Our business name is Pathway, a subsidiary of Iterro, Inc. (hereafter, "Pathway" or "Company"). We are the owner of our website, www.Pathwayport.com (hereafter, "website").
If you do not agree to be bound by these Terms, you may not use the web site or the
Services provided by Pathway.
The following words used in these Terms shall have the following meanings:
1. "Personal Information" shall mean all data and/or information provided by and about User, including e-mail address, name, mailing address or payment information.
2. "Website" shall mean the website on which Pathway provides its Services.
3. "User" shall mean all Users of the Pathway website and its Services.
A. Pathway and our website, www.Pathwayport.com, have published these Terms as part of our overall effort to provide high quality, reliable services and products to our Users. We strive to protect your privacy and security of our systems and networks. We also encourage responsible use of our, and other ISPs′, resources, and to make sure that we are both in compliance with applicable laws.
B. These Terms describe the uses of the Pathway website. They also describe prohibited activities, which are contrary to our objectives and which are, therefore, not allowed. To achieve our objectives, Pathway may, in its sole discretion, determine whether a particular use of the Pathway website is a violation of these Terms. When we become aware of a violation of these Terms, we may take any action we deem appropriate to address the violation, as referenced below.
C. These Terms are being implemented for all Users of the Pathway website and Services. These Terms supplement, but do not supersede, any other contracts Users may have with Pathway; if such a contract restricts a use of the Pathway website that is not addressed in these Terms, the contract will govern with respect to such use.
D. OUR MISSION AND DESCRIPTION – Through our website, we plan on providing Users with access to a variety of resources, including download areas, communication services and related information. The Services, including any updates, enhancements, new features, and/or the addition of any new website properties, are subject to these Terms, as may be amended from time to time.
E. Pathway offers an Email Contact service available through the website. It allows you to create, send and manage Email campaigns ("Email") to a list of Email addresses. Pathway is a commercial Email division, owned and operated by Iterro Inc. ("Iterro").
F. USER ACCOUNT, PASSWORD AND SECURITY – If any of the Services on our website requires User to register, User must complete the registration process by providing Pathway with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and User name. After registering, you will receive an Activation Email that will contain a link to go to, in order to activate your Account. User is entirely responsible for maintaining the confidentiality of any password and account information.
G. User is entirely responsible for any and all activities that occur under the registered account. User agrees to notify Pathway immediately of any unauthorized use of their account or any other breach of security. Pathway will not be liable for any loss that may incur as a result of someone else utilizing User′s password or account, either with or without his or her knowledge. However, User could be held liable for losses incurred by Pathway or another party due to someone else using their account or password. User may not use anyone else's account at any time, without the written permission of the account holder.
H. User Benefits – User benefits are explained in more detail on our
I. Pathway administers this website from our offices in Canada. We make no representation that our content or services are appropriate for everyone. If you choose to access our website, you do so on your own initiative and are responsible for compliance with applicable local laws.
II. Revisions to These Terms
From time to time, we will make changes to these Terms and we reserve the right to modify these Terms at any time. If we make any changes, we will provide a notice on our "Home Page", although such notice is not required. Regardless of whether we notify you, we urge you to check this page frequently for updates or changes, since your continuing use of the Pathway website and our Services is your explicit continuing acceptance of our Terms and any modifications thereto.
III. Obligations of User
A. Use of the Pathway website as described below, is prohibited. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive.
1. Illegal/Criminal Activity – The Pathway website may not be used in connection with criminal or civil violations of state, provincial, federal, or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds or personal information, such as Social Security/Social Insurance numbers, passwords, security credentials or other sensitive information; and threats of physical harm or harassment.
2. Security Violations – The Pathway website may not be used in connection with attempts–whether successful or not-to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.
Users are responsible for maintaining the basic security of their computer systems and to prevent their use by others in a manner that violates these Terms. Examples include: improperly securing a mail server so others can use it to distribute spam; improperly securing an FTP server so that it may be used by others to illegally distribute licensed software or media content. User is responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.
