APPLICABLE TERMS AND CONDITIONS OF SERVICE. If
we decide to change our Privacy
Policy, we will post those changes to this page and any other places we deem appropriate so that you are aware
of what personal information we collect, how we use it, and under what
circumstances, if any, we disclose it.
The effective date of this Privacy
Policy is noted
below. We reserve
the right to modify this Privacy Policy at any time, so
please review it frequently. If we make material changes to this Privacy
Policy, we will notify you here, or by other means, such as e-mail, at our
discretion. Your continued use of any portion of our Services following the
posting of the updated Privacy Policy will constitute your acceptance of the
changes.
In order to provide
our Services, we collect information about you that, alone or in
combination with other information, can be used to identify
you as an individual (“personal information”). What personal information we collect and process depends
on how and why you interact
with us
Personal Information You Provide. When you register for an
account or subscribe to any of our Services, we collect a variety of
information about you, including your contact information such as your name,
email address, contact number, mailing address, date of birth, dating
preferences, etc. When you sign up for our Services, you may provide us with
answers to our proprietary questionnaire (our Compatibility Quiz),
which we use to build a
personality profile for you and to match you with other compatible singles. You
may also choose to provide us with your photo(s), which may contain personal
information. By providing us photo(s), you agree that we may make them
available to your matches and users of PATHS’s Services. We may also collect
your name, contact information (such as your email), and a copy of your
correspondences with us, if you contact us. If you are a Premium Member, you
will also be able to communicate with your matches via video chat in selected
countries. If you use the video chat feature, you acknowledge
and agree that the matches with whom you choose to video chat will have access
to video of you.
Furthermore, PATHS uses a
third-party service provider to enable the video chat feature, and you agree
that PATHS will transfer your IP address and profile ID to this service provider
strictly for the purpose of providing the service.
To process purchases, we may
require your name, address, phone number, email address and payment
information, including but not necessarily limited to credit or debit card
information and associated account information. If you would like us to delete
such payment information from our
systems, you may contact us as
described under the “Contacting Us” below.
Sensitive Information. During the registration process and while updating your profile, you
may provide us with personal
information that is considered “sensitive” in your
jurisdiction, including but not limited
to, religious beliefs,
ethnicity and political
views. This information is only used by us to provide
the services to you. By providing this information,
you agree to PATHS’s storing, processing, and use of such data for the purposes
stated above. You may change or
update your information by accessing your profile at any time or
select the “prefer not to specify” option in response to any questions
requesting such information.
Surveys. We may periodically conduct voluntary member
surveys. We encourage our members to participate in such surveys because they
provide us with important information regarding the improvement of our Services. You may also volunteer for certain
surveys that we may offer to our users, and any additional rules regarding the
conduct of such surveys will be disclosed to you prior to your participation.
We do not link the survey responses to any personal information, and all
responses are anonymous.
Personal Information We Automatically Collect. When you
access or use our Services, we automatically
collect information about how you access and use our Websites and Services.
The information we collect includes your IP address, browser type, Internet
service provider (ISP), referring/exit pages, platform type, date/time stamp,
and number of clicks. If you use a mobile device to access or download any of
our Services, we may also collect device information (such as your mobile
device ID, model and manufacturer), operating system, and version information.
While this information, taken together, could be considered personal
information, we do not use this information to personally identify
you. We use this information in the aggregate to analyze trends,
administer our Services, prevent fraud, understand how users interact with our
Services, and gather demographic
information to tailor our visitors’ experience on our Services, show them content
that we think they might be interested in, and display
the content according to their preferences. We do not share this
information with third parties.
The technologies we use to automatically collect
data from you may include:
1. Cookies & Web Tracking. We use “cookies” to keep
track of some types of information while you are accessing or using our
Services. Cookies are very small files placed on your computer, and they allow
us to count the number of visitors to our Websites and distinguish repeat visitors from new visitors.
They also allow us to save user preferences and track user
trends. We rely on cookies for the proper operation of our Websites; therefore
if your browser is set to reject all cookies, the website will not function
properly. Some cookies are automatically erased after the end of the browser
session (these are “session cookies”), whereas other cookies are stored for a
predetermined amount time or permanently in your browser, before they erase
themselves (these are “temporary” or “permanent” cookies).While
a cookie may distinguish your device, it will not name you. Almost every
website uses cookie technology.
You can find more details about
the cookies and pixels that we use for the Websites here and for the Applications here. We have listed
the name of each cookie and each
other web tracking mechanism, as well as the intended
purpose of the cookie
or other web tracking mechanism and other important information.
