IMPORTANT – PLEASE READ CAREFULLY:
Pathevogateway.Pathevo.com (hereafter referred to as “Pathevo” and “the Service”) is operated and maintained by Owen Software Corp.
(hereinafter to be referred to as “you” and “your”) and Owen Software Development Co. Ltd. (“Service Provider”).
By using Pathevo, the services available at this Site, and any service, software, application, plug-in, component, functionality,
Agreement and Agreement in effect and posted at such website will apply to you. IF YOU DO NOT AGREE to be bound by the terms and
conditions herein, Service Provider is unwilling to provide you with access to its Tools. In that event, immediately stop using the
By visiting Pathevo and/or by completing the registration process for the Services, you represent and warrant that you have read, understand,
have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. REGISTRANTS UNDER THE AGE OF 18 MUST HAVE
A PARENT ASSIST IN THE COMPLETION OF REGISTRATION.
If you are 13 or older but under the age of 18, you must review this Agreement with your parent or guardian to make sure that you and
your parent or guardian understand it.
“Content” means all online or electronic information, data, databases, files, images, graphics, reports, icons, tools, Documentation, and
all other content or materials contained on or accessed through the Service.
“Documentation” means any activity sheets, media, support materials or other documentation accessible with or within the Service.
“Personal Information” is defined as any writing, electronic, digital or other recorded information concerning Users by which a User may be
individually identified or which is information that is unique or descriptive of the User.
“Tool” or “Tools” means the section of the Service accessible via a personal username and password which allows Users of the Service to access
and process their Personal Information and other information and to otherwise use the Services.
“Service” means all services, products and Content that the User uses or otherwise accesses from time to time provided by the Service Provider
on or through the Pathevo website (Pathevo), which is designed to assist individuals with the career and education planning process.
“Term” means the term of this Agreement.
Service Provider provides Users with access to a wealth of resources and information on-line to assist students, parents, mentors, faculty and
administrators with the education and career and career planning processes (the “Services”). Unless explicitly stated otherwise, any new features
that augment or enhance the current Services shall be subject to this Agreement. You understand and agree that the Services provided through Pathevo
are provided “AS IS” and that Service Provider assumes no responsibility for the timeliness, accuracy or reliability of the Services, nor for any deletion,
incorrect delivery, or failure to store any User communications or personalization settings.
By using the website, you are representing to Service Provider that:
immediately upon the posting thereof. Service Provider encourages you to check the date of our terms of service whenever you visit this Site to check
if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the
revised terms and conditions, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the
posting of modifications will constitute your acceptance of the revised terms and conditions.
Except for the licenses granted herein, you have no right, title or interest in or to Service Provider’s Services or any content. You agree that either
or both Service Provider or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights,
in and to Service Provider’s service and content, including, without limitation, text, images, and other multimedia data.
All contents of the Pathevo and Services, including but not limited to design, text, software, technical drawings, configurations, graphics, other files,
and their selection and arrangement (“Content”) are the proprietary property of Service Provider and/or the proprietary property of its suppliers, affiliates,
or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted
or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web site or other networked
computer environment) without the express prior written consent of Service Provider and/or it suppliers, affiliates, or licensors. All rights reserved.
Pathevogateway.Pathevo.com and the Pathevo logo are, without limitation, either trademarks, service marks or registered trademarks of Service Provider, and
may not be copied, imitated, or used, in whole or in part, without Service Provider’s prior written permission or that of our suppliers or licensors.
Other product and company names may be trade or service marks of their respective owners.
Service Provider may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that
are part of the Services. Unless Service Provider has granted you licenses to our intellectual property in these terms and conditions, our providing you with
such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
If you are a copyright owner or an agent thereof and believe any Content infringes upon your copyrights, you may submit a notification under the Digital
Millennium Copyright Act (“DMCA”) by providing notice to our designated Copyright Agent containing the following information:
Any feedback, comments, requests for technical support, and other communications should be directed to Owen Software customer service through email@example.com. You acknowledge that if you fail to comply with all of the above requirements of this Section, your DMCA notice may not be valid.
All transactions using Service Provider’s services are between the transacting parties only. The Services may contain features and functionalities linking
you or providing you with certain functionality and access to third party content, including web sites, directories, servers, networks, systems, information
and databases, applications, software, programs, products or services, and the internet as a whole. Service Provider may also provide some content to you
as part of the Services. However, Service Provider is not an agent of any transacting party, nor is Service Provider a direct party in any such transaction.
Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, Service Provider is not
responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party
content. Service Provider shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such
third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of
these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for
goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result
of problems with any of your other service providers or any third-party services, Service Provider will not be responsible unless the problem was the direct
result of our breaches.
