Menu
Welcome to the internet sites of The Path Forward, LLC. Thank you for visiting!
This Internet Web Site Use Agreement (the “Agreement” or “Terms”) is between you and The Path Forward LLC (“us” or “we”), related to www.thepathforward.com as well as other websites maintained by us (collectively, the “Web Sites”). Use of the Web Sites signifies your agreement to the terms and conditions of use set forth below in the Agreement:
1. Acceptance
You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB SITES. If you do not agree to these terms and conditions of use, you may not access or otherwise use the Web Sites.
2. Use of Information; Privacy Policy
We may monitor your use of the Web Sites and may freely use and disclose with or without attribution any information and materials received from you or collected through your use of the Web Sites for any lawful reason or purpose. However, personal information shall be handled in accordance with our Privacy Policy.
3. Modification of Agreement
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of this Agreement, including without limitation the Privacy Policy, in whole or in part, at any time. You agree that your continued use of the Web Sites shall constitute your unconditional acceptance of any such changes, modifications, additions or removals, of or to this Agreement.
4. Copyright
The Web Sites are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Web Sites, include, without limitation, text, comments, messages, video, graphics, interactive features, and all other materials contained thereon, including Submissions, as defined in Section 8 (collectively, “Content”) are protected by copyright, and are owned or controlled by us, the party credited as the provider of the Content, respective licensees or advertisers. We respect the intellectual property rights of others and asks users of the Web Sites to do the same.
Except as we specifically agree in writing, no Content from the Web Sites may be used, reproduced, transmitted, distributed, copied or otherwise exploited in any way other than as part of the Web Sites, except that where the Web Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you:
(a) keep intact all copyright and other proprietary notices,
(b) make no modifications to the Content, and
(c) do not use the Content in a manner that suggests an association with any of our products, services or brands.
We may expressly authorize you to redistribute certain Content for personal, noncommercial use. We may revoke this authorization at any time. If you redistribute Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request.
5. Streaming Media
There may be portions of the Web Sites, content, functionality or features (e.g., digital streaming media player(s)) (collectively, “Streaming Media”) that we make available to users for your personal use. While we can obviously change how, to whom and to what extent we make these Streaming Media available at any time without any notice and in our sole discretion, to the extent they are available to you whenever you visit the Web Sites or take advantage of any of these Streaming Media (whether you use these Streaming Media on your own personal or customized web pages, whether they are displayed or appear embedded or housed within a web page or website of anyone else, whether a commercial website or web page, an advertisement, promotional message or even a personalized or customized web page of a friend or through any device that can access any of these Streaming Media), you agree not to download any content made available as part of the Streaming Media and acknowledge that such content is available only for streaming viewing and, further, that you are bound by the applicable provisions of this Agreement and our Privacy Policy.
6. RSS Feeds and Podcasts
The Web Sites may provide RSS Feeds (“RSS Feeds”) consisting of selected Content, including without limitation text, audio, video, and photographic content (“Content”) from the Web Sites that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts (“Podcasts”) which may include as part of the Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user’s device or transferred to a portable listening device. Certain software and hardware are required for users to download and view and/or play Content through RSS Feeds. By your access to and use of RSS Feeds, you understand, acknowledge and agree that the Web Sites, The Path Forward LLC, our subsidiaries, licensees, assignees, distributors, agents, representatives, affiliates, officer, directors, employees and other authorized users do not warrant that our RSS Feeds will operate on all user equipment. Please see the “Disclaimer of Warranties” and “Limitations of Liability” sections below for further details.
7. Sweepstakes, Contests, or Promotions
Any sweepstakes, contest or similar promotion made available through the Webs Sites or for which we may, from time to time, send e-mail messages to you will be governed by official rules that are separate from and may vary from these Terms. By participating in any such sweepstakes, contest or similar promotion, you will become subject to our specific official rules. Note, however, that you remain subject to these Terms to the extent they do not conflict with the applicable official rules.
8. Licenses and Representations
For all materials, comments, or submissions you make through the Web Sites (collectively, “Submissions”), you hereby grant us, our, licensees, assignees, distributors, agents, representatives, affiliates and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including without limitation on the Web Sites, on third party web sites, on our broadband and wireless platforms, products and services, and on physical media) for any and all purposes related to the services provided by us to you and our clients, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License”).
9. Reserved
10. Mobile Applications
If we offer products and services through applications available on your wireless or other mobile device (such as a mobile phone) (the “Mobile Application Services”), these Mobile Application Services may be governed by additional terms governing the applicable Mobile Application Service (“Additional Terms”). We do not charge for these Mobile Application Services unless otherwise provided in the applicable Additional Terms. However, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost.