What kind of cookies does PATHS use?
We use certain cookies to make
sure that our Websites and our Services are easy, secure and safe to use. Without
these cookies, Services
that you have asked for (such
as secure Websites and Services), would not be possible. This category of
cookies includes:
» Cookies that identify or authenticate our users to ensure that our Service
is secure;
» Cookies that temporarily store certain user entries ;
» Cookies that store certain
user preferences (such
as your language
choices).
We use analytics cookies
to record usage
data about our users (e.g.
which users have visited which of our subpages, etc.)
and to evaluate this information statistically.
We also allow third
parties to collect
our users’ data through advertising cookies or pixels
placed on our website. These cookies allow us and other third parties to
provide you with interest-based advertising that is based on an analysis of
your usage behavior (e.g., which banner ads you have clicked on, which subpages
you have visited, etc.) on the internet and our Services.
How can you deactivate or erase
our cookies?
You can deactivate cookies on
your device via your browser settings; and you can erase any cookies already
stored on your device at any time in your browser. Please note, however, that if you choose
to deactivate or remove cookies, doing so may prevent certain features on our
Websites from working properly and therefore affect your experience on our
Websites. In addition, you may not be able to use all the features of our
Service if you deactivate or remove cookies.
For additional information and opt-out instructions for interest-based advertising, please review our Third Party
Advertising below.
2. Web Beacons. “Web beacons” (also known
as “clear gifs” and “pixel tags”) are small transparent graphic images that are often
used in conjunction with cookies in order
to further personalize our website for our users and to collect a limited set
of information about our visitors. We may also use web beacons in email
communications in order to understand the behavior of our customers.
3.
Web Analytics. We collect and use statistical information about your use of our
Services to make it more user-friendly, to understand our market share, to
conduct other market research
and to make sure that we display
relevant advertisements for you. To this end, we work with various
authorized service providers; and we use analytics tools in our Services.
However, these tools will not use your IP address, or (if they do), they will
shorten it immediately after collection (which means that it will be less
clearly be linked to your device). These tools will also generate user profiles
by using analytic cookies or by evaluating log files; however these user
profiles will not be linked to your real world information and will not name
you.
4. Promotional e-mails. Promotional e-mail
messages we send you may contain code that enables our database to track your usage of the e-mails,
including whether the e-mail was opened and what links (if
any) were clicked. If you would rather not receive promotional e-mails from us,
please see the section below labeled
“Choice/Opt-Out.”
Personal
Information We Receive from Others. In addition to information
you provide us directly, and that we collect
automatically, we also may receive
personal information from:
·
Fraud-detection and credit-reference agencies to correct
our records and help prevent and detect fraud;
·
Sources that are available to the public, which we might
combine with information that we collect from you directly; and
·
A family member
or someone else acting on your behalf.
We encourage users to refer a
friend to our Singles Service by sending us a friend’s name and email address.
We will send that person a one-time e-mail containing your name and inviting
them to visit our site. This e-mail will contain a contact-address to send
their request if they want to unsubscribe. We will not keep information about your friend
in our database after the
email has been sent. If you refer a friend, you agree that you will not abuse
this feature by entering names and addresses of those who would not be
interested in PATHS’s Services. For some of our Services, you may also give
gift memberships to your friends, in which case we will use your friends’
e-mail address that you provide in order to deliver the gift.
We use information that we collect
about you or that you provide to us, including
any personal information, to:
·
Provide and secure
our Services;
·
Establish and manage user accounts, such as your “My Profile”;
·
Display the public fields of your profile
to your matches,
including recent login
date, user name, photos, videos, and other profile content;
·
Provide customer support,
troubleshoot issues, manage our Services, and respond to requests,
questions, and comments;
·
Process transactions;
·
Communicate with you about our Services, including order confirmation,
refund and renewal processing, notifying of matches for our Singles Service,
Service announcements and administrative messages;
·
Communicate with you regarding promotions, including newsletters, new product
offerings, special discounts, event notifications, special third-party offers;
·
Conduct market and consumer research
and trend analyses;
·
Enable posting on our
blogs, forums, and other public communications;
·
Perform accounting, auditing,
billing, reconciliation, and collection activities;
·
Prevent, detect, identify,
investigate, and respond
to potential or actual claims,
liabilities, prohibited behavior, and criminal activity;
·
Comply with and enforce legal requirements, agreements, and policies;
·
Achieve purposes for which we provide specific
notice at the time of collection; and
·
For any other purpose with your consent.
