHERMATCH. By providing any Submissions, you will grant to TEACHERMATCH the right to use and reproduce the Submission as it sees fit in accordance with these Terms and Conditions of Use. TEACHERMATCH will not be required to return to you or to delete any Submissions, upon your request or otherwise. You represent and warrant that any Submission you provide to TEACHERMATCH will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not TEACHERMATCH, have full responsibility for the Submissions, including their truth, accuracy and appropriateness.
No confidential relationship will be established by the submission by any teacher candidate of any Submissions or any other oral, written or electronic communication to TEACHERMATCH (such as feedback, questions, comments, suggestions, ideas, etc.). If any TEACHERMATCH Portal requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), TEACHERMATCH will obtain, use and maintain it in a manner consistent with these Terms and Conditions of Use. Otherwise, such communication and any information submitted therewith will be considered non-confidential, and TEACHERMATCH will be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to TEACHERMATCH is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.
5. RULES OF CONDUCT. While using this Portal, you will comply with all applicable laws, rules and regulations. In addition, your use of this Portal is conditioned on your compliance with the rules of conduct set forth below. You will not include in your Submissions:
6. USE OF PORTAL. You may only use this Portal to complete the EPI and to otherwise make Submissions, and not for any other purposes. This Portal and the content provided in this Portal (including specifically the EPI) may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of TEACHERMATCH. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this Portal, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
8. USE OF DATA. You acknowledge that we are gathering Personally Identifiable Information from you on behalf of your potential employer. You acknowledge and agree that the Submissions may be provided by TEACHERMATCH to your potential employers, in the form provided or in any other summary form. You further acknowledge and agree that the Submissions, including Personally Identifiable Information, may be used by TEACHERMATCH as a basis for its evaluation and analysis of your potential performance as a teacher, including rankings and comparisons between you and other potential teacher candidates, summaries of your strengths and weaknesses, and other reports and analyses (collectively, the "Reports"). TEACHERMATCH will not be required to return to you or to delete any Submissions, upon your request or otherwise.
TEACHERMATCH may provide the Reports, including your Personally Identifiable Information, to your potential employer. You further acknowledge and agree that potential employers may use the Submissions and Reports as a factor in determining whether to extend an offer of employment to you. TEACHERMATCH shall have no liability or responsibility for hiring decisions of your potential employers.
You acknowledge that the EPI is a research-based analytical tool that relies on aggregated data and information to provide predictive analysis of teacher candidate's potential for long term success. You hereby authorize TEACHERMATCH to use your Submissions, including Personally Identifiable Information, for purposes of evaluating, improving and enhancing the EPI and the Reports and related products or services.
In addition, TEACHERMATCH may aggregate information contained in your Submissions with other research data or information obtained from other individuals, in a manner that reveals only Non Personally Identifiable Information. This aggregated Non Personally Identifiable Information may be shared with or sold to third parties.
Finally, during the course of our review of your Submissions, we may be able to identify other potential employers. You may authorize us to provide the Submissions and Reports to other potential employers.
9. EXCLUSION OF WARRANTY. TEACHERMATCH AND ITS AGENTS, PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS PORTAL, THE EPI OR ANY MATERIALS PROVIDED ON THIS PORTAL, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. TEACHERMATCH AND ITS THIRD-PARTY PROVIDERS DO NOT WARRANT THAT THIS PORTAL WILL BE FREE OF DEFECTS, VIRUS OR OTHER HARMFUL ITEMS. TEACHERMATCH WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THIS PORTAL OR THE TEACHERMATCH COMPUTER SYSTEM, THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS PORTAL AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Although we strive to provide on this Portal the latest developments relating to our products and services, and other information about TEACHERMATCH, we do not warrant the accuracy, effectiveness and suitability of any information contained in this Portal. Each person assumes full responsibility and all risks arising from his or her use of this Portal or from the passage of data across the Internet which is not secure and which is subject to impairments of service and delays. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. TEACHERMATCH may make additions, deletions, or modifications to such information at any time without any prior notification.
10. LIMITATION OF LIABILITY. TEACHERMATCH WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PORTAL, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS PORTAL.
TEACHERMATCH ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR BROWSING OF THIS PORTAL OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THIS PORTAL. IN NO EVENT SHALL TEACHERMATCH BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (a) ANY USE OF THIS PORTAL OR CONTENT FOUND HEREIN, (b) ANY FAILURE OR DELAY, OR (c) THE PERFORMANCE OR NON-PERFORMANCE BY TEACHERMATCH, EVEN IF TEACHERMATCH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO YOU.
NOTWITHSTANDING THE FOREGOING LIMITATIONS, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF TEACHERMATCH FOR DAMAGES UNDER THESE TERMS AND CONDITIONS OF USE EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00). Certain jurisdictions might not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
11. INDEMNIFICATION. You will indemnify and hold TEACHERMATCH and its providers and licensors harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the "Claims"): (a) your use of, inability to use, or activities in connection with this Portal; (b) any violation of these Terms and Conditions of Use or any other terms, conditions or policies by you or through any account you may have with this Portal; (c) any allegation that any Submission or other materials that you make available through this Portal infringes or otherwise violates the intellectual property, privacy, or other rights of any third party; or (d) your violation of any rights of any third-party; and you will reimburse TEACHERMATCH on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claim(s).
12. RELATIONSHIP. Your use of this Portal is independent of TEACHERMATCH and not as an employee, agent, partner, or joint venturer with TEACHERMATCH for any purpose.
13. GOVERNING LAW. This Agreement and its performance will be governed by the laws of the State of Illinois, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Chicago, Illinois, United States of America, in all questions and controversies arising out of your use of this Portal and this Agreement.
14. ASSIGNMENT.You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
15. MODIFICATION. TEACHERMATCH may at any time modify these Terms and Conditions of Use in our discretion without notice. Your use of this Portal will be conditioned upon the Terms and Conditions of Use posted on our site at the time of your use.
16. SEVERABILITY. These terms and conditions will be deemed severable. If any provision is determined to be unenforceable or invalid, such provision will nonetheless be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions.
17. HEADINGS. The heading used in these Terms and Conditions of Use are included by convenience only and will not limit or otherwise affect these Terms and Conditions of Use.
18. ENTIRE AGREEMENT. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Portal.
HOW TO CONTACT US.If you have any comments or questions, please do not hesitate to contact us at email@example.com or write us at:TEACHERMATCH, LLC
By Clicking the "Sign-Up" button on the Portal, you hereby acknowledge that you have read and understand the foregoing Terms and Conditions of Use and you hereby agree to abide by such Terms and Conditions of Use.
TEACHERMATCH may be able to identify other potential employers that might be interested in hiring you. By Clicking the "Sign-Up" button on the Portal, you hereby authorize TEACHERMATCH to share your Submissions and the Reports with such additional potential employers.