Terms of Use

PATHIFY TERMS OF USE 

 

1.Overview 

1.1. This Agreement was last revised on 20 June 2022. 

1.2. These Terms of Use (“Terms”) govern your use of the Pathify web and mobile portal software and services (the “Service”) and form a binding contractual agreement between you, the user of the Service and us, Path Education Inc. and its parent and subsidiary entities (together “Path”). For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Service. 

You can contact us at: 

Path Education Inc. 

5910 S. University Blvd, C-18 #224 

Greenwood Village, CO. 80121 

Tel: +1 (720) 410-2177 

1.3. The Service offers the ability for an educational institution’s students and employees to utilize a web and mobile portal software (“Portal”). 

1.4  We license the Service to your educational institution pursuant to a software and services license agreement with it. By using the Service, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you access or use the Service on behalf of another person you represent that you have the authority to bind that person, and these Terms are the agreement of such person. In that event, any reference to “you”, “your” and “user” refer to that person. Even if your educational institution has a separate agreement with us, you are still bound by these Terms. 

1.5. In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such user; (ii) controlling the user’s access to and use of the Services; and (iii) the consequences of any misuse. Path requires that the parents, guardian, or other authorized adult or educational institution of a minor affirmatively consent to the use of a Path. Services by such minor. Path reserves the right to provide access to the minor’s account to the minor’s parents, guardian or other authorized adult or educational institution, upon such adult’s request. 

1.6. By using the Service, you agree to our Privacy Policy which governs how we collect, use, share and store your personal information. For additional information on how we use your information, please see our Privacy Policy at https://pathify.com/privacy-policy/.

1.7. You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users. Path shall have no liability for your interactions with other Users, nor for any user’s acts or omissions. 

1.8. If you do not agree to the Terms in their entirety, you are expressly prohibited from using the Service and you must discontinue its use immediately. 

1.9. The information provided on the Portal is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Portal from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

1.10. For the avoidance of doubt, personal information that includes Student Data (as defined below) provided to through the use of these Services is governed by the terms of the agreement between Path and the educational institution relevant to your use of the Services. As between Path and you, you and/or the educational institution own all right, title and interest to all Student Data you provide or otherwise make available to us and we do not own control or license such Student Data otherwise make available to us, and we do not own, control, or license such Student Data, except so as to provide the Services to you and to the educational institution that provides the products and controls Student Data from the educational records, if applicable, and as described herein. “Student Data” is any information (in any format) that is directly related to an identifiable current or former student that is maintained by a school, school district, or related entity or organization, or by us, as part of the provision of the Services. Student Data may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g). Path agrees to treat Student Data as confidential and not to share it with third parties other than as described in Path's agreement with the educational institution. 

2. License to use Service 

2.1. Subject to the terms and conditions of these Terms, we hereby grant to you a limited, personal, non-transferable license to use the Service in the manner contemplated by these Terms solely for your own personal, non-commercial use. Users shall have no right to sub-license or resell the Service or any component thereof. We may make software updates to the Service available to you, which you must install to continue using the Service. Any such software updates may be subject to additional terms made known to you at that time. 

2.2. You must have a registered “Member” account to use the Service. Your account gives you access to the Service and functionality that Path may establish and maintain from time to time at our sole and absolute discretion. We reserve the right to change the account type, suspend or terminate the account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements. 

2.3. You may access and use the Service (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Service for your own personal, non-commercial use. 

2.4. We do not warrant that the Service will be compatible with your mobile device or carrier. Your use of the Service may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Service if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls. 

2.5. The Service contains links to other websites as well as suggestions, recommendations, feedback, stories, photos, documents and other materials or information (“Content”) added by users other than us. Your access of other users’ and third parties’ Content and information is at your own risk. We do not endorse, sponsor or approve any such user generated Content or any Content available on any linked website. 