One of the methods we use to
communicate with you in connection with PATHS’s Services may be by telephone or text message
(including to any wireless number
you may provide to us). For
example, you may sign up for a text messaging service (“SMS
Verification”) which enables PATHS to verify your phone number via a confirmed
text message and display such verification in your public account (as a
security measure for your matches’ benefit). If you would rather not receive
telephone calls or text messages
from us, you may change
or delete your number from your
account preferences page(s),
or ask to be removed from our contact list if you receive a call or text
message from us. If you want to opt-out
of the SMS Verification service,
please send us an e-mail at any time. Please note that we or one of our
service providers may contact you by telephone in connection with an
outstanding and past due balance on your account. Opting out of receiving
telephone calls will not opt you out of receiving calls related to an
outstanding balance.
In addition to the uses outlined
above, by accessing or using our Services, you agree to allow us to anonymously
use the information from you and your experiences to continue our research
into successful relationships. This research, conducted by psychologists and behavior research scientists, may be published in academic journals.
However, all of your
responses will be kept anonymous, and no personal information will be
published.
We will send you push notifications if you choose
to receive them for purposes
of receiving notice of matches
for our Singles Service, letting you know when someone has sent you a message,
or for other Service-related matters. If you wish to opt-out from receiving
these types of communications you may turn them off at the device level.
If you do not
provide us with the personal information we request, this may limit our ability
to fulfil the applicable purpose for collection and the Services we are able to
provide you. For example, we may not be able to consider or process your payment, match
you with other
users or provide a particular
service you have requested.
In general. We may share personal information we collect:
·
With current and future organizations that are part of our network
of organizations for the purposes described in this Privacy Policy,
including with your consent;
·
With affiliated and unaffiliated service providers who help us perform
and deliver our Services, subject to confidentiality agreements, including: customer care agents; technology assistants; service fulfillment; form processing; website
management and hosting;
information technology and security; email and newsletter delivery;
advertisement partners and corporate sponsors; auditing; collection agencies;
and credit card processing;
·
With the appropriate authorities if we believe disclosure is necessary
and appropriate to prevent physical,
financial, or other harm, injury, or loss, including to
protect against fraud or credit risk;
·
With legal, governmental, or judicial authorities as instructed or
required by those authorities and applicable laws, or in relation to a legal
activity, such as in response to a subpoena or investigation of suspected
illicit or illegal activities, or where we believe in good faith that
users may be engaged in illicit or illegal activities, or where we are bound by contract or law to enable a network
partner to comply with applicable laws;
·
With necessary third parties in connection with, or during negotiations
for, an acquisition, merger, asset sale, or
other similar business
transfer that involves all or substantially
all of our assets or functions
where personal information is transferred or shared as part of the
business assets;
·
With your consent
or at your direction, such as when you choose
to share information or publicly post content and
reviews (for example, social media posts); and
·
With persons of your choosing and at your discretion, should the Services you are
subscribed to allow that functionality.
·
To Your Matches. As an integral part of providing the PATHS Service, we will disclose
your profile information (including, but not limited to, last login date,
whether you are currently online,
your compatibility score) to your matches. Photos and other profile information posted by
you will be available to subscribers that are matched with you. We never share your
contact information with your matches.
·
To Comply with Valid Legal Requests. You acknowledge and agree that we may
disclose information you provide if required to do so by law, or if we, in our
sole discretion, believe that disclosure is reasonable to (1) comply
with the law, requests
or orders from law enforcement, or any legal process (whether or not such
disclosure is required by applicable law); (2) protect or defend PATHS’s, or a
third party’s, rights or property; or (3) protect someone’s health or safety,
such as when harm or violence against any person (including you) is threatened.
·
To Protect Abuse Victims. Notwithstanding any other provision of this Privacy
Policy or our Terms and Conditions of Service, we reserve the right, but have
no obligation, to disclose any information that you submit to the Services, if
in our sole opinion, we suspect or have reason to suspect, that the information
involves a party who may be the victim of abuse in any form. Abuse may include,
without limitation, elder abuse, child abuse, spousal abuse, neglect, or
domestic violence. Information may be disclosed to authorities that we, in our
sole discretion, deem appropriate to handle such disclosure. Appropriate authorities may include, without
limitation, law enforcement
agencies, child protection agencies, or court officials. You hereby acknowledge
and agree that we are permitted to make such disclosure.
