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Scope. These Terms apply to any person who accesses, uses, or visits the PATH website, located at PathForHigherEd.org, and the information, content, features, functionality, and services offered or made available through the website (collectively, the “Services”).

Modification. Except as otherwise provided herein, PATH reserves the right, at its sole discretion, to modify or replace the Terms at any time. Any changes will be incorporated into the Terms, and you should check the Terms periodically for updates. Changes will be effective immediately and will apply on a going-forward basis unless otherwise provided. Use of the Services following such modification constitutes your acceptance of the modified Terms. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services.

Privacy Policy. In addition to these Terms, we publish a Privacy Policy that explains how we collect, use, share, and protect information that you provide to us. Although not a part of these Terms, we encourage you to read the Privacy Policy, which is located at: pathforhighered.org/privacy-policy/

Our Grant of Rights to You. Subject to your compliance with these Terms, we grant you a limited right to access and use the Services and Services Content (as defined in Section 5) for your personal, professional, non-commercial use, consistent with your assigned access tier. If you breach these Terms, this right will terminate automatically, and you must immediately stop accessing and using the Services and Services Content.

PATH Ownership; Reservation of Rights. As between you and us, except for User Content (as defined in Section 6 below), all information, software, artwork, trademarks, text, video, audio, pictures, logos, screens, and other content on the Services, including all associated intellectual property rights (collectively, the “Services Content”), are the property of PATH and its licensors, are protected by U.S. and international copyright and other intellectual property laws, or are used under principles of fair use. For the avoidance of doubt, the term “Services Content” expressly excludes User Content. PATH and its licensors retain all rights with respect to the Services and Services Content except those expressly granted to you in these Terms. For the avoidance of doubt, this includes the right to withdraw, amend, or modify the Services, Services Content, or any other materials we provide on the Services in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Services or Services Content are unavailable at any time for any period. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the Services, Services Content, or any other material available through the Services unless specifically authorized by these Terms or in writing to do so by PATH.

User Content. “User Content” means any information, text, comments, messages, ideas, posts, submissions, or other materials that you submit to the Services or otherwise make available to PATH, excluding personal information governed by our Privacy Policy. You are solely responsible for your User Content and represent and warrant that you have all rights necessary to submit, post, upload, use, or disseminate it through the Services without violating any third-party rights. By submitting User Content, you grant PATH a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, sublicensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, exploit, and publish such User Content, in whole or in part, in any format or medium now known or later developed, including for any legitimate business purpose. You retain your intellectual property rights in your User Content. PATH does not verify, adopt, ratify, sanction, or endorse User Content and is not responsible or liable for it. We reserve the right, but have no obligation, to review User Content and take appropriate action in our sole discretion if we believe it violates these Terms or creates liability for us or others, including reporting matters to law enforcement authorities.

Member Directory. The Services include a member directory that allows eligible PATH members to voluntarily provide and display certain profile information to other authenticated members (the “Member Directory”). Information you submit for inclusion in the Member Directory is User Content and remains your responsibility. You represent and warrant that any directory information you provide is accurate, current, and submitted with all necessary rights and permissions. PATH does not verify, endorse, or guarantee the accuracy, completeness, or reliability of Member Directory information and is not responsible for any omissions, errors, misuse, communications, or interactions arising from or related to the Member Directory. You may use Member Directory information only for legitimate PATH-related networking and collaboration purposes and may not use it for solicitation, marketing, spam, harassment, scraping, compiling lists, or any unlawful or unrelated purpose. PATH may modify, remove, restrict, or disable any Member Directory profile or feature at any time in its sole discretion.

Member Interactions; No Endorsement. The Services and Member Directory are intended to facilitate PATH-related networking, collaboration, and information sharing among eligible members. PATH does not screen, verify, endorse, recommend, or guarantee any member, organization, profile, resource, statement, comment, communication, or other User Content made available through the Services or Member Directory. You are solely responsible for your communications, meetings, collaborations, transactions, relationships, and other interactions with other members, whether online or offline. PATH is not responsible or liable for any dispute, harm, loss, damage, claim, or other issue arising from or related to member interactions or any reliance on member-provided information.

