PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING AND/OR USING ANY PART OF THE WEBSITE
By using any part of the Site (defined below), you expressly acknowledge and agree that you are entering into a legal agreement with MyPathFinance (“MyPathFinance”, “we”, “us” or “our”) and have understood and agree to comply with, and be legally bound by, the following terms and conditions (the “Terms”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms, please do not use any part of the Site. The term “Site” means the MyPathFinance website available at www.MyPathFinance.com, as well as any services, features and content made available to you thereon.
1. Ability to Accept. By using the Site you affirm that you are over thirteen (13) years of age. If you are between the ages of thirteen (13) and eighteen (18) years, then, prior to using the Site, you must first review these Terms with your parent or guardian to make sure that you and your parent or guardian understand them.
2. License. Subject to your full compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-assignable, and non-transferable license to access, use and display locally the Site and the Content (as defined below), and solely for purpose of using the Site for your own personal use.
3. License Restrictions. Except to the extent expressly permitted under Section 2 (License) above, you shall not: (a) copy, reproduce, distribute, transfer (by sale, resale, renting, lending, license, sublicense, download or otherwise), modify, create derivative works of, publicly perform, or publicly display any part of the Site or any Content; (b) disrupt servers or networks connected to the Site; (c) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (d) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site. Compliance with the foregoing restrictions is a condition to the license granted to you under Section 2 (License).
4. Intellectual Property Rights.
4.1. Ownership. Your use of the Site is licensed and not sold to you under these Terms and you acknowledge that MyPathFinance and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the Site (and its related software). We reserve all rights not expressly granted herein to the Site. As used herein, the term “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
4.2. Content. The content, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided or otherwise made available on or through the Site (collectively, the “Material(s)”), as well as the User Submissions (defined below) and the trademarks, service marks and logos contained therein (collectively, “Marks”, and together with the Materials and User Submissions, the “Content”), is the property of MyPathFinance and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “MyPathFinance” and the MyPathFinance logo are Marks of MyPathFinance and/or its affiliates. All other Marks used on the Site are the trademarks, service marks, or logos, as applicable, of their respective owners.
4.3. Use of Content. All Content is provided to you “AS IS” for your personal use only, and you acknowledge that all Content accessed, used, or relief upon by you is at your own risk and that you will be solely responsible and liable for any damage or loss to you or any other party resulting from such access, use, or reliance. If you download or print a copy of the Content, you must retain any copyright and other proprietary notices contained therein. We do not guarantee that any Content you access on or through the Site is or will continue to be accurate.
4.4. Third Party Open Source Software. Portions of the Site may include third party (including open source) software that are subject to third party terms and conditions (“Third Party Terms”). MyPathFinance will comply with any rightful request you submit to us for exercising your rights under such Third Party Terms. To the extent of any conflict between any Third Party Terms and these Terms, the Third Party Terms shall prevail in connection with the corresponding third party software.
5. User Submissions.
5.1. The Site may permit the sharing of content by you and other users, including but not limited to information, opinions, recommendations, and/or feedback that you may provide MyPathFinance in connection with the Site and/or your experience while using the Site (collectively, “User Submissions”). Your User Submissions may be made publicly available through the Site. You understand and agree that, whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of sharing them. We have complete discretion whether to publish your User Submissions and we reserve the right, without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions at any time and for any reason. Each User Submission, whether publicly posted or privately transmitted, is the sole responsibility of the user who originated such User Submission. You warrant that all User Submissions originated by you will be accurate, complete, up-to-date, in compliance with all applicable laws and regulations, and will not infringe the Intellectual Property Rights of any third party.
5.2. License to User Submissions. Subject to these Terms, by submitting User Submissions you hereby grant MyPathFinance a worldwide, irrevocable, non-exclusive, royalty-free, fully-paid, perpetual, sub-licensable, assignable and transferable license to use, reproduce, distribute, create derivative works of, publicly display, publicly perform, and otherwise commercially exploit the User Submissions in connection with the Site, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each of our users and Third Party Sources (defined below) a non-exclusive right to use, reproduce, distribute, prepare derivative works of, publicly display and publicly perform such User Submissions in accordance with these Terms. You represent and warrant that you have all rights, permissions and authorizations needed to grant the license rights set forth in this Section 5.2 (License to User Submissions).
6. Third Party Sources and Content.
6.1. The Site enables you to view, access, link to, and use third party Material, which are not owned or controlled by us (“Third Party Content”), and such Third Party Content is provided without MyPathFinance or any other professional person monitoring, examining, validating or altering in any way such information, and without any verification as to whether such Material is true, complete or accurate. “Third Party Source(s)” means: (i) third party websites and services; and (ii) our third party business partners and customers. For the avoidance of doubt, all such Third Party Sources are and shall continue to be the owners of all such Third Party Content.
6.2. We are not affiliated with and have no control over any Third Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any such activity.
6.3. We do not endorse any advertising, promotions, campaigns, products, services or other materials that are included in any Third Party Content or communicated to you from a Third Party Source.
6.4. By accessing or using the Site, you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
6.5. You are solely responsible and liable for your interaction with Third Party Sources. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against MyPathFinance, and release MyPathFinance from any and all liability, arising from your use of and interaction with any Third Party Content and/or Third Party Source. If you have any query or complaint regarding a Third Party Source or Third Party Content, you agree to contact the Third Party Source directly.