·
To Trusted Third Parties By Us. We may share your information with third parties,
but not in a manner that would reveal your identity. We may share your personal
information, sometimes in conjunction with non-identifying information, with
service providers that may be associated with us to perform functions
on our behalf. For example, outsourced customer care agents or
technology assistants may need access to your information to perform services
for you. Your information will be treated as private and confidential by such
service providers and not used for any other purpose than we authorize.
·
To Transfer As a Result of Sale of Business. As we develop our business, we may buy or sell assets and, depending on the
transaction, your personal information may be one of the transferred assets. In the event that we are acquired by another company, your personal information may be part of the assets
transferred to the acquiring party. If this occurs, you will be notified if
there are any material changes to the
way your personal information is collected or used.
·
To other Locales. We process all information, including your personal information, via
our servers and networks located in the United States and Germany.
Additionally, some of our service
providers may be located in other jurisdictions. By using our services and expressly assenting to this privacy
policy, you have consented to the transfer of your personal information solely
for the purpose of
providing you the Services for
which you have registered or to which you have subscribed. We take all reasonable steps
to ensure that all overseas
recipients will not hold, use
or disclose your personal
information inconsistently with applicable law.
We may use third-party advertising agencies or other service
providers to serve ads on our
website on behalf of PATHS.
These companies may employ cookies or pixels to measure advertising effectiveness.
We will only share your information with third parties
in the ways defined in this
Privacy Policy.
We only accept registrations to
our Services from users who are 18 years or older (or the age of majority in applicable jurisdictions), and any information we may receive
from users we believe to be
under the age of 18 will be purged from our database. If you believe that we
may have collected any such personal information through our Services, please
notify us as specified below.
We may also use services provided
by third-party platforms
(such as social
networking and other
websites) to serve targeted advertisements on such platforms to you or others,
and we may provide a hashed version of your email
address or other
information to the platform
provider for such purposes. To opt-out of the use of your information
for such purposes, please email us at support@pathsnow.com.
We store information in a combination of electronic storage
facilities, paper-based files
and other records. While
we cannot guarantee your personal information is completely secure at all
times, we have administrative, organizational, technical, and physical security
measures in
place to help protect against the
loss, misuse and alteration of the information collected and processed. These
measures include the use of firewalls, digital certificates, Security Socket
Layer (SSL) and encryption technology during credit card transactions and
administrative access to site data, as well as other proprietary security
measures which are applied to all repositories and
transfers of user information.
We do not process or respond to
web browsers “do not track” signals or other similar transmissions that indicate a request to disable online
tracking of users who use or visit our Websites. You may, however, disable certain tracking as discussed above (e.g., by disabling cookies).
You may be able to access your
account or content of your account from third party websites, such as social
networking sites (e.g., Facebook), by way of various applications. These
services will authenticate your identity and provide you with the option to
share certain personal information with us such as your name and email address
to pre-populate our
registration form. The privacy policies and practices of such sites in
connection with information you disclose on such sites may differ from the
practices of PATHS as set forth in this Privacy Policy. We are not responsible
for the privacy policies or practices or the content of any other websites that
may provide access to, or be linked to or from, our Services, including that of
any social networking sites. Please be aware that, should you choose to use the
Facebook or Apple login feature for your PATHS account, you should not permit
other persons to use your Facebook or Apple accounts or give other persons your
login information for those websites. (See also Terms & Conditions)
PATHS provides users the following options to access, change, correct,
update or delete information previously submitted
to us.
1.
Certain information (such as match
settings, billing account/ payment
method, and email address
updates) may be updated by logging in to your account and updating
directly.
2. PATHS requires that some
personal information updates (such as date of birth changes) be processed by
our customer care group for verification purposes and to protect other members. In order to make such personal information updates, please
contact customer support at: support@pathsnow.com for
further assistance.
3. To request deletion of your personal
account information, please
access our FAQ’s and follow
the process under
the relevant account
deletion FAQ. Requests for
personal information deletion will be processed promptly.
We retain your personal
information for as long as necessary to fulfill the purpose(s) for which it was
collected and to comply with applicable laws, and your consent to such
purpose(s) remains valid after termination of your relationship with us. Except
for information required for accounting or record-keeping purposes, we will
automatically delete your personal
information after 24 months of inactivity in a Basic unless
we have a valid reason to retain such information.
Your personal information may be
processed and stored outside of the jurisdiction or country in which you reside by us, an affiliate or an unaffiliated service provider for the
purposes set out in this Privacy
Policy and, under the laws of these other jurisdictions, in certain circumstances foreign courts, law enforcement agencies
or regulatory agencies
may be entitled to access your personal information.