Prohibited Uses. You agree to comply with these Terms and not to (directly or indirectly): (i) sell, rent, lease, sublicense, transfer, modify, create derivative works of, or redistribute the Services or any component thereof, (ii) use or exploit the Services or any component thereof except solely as expressly permitted pursuant to these Terms, (iii) alter or remove any copyright, trademark, or other protective notices, (iv) reverse-engineer, decompile, or disassemble the Services, (v) use the Services in a manner that could, directly or indirectly, disable, overburden, impair, pose harm or other safety concerns, (vi) transmit or distribute any viruses, malware, or other harmful code, (vii) collect or compile data from the Services through manual or automated means, (viii) use or encourage or facilitate others’ use of any portion of the Services for any unlawful purpose or in violation of applicable law, including for any purpose that is fraudulent, libelous, defamatory, obscene, pornographic, profane, indecent, or otherwise inappropriate, or is otherwise unlawful, (ix) use information obtained from the Member Directory to contact members for solicitation, harassment, spam, or any purpose unrelated to PATH’s mission, or (x) use the Services for commercial solicitation or advertising without PATH’s prior written consent. We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of any violation of these Terms, including terminating accounts, blocking access to the Services, or taking other corrective actions, we deem appropriate

Community Standards. You agree to interact with PATH, members, and other users in a lawful, respectful, professional, and appropriate manner. You may not harass, threaten, intimidate, abuse, impersonate, misrepresent your identity, affiliation, qualifications, or authority, or misuse another member’s information. You may not use the Services, Member Directory, or any member information for mass outreach, recruiting, sales, fundraising, political outreach, unsolicited communications, or to sell, share, disclose, transfer, or build a separate or competing database, directory, service, or contact list. PATH may remove content, restrict communications, suspend or terminate accounts, or take other action it deems appropriate in its sole discretion for conduct that violates these Terms or may harm PATH, members, users, or the Services.

Links to Third-Party Services. Our Services may contain links or references to third-party websites, services, content, or other material (“Third-Party Services”). We have no control over these Third-Party Services and do not assume responsibility or liability for any such Third-Party Services or the content, opinions, or material available on them. We do not endorse the content, opinions, or materials of any Third-Party Services, nor do we warrant that Third-Party Services will be free of computer viruses or other harmful code. If you access any Third-Party Services through the Services, then please be aware that you are doing so at your own risk. We encourage you to review any such third party’s terms of use and privacy policy as those, and not our Terms and Privacy Policy, are applicable to your use of such Third-Party Services.

Accounts. To create an account, you must receive an invitation or referral link from a PATH Member organization or obtain direct approval from PATH. You must be at least eighteen (18) years old to register. By registering, you represent and warrant that all information you provide is true, accurate, current, and complete, and you agree to promptly update it as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not share, transfer, or permit others to use your account. You must promptly notify PATH of any unauthorized access, suspected misuse, or other security incident involving your account. PATH is not liable for any loss or damage arising from your failure to protect your account credentials or comply with these Terms. All account requests are subject to PATH’s review, approval, role assignment, and access controls. PATH may approve, deny, suspend, limit, or terminate any account or access privileges at any time, with or without notice, in its sole discretion. The Services may provide different features, permissions, and access levels based on your account status, role, organization, or other criteria determined by PATH. PATH may modify, restrict, or discontinue any access level, feature, permission, or tier structure at any time, with or without notice.

Disclaimers. THE SERVICES AND SERVICES CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, ERRORS, BUGS, AND DEFECTS, AND YOUR USE OF THE SERVICES AND SERVICES CONTENT IS AT YOUR SOLE RISK. PATH AND ITS SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, SERVICES CONTENT, USER CONTENT, MEMBER DIRECTORY, OR ANY MEMBER-PROVIDED RESOURCES, AND HEREBY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING: (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (II) ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (III) ANY WARRANTY THAT THE SERVICES, SERVICES CONTENT, USER CONTENT, MEMBER DIRECTORY, OR MEMBER-PROVIDED RESOURCES WILL BE SECURE, ACCURATE, COMPLETE, ERROR-FREE, UNINTERRUPTED, TIMELY, FREE OF VIRUSES OR OTHER HARMFUL CODE, LAWFUL, RELIABLE, OR WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY DESIRED OUTCOME.

