1.1. This Agreement was last revised on 29 July 2020.
You can contact us on:
Path Education Inc.
5910 S. University Blvd, C-18 #224
Greenwood Village, CO.
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 licence 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 Education Inc. requires that the parents, guardian, or other authorized adult or educational institution of a minor affirmatively consent to the use of a Path Education Inc. Services by such minor. Path Education Inc. 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.
1.7. 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 Education Inc. 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 Path Education Inc. through the use of these Services is governed by the terms of the agreement between Path Education Inc. and the educational institution relevant to your use of the Services. As between Path Education Inc. 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, 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 Education Inc. agrees to treat Student Data as confidential and not to share it with third parties other than as described in Path Education Inc.'s agreement with the educational institution.
2. Licence 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 Education Inc. 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. unless you hold all necessary rights, licences and consents 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 could reasonably be considered to be false, misleading, unlawful, obscene, inappropriate, defamatory, libelous, disparaging, indecent, lewd, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred discriminatory, blasphemous, in breach of confidence or in breach of privacy;
2.6.4. that encourages conduct that would be considered a criminal offense or gives rise to civil liability;
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 Education Inc. or its customers’ products and services, as determined by us in our sole discretion;
2.6.7. that, in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose Path Education Inc., its affiliates or its customers to harm or liability of any nature;
2.6.8. that would bring us, or the Service, into disrepute; or
2.6.9. 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. Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. We may also monitor such Content to detect and prevent fraudulent activity or violations of these Terms. 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 therein, listed in clause 2.8.1 above;
2.8.3. we reserve the right to delete any of the material referred to in clause 2.6;
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 without notice or any liability if you breach any material provision of 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.
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.
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 Education Inc. 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 Education Inc.;
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 Education Inc. 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.
4.1. 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, moral rights, rights of publicity, trademarks, goodwill, trade secret rights and other intellectual property rights as may not 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 licence in or under Path Education Inc.’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 licences to use any Intellectual Property Rights in such Content, and grant us a non-exclusive, royalty-free, worldwide and transferable right and licence 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 licences and consents set out in clause 5.3.
6. No Warranties
6.1. THE SERVICE ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, PATH EDUCATION INC. SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
6.2. PATH EDUCATION INC. DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE ARE 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 ARE 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 or be likely to infringe on any laws.
8. Liability and indemnity
8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PATH EDUCATION INC. 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 Education Inc. 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:
184.108.40.206. the replacement of the goods or the supply of equivalent goods;
220.127.116.11. the repair of the goods;
18.104.22.168. the payment of the cost of replacing the goods or of acquiring equivalent goods;
22.214.171.124. the payment of having the goods repaired, and
8.3.2. in the case of services:
126.96.36.199. the supply of the services again; or
188.8.131.52. the payment of the cost of having the services supplied again.
8.4. You agree to indemnify, defend, and hold harmless Path Education Inc. and its subsidiaries, agents, managers and all affiliated educational institutions (including the educational institution’s Portal you have a Member account with), and their employees, contractors, agents, officers, directors, affiliates and representatives from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation legal fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to:
8.4.1. any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms;
8.4.2. your wrongful or improper use of the Service;
8.4.3. the use of any Content you post, and arising from any other party’s access and use of the Service with your unique username, password or other security code;
8.4.4. your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;
8.4.5. your violation of any law, rule or regulation of the United States or any other country; and
8.4.6. any other party’s access and/or use of the Service with your unique name, password or other appropriate security code.
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 EDUCATION INC. 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.
10.3 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
11. Security & Privacy
11.1. Path Education Inc. 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.
11.3. Details of Path Education Inc.'s privacy measures can be found here.
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 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.pathhq.com/hc/en-us 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 Delaware, U.S.A. and each party submits to the jurisdiction of the courts of Delaware, 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.