If you have any questions about this Privacy
Policy or our privacy practices, you can contact us by
email at: support@pathsnow.com
If you have an unresolved privacy
or data use concern that we have not addressed satisfactorily, please contact
us at email: support@pathsnow.com
To protect your privacy, we must
first verify your identity before we can respond to and process your request for access to specific data or to delete data. To do that and if you are a Basic
or Premium member, please login and send us your request through one of the
contact links above that we can easily
identify you. If you maintain your PATHS account with a unique PATHS
email/password combination (rather than Facebook or Apple login), you may be
asked to re-input your login credentials as an additional verification step. If
you maintain your PATHS account through Facebook or Apple login, then you may
be asked to verify your identity by providing certain information, including
but not necessarily limited to: your profile ID or email address associated
with your account, and your service password (that is not your personal
password), date of birth, or zip/postal code associated with your account.
If you request your data through
the customer care form,
we will request certain account information to verify your
identity that may include the following: the email address associated with your
profile, your profile ID and your service password (that is not your personal
password), your date of birth, and/or your
zip/postal code. Your profile ID and service password are assigned to you when
you register to our Service in your profile settings. If you cannot provide us
with such information, we will ask you to provide other account information to
verify your identity.
Requests to opt out of selling
of personal information, if applicable, do not need to be verified and will be honored in accordance
with applicable laws.
We will make good faith efforts to
provide you with access to your data when you request it, but there may be
circumstances in which we may not provide access or delete data as allowed by law. For example, we are not required to delete personal
information needed to provide a service you’ve asked us to
provide, to detect fraudulent or illegal activity, required for bookkeeping or
tax purposes (e.g., transaction data), or required for legal purposes. Also, we
are not required to provide access to information that contains legal
privilege, where your identity could not be verified, or where the information
would
compromise others’ privacy or
other legitimate rights, like intellectual property rights. If we determine
that your request
for access or deletion should be denied or restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any
further inquiries.
For Basic members: You can choose to remove the data in your profile at any time. You can also erase your profile
data yourself by logging in to the PATHS website
and starting the deletion process. Otherwise, PATHS
automatically erases personal profile data of Basic Members who are inactive
for 24 months.
For Premium members: Your personal
data will be stored for the duration of your Premium membership. However, we
will erase your data at your request, provided that there is no statutory
storage obligation that applies to that information. If your data is subject to a mandatory storage period, we will ensure
that this information is isolated and stored until the expiration of the
mandatory retention period. Once your Premium Membership is over, your Premium
Membership will be converted into a Basic
Membership. In this case, the description above relating to the retention
period of Basic member data will apply.
PATHS will also store any personal
data which is required to demonstrate that PATHS has lawfully complied
with valid requests
under the CCPA for the required
period.
This privacy statement was last revised
on July 26, 2024.
Copyright © 2022 PATHS,
Inc. All Rights
Reserved. PATHS, and other marks, colors, and images are registered
and common law trademarks of PATHS, Inc. Other trademarks and brands are the
property of their respective owners.
Please enter your username or email address. You will receive a link to create a new password via email.
PATHS TERMS OF USE AGREEMENT
By accessing or using PATHS’s Services, you agree to be bound by this Terms of Use Agreement (the “Terms” or “Agreement”), including our Privacy Policy, Cookie Policy, and Safety Tips, so it is important that you read this Agreement and these policies and procedures carefully before you create an account.
RIGHTS. IN ARBITRATION, THERE IS TYPICALLY LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
We may update these Terms from time to time, so check this page regularly for updates.
Welcome to PATHS, operated by Versed Technologies As used in this Agreement, the terms “PATHS,” “us,” “we,” the “Company”, and “our” shall refer to PATHs and/or Versed Technologies, as appropriate. Together you and PATHS may be referred to as the “Parties” or separately as “Party.”
By accessing or using our Services on mypathlink.com (the “Website”), the PATHS mobile application (the “App”), or any other platforms or services PATHS may offer (collectively, the “Service” or our “Services”), you agree to, and are bound by this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.
Your access and use of our Services is also subject to the Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips, and any terms disclosed and agreed to by you when you purchase additional features, products, or services from PATHS (“Additional Terms Upon Purchase”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our Services.
