Terms of use.

 

1. DEFINITIONS

  • “Company” refers to Educated Pathways

  • “Agreement” refers to these Terms of Use

  • “You” shall refer to you, the individual entering into this Agreement with Educated Pathways

  • “Website” refers to a web interface you access and is owned by Educated Pathways

  • “Service” refers to any service provided by Educated Pathways through one of its Websites

  • “Proprietary Marks” refers to Educated Pathways names, graphics, logos, page headers, button icons, scripts, and service names that are the Company trademarks or trade dress in the United States and/or other countries

2. TERMS

By accessing Educated Pathways Websites, you are agreeing to be bound by these Terms of Use, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing any Websites or Services provided by Educated Pathways. The materials contained in Educated Pathways Websites are protected by applicable copyright and trademark law.

3. USE LICENSE

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Educated Pathways’ Websites for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

    1. modify or copy the materials;

    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

    3. attempt to decompile or reverse engineer any software contained on Educated Pathway's Websites;

    4. remove any copyright or other proprietary notations from the materials; or

    5. transfer the materials to another person or "mirror" the materials on any other server.

  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Educated Pathways at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

4. DISCLAIMER

The materials on Educated Pathways website are provided on an 'as is' basis. Educated Pathways makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Educated Pathways does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

5. LIMITATIONS OF LIABILITY

In no event shall Educated Pathways or its suppliers be liable for any damages (including, without limitation, damages for loss of data or college admission eligibility,) arising out of the use or inability to use the materials on the Educated Pathways Websites, even if Educated Pathways or an Educated Pathways authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. ACCURACY OF MATERIALS

The materials appearing on the Educated Pathways Website could include technical, typographical, or photographic errors. Educated Pathways does not warrant that any of the materials on its website are accurate, complete, or current. Educated Pathways may make changes to the materials contained on its website at any time without notice. However, Educated Pathways does not make any commitment to update the materials.

7. LINKS

Educated Pathways has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Educated Pathways of the external site. Use of any such linked website is at the user's own risk.

8. MODIFICATIONS

Educated Pathways may revise these terms of use for its Website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

9. PROHIBITIVE USE

You agree that you will not:

  • Use the Website for any purpose that is unlawful or contrary to these Terms of Use;

  • Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of them;

  • Attempt to gain unauthorized access to any Website account, computer systems, or networks associated with Educated Pathways or the Website;

  • Obtain or attempt to obtain any materials or information through the Website by any means not intentionally made available or provided for by Educated Pathways;

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

  • Use any meta tags or any other “hidden text” utilizing the Company name or trademarks without prior written permission;

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or

  • Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Educated Pathways, its officers, licensors, licensees, distributors, agents, representatives, employees, independent contractors, and other authorized users from and against any and all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to:

  • Your use of the Website or Services;

  • Your violation of these Terms of Service;

  • Your violation of any third party right, including, but not limited to, copyright, trademark, or privacy right;

  • Any submission by You that causes damage to a third party;

  • To the extent you upload any information relating to an individual under the age of 13, you agree to defend, indemnify, and hold harmless Educated Pathways, its licensors, licensees, distributors, agents, representatives, and other authorized users, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, attorneys’ fees, and expenses arising out of or in connection with any claim asserted by, or on behalf of, such individuals against Educated Pathways.

You will cooperate as fully as reasonably required in the defense of any claim. Educated Pathways reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects the rights of Educated Pathways without Educated Pathways’ prior written approval.

11. INTELLECTUAL PROPERTY

You may not use the Proprietary Marks without prior written permission. Educated Pathways makes no proprietary claim to any third-party names, trademarks, or service marks appearing on the Website. Any third-party names, trademarks, and service marks are the property of their respective owners.

The information, advice, data, software, and content viewable on, contained in, or downloadable on the Website, including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, line art, icons, and renditions, are copyrighted by, or otherwise licensed to, us or our Content suppliers. Viewing, reading, printing, downloading, or otherwise using the Content does not entitle you to any ownership or intellectual property rights to the Content.

You are solely responsible for any damages resulting from your infringement of the Company or any third-party’s intellectual property rights regarding the Trademarks, the Content, and/or any other harm incurred by the Company or our affiliates as a direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.

12. ASSIGNMENT

These Terms of Use may not be assigned by you without the prior written approval of Educated Pathways. Educated Pathways may assign these Terms of Use without your consent.

13. SEVERABILITY

If any provision of these Terms of Use is deemed invalid or unenforceable under any statute, regulation, ordinance, or by an arbitrator or court of competent jurisdiction, then such provision shall be deemed reformed or deleted but only to the extent necessary to comply with such statute, regulation, ordinance, arbitrator, or court, and the remaining provisions shall remain in full force and effect.

14. LEGAL DISPUTES

You and the Company agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising from these Terms of Use, including previous versions, or your use of or access to the Website will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and the Company have against each other are resolved.

  • You and the Company agree to resolve any and all disputes or claims that have arisen or may arise exclusively through final and binding arbitration;

  • You and the Company agree to bring a dispute against the other only on our own behalf, and not on behalf of a government official or other person or entity, or a class of persons or entities;

  • This Agreement to Arbitrate will survive the termination of your relationship with the Company;

  • Notwithstanding any provision in the Agreement to the contrary, you and the Company agree that if this Agreement to Arbitrate changes (other than a change to the notice address or the site link provided herein) in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and the Company prior to the effective date of the change.

15. GOVERNING LAW

Any claim relating to Educated Pathway's Website shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions.