Welcome to https://www.pathiswellness.com (the “Site”). The site is operated by PATH Wellness LLC, (the “Company”). By accessing our Site, you agree to be bound by these Terms of Use (the “Agreement”). This Agreement governs the use and access to the Site; please read this Agreement carefully.
Before you continue on reading, please be aware of the Site’s Privacy Policy. If you do not agree with something in this Agreement, the Privacy Policy, or anything on our Site referencing this Agreement or the Privacy Policy, please stop using our Site. If you have any questions regarding the use of the Site, services offered by the Site, this Agreement, or the Privacy Policy, please contact us.
This Agreement is an electronic contract that displays the legally binding terms you must accept to access and use the Site. By accessing the Site, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein and consent to have this Agreement provided to you in electronic form. You further consent to have this Agreement govern your use of the Site. Please print a copy of this Agreement for your records. This Agreement may be modified by the Company from time to time, such modifications to be effective upon posting by the Company on the Site.
The Site is for personal and/or professional use only. You may not use the Site in connection with any commercial endeavors, including, but not limited to advertising or soliciting any user to license, buy or sell any products or services not offered by the Company. The Company may investigate and take any available legal action in response to any unauthorized commercial use of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site. The Company reserves the right, at its sole discretion to determine what constitutes a “commercial use”.
You must be at least 18 years of age or the age of majority and possess legal consent in the jurisdiction in which you live or reside and have the legal capacity to enter into this agreement to access this Site. By accessing and using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
The Company owns or licenses and retains all rights granted in the Site offered for sale or license, and in all content, trademarks, trade names, product marks and other intellectual property rights related thereto. The Site contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, disclose, use, create any derivative works from, make commercial use of, or reproduce in any way any copyrighted material, trademarks, trade names, product marks, other intellectual property or proprietary information accessible on the Site, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
The Company provides assistance and guidance via email, telephone, contact forms or first-class mail related to the use of the Site or services advertised and made available on the Site. When communicating with our customer service representatives (whether over the telephone, or via email), you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. Telephone calls between you and our customer service representatives may be recorded for quality assurance purposes. If the Company feels that your behavior towards any of our customer service representatives or other employees is at any time threatening or offensive, the Company reserves the right to immediately terminate your use of the Site.
The Company does not offer refunds for services already provided. Services not yet provided by the Company, but that have been paid for may be refunded at the Company’s sole discretion.
If you are a copyright owner or an agent thereof and believe that any content posted on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent at pathiswellness@gmail.com or the following address:
Copyright Agent
PATH Wellness LLC
5067 Durango Ct., San Jose, CA, 95118
The Site may contain, or third parties may provide, advertisements and promotions offered by third parties and links to other websites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or products, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or products or other materials available on or through any such website or resource
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR PRODUCT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SITE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE PRODUCTS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE PRODUCT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE OR ITS PRODUCTS OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
This Agreement is governed by California law. All claims, legal proceedings or litigation arising in connection with the Site or its services will be brought in the federal or state courts located in the jurisdiction and venue as chosen by the Company. You waive any objection as to an inconvenient forum.
You agree to indemnify and hold the Company, its subsidiaries, affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of (a) your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), (b) any postings or content you post on the Site or as a result of the use of the Site or license or purchase of its services, and (c) the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
From time to time, the Company may make third party opinions, advice, statements, offers, or other third-party information or content or services available on the Site (“Third Party Content”). All Third-Party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE SITE OR THIRD-PARTY SERVICES MADE AVAILABLE THROUGH THE SITE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SITE “AS IS” AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE SITE WILL BE CORRECTED.
YOU FURTHER UNDERSTAND THAT ANY PRODUCT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY PRODUCT OR OTHER MATERIALS THROUGH THE SITE.
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, text message, telephone call or postings on the Site.
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
The Company shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption in connection with any services offered by the Company or any third party resulting directly or indirectly from any cause beyond the reasonable control of the Company, including, without limitation, an act of war or terrorism, failure of electricity supply, systems or connections, interruptions, natural disaster, third party provider failure or delay in performance, civil commotion, governmental action, labor dispute, act of God or other causes beyond the reasonable control of the Company.
This Agreement, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by the Company without restriction, notice or other obligation to you or any third party.
This Agreement is subject to change by the Company at any time, at the Company’s sole discretion.