"Content" means digitized content offered by Company such as books, courses, videos, guides, podcasts, articles, and other content.
"Service" means the provision of the Site, Content, and support and other services that Company may provide.
These Terms may be modified or amended from time to time by Company in its discretion. Any such amendments to these Terms become effective at the time they are posted to the Site, and each time you access or use the Site, Content, or Service, you agree to be bound by these Terms as amended.
The words “we”, “us” and “our” mean Company. The words “you” and “your” refer to the person accessing or using the Site, Content, or Service subject to these Terms. To the extent you access or use the Site, Content, or Service as an employee, manager, member or agent of any entity, you also accept these Terms on behalf of such employer, principal or other entity.
These Terms are in addition to, and do not override, the terms and conditions that may apply to certain Content or Service offered by Company.
YOUR USE OF THE SITE
- You agree the information you provide to us will be true and accurate and kept up to date by you. You agree not to enter false information or impersonate any other person when you use the Site or interact with Company. You must be 18 years of age or older to purchase Content or other Services. If you are agreeing to these Terms on behalf of an entity or someone other than yourself, you represent and warrant that you have the right, power and authority to enter into these Terms.
- If applicable, it is your sole responsibility to keep all user IDs, passwords and other means of access to the Site within your possession or control confidential and secure from unauthorized use. Company will not be liable for any losses caused by any unauthorized use of your account.
- If applicable, access to and use of password protected and/or secure areas of this Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
- You agree not to use or permit the use of the Site directly or indirectly for any of the following:
- Using personally identifiable information or private information of any person without his or her required consent;
- Posting or sending material that is grossly offensive, obscene, lewd, lascivious, pornographic, profane or violent, harassing or otherwise objectionable, libelous, defamatory or threatening or that promotes or encourages hatred, violence, racism or criminal conduct;
- Uploading or spreading computer viruses, worms, Trojan horses, malware, spyware or other harmful code;
- Infringing the intellectual property rights or misappropriating trade secrets of any third party;
- Creating or providing records or information known by you to be fraudulent, false or misleading; or
- Conducting any business or transaction in violation of applicable law, rules or regulations.
- The fees quoted for Content or other Services are subject to change at any time. Fees may be subject to tax, collected by us or a third party through which you transact.
- FEES ARE NON-REFUNDABLE.
- We only accept credit cards for payment of fees. If your credit card is declined, we may cancel your account unless you provide us with a new credit card. Without limiting other available remedies, you will be liable to reimburse Company for amounts due upon demand, plus any applicable processing fees, charges or penalties, plus interest at the lesser of one and one-half percent (1.5%) per month or the maximum allowed by law, plus attorneys’ fees and other costs of collection as allowed by law.
- All credit card information is handled securely by our credit card processor, Stripe. Company does not collect, store, or process your credit card information.
- PROPRIETARY RIGHTS
- Company Intellectual Property. Company retains sole and exclusive ownership of and all right, title, and interest in and to the Site, Content, Services, and all content and materials therein or transferred thereby, including, but not limited to, software, images, text, graphics, logos, trademarks, trade secrets, trade dress, copyrights, and other intellectual property interests) and to all modifications and enhancements of the Site, Content, and Services (collectively, the “Company IP”), subject only to the rights and privileges expressly granted to you under these Terms. The Pathways to Empower name and logo are trademarks of Company. In addition, the Site is presented with a distinctive “look and feel,” and this “look and feel” is the proprietary property of Company. We reserve all rights not expressly granted under these Terms.
- Use of Content.
- SUMMARY: BY PURCHASING OR DOWNLOADING CONTENT, YOU ARE ONLY GETTING THE RIGHT TO USE IT FOR PERSONAL OR YOUR EDUCATIONAL/INSTRUCTIONAL PURPOSES, SUCH AS PROFESSIONAL DEVELOPMENT OR IN CONNECTION WITH TEACHING OR COUNSELING YOUR STUDENTS. YOU MAY NOT OTHERWISE SHARE OR DISTRIBUTE THE CONTENT. FOR EXAMPLE, DISTRIBUTION BY A SCHOOL TO ITS TEACHERS, OR A PARENT TO A PARENT GROUP, IS RESTRICTED. YOU MAY ALSO NOT CHARGE A FEE FOR SOMEONE ELSE TO VIEW OR USE THE CONTENT. THIS INCLUDES CHARGING STUDENTS FOR ACCESS TO THE CONTENT (OTHER THAN AS PART OF A GENERAL TUITION-BASED PROGRAM).
- IF YOU WANT TO USE THE CONTENT, OR ANY PORTION THEREOF, FOR ANY OTHER PURPOSE, Permission requests should be directed to firstname.lastname@example.org.
- Upon your download or access of Content and payment of any applicable fees (including applicable taxes), Company grants you a limited, non-exclusive, non-transferable, worldwide license only to access, download, view, use, display, and copy such Content solely for your noncommercial personal or noncommercial educational or instructional purposes. Content is licensed, not sold, to you by Company. Company may include additional terms for use within its Content. Those terms will also apply.
- Once Company has made purchased Content available to you for download, we encourage you to download the Content promptly after purchase. As a convenience to you we may continue to make your purchased Content available for re-download through your account, but we do not guarantee that such Content will be available for re-download and we will not be liable to you if it becomes unavailable for further re-download. We may make certain Content available to you from time to time through the Site for which a purchase is not required. You will have access to this Content only for so long as we make it available generally. We may also remove this Content from your account or otherwise restrict your ability to access it.
- Risk of loss for Content transfers when you download or access the Content.
- You may not display, copy, download, sell, resell, transfer, use, distribute, broadcast, or otherwise exploit for any commercial purpose without Company’s express prior written consent.
