Pathminder

Terms of Service

July 1, 2024

Acceptance of the Terms of Service

These Terms of Service are entered into by and between you and Pathminder LLC (“Company,” “we,” or “us”). The following Terms of Service (“Terms”) govern your access to and use of our websites https://www.pathminder.co/ and https://www.pathcheck.com, Pathminder Meetings™ and Pathcheck™ (collectively the “Services”).

Please read the Terms carefully before you start to use our Services. By using the Services or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Services.

Changes to the Terms of Service

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services.

Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Children

Our Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

Changes to the Services

Pathminder strives to maintain good availability of the Services but reserves the right at any time to modify, suspend, or discontinue the Services (or any portion thereof) with or without notice, and Pathminder will not be liable to you or to any third party for any such modification, suspension, or discontinuance; provided that we will attempt to provide you advance notice of any anticipated suspension or discontinuance and refund you on a pro-rata basis for any prepaid fees for the Services not yet received as a result of any suspension or discontinuance of the Services.

Pathminder may in its sole discretion from time to time develop patches, bug fixes, updates, upgrades, and other modifications to the Services (“Updates”). We may develop Updates that require installation by you before you continue to access or use the Services. Updates may also be automatically installed without providing any additional notice to you or receiving any additional consent from you. The manner in which Updates may be automatically downloaded and installed may be affected by settings on your device and its operating system.

Privacy Notice

In addition to these Terms, the Pathminder Privacy Notice (https://www.pathminder.co/privacy) governs all information you provide to us via the Services, and you agree to all actions we may take with respect to your information consistent with our Privacy Notice.

Third Party Materials

The Services may provide links to other websites or resources. Pathminder does not endorse and is not responsible for any third-party content, advertising, products, services, or other materials on or available through such sites or resources. These sites are subject to different terms and conditions of use, which you are responsible for reviewing. Your dealings with advertisers and other third parties who market, sell, buy, or offer to sell or buy any goods or services on the Services are solely between you and the advertiser or other third party. You agree that Pathminder is not liable for any damage or loss of any kind incurred as a result of any such dealings.

Accessing the Services

We reserve the right to withdraw or amend our Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services we offer.

You are responsible for making all arrangements necessary for you to have access to the Services, and for ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete.

You agree that all information you provide to register on our Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Notice, and you acknowledge to all actions we take with respect to your information consistent with our Privacy Notice.

You may browse the Services without registering, but some features or functionality may not be accessible unless you register. In registering for the Services, you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by the Services’ registration form; and (ii) maintain and promptly update the information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we reasonably suspect that you have done so, we may suspend or terminate your account.

Account Security

You are fully responsible for all activities that occur under your account. You may not share your account or password with anyone. You agree to notify us immediately of any unauthorized use of your account or password or any other similar breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You are solely responsible for any data, usage, and other charges assessed by mobile, cable, internet, or other communications services providers for your access to and use of the Services. If there is a fee listed for any portion of the Services or Services, by accessing or using that portion, you agree to pay the fee.

The Services are licensed, not sold, to you, and all rights granted to you under these Terms are subject to your compliance with the Terms. Without limiting our other rights or remedies under these Terms, you agree we have the right to limit and/or disable your access to the Services if you violate any provision of these Terms or your use of the Services would cause a risk of harm to others.

We may release certain features or functionality that we are still testing (“Beta Services”). We typically offer Beta Services so that we can collect user feedback, and by using our Beta Services you agree that we may contact you to collect such feedback. You will keep all Beta Services confidential until official launch. If you use any Beta Services, you agree not to disclose any information about those Beta Services to anyone else without our prior written consent.

Content

All information, data, text, software, music, sounds, images, graphics, videos, messages, scripts, tags, and other materials accessible through the Services, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Pathminder, are entirely responsible for all Content that you upload, post, transmit, or otherwise make available through the Services (“Your Content”), and other users of the Services, and not Pathminder, are similarly responsible for all Content they upload, post, transmit, or otherwise make available through the Services (“User Content”).

Pathminder has no obligation to pre-screen Content (which includes without limitation Your Content and User Content), although we reserve the right in our sole discretion to pre-screen, refuse, or remove any Content. Without limiting the generality of the foregoing sentence, we have the right to remove any Content that violates these Terms. We do not warrant the accuracy, completeness, or usefulness of Content. Any reliance you place on such Content is strictly at your own risk.

To the extent that you submit any Content, you represent and warrant that: (i) you have all necessary right and authority to grant the rights set forth in these Terms with respect to Your Content; and (ii) Your Content does not violate or misappropriate any intellectual property or other right of any other party.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the provisions included in these Terms.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Pathminder, a Pathminder employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Pathminder or users of the Services, or expose them to liability.

Additionally, you agree not to:

Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.

Monitoring and Enforcement

We have the right to:

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS PATHMINDER FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PATHMINDER DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER PATHMINDER OR LAW ENFORCEMENT AUTHORITIES.

Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

This Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Pathminder, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Pathminder. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Trademarks

The Company name, Pathminder, Pathminder Meetings and Pathcheck Instant Verification, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Intellectual Property Rights

The Services and their contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) and our Services are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use our Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services. You must not access or use for any commercial purposes any part of the Services we provide. You must not modify copies of any materials from the Services or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

If you copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Pathminder. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Geographic Restrictions

We make no claims that the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Services or items obtained through the Services or to your downloading of any material posted on it, or on any site linked to them.

Your use of the Services is at your own risk. The Services or items obtained through the Services is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. Without limiting the foregoing, neither Pathminder nor anyone associated with Pathminder represents or warrants that Pathminder or items obtained through the Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Services or the server that makes them available are free of viruses or other harmful components, or that the Services will otherwise meet your needs or expectations.

To the fullest extent provided by law, Pathminder hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability

To the fullest extent provided by law, in no event will Pathminder, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Services, any websites linked to them, any content on the Services or such other websites or applications, including any direct, indirect, special, incidental, consequential, or punitive damages, including those arising from the loss of data or a data breach, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Pathminder, its licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms, and any dispute or claims arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Pathminder’s sole discretion, it may require you to submit any disputes arising from these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Washington law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Pathminder of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pathminder to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

Indemnification

Entire Agreement

These Terms of Use, our Privacy Policy, and Refund Policy constitute the sole and entire agreement between you and Pathminder regarding the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.