3. Threats – The Pathway website may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel or defamation.
4. Offensive Materials – The Pathway website may not be used for the distribution of offensive materials, including obscene, pornographic, indecent and hateful materials. Further, Users agree to adhere to the following requirements:
a. Comply with all laws, ordinances, statutes and applicable legislation and to respect all 3rd-party rights. In particular, User shall not:
i. Use or post any insulting or defamatory words, music, symbols, photographs or other similar content, regardless of whether said contents are directed at another User or Pathway personnel or other companies or individuals;
ii. Use or post any pornographic materials or any content that violates any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors;
iii. Unreasonably annoy (particularly with SPAM) any other User;
iv. Use or post, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law;
v. Use, post or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, Ponzi schemes, illegal multi-level selling or pyramid sales).
vi. Engage in any of the following annoying actions, even if they do not constitute a breach of any applicable laws or ordinances:
1. Sending chain letters;
2. Sending identical messages to more than one (1) User at the same time;
3. Performing, posting, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi- level network marketing);
4. Communicating in any insinuating, discriminatory or sexually abusive way (suggestive, implicit or explicit). b. You may not provide, post or otherwise distribute, User content that:
i. Contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs, videos or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
ii. Is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any 3rd-party, is unreasonably harmful or offensive to any individual or community;
iii. Violates any right of Pathway or any 3rd-party;
iv. Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law or moral standards;
v. Violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;
vi. Interferes with any User′s uninterrupted use of the Pathway website;
vii. Advertises, promotes or offers to trade any goods or services;
viii. Uploads or transmits viruses or other harmful, disruptive or destructive files, material or code;
ix. Disrupts, interferes with, or otherwise harms or violates the security of the Pathway website or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Pathway website;
x. "Flames" any individual or entity (e.g. sends repeated messages related to another User and/or makes derogatory or offensive comments about another User or individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY Pathway. c. User is further prohibited from the following activities: i. Employing any mechanisms, software or scripts when using the Pathway website. However, the User may use the interfaces or software provided by Pathway within the scope of the Services available on our website and in accordance with these Terms;
ii. Blocking, overwriting, modifying and copying of any content of the Pathway website. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of our website or Services, and is therefore prohibited;
iii. Distributing or publicly disclosing the contents of our website or any of their terms, without written permission from Pathway;
iv. Performing any actions that may impair the operability of the Pathway website infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software 5. SPAM – SPAM is an unacceptable use of the Pathway website. SPAM includes any of the following activities:
a. Posting a single message or messages similar in content, to more than five (5) online forums or newsgroups and posting messages to online forums or newsgroups that violate their rules.
b. Collecting responses from unsolicited email.
c. Sending any unsolicited email that could be expected, in Pathway′s opinion, to provoke complaints.
d. Sending email with charity requests, petitions for signatures, or any chainmail-related materials.
e. Sending bulk email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email.
NOTE: The inclusion of an opt-out clause does not necessarily legitimize sending unsolicited email.
f. Sending email that does not accurately identify the sender, the sender′s return address, and the email address of origin.
7. In addition, these Terms apply to any email or content transmitted by User, or on your behalf, that uses a Pathway account as a mailbox for responses (either now or in the future) or promotes content, hosted or transmitted, using Pathway facilities or that indicates, in any way, that Pathway was involved in the transmission of such email or content. B. The resale of Pathway Services is not permitted, unless expressly permitted by these Terms or in a separate written agreement.
C. Violations of these Terms may result in immediate suspension or termination of your account and our Services to you, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by Pathway, in its sole discretion.
D. When feasible, it is Pathway′s preference to give notice so that violations may be addressed voluntarily, however, we reserve the right to act without notice, when necessary, as determined by Pathway, in its sole discretion. Pathway may involve, and will cooperate with, law enforcement, if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of these Terms.
IV. Uses and Other Policies
A. When using our Services, Users warrant and represent that all of the data provided by them is accurate and complete. User shall report any modifications in the data to the Pathway website, immediately, upon any changes.
B. User may download or print a single copy of any portion of the content solely for personal, non-commercial use, provided they do not remove any trademark, copyright or other notice from such content.
C. User may not post, distribute or republish in any way, any portion of the Pathway website content to any Internet, Intranet or Extranet websites or incorporate the content in any database, compilation, archive or cache, except as expressly allowed in these Terms.
