PATH2 Conditions of Use
Last Updated: 2020-09-01
USE OF THE PATH2 WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
PLEASE READ THESE TERMS CAREFULLY
1. We Provide Our Website For Your Convenience Only
Our Website is provided to you without charge as a convenience and for your information only. The purpose of this Website is to help you learn about our PATH2 career selection program (the “Program”). Our services are available via our software application.
For purposes of this agreement, “Content” refers to documents, images, graphics, logos, design, audio, video and any other information provided from or on this website, including the identity, contact information and related content and/or links posted by any of the Installers presented on this Website.
2. How You Can Access the Website
As a condition of your use of the Website, you agree to (a) provide us with true, accurate, current and complete information when registering for or using the Website and any available Services and (b) update and maintain the truthfulness, accuracy and completeness of such information.
4. We Provide Our Website “As Is,” Disclaim All Warranties and Limit Our Liability
OUR CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT ASSUME ANY LIABILITY OF ANY KIND RELATED TO YOUR USE OF THE WEBSITE OR THE SERVICES. IN OTHER WORDS, YOU USE OUR WEBSITE AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE OR OUR PROGRAM SPONSORS (“RELEASED PARTIES”) BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS INCLUDES DAMAGES CAUSED BY OR RELATED TO (A) ANY DELAY; (B) SERVICES THAT NEED TO BE RESCHEDULED, (C) CLAIMS FOR LOSS OR DAMAGE TO PROPERTY, LOSS OF USE, LOSS OF DATA OR LOSS OF PROFIT ARISING OUT OF THE INABILITY TO USE THIS WEBSITE OR THE SERVICES;
IN ALL EVENTS, YOU WAIVE THE RIGHT TO BRING OR ASSERT ANY CLAIM AGAINST ANY RELEASED PARTY RELATING TO ANY INTERACTIONS OR DEALINGS WITH ANY INSTALLER, AND YOU HEREBY RELEASE ALL RELEASED PARTIES FROM ANY AND ALL LIABILITY FOR OR RELATING TO ANY INTERACTIONS OR DEALINGS WITH INSTALLERS.
5. About the Information You Provide
For more information on how we handle your personal information, please see our Privacy Notice. With regard to any content you submit to us which is not your personal information (“User Content”), you agree that:
● you grant to us a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, publicly display, create derivative works from, and incorporate into other works any User Content, and further acknowledge that this license cannot be terminated by you once such User Content is submitted to the Website;
● you own or have secured all legal rights and consents necessary for the User Content;
● if these features are enabled, you are solely responsible for your reviews and ratings, and that all of your reviews and ratings are based upon your actual first-hand experiences with the Installer(s) you are reviewing or;
● if these features are enabled, all of your reviews and ratings of the Installer that you are rating will be accurate, honest, truthful, and complete in all respects;
● you will not post or transmit from our Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law;
● you have not received any form of compensation to post reviews and ratings; and
● we may, in our sole discretion, determine whether any User Content complies with the Code of Conduct set forth below, and determine whether to remove or not to remove reviews and ratings once published in accordance with such Code of Conduct.
6. Code of Conduct While Using the Website
With regard to your use of the Website, you agree not to:
● use the Website in any manner that violates any relevant law or that infringes, misappropriates or violates any third-party's rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third-party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
● harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
● knowingly provide or submit false or misleading information;
● attempt to gain unauthorized access to the Website, other user accounts, or other computer systems or networks connected to the Website, or any other systems or networks connected to hacking, password 'mining' or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other user;
● transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines; or
7. We Do Not Have Responsibility for Links to Third-party Content
We may provide hyperlinks or pointers to other sites maintained by third parties or may provide third-party content on our website by framing or other methods. The links to third-party sites are provided for your convenience and information only. The content in any linked sites is not under our control so we are not responsible for the content, including any further links in a third-party site. If you decide to access any of the third-party sites linked to our website, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third-party you link to for your use is free of computer viruses, worms, Trojan horses and other items of a destructive nature.
8. If We Provide a Link, We Do Not Necessarily Endorse Any Third-party
We reserve the right to terminate a link to a third-party site at any time. The fact that we provide a link to a third-party site does not mean that we endorse, authorize, or sponsor that site. It also does not mean that we are affiliated with the third-party site’s owners or sponsors.
9. If a Third-party Links to Our Website, It is Not An Endorsement
If a third-party links to our site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not aware that a third-party has linked to our site.