- You may not upload, post, transmit, communicate to the public, directly or indirectly, any Company IP (including Content), except pursuant to the express limited grant of rights hereunder.
- Any unauthorized use by you of Company’s Marks or other intellectual property automatically terminates the license granted by Company under these Terms and your right to use the Content or Services.
- You may not assign any rights to the Content or any portion of it to any third party.
- You may not remove or modify any proprietary notices or labels on the Content.
- You may not attempt to bypass, modify, defeat, or otherwise circumvent any digital rights management system or other content protection or features used as part of the Content.
- You may not use the Site, Content, or Service for any illegal purpose.
- You may not modify, reverse engineer, disassemble, decompile, translate, create derivative works from, or otherwise alter the Site. You may not use any portion of the Site for any purpose other than its intended purpose.
- Your Information. You represent and warrant that: (a) you own all right, title and interest in Your Information (as defined below); and (b) Your Information does not and will not violate any copyright, trademark, or other intellectual property right or right of privacy or publicity of any third party. You grant Company a non-exclusive worldwide royalty-free license and right to use, reproduce, display, distribute and transmit the information, documents, and other content you upload, including, but not limited to, the name and location of your business, and any images, graphics, logos, designs, text, and other digital files and materials you provide to us or have made publicly available (collectively, " Your Information") in connection with your use of the Site.
- You may cancel your account at any time, however if you want to preserve your Content, you must export it before canceling your account. Your Content may not be recoverable once your account is cancelled.
- Your rights under these Terms will automatically terminate if you fail to comply with any term of these Terms. In case of such termination, you must cease all use of the Site, Content, and Services and we may immediately revoke your access to the Site without refund of any fees. Company’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of its rights.
THIRD-PARTY SERVICES AND CONTENT
- All third-party marks are the properties of their respective owners and may be used by you only in connection with permitted use of the Content or Services and for no other purpose whatsoever.
- We will not knowingly publish content in violation of applicable copyright law. If you believe content has been displayed, reproduced, printed or otherwise distributed by us in violation of any third-party copyright, please notify us in writing. Send your notice to Pathways to Empower LLC, 23 Fairfield Road, Greenwich, CT 06830 attention: legal, and include the following:
- electronic or physical signature of a person authorized to act for the copyright owner
- description of the copyrighted work
- description of where the infringing content is located on this website
- your office or home address, telephone number and email address
- a statement of good faith belief that the use of the work is not permitted by the copyright owner, and
- a statement under penalty of perjury that the above is true and you are authorized to act for the owner.
- COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RESULTS OF THE SITE, CONTENT, OR SERVICE, NOR THE COMPANY OR ANY AND THIRD-PARTY PRODUCTS, SERVICES, INFORMATION, MATERIALS, AND FEES ON THE SITE. COMPANY’S SITE, CONTENT, AND SERVICE, ARE EACH PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE, CONTENT, OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF ANY OF THE FOREGOING.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) COMPANY’S SITE, CONTENT, OR SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (II) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
LIMITATION OF LIABILITY
- EXCEPT TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT A CLAIM TO BE MADE SUBJECT TO THE WITHIN LIMITATIONS, COMPANY, ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES AND AGENTS SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY), CONSEQUENTIAL, SPECIAL, PUNATIVE OR INCIDENTAL DAMAGES OF ANY KIND RELATING TO YOUR USE OF THE SITE OR A LINKED SITE, OR THE USE OF THE CONTENT OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (B) ANY DIRECT DAMAGES IN EXCESS OF THE AMOUNTS PAID BY YOU TO COMPANY IN THE MONTH PRIOR TO THE DATE SUCH DAMAGES AROSE; PROVIDED, HOWEVER, THAT IF A SEPARATELY EXECUTED SERVICES AGREEMENT BETWEEN YOU AND THE COMPANY PROVIDES OTHERWISE, THEN THE TERMS OF THE SERVICES AGREEMENT SHALL GOVERN WITH RESPECT TO LIMITATION OF LIABILITY.
- SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF CLAIMS OR DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO ALL LIABILITIES.
- You agree to indemnify and hold harmless Company, its subsidiaries, affiliates, directors, officers, employees, and agents, from and against any and all liabilities, damages, losses, costs or expenses (including reasonable attorneys’ fees) arising from or relating to any third party claim, action or demand asserted against any of the foregoing parties based on: (a) any breach of these Terms by you; (b) any violation of law, regulation or third party rights in connection with your access and use of the Site, Content, or Service; or (c) any complaint by a third party relating to Your Information.
- You acknowledge that your breach of any of the provisions of these Terms may cause immediate and irreparable harm to Company for which we may not have an adequate remedy in money or damages. We will therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request and will be entitled to recover from you the costs incurred in seeking such an injunction. Our right to obtain injunctive relief will not limit our right to seek or obtain further remedies.
- Should any part of these Terms be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of these Terms should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
- These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut without regard to its choice of law principles and the applicable federal laws of the United States. Without prejudice to our right to injunctive relief from any court of competent jurisdiction, YOU AGREE TO SUBMIT ANY AND ALL CLAIMS AGAINST US ARISING FROM OR RELATING TO THESE TERMS TO BINDING ARBITRATION in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted before a single arbitrator, selected pursuant to the AAA Rules, in Fairfield County, Connecticut.
- Nothing express or implied in these Terms is intended to confer, nor shall anything herein confer, upon any person other than the parties and their respective permitted successors or assigns, any rights, remedies, obligations or liabilities whatsoever. You may not assign any of your rights hereunder and any purported assignment by you shall be invalid. We may assign any and all rights or obligations under these Terms in our discretion.
Updated October 9, 2020
© 2020 Pathways to Empower LLC