7. Privacy. We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy, which is available at http://www.MyPathFinance.com/privacy-policy (“Privacy Policy”), and you agree that we may do so. Please also be aware that certain personal information and other information provided by you in connection with your use of the Site may be stored on your computer or other device (even if we do not collect that information). You are solely responsible and liable for maintaining the security of your computer or other device from unauthorized access.
8. WARRANTIES DISCLAIMER.
8.1. THE SITE AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER (WHETHER EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUALITY OF SERVICE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY MyPathFinance. IN ADDITION, MyPathFinance MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION (i) REGARDING THE CONTENT, EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, ACCURACY OR COMPLETENESS OF THE SITE OR ANY CONTENT; OR (ii) THAT YOUR USE OF THE SITE OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR WILL BE INTERRUPTED, SECURE OR ERROR-FREE.
8.2. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
9. LIMITATION OF LIABILITY.IN NO EVENT WILL MyPathFinance OR ITS AFFILIATES BE LIABLE FOR:
i. ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES;
ii. ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS
iii. ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR
iv. THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
THE AGGREGATE COMBINED LIABILITY OF MyPathFinance AND ITS AFFILIATES UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO MyPathFinance (IF ANY) DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU BRING YOUR CLAIM. ACCORDINGLY, IF YOU HAVE NOT PAID MyPathFinance ANY AMOUNTS IN SUCH THREE-MONTH PERIOD, MyPathFinance SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (a) EVEN IF MyPathFinance OR ITS AFFILIATES HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (b) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; and (c) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT).
10. Indemnity. If any third party (including, without limitation, a governmental entity) brings any kind of demand, claim, suit, action or proceeding against MyPathFinance, our affiliates, and/or any of our respective directors, officers, employees, agents, representatives, customers, suppliers, or licensors (each, an “Indemnitee”), which is based upon or arises from:IN NO EVENT WILL MyPathFinance OR ITS AFFILIATES BE LIABLE FOR:
(iv.A.a) your use of the Site;
(iv.A.b) any breach by you under these Terms; and/or
(iv.A.c) any of your User Submissions
(each of the foregoing, a “Claim”) then, upon request by MyPathFinance (to be decided at our sole and absolute option), you agree to assume full control of the defense and settlement of the Claim; provided, however, that (a) MyPathFinance reserves the right, at any time thereafter, to take over full or partial control of the defense and/or settlement of the Claim; and (b) you shall not settle any Claim, or admit to any liability thereunder, without the express prior written consent of MyPathFinance.
In addition, and regardless of whether (or the extent to which) you participated in the defense and/or settlement of a Claim, you agree to indemnify and hold harmless the indemnitee against (x) any costs and expenses (including reasonable attorneys’ fees) incurred by the indemnitee in the defense of such Claim; and (y) any amounts to be paid in settlement of the Claim, or awarded against the indemnitee under such Claim (such as, but not limited to, damages, liabilities, and fines).
11. Term and Termination. MyPathFinance reserves the right to immediately terminate these Terms, or otherwise modify, suspend or discontinue your access to and use of the Site (or any part thereof), for any reason whatsoever, at any time, and without notice to you, and you agree that MyPathFinance will have no liability or obligation to you for any such termination, modification, suspension, or discontinuance. If you object to any term or condition in these Terms or any subsequent changes thereto, or become dissatisfied with the Site in any way, your only recourse is to cease accessing and using the Site. Upon termination of these Terms, your license right under Section 2 (License) will automatically terminate and you must immediately cease all access to and use of the Site.
Sections 4 (Intellectual Property Rights) through 15 (General), inclusive, , as well as any provision of these Terms which by nature ought to survive, shall survive termination of these Terms and your use of or access to the Site.
12. Assignment. MyPathFinance may assign these Terms (or any of its rights and obligations hereunder) without your consent and without notice to you. You may not assign these Terms (or any of your obligations or rights hereunder) without MyPathFinance’s express prior written consent. Any prohibited assignment shall be null and void.
13. Modification. MyPathFinance reserves the right to make changes to these Terms at any time by posting changes on the Site. Such changes will be effective ten (10) days thereafter, and your continued use of the Site thereafter means that you agree to be bound by the changes. Please check the Site regularly for any changes.
14. General. These Terms constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and supersedes any and all prior or contemporaneous oral or written statements, agreements and understandings regarding such subject matter. If any part of these Terms is found invalid or unenforceable by a court of competent jurisdiction, such provision shall be interpreted as necessary to give maximum effect to its legal intent, and the remainder of these Terms shall remain in full force and effect. No right or remedy conferred upon or reserved by any party under these Terms is intended to be, or shall be deemed, exclusive of any other right or remedy under these Terms, at law or in equity, but shall be cumulative of such other rights and remedies. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing, signed by the waiving party, and shall be valid only in the specific instance in which given. The relationship of the parties is solely that of independent contractors. Nothing in these Terms shall be deemed to create any employment, fiduciary, joint venture, agency or other relationship between the parties. Any section or sub-section headings used in these Terms are for convenience only, and shall not be used or relied upon in interpreting any provision herein.