THE SERVICES, SERVICES CONTENT, USER CONTENT, MEMBER DIRECTORY, AND MEMBER-PROVIDED RESOURCES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, ARE GENERAL IN NATURE, AND ARE NOT TAILORED TO INDIVIDUAL CIRCUMSTANCES OR TO BE RELIED ON FOR ANY PURPOSE. PATH DOES NOT VERIFY, ENDORSE, OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, CONTENT, OR LEGALITY OF ANY USER CONTENT, MEMBER DIRECTORY INFORMATION, COMMENTS, MEMBER-PROVIDED RESOURCES, OR COMMUNICATIONS BETWEEN MEMBERS, INCLUDING ANY CONTACT MADE THROUGH THE MEMBER DIRECTORY. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, SOFTWARE, TECHNOLOGY, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.

SOME JURISDICTIONS DO NOT PERMIT THE FOREGOING DISCLAIMERS AS TO INDIVIDUALS, IN WHICH CASE THEY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL PATH, OUR CAUSE, OR THEIR RESPECTIVE OPERATORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY LOST PROFITS, LOST REVENUE, LOSS OF USE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER AND/OR DEVICE FAILURE OR MALFUNCTION, UNAUTHORIZED ACCESS, OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE SERVICES, SERVICES CONTENT, USER CONTENT, MEMBER DIRECTORY, OR MEMBER-PROVIDED RESOURCES, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT PATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS TO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IF APPLICABLE LAW DOES NOT PERMIT THESE EXCLUSIONS OR LIMITATIONS, PATH’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IN NO EVENT WILL PATH’S AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES, SERVICES CONTENT, MEMBER DIRECTORY, AND THESE TERMS EXCEED THE GREATER OF: (A) AMOUNTS PAID BY YOU TO PATH IN CONNECTION WITH THE SERVICES IN THE SIX MONTHS PRECEDING THE CLAIM, OR (B) FIFTY DOLLARS.

Indemnity. You agree to defend, indemnify, and hold harmless PATH and its officers, directors, employees, agents, licensors, representatives, and affiliates from and against any and all claims, damages, liabilities, losses, judgments, awards, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach or alleged breach of these Terms, (b) your User Content, including any claim that your User Content infringes or misappropriates any third-party intellectual property or other rights, (c) your access to, use of, or inability to use the Services, Services Content, or Member Directory, (d) your violation of any applicable law or regulation, or (e) any negligent, fraudulent, or wrongful act or omission by you. PATH reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder, and you agree not to settle any such matter without PATH’s prior written consent. You will cooperate fully as reasonably requested by PATH in the defense of any claim. This indemnification obligation will survive termination or expiration of these Terms.

Dispute Resolution.

Pre-Suit Mediation Requirement. Before initiating any legal proceeding arising out of or relating to these Terms, the Services, or any dispute, claim, or controversy between you and PATH (a “Dispute”), you and PATH agree to first attempt to resolve the Dispute through mediation administered by the American Arbitration Association (“AAA”). The party seeking to initiate a Dispute must provide written notice to the other party describing the nature of the Dispute and the relief sought (“Notice”). Notice to PATH should be sent to hello@ourcause.co. Within thirty (30) days after receipt of such Notice, the parties shall attempt in good faith to agree on a mediator. If the parties are unable to agree on a mediator within that period, AAA shall appoint the mediator in accordance with its applicable procedures. The mediation shall take place in Austin, Texas, or by mutual agreement, may be conducted virtually via videoconference or telephone. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference personally. Likewise, if we are represented by counsel, our counsel may participate in the conference as well, but we agree to have a company representative fully participate in the conference. Each party shall bear its own costs of mediation, and the parties shall share equally in any AAA administrative fees and mediator fees. The parties agree to participate in the mediation in good faith and to make a genuine effort to resolve the Dispute before pursuing litigation. No party may initiate a court proceeding with respect to a Dispute until mediation has concluded.
Litigation, Jurisdiction, and Venue. If a Dispute is not resolved within ninety (90) days following the commencement of mediation (or such longer period as the parties may agree in writing), or if the mediator declares an impasse, either party may commence litigation in accordance with this section. You agree that any legal proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Travis County, Texas on an individual basis. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum. The prevailing party in any litigation commenced under this Section 16 shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party.
Tolling. All applicable statutes of limitations and contractual time limits shall be tolled from the date of receipt of a completed Notice through and including the foregoing mediation period.
Exclusions; Injunctive Relief. With the exception of the governing law, jurisdiction, venue, and class action waiver provisions, this Section 16 shall not apply to PATH’s right to bring any claim arising out of or relating to: (a) infringement or misappropriation of intellectual property rights; (b) your breach of the Prohibited Uses, Community Standards, or account/security provisions of these Terms; (c) fraud, illegal conduct, or conduct that threatens the security, integrity, or availability of the Services; or (d) any request for temporary, preliminary, or permanent injunctive, equitable, or other provisional relief. Nothing in this Section 16 shall prevent any party from seeking temporary or preliminary injunctive relief, or other provisional remedies, from a court of competent jurisdiction at any time to prevent irreparable harm.
CLASS ACTION WAIVER. YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, OR ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND PATH EXPRESSLY WAIVE ANY RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. Unless both you and PATH agree otherwise in writing, no mediator or court may consolidate more than one person’s claims or otherwise preside over any form of representative or class proceeding. If this class action waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed, and the remaining claims shall proceed on an individual basis.