2.6. You must not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Service any material that: 

2.6.1. you do not hold all necessary rights, licenses and consents necessary to do so; 

2.6.2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation; 

2.6.3. that is or contains a true threat(s), obscenity under law, or other forms of unprotected speech; 

2.6.4. that would be considered a criminal offense, otherwise unlawful, or a violation of the codes and policies of your institution;  

2.6.5. that contains corrupted data or any other harmful, disruptive, or destructive files; 

2.6.6. that advertises products or services competitive with Path or its customers’ products and services, as determined by us in our sole discretion; 

2.6.7. that breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property (including the Intellectual Property Rights defined in clause 5.1); 

2.7. We have no obligation to monitor any Content. However, we may monitor content to detect and prevent fraudulent activity or violations of these Terms. In the event that any such activity or violations are identified, we will report them to the appropriate administrators at your institution. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content. 

2.8. You acknowledge and agree that: 

2.8.1. we retain complete editorial control over the Service and may alter, amend or cease the operation of the Service at any time in our sole discretion; 

2.8.2. your educational institution may view or have control over all or some of the items, and information included on the Portal; 

2.8.3. we reserve the right to report any of the material referred to in clause 2.6 to the appropriate administrators at your institution; 

2.8.4. the Service will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); 

2.8.5. we may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service under circumstances permitted by your institution’s social media policy in the event that you violate these Terms; and 

2.8.6. we reserve the right to offer alternative and/or additional services to certain administrative users, including administrators of the Portal, that may not be offered to general users. 

2.9. Your use of the Service is subject to any agreement between you and your educational institution, including your educational institution’s policies, guidelines, and procedures concerning the Content you post on the Service. 

2.10. Portal administrators and other users with elevated permissions may view or delete Content you post on the Service in accordance with your institution’s social media policy. 

2.11. Users of the Service may form a group and only members of a group will be able to access Content posted by the group (“Private Group”) unless it is a “Public Group”. Content posted within a Private Group or within a Private Message conversation may only be accessed by non-Group members if required for the purposes of dispute resolution or as otherwise required by law. Notwithstanding the foregoing, administrators of the Portal may access Content posted within a Private Group or within a Private Message conversation. 

2.12. If you become aware that a user of the Service is not authorized to be a Member of a Portal or is otherwise in breach of these Terms, you must contact us with details of the relevant user. 

2.13. You may never use another Member’s account without permission. 

2.14. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. 

2.15. We reserve the right to give you and other Members the opportunity to participate in surveys organized by us from time to time including, among others, surveys about your experience with the Portal. By participating in a survey, you agree that all responses to such surveys and other feedback regarding Path and the Portal, shall be deemed confidential information and shall be used solely for to improve the Service.

3. User Restriction 

3.1. You may not, nor may you permit any third party, directly or indirectly, to: 

3.1.1. export the Service, which may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII); 

3.1.2. access or monitor any material or information on any of our system using, without limitation, any manual process or robot, spider, offline readers, scraper, or other automated means that accesses the Service in a manner that sends more request messages to the Path servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; 

3.1.3. except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on the Service, work around, bypass, or circumvent any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble or otherwise reverse engineer the Service; 

3.1.4. perform or attempt to perform any actions that would interfere with the proper working of the Service, prevent access to or use of the Service by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure; 

3.1.5. copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Service from Path; 

3.1.6. collect or harvest any personally identifiable information, including account names, from the Service nor to use the Service for any commercial solicitation purposes or unsolicited bulk messages; 

3.1.7. use and benefit from the Service via a rental, lease, timesharing, service bureau or other arrangement; 

3.1.8. transfer any rights granted to you under these Terms; 

3.1.9. use the Service in a way that distracts or prevents you from obeying traffic or safety laws; 

3.1.10. use the Service for any illegal activity or goods or in any way that exposes you, other users, our customers, or Path to harm; or 

3.1.11 otherwise use the Service except as expressly allowed under these Terms. 

3.2 If we reasonably suspect that your account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your account, and any of your transactions with law enforcement. 

4. Eligibility 

4.1. You are only eligible to use the Service if you are fifteen (15) years of age or older. 

4.2. Any registration, use or access to the Service by any person under fifteen (15) years is unauthorized, unlicensed, and in breach of these Terms. 

4.3. If you are under seventeen (17) years of age you may only use the Service if you are: 

4.3.1 a minor who is not legally dependent on an adult, or if you have obtained legal parental or guardian consent; and 

4.3.2. you are able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to comply with these Terms without legal restriction. 