Subject to applicable law, we reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately. Notwithstanding the foregoing, any material changes to the Limitation of Liability in Section 14 and the Dispute Resolution provisions in Section 15 below will require your affirmative acceptance. Further, we reserve the right to change the availability of features in our subscription plans in any manner and at any time as we may determine in our sole and absolute discretion.
Before you create an account on PATHS, make sure you are eligible to use our Services. This Section also details what you can and can’t do when using the Services, as well as the rights you grant PATHS.
If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account, and we retain the right to remove your access to our Services without warning.
You agree to:
You agree that you will not:
The license granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do any of the above.
Prohibited Content – PATHS prohibits uploading or sharing content that:
Could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person;
other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from PATHS or otherwise;
15. The uploading or sharing of content that violates these Terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.
While using our Services, you will have access to: (i) content that you upload or provide while using our Services, even if suggested by our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that PATHS provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.
For additional information on how we moderate content, please see our FAQ here. For additional information on how recommended profiles are ordered, please see our FAQ here.
3a. YOUR CONTENT
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.
The content included on your individual profile should be relevant to the intended use of our Services. You may not upload any Prohibited Content, and your content must further comply with the Community Guidelines. You may not display any personal contact, banking information, or peer-to-peer payment information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card, peer-to-peer payment user name, or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We strongly encourage you to use caution in disclosing any personal information online.
Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.
We may provide tools and features to enhance individual expression through Your Content and Member Content (described in Section 3b), and we’re constantly developing new technologies to improve our Services. Certain tools or features may allow you to generate or enhance content based on Your Content. This is still Your Content, and you are responsible for it and its accuracy, as well as your use of it on our Services and any and all decisions made, actions taken, and failures to take action based on Your Content. Be careful in choosing and sharing Your Content.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time at our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review Your Content.
3b. MEMBER CONTENT
Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.
You should always carefully review and independently verify Member Content for accuracy. Other users may use tools to generate or enhance content based on the Member Content they provide. Member Content may include biased, incorrect, harmful, offensive, or misleading information. Other users are responsible for their Member Content, as well as any and all decisions made, actions taken, and failures to take action based on their use of Member Content.
You do not have any rights in relation to Member Content, and, unless expressly authorized by PATHS, you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing us to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.
3c. OUR CONTENT
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.
We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.
We are committed to maintaining a positive and respectful PATHS community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services (including, but not limited to, on services operated by our affiliates). We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly through the “Report User” link on a user’s profile or in the messaging experience. You may also email PATHS Customer Service at support@mypathlink.com.
As set forth in our Privacy Policy, we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services and/or our affiliates’ services and/or preventing you from creating new accounts. You understand and agree that we may not share information with you regarding your account if doing so would potentially impair the safety or privacy of our other users.
For information about how PATHS and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.
For as long as you comply with these Terms, PATHS grants you a personal, worldwide, royalty- free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by PATHS and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.
By creating an account, you grant to PATHS a worldwide, perpetual, transferable, sub- licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, including any information you authorize us to access from Facebook or other third- party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. PATHS’s license to Your Content shall be non-exclusive, except that PATHS’s license shall be exclusive with respect to derivative works created through use of our Services. For example, PATHS would have an exclusive license to screenshots of our Services that include Your Content.
In addition, so that PATHS can prevent the use of Your Content outside of our Services, you authorize PATHS to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. PATHS is not obligated to take any action with regard to use of Your Content by other users or third parties.
PATHS’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).
In consideration for PATHS allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to PATHS regarding our Services, you agree that PATHS may use and share such feedback for any purpose without compensating you.
You agree that PATHS may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms;
(iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; (v) protect the rights, property or personal safety of the Company or any other person, or (vi) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.
PATHS may offer products and services for purchase through iTunes, Google Play, or other external services authorized by PATHS (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). PATHS may also offer products and services for purchase via credit card or other payment processors on the Website or inside the App (“Internal Purchases”). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.
Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your membership, you must terminate your membership as set forth in Section 9.
PATHS operates a global business, and our pricing varies based on a number of factors. We frequently offer promotional rates – which can vary based on region, length of subscription, bundle size, past purchases, account activity, and more. We also regularly test new features and payment options. In the event of a price change for a renewing subscription, we will attempt to notify you in advance of the change by sending an email and/or other communication message to the contact information you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that communication and below. If you do not timely cancel your subscription, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. To the extent permissible by law, we reserve the right, including without prior notice, to limit the available quantity of or discontinue making available any product, feature, service or other offering; to impose conditions on the honoring of any coupon, discount, offer or other promotion; to bar any user from making any transaction; and to refuse to provide any user with any product, service or other offering.