Monitoring Services Use. You agree that we have the right and discretion, but not obligation, to monitor any activity and content associated with our Services, Services Content, and Member Directory. We may investigate any reported violation of these Terms or complaints relating to the Services, Services Content, and Member Directory, and may take any action that we believe, in our sole discretion, is appropriate including, but not limited to, removing materials from the Services and terminating/suspending your access to the Services. We also may report to law enforcement authorities or other appropriate parties, behaviors that we suspect may be harmful to yourself or others, as necessary, and within our sole discretion.

18. Assignment. These Terms shall not be assignable, either in whole or in part, by you. We reserve the right to assign the rights and obligations under these Terms for any reason and in our sole discretion.

Governing Law. These Terms shall be governed in all respects by the laws of the State of Texas, without giving effect to its conflicts of law provisions.

Injunctive Relief. You acknowledge and agree that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, without prejudice to any other rights and remedies that may be sought under the dispute resolution provision of these Terms, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms.

Termination; Survival. PATH may terminate or suspend the Services and/or your account immediately, without prior notice or liability, if PATH believes you have violated the Terms or for any other reason in PATH’s sole discretion. You agree that PATH shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services. In addition to any right or obligation that by its nature or intent is intended to survive any termination or expiration of these Terms, the following provisions shall survive: (i) Section 5 (PATH Ownership; Reservation of Rights); (ii) Section 6 (User Content); (iii) Section 8 (Member Interactions; No Endorsement); (iv) Section 9 (Prohibited Uses); (v) Section 10 (Community Standards); (vi) Section 13 (Disclaimers); (vii) Section 14 (Limitation of Liability); (viii) Section 15 (Indemnity); (ix) Section 16 (Dispute Resolution); (x) Section 19 (Governing Law); (xi) Section 20 (Injunctive Relief); and (xii) this Section 21 (Termination; Survival).

Copyright Infringement. If you believe that any Services Content constitutes copyright infringement, or violates intellectual property rights, please provide PATH notice containing the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that has allegedly been infringed; (ii) identification of the copyrighted work or other intellectual property that you claim has been infringed; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit PATH to locate the material; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. You may send your claims of copyright or other intellectual property infringement to hello@ourcause.co.

Federal and State Laws. The Services are operated from the United States of America (the “U.S.”) and is intended for U.S. residents only. When using the Services, you must obey all applicable U.S. federal, state, and local laws.

Complete Agreement. These Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

General. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Force Majeure. PATH shall not be liable hereunder by reason of any failure or delay in the performance of its obligations, due to any cause which is beyond its reasonable control and not avoidable through the exercise of reasonable diligence, including, by way of example, but only to the extent beyond the reasonable control of a party and not avoidable through the exercise of reasonable diligence: strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, terrorism, war, governmental action, earthquakes, pandemics and other public health emergencies.

Contact Us. We welcome your feedback or suggestions. If you have suggestions, concerns, or questions about these Terms, then please contact us at hello@ourcause.co.

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