D. User may not distribute any of the Pathway website content to others, whether or not for payment or other consideration and may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the content except as expressly allowed in these Terms.
E. User may not copy any of the Pathway website content without written permission from us or as permitted by these Terms. User agrees not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Pathway website. User may not insert any code or product or manipulate the content of the Pathway website, in any way that affects the User experience, and further, may not use any data mining, data gathering or extraction method on the Pathway website.
F. Requests to use Pathway content for any purpose other than as permitted in these Terms shall be directed to Pathway at: Support@pathwayport.com.
G. Pathway shall not be liable for User interactions with any other Users, 3rd-parties, businesses and/or individuals found on the Pathway website or through the Services provided. This includes, but is not limited to, payment and delivery of Products, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between User and such 3rd-parties, businesses and/or individuals. User understands and agrees that Pathway is not responsible for any damage or loss incurred as a result of any such dealings. Pathway is under no obligation to become involved in disputes between Users of our website, or between Users on our website and any 3rd-party. In the event of a dispute, User agrees to release Pathway, its officers, employees, agents and successors in rights, from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our services. See additional General Disclaimers and Limitations of Liability located in paragraph V of these Terms.
H. You may use Pathway only to send Emails to individuals and entities that:
1. gave you written or electronic permission to send Emails to them, without subsequently withdrawing such permission and they either: a. gave you the permission within the prior 12 months; or
b. received a promotional Email from you, which was not objected to, within the prior 12 months; or
c. gave you their name and Email address in connection with their purchase, or negotiations to purchase, a product or service from you, have not opted out from receiving your Emails, and either: i. such sale or negotiations occurred within the previous 12 months; or
ii. you sent them a promotional Email, which was not objected to, within the prior 12 months. I. You agree that you will not use any:
a. purchased lists from any third party; or
b. lists obtained from a Chamber of Commerce, association or other organization; or
c. lists scraped together from Internet websites. J. You should only use Pathway to send Emails to people who specifically request Email from you, or otherwise meet the requirements above.
K. Pathway does what we can to keep our mail and address system clean and up-to-date, however, User agrees to pitch in, too. Pathway posts helpful information to the website as it becomes available, so please check back regularly.
L. According to research, there are some industries that generate higher than normal Email ′bounce′ rates and abuse complaints, which, in turn, jeopardize the deliverability of our entire system. Since we must ensure the highest delivery rates possible for all our Users, Pathway does not allow Users who offer these types of services, products, or content:
1. Illegal goods or services;
2. Escort and dating services;
3. Pharmaceutical products;
4. "Work-from-home", Internet Lead-generation, "Make-Money-Online" opportunities, etc.;
5. Online stock or investment trading, "day-trading" tips, or stock market related content;
6. Gambling services, products or gambling education;
7. Multi-level marketing (MLM);
8. Affiliate marketers;
9. Credit repair, credit counseling, "get-out-of-debt" content;
10. Mortgages and/or Loans;
11. Nutritional Supplements, Herbal Supplements or Vitamin Supplements;
12. Pornography or nudity in content;
13. Adult novelty items or references in content;
14. List brokers or List rental services; or
15. Marketing, or sending commercial Email, without proper permission.
M. Bandwidth Abuse. User may not use Pathway bandwidth for anything other than Pathway Emails. User agrees to the following: 1. User will only use Pathway hosting services for User Emails. If Pathway detects that User is using hosting services for anything other than Emails, Pathway has the right to delete or replace that content or suspend or terminate User′s account;
2. User shall not design an Email with Pathway services and then send it using some other delivery service or tool. Pathway can see when that happens. If User does that, Pathway may, and we reserve the right to, suspend or terminate User′s account, replace images in Emails, and/or redirect all hyperlinks to point to another location. If any of these prohibitions occur and Pathway replaces Email images, User agrees to any replacement images chosen by Pathway, even if User does not approve of such images;
3. Pathway reserves the right to review Emails. We, including our employees and independent contractors, are permitted to copy and transmit copies of the content from your Emails and account to develop algorithms, heuristics and computer programs ("Tools") to help us more efficiently spot problem accounts and to use such Tools, together with personal viewing by employees and or independent contractors, to uncover Users who violate either these Terms or applicable law.