8a. EXTERNAL SERVICE PURCHASES AND SUBSCRIPTIONS
When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Apple ID or Google Play account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time.
If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing. If you received a discounted promotional offer, your price may go up per the terms of that offer following the initial subscription period for any subsequent renewal period.
To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not PATHS. To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your PATHS subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com.
Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your PATHS subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, PATHS may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a PATHS subscription. In the event that your chargeback or other payment reversal is overturned, please contact Customer Care. PATHS will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account. Certain users may be entitled to request a refund. See Section 8d below for more information.
8b. INTERNAL PURCHASES AND SUBSCRIPTIONS
If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you’ve selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize PATHS to charge the payment method you provide (your “Payment Method”). PATHS may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, PATHS may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a PATHS subscription. In the event that your chargeback or other payment reversal is overturned, please contact Customer Care.
If your Internal Purchase includes an automatically renewing subscription, your Payment Method will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for the price and time period you agreed to when subscribing, until you cancel.
To cancel a subscription, log in to the Website or App and go to the Account section. If you cancel a subscription, you may continue to use the canceled service until the end of your then- current subscription term. The subscription will not be renewed when your then-current term expires.
You may edit your Payment Method information by using the Settings tool and following the link to let your upgrade expire. If a payment is not successfully processed, due to
expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree that your payment to PATHS may be through Versed Technologies, LLC, and if you reside in the United States, that your payment to PATHS may be through Versed Technologies, LLC. Certain users may be entitled to request a refund. See Section 8d below for more information.
8c. VIRTUAL ITEMS
From time to time, you may have the opportunity to purchase a limited, personal, non- transferable, non-sublicensable, revocable license to use or access special limited-use features including but not limited to credits redeemable on virtual items, such as Super Like, Boost, Live Credits, or Gifts (“Virtual Item(s)”) from PATHS. You may only purchase Virtual Items from us or our authorized partners through our Services.
Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items.
Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use; however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, on the earlier of when PATHS ceases providing our Services, or your account is otherwise closed or terminated.
PATHS, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. PATHS may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items. PATHS shall have no liability to you or any third party in the event that PATHS exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT PATHS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS
WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
8d. REFUNDS
For refunds please email support@mypathlink.com.
Your Right to Cancel – You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described below.
Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
If any of the above apply to you and you subscribed using your Apple ID, your refund requests are handled by Apple, not PATHS. To request a refund, please contact your External Service directly; for example, using your Apple device, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Purchase History. Find the transaction and select “Report a Problem.” You can also request a refund at https://getsupport.apple.com. For any other purchase, please contact PATHS Customer Service with your order number (see your confirmation email) by emailing a dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to: support@mypathlink.com.
You can delete your account at any time by logging into the Website or App, going to “Help”, clicking “Delete account”, and following the instructions to complete the deletion process. Or contacting customer at: support@mypathlink.com.
However, you will need to cancel / manage any External Service Purchases through your External Service Account (e.g., iTunes, Google Play) to avoid additional billing.
PATHS reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if PATHS believes that you have violated these Terms, misused our Services, or behaved in a way that PATHS regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.
If your account is terminated by you or by PATHS for any reason, these Terms continue and remain enforceable between you and PATHS, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.
YOU UNDERSTAND THAT PATHS DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. PATHS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. PATHS RESERVES THE RIGHT TO CONDUCT – AND YOU AUTHORIZE PATHS TO CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY PATHS, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.
Though PATHS strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.
PATHS PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PATHS DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, OR APPROPRIATE FOR YOUR PURPOSES. FURTHERMORE, PATHS MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.
PATHS ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, RECEIVES, AND/OR ACTS ON THROUGH OUR SERVICES, NOR DOES PATHS ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH PATHS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. PATHS IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.
PATHS has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:
Any DMCA Takedown Notices should be sent to: support@mypathlink.com.
PATHS will terminate the accounts of repeat infringers.
Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. In addition, our Services may allow you to watch an advertisement in exchange for Virtual Items; PATHS does not guarantee that you will always be eligible to watch such advertisements, or that any such advertisements will be available. PATHS may also provide non-commercial links or references to third parties within its content. PATHS is not responsible for the availability (or lack of availability) of any external websites or resources or their content.