Except for links which we have initiated, including those from a Program Sponsor, a site that links to our website:
● May link to, but not replicate, our Content
● Should not create a browser, border environment or frame our Content
● Should not imply that we are endorsing it or its products
● Should not misrepresent its relationship with us
● Should not present false information about our products or services
● Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
10. Your Use of Our Website is Restricted
Our Website and its Content are owned and operated by us. The Content is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, the content is protected by trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All right, title and interest to these intellectual properties, including the software and services platform which is used to operate the Website, shall be exclusively owned by PATH2.
No Content from www.PATH2.net, program.PATH2.net, or any other website owned, operated, licensed or controlled by us or by our Program Partners may be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way. You also may not, without our permission, “mirror” any material contained on our Website on any other server. The sole exceptions to these restrictions are:
● you obtain written permission from us to waive these restrictions;
● you may download one copy of the content on a single computer for informational, non-commercial and personal use only, provided you keep intact all copyright and other proprietary notices and do not modify, and will not copy or post, the content on any network computer or broadcast in any media.
Violation of these restrictions is expressly prohibited by law. If you violate these restrictions, you may be subject to civil and criminal penalties. If we grant you permission to waive these restrictions, the permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded materials and printed materials.
The following is a non-exclusive list of registered and non-registered service marks of PATH2 or its subsidiaries, in the United States and/or other countries or jurisdictions: PATH2 and the PATH2 Logo. To the extent a name, logo or design does not appear on the above list, such lack of appearance does not constitute a waiver of any intellectual property rights that PATH2 has established in its product or service names or logos, or in product configurations or designs, all of which rights are expressly reserved.
11. By Providing Content, We Do Not Allow You to Use Our Servicemarks
The service marks and logos of PATH2, along with those of our affiliates and Program Partners, which are used and displayed on our Website are our registered and unregistered trademarks, or those of our affiliates and Program Sponsors. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of these trademarks without our written permission. Requests to use trademarks owned by other companies which may be mentioned on this Website should be directed to such other companies. We aggressively enforce our intellectual property rights. The name of PATH2, our logo or any of the trademarks or service marks of our affiliates and Program Sponsors may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior written permission. You are not authorized to use our logo as a hyperlink to our Website unless you obtain our written permission in advance.
12. You Must Obey Local Laws in Accessing Our Website
The Website is controlled by us from our offices within the United States of America. We make no representation that content or materials in the site are appropriate or available for use in other jurisdictions. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws, including but not limited to the export and import regulations. We are not responsible for any law violations. You may not use or export the materials in this Website in violation of U.S. export laws and regulations.
13. Handling of Copyright Claims
Any party who believes that their copyrighted materials have been improperly posted or used on the Website in a manner which they believe constitutes copyright infringement should provide us with notification containing all of the following information:
● Identify in sufficient detail the copyrighted work(s) (“Work”) that you believe has been infringed upon (i.e., describe the work that you own).
● Provide us with information reasonably sufficient to locate the Work, or describe where you saw it posted.
● Provide a reasonably sufficient method of contacting you. A phone number and email address would be preferred.
● Provide information that you have, if any, sufficient for us to notify the user(s) who posted the Content that allegedly contains the infringing Work. You may also provide screenshots or other materials that are helpful to identify the Work in question. This information is optional, but does help us to resolve issues addressed by your notification.
● Include the following statement: "I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law."
● Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." You must also sign the notification.
This notification must be mailed to our designated Copyright Agent at PATH2:
7 Vintage Way, Coto de Caza, CA 92679-4172
When a valid DMCA notification is received, we will respond under this process by taking down the offending Content, if it has not already been deleted.
TO FILE A COUNTER-NOTIFICATION:
If you believe that a complaint made against any Works posted by you is not the subject of a valid copyright Takedown Notice, and that such material was mistakenly removed, you can provide us with a notification containing all of the following information:
● List any items, whether copyright or not (“Item”) that were removed by us, and the location(s) the Item appeared before it was removed. Please identify the object in sufficient detail for us to determine its prior location.
● Provide your name, address, telephone number, email address (if available).
● State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside (or the Central District of California, if your address is outside of the United States).
● State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
● State the following: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." You must also sign the notification.
This notification must be mailed to our designated Copyright Agent at PATH2, at the address above. On receiving a valid counter-notification, we generally restore the Content in question, unless it is Content that would normally have been deleted under these terms. If we receive notice from the person providing the original notification that a legal action has been filed seeking a court order to restrain the alleged infringement, we will remove the Work until we receive notice of a dispositive resolution of the issue.
We will also provide counter-notifications to the person making the DMCA claim. Regardless of whether or not we reinstitute the Work in question, the person making the claim may elect to file a lawsuit against you for copyright infringement.
14. You Agree to Indemnify Us for Using Our Website
15. Third Parties May Have Rights Under This Agreement
16. How This Agreement May Be Terminated
17. Notices May Be Provided Electronically
18. Applicable Law