V. General Disclaimers and Limitations of Liability
A. While Pathway uses reasonable efforts to include accurate and up-to-date information, Pathway specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the Pathway website, either now operating or created in the future. Pathway disclaims any responsibility or liability for the deletion, failure to store, miss-delivery, or untimely delivery of any information or material. Pathway disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Pathway website.
B. THE Pathway WEBSITE, AND ALL MATERIALS, INFORMATION, SERVICES AND PRODUCTS INCLUDED IN THE Pathway WEBSITE, ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. Pathway EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Pathway DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE Pathway WEBSITE. Pathway DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE Pathway WEBSITE. Pathway DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE Pathway WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE Pathway WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED TO THE Pathway WEBSITE.
C. USERS UNDERSTAND AND AGREE THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE Pathway WEBSITE AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
E. Pathway AND ITS WEBSITE ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, 3rd-PARTIES, ACTIONS OF ANY 3rd-PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, A USER COMPUTER EQUIPMENT OR OTHER PROPERTY.
F. UNDER NO CIRCUMSTANCES SHALL Pathway BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF, OR RELIANCE ON, THE Pathway WEBSITE, ARISING FROM ANY CLAIM RELATING TO THESE TERMS OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND/OR PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Pathway HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE Pathway WEBSITE, FROM INABILITY TO USE THE Pathway WEBSITE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Pathway WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY 3RD-PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH THE Pathway WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE Pathway WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH THE Pathway WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE Pathway WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE Pathway WEBSITE OR ANY INFORMATION, SERVICE OR CONTENT THAT APPEARS ON OR IS LINKED OR RELATED IN ANY WAY TO THE Pathway WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
G. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY. PLEASE CHECK WITH YOUR JURISDICTION.
H. User may report the activities of any other User that violates applicable laws and/or any of the Terms stated herein (including the use of pseudonyms or fictitious names) by sending an email to Customer Service at Support@pathwayport.com.
I. Without limiting the foregoing, under no circumstances shall Pathway be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.
J. User represents and warrants that use of the Pathway website, and its Services and Products, will comply with ALL applicable laws and regulations. In addition if User is located in the European Economic Area (EEA) or sends Emails to a location in the EEA, User further represents and warrants that, in compiling an Email distribution list, or sending Emails via Pathway, and collecting information as a result of sending Emails:
2. User represents and warrants that you have complied, and will comply, with all regulations, as well as all data protection, electronic communication, and privacy laws applicable to the countries in which User is sending any form of Email, via Pathway.
3. User represents and warrants that User has collected, stored, used and transferred all data relating to any individual, in accordance with all data protection laws and regulations of the country in which such individual resides, and further, that User has obtained all necessary consent to enable Pathway to receive and process that data and forward communications to that individual, on your behalf.
User agrees to indemnify, defend and hold harmless Pathway, its website and each of its respective partners, vendors, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys′ fees and court costs) arising from or relating to any allegation regarding:
1. User′s use of the Pathway website;
2. Pathway′s use of any User content or information, as long as such use is not inconsistent with these Terms;
3. Information or material provided through User′s IP address, even if not posted by User; or
4. Any violation of these Terms by User.
On occasion, a Service or Product offered by the Pathway website may not be available at the time or at the price listed. In such event, or in the event a Service or Product is listed at an incorrect price or with incorrect information, due to typographical error, technology error, error in the date or length of availability, or error in pricing, User agrees that Pathway is not responsible for such errors or discrepancies and that User′s only course of action is to contact Pathway for a refund or alternate Service.
A. Pathway respects the intellectual property of others and requires that our Users do the same. We expect that no User will infringe on our trademark, as well as any of our copyrighted material and we will do whatever is necessary to protect all trademarks and copyrights.
B. The Pathway website contains copyrighted material, trademarks and other proprietary information, including, but not limited to text, software, photos, video, graphics, music and sound and the entire content of the website is copyrighted as a collective work under Canadian and International copyright laws. Pathway owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Pathway. Elements of the website are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
C. You represent and warrant to us that you will not add or upload any content to the Website (www.Pathwayport.com) to create an Email, or for any other purpose unless you are the owner of all proprietary rights in that content (or have been given a valid license from the owner of the proprietary rights in such content) and have obtained releases for all related privacy and publicity rights.