Any, ideas, discoveries, inventions, patents, products, copyrightable works or other information (collectively, “Work Product”) developed in whole or in
part by Service Provider in connection with providing services under this Agreement will be and remain the exclusive property of Service Provider. Upon request,
all Users will execute all documents necessary to confirm or perfect Service Providers’ exclusive ownership of such Work Product.
Service Provider does not seek to collect information about children under the age of 13. No information should be submitted to or posted on this web site by
Users under 13 years of age. Service Provider encourages parents to take an active role in their children's use of the Internet, and to inform them of the potential
dangers of providing information about themselves over the Internet.
Service Provider is in no way liable for loss of customer data. Under no circumstances will Service Provider be held accountable for any loss of customer data.
By becoming a User you, the customer, acknowledge that you forfeit the right to hold Service Provider accountable for any and all technical errors, including
loss of User files (customer data).
Service Provider intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition,
Service Provider may make changes and improvements to the information provided herein at any time. SERVICE PROVIDER PROVIDES ITS SITE AND SERVICES “AS IS,”
“WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, SERVICE PROVIDER, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A “SERVICE PROVIDER PARTY,” AND COLLECTIVELY,
THE “SERVICE PROVIDER PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE SERVICE PROVIDER PARTIES DISCLAIM ANY AND ALL WARRANTIES
OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING
OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE
FACE OF THIS CONTRACT.
IN NO EVENT WILL ANY SERVICE PROVIDER PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE
DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SOFTWARE OR SERVICE, EVEN IF SUCH SERVICE PROVIDER PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 9 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF
ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF
CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE
LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY SERVICE PROVIDER
PARTY WITH RESPECT TO THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. In the event that, notwithstanding the
foregoing disclaimers and indemnification, Service Provider is found responsible to any User for any reason whatsoever, Service Provider’s responsibility shall be
limited to the amounts actually paid by such User for Service Provider’s services, and shall not include punitive damages or consequential or resulting damages of
SERVICE PROVIDER MAY CHANGE THE SOFTWARE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS 8 AND 9,
THE SERVICE PROVIDER PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT,
THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY
OF SECTIONS 8 AND 9, SERVICE PROVIDER IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE
AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY
EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER,
(4) ANY LOSS OF USER DATA, INCLUDING, WITHOUT LIMITATION, DAMAGED OR LOST USER FILES, THROUGH USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE DESKTOP SOFTWARE,
OR (5) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless, Service Provider, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives,
and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this
agreement by you. Service Provider reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you,
in which event you will fully cooperate with Service Provider in asserting any available defenses.
Service Provider reserves the right to terminate without notice your password, account or use of Service Provider’s Services and delete any data within Service Provider
service, in our sole discretion, without cause and/or without notice. You may terminate your User account upon notice to Service Provider at any time. ANY DATA YOU HAVE
STORED ON SERVICE PROVIDER’S SYSTEMS MAY NOT BE RETRIEVED, and Service Provider shall have no obligation to maintain any data stored in your account or to forward any
data to you or any third party.
You will receive a password and account designation upon completing the Service Provider registration process and becoming a registered user. These passwords are the
property of Service Provider and for security reasons must not be disclosed to any other party. You are responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify Service Provider of any
unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Service Provider
cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all information, data, text, and other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom
such information, data, text, or materials originated. This means that you, and not Service Provider, are entirely responsible for all information, data, text, and other
materials that you upload, post, e-mail, transmit, or otherwise make available via the website and the Service. You understand that any online interaction between a college,
university, or community college admissions official and a student seeking admission or their parent is the responsibility of the parties to that interaction, and does not
involve Service Provider. You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy any Content from, or interfere with
the proper operation of the website or the Service.
This Agreement shall be governed by and construed in accordance with the laws of the United States of America and State of Maryland, excluding its conflicts-of-law principles.
Please note that your use of the Services may be subject to other local, state, national, and international laws. You expressly agree that the exclusive jurisdiction for any
claim or dispute with Service Provider or relating in any way to your use of the Services resides in the courts of Maryland and you further agree and expressly consent to the
exercise of personal jurisdiction in the courts of Maryland in connection with any such dispute including any claim involving Service Provider or its affiliates, subsidiaries,
employees, contractors, officers, directors, telecommunication providers and content providers.
You may notify us by e-mail at firstname.lastname@example.org.
If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent
of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
Service Provider may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party.
Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS AGREEMENT OR THE SOFTWARE AND SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN
THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS.
The failure of Service Provider to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles
in these terms and conditions are for convenience only and have no legal or contractual effect.
This Agreement is the entire and final agreement regarding the subject matter hereof and supersede any prior or contemporaneous communications between Service Provider and you regarding
the subject matter hereof.