11. Changes to Web Sites
We may change, suspend or discontinue any aspect of the Web Sites at any time, including the availability of any Web Site feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Web Sites without notice or liability.
12. Copyright Infringement Complaints
If you believe in good faith that any materials accessible on or from the Web Sites infringes your copyright, you may provide a written notice to us at barbara@thepathforward.com. The written notice must include substantially the following:
13. Indemnity
You hereby agree to indemnify, defend and hold us harmless from and against any and all claims, actions, damages, liabilities and costs (including, without limitation, attorneys’ fees and court costs) incurred by us in connection with or arising out of any breach by you of the Agreement or of the representations, warranties and covenants contained in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
14. Web Links/Advertising
The Web Sites contains links and pointers to the other related Internet sites, resources, advertiser, and sponsors of the Web Sites. Links to and from the Web Sites to other third-party sites, maintained by third parties, do not constitute an endorsement by us or any of its subsidiaries or affiliates of any third-party resources, or their contents. We disclaim any and all responsibility for content contained in any third-party materials provided through links from the Web Sites.
From time to time, you may communicate with, receive communications from, be redirected to, interact with, or participate in or use the services or obtain goods and services of or from our advertisers, sponsors, or promotional partners (collectively, the “Advertisers”) as a result of your use of the Web Sites. All such communication, interaction and participation are strictly and solely between you and such Advertisers, and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
15. E-Commerce
If products and services are made available for purchase through the Web Sites and you wish to purchase such products or services, you may be asked by us or our designee (or, if such product or service is being made available by a third-party provider, by such third-party provider) to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR USERNAME(S) TO PURCHASE ANY SUCH PRODUCT AND/OR SERVICE. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Web Sites. Verification of information may be required prior to acceptance of any order through the Web Sites. Descriptions or images of, or references to, products or services on the Web Sites do not imply our endorsement of such products or services. We reserve the right, with or without prior notice, to change descriptions or references to products or services; limit the available quantity of any product or service; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any visitor to any of the Web Sites with any product or service. Price and availability of any product or service offered through any of the Web Sites is subject to change without notice. Refunds and exchanges shall be subject to our refund and exchange policies, as may be made available and updated from time to time. You agree to pay all charges that may be incurred by you or on your behalf through the Web Sites, at the price(s) in effect when such charges are incurred, including all shipping and handling charges. In addition, you remain responsible for any and all taxes that may be applicable to your purchase(s), and you agree that such taxes, if any, are not our responsibility.
16. Ads and Malware
We take great care and pride in creating the Web Sites. We are always on the lookout for technical glitches that effect how the Web Sites work. When we find them on our end, we will attempt to fix them in a timely manner. Unfortunately, your computer may cause some glitches that effect how you see our Web Sites — and that is beyond our control.
If you experience any unusual behavior, content or ads on the Web Sites, it may be the result of Malware on your computer. Malware is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Web Sites is working properly, sometimes Malware programs on your computer may interfere with your experience on our Web Sites and on other sites that you visit.
We are not responsible for the effects of any third-party software including Malware on your computer system. You should carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at barbara@thepathforward.com.
17. Disclaimer of Warranties
THE WEB SITES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITES, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE PATH FORWARD LLC, OUR LICENSEES, ASSIGNEES, REPRESENTATIVES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER AUTHORIZED USERS MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITES OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITES, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITES OR ANY LINKED SITE. FURTHER, THE PATH FORWARD LLC DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITES OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PATH FORWARD LLC, OUR LICENSEES, ASSIGNEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER AUTHORIZED USERS SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
18. Limitation of Liability
THE PATH FORWARD LLC, OUR LICENSEES, ASSIGNEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER AUTHORIZED USERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEB SITES, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEB SITES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITES AND/OR SITE-RELATED SERVICES IS TO STOP USING THE WEB SITES AND/OR THOSE SERVICES.
19. Choice of Law; Jurisdiction
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH CAROLINA, UNITED STATES OF AMERICA, WITHOUT REGARD TO CONFLICTS OF LAWS OR CHOICE OF LAW PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN CHARLOTTE, NORTH CAROLINA.
20. Miscellaneous
This Agreement constitutes the entire agreement between The Path Forward LLC and you with respect to your use of the Web Sites. You agree that any cause of action you may have with respect to your use of the Web Sites must be commenced within one (1) year after the claim or cause of action arises, or else is irrevocably waived. Paragraph headings are for reference only and do not in any way define or limit the scope or meaning of such paragraph. If we fail to take action concerning any breach by you of this Agreement, you agree that any such failure to act does not waive our right to take action concerning any subsequent or similar breach. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Revision Date: March 1, 2021