D. In accordance with Canadian and International law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email, to Support@pathwayport.com.
IX. Additional Terms
A. If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. User agrees to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favorably, when possible, to the benefit of Pathway.
B. These Terms and the contractual relationship it creates, shall be governed by the laws of the Province of Ontario, Canada, without giving effect to any principles of conflicts of laws.
X. Discontinuation of Service and Force Majeure
A. Pathway may modify, suspend, discontinue or restrict the use of any Service, product or portion of the Pathway website, including the availability of any portion of the content at any time, without notice or liability. Once terminated, we may remove any of your electronic newsletters or other Emails and related data and files from our website and any other storage.
B. Pathway may deny access to any User, at any time, and for any reason. In addition, Pathway may, at any time, transfer rights and obligations under these Terms to any current or future Pathway subsidiary or business unit, or any companies or divisions or any entity that acquires Pathway or any of its assets.
C. User acknowledges and agrees that it is virtually impossible to achieve continuous, uninterrupted availability of the Pathway, or any other, website. Pathway shall, nonetheless, endeavor to keep its website available without interruption. Events related to maintenance, security or capacity requirements and/or events beyond our control (e.g. disruptions in communication networks, power failures, equipment failure, etc.), may result in brief disruption or temporary interruption of the services provided.
XI. Data Protection
A. Pathway recognizes that any data provided by User to us is extremely important and we shall, therefore, be particularly sensitive in handling such data.
B. Users are advised that there are inherent security risks in transmitting data, such as emails or personal information, via the Internet, because it is impossible to safeguard completely against unauthorized access by 3rd-parties. Nevertheless, Pathway shall do what is reasonable to safeguard your data, subject to this cautionary limitation.
C. In particular, personal information will be transmitted via the Internet only if it does not infringe upon 3rd-party rights, unless the respective party has given prior consent in view of such security risks.
D. Accordingly, Pathway shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part.
XII. Right To Content Use
A. All information, content, services and software displayed on, transmitted through or used in connection with, the Pathway website, including for example, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like, as well as its selection and arrangement, is owned by Pathway.
B. Prohibited uses do not include any other use that Pathway expressly authorizes in writing.
C. Content on the Pathway website includes content that we create. All materials published on our website, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our web site, in whole or in part.
D. Pathway does not guarantee the accuracy, integrity or quality of the posted content on our website and User may not rely on any of this content.
E. UNSOLICITED IDEA SUBMISSION POLICY – Pathway AND ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND US ANY ORIGINAL SAMPLES, DEMOS OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDING OR DISPUTES WHEN Pathway'S SERVICES OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO US BY OTHERS. WE ASK THAT YOU DO NOT SEND YOUR UNSOLICITED IDEAS TO Pathway OR ANYONE AT Pathway. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT Pathway MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
XIII. Statute of Limitations
User agrees to file any claim regarding any aspect of this web site or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or you agree to waive such claim. User also agrees that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than the Province of Ontario courts.
XIV. Section Titles
The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
XV. Entire Agreement; Severability; Survivability
B. The ownership and proprietary rights provisions set forth in these Terms, and any other provisions that, by their sense and context, the parties intend to have survive, shall survive the termination of these Terms, for any reason.
C. The unenforceability or invalidity of any provision of these Terms shall not affect the validity or enforceability of any remaining provisions, but such remaining provisions shall be interpreted and construed in such a manner as to carry out, fully, the intention of the parties.
XVI. Incident Reporting
Any complaints regarding violations of these Terms by a Pathway User should be directed to Customer Service at Support@pathwayport.com. Where possible, include details that would assist Pathway in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
XVII. Contact Information
Please contact Pathway Customer Support by sending an email to Support@pathwayport.com.
XVIII. Effective Date
THESE TERMS AND CONDITIONS OF USE WERE LAST UPDATED AND BECAME EFFECTIVE ON APRIL 2, 2012.