5. Intellectual Property Rights 

5.1 For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright, rights of publicity, trademarks, goodwill, trade secret rights and other intellectual property rights as may exist or may hereafter come into existence, and all applications therefore and registration, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. 

5.2. Nothing in these Terms constitutes a transfer of any Intellectual Property Rights. You acknowledge and agree that, as between you and us, we own all Intellectual Property Rights in the Service and its materials, including without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music. Nothing in these Terms shall be deemed to create a license in or under Path’s Intellectual Property Rights. 

5.3. By posting or adding any Content onto the Service, you warrant that you have all necessary rights, including any necessary permissions and licenses to use any Intellectual Property Rights in such Content, and grant us a non-exclusive, royalty-free, worldwide and transferable right and license to use that Content only for the purpose of being able to provide the Service to you. 

5.4. You represent and warrant to us that you have all necessary rights to grant the licenses and consents set out in clause 5.3. 

6. No Warranties 

6.1. THE SERVICE IS PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, PATH SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 

6.2. PATH DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

7. User Representations & Warranties 

7.1. You represent and warrant to us that: 

7.1.1. you have the legal the right, power, and capacity to enter into and perform under these Terms; 

7.1.2. you are an eligible user of the Service in accordance with clause 4; 

7.1.3. your use of the Service will be in compliance with these Terms; 

7.1.4. you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Service; and 

7.1.5. no Content you post on the Service will infringe another party’s rights including without limitation any Intellectual Property Rights, rights of publicity and privacy nor will such Content infringe any laws. 

8. Liability

8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PATH BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, IDENTITY THEFT, MALFUNCTIONING OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL PATH EDUCATION INC. BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. 

8.2. You must notify Path immediately of any breach of security or unauthorized use of your account. 

8.3. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option: 

8.3.1. in the case of goods: 

8.3.1.1. the replacement of the goods or the supply of equivalent goods; 

8.3.1.2. the repair of the goods; 

8.3.1.3. the payment of the cost of replacing the goods or of acquiring equivalent goods; 

8.1.3.4. the payment of having the goods repaired, and 

8.3.2. in the case of services: 

8.3.2.1. the supply of the services again; or 

8.3.2.2. the payment of the cost of having the services supplied again. 

9. Third Party Products 

9.1. All third-party hardware and other products included or sold with the Service are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. 

9.2. PATH MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. 

10. Modification & Termination 

10.1. These Terms terminate automatically if, for any reason, we cease to operate the Service. 

10.2. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Service or any feature or aspect of a Service. We will take reasonable steps to notify you of termination or these other types of Service changes by email or at the next time you attempt to access your account. 

11. Security & Privacy 

11.1. Path have implemented technical and organizational measures designed to secure your personal information and Content posted from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and/or Content posted for improper purposes. You provide your personal information at your own risk. 

11.2. You are responsible for safeguarding your password and for restricting access to the Service from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or account or any other breach of security. 

12. General 

12.1. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms. 

12.2. If a provision of these Terms is invalid or unenforceable under law it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. 

12.3. You acknowledge that these Terms constitute the entire agreement between you and us regarding your use of the Service and supersedes all prior agreements with respect to the subject matter of these Terms. 

12.4. Each party must at its own expense do everything reasonably necessary to give full effect to this Terms and the events contemplated by it. 

12.5. We reserve the right to modify, supplement, or replace these Terms. Any modified, supplementary, or replacement Terms (“Amendments”) shall be effective upon posting on [https://help.pathify.com/hc/en-us/articles/360031263414-Terms-of-Use] or notifying you otherwise. Your continued use of the Service shall be a deemed acceptance of such Amendments. 

12.6. Any failure to act with respect to a breach of these Terms by you or others does not constitute a waiver of our right to act with respect to that breach or subsequent similar or other breaches. 

12.7. You may not assign or delegate any rights or obligations under these Terms. We reserve the right to assign or delegate all rights and obligations under these Terms without notice to you. 

12.8. This Agreement is governed by the laws of Utah, U.S.A. and each party submits to the jurisdiction of the courts of the State of Utah, U.S.A. 

12.9. Any complaints relating to your use of the Service should be directed to us at the address listed at the start of these Terms.