Furthermore, PATHS is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third
parties made available through our Services; such party’s terms will govern their relationship with you. PATHS is not responsible or liable for such third parties’ terms or actions.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PATHS, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF ANY USERS (INCLUDING BUT NOT LIMITED TO CONTENT DEFINED ABOVE AS ‘MEMBER CONTENT’ OR ‘YOUR CONTENT’) OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THE SERVICES; OR (III) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF PATHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PATHS’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO PATHS FOR THE SERVICES DURING THE
TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST PATHS, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
If you are dissatisfied with our Services for any reason, please contact PATHS Customer Service first so we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a dispute, claim or controversy against PATHS, these terms will apply. For purposes of this Dispute Resolution Process and Arbitration Procedures set forth in Section 15, “PATHS” shall include our affiliates, employees, licensors, and service providers.
15b. INDIVIDUAL RELIEF: CLASS ACTION AND JURY TRIAL WAIVER
NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE AFFIRMED AND SUCH DECISION BECOMES FINAL, THEN YOU AND PATHS AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.
Any Dispute (that is not resolved informally by PATHS Customer Service or as provided under subsection 15a above) shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except as specifically provided otherwise in this Dispute Resolution Section. Notwithstanding the foregoing, either you or PATHS may elect to have an individual claim heard in small claims court, and individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services may be brought in accordance with Section 17. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed by the arbitration provider. Any controversy over the small claims court’s jurisdiction shall be exclusively determined by such small claims court. No determinations made by a small claims court shall have preclusive effect in any proceeding involving PATHS and anyone other than you. In the event such small claims court specifically determines that it is without jurisdiction to hear the Dispute, you and PATHS shall arbitrate the Dispute under the terms of this Agreement. All other issues (except as otherwise provided herein) are exclusively for the Arbitrator to decide, including but not limited to scope and enforceability of this Dispute Resolution Section and including questions of arbitrability, any request to proceed in small claims court that is made after an arbitrator has been appointed, and any dispute as to whether either Party is in breach or default of the Dispute Resolution Section or has explicitly or implicitly waived the right to arbitrate. If you or PATHS challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from this Agreement as to your Dispute. However, such court determination shall not be considered or deemed binding or have preclusive effect with respect to any proceeding involving PATHS and anyone other than you.
Any court proceeding to enforce this Dispute Resolution Section 15, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced in accordance with Section
shall be submitted promptly to the Claim Arbitrator for resolution. In ruling on any discovery matter, the Claim Arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and the extent to which the requested discovery is truly necessary for the adequate preparation of a claim or defense, and Path’s goal of efficient and economical resolutions. The burden of establishing good cause for any additional discovery is on the moving Party.
This Dispute Resolution Section 15 applies to all Disputes between the Parties, including for any claims that accrued against you or PATHS prior to the time of your consent to this Agreement and to any claims that accrue against you or PATHS after your consent to this Agreement. Notwithstanding any provision in this Agreement to the contrary, you may elect to opt out of the retroactive application of this Dispute Resolution Section 15 as to claims that have accrued against you or against PATHS prior to the time of your consent to this Agreement. You may opt out by sending us written notice, within 30 days of the time you consent to this Agreement, to the following email address: support@mypathlink.com.
You must include information sufficient to identify your account(s), such as the email address or phone number associated with your account(s), and should include a statement that you are opting out of the retroactive application of this Dispute Resolution Section
Where permitted by law, you agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless PATHS, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, your conduct toward other users, or your breach of this Agreement. SOME JURISDICTIONS DO NOT ALLOW INDEMNIFICATION, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy, Cookie Policy, and Safety Tips (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services.
All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require.
These Terms, with the Privacy Policy, Cookie Policy, and Safety Tips, and any Additional Terms Upon Purchase, contain the entire agreement between you and PATHS regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your PATHS account is non- transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind PATHS in any manner.
Your Right to Cancel – You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described above in Section 8.
In order to receive any payment under the Rewards Program, you must provide all information and documentation we or our vendors request to process payment. If you do not provide the information requested, you will not receive payment until such information and documentation is provided. Throughout your participation in the Rewards Program, you will also provide us with any information, forms, documents, or certifications that may be required for us to satisfy any information reporting or withholding tax obligations with respect to such payments.
For U.S. federal income tax purposes, PATHS intends to treat any consideration paid to you as consideration paid for services. You may receive a 1099-MISC or other tax reporting form. We also may deduct or withhold from the payment any Taxes that we may be legally obligated to deduct or withhold. You are responsible for compliance with tax laws and regulations that apply to your receipt of such payments. We are not responsible for your individual income tax reporting obligations.