Table of Contents
Last modified: November 16, 2023
P2C’s Services may be provided directly to the end user or through a third party (school or sponsor). Please note that third parties may have additional terms that govern end-user use of services outside of these Terms, of which P2C has no claim or stakehold.
Using P2C Services
We provide Schools and students access to P2C online applications of curricula, including Career Exploration, Financial Literacy, Math, labor market information, and more! Subject to the terms and conditions of this Agreement, P2C grants you permission to access and use the Services. We reserve all rights not expressly granted to you in the Services and the P2C Content (as defined below). We may terminate this license at any time for any or no reason.
- Accounts: We maintain distinct types of accounts for distinct types of Users. Remember: you are responsible for any activity that occurs on your account. You may never use someone else’s account without permission and must keep your password secure. We recommend using “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols and are not reused with any other service) with your account to avoid unauthorized use. Please let us know immediately if you think your account’s security has been compromised so we can help.
- You are accountable for everything that happens through your account, so log out completely after each use. If you spot any unusual activity or suspect someone else has accessed your account without permission, please inform us or your Sponsor immediately.
- We are not liable for losses of any kind caused by unauthorized use of your account. This includes but is not restricted to, any damages resulting from any breach or theft of your account.
- Acceptable Use: Your access to and use of our Services must comply with the following Acceptable Use Restrictions.
- Our Services must not be used to publish, post, distribute, or disseminate any content that could be reasonably considered as (a) hate speech, obscene, harassing, threatening, pornographic, defamatory or abusive towards an individual or group based on religion, race, gender, age, disability, or any other factor; (b) inciting or displaying graphic or unnecessary violence; (c) unauthorized commercial communication of any sort (including but not limited to spam); (d) fraudulent, inaccurate, misleading, or any other type of objectionable content; (e) violating or infringing upon someone else’s rights; or (f) revealing personal contact information of others or infringing upon their privacy.
- Our services must not be used to violate any laws or in a manner that would violate any laws.
- You are prohibited from transmitting or uploading any software or materials that carry viruses, worms, Trojan horses, defects, time bombs, or any other elements that could cause damage.
- You may not use our Services to engage in commercial activity.
- You may not use our fee-based Services where you or your Sponsor has failed to pay for the applicable Services.
- You are also prohibited from: (1) Copying our Services; (2) Altering the format or framing any part of our services; (3) Changing, hiding, or removing any proprietary notices on or provided through our Services or copies thereof; (4) Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (5) Initiating any action that, in our sole discretion, places an unreasonable or disproportionately heavy burden on our IT infrastructure; (6) Altering, adjusting translating, disassembling, decompiling, or reversing the engineering of any part of our Services, or otherwise endeavoring to deduce or unveil any source code, underlying concepts, algorithms, file formats, or programming interoperability interfaces of our Services; (7) Interfere with the proper working of the Services; (8) Impersonating someone else or misrepresenting your association with a person or organization, engaging in fraudulent activities, concealing or trying to conceal your identity; (9) Gathering or storing, or attempting to gather or store, personal details of other users of our Services, unless explicitly allowed under these Terms or any other agreements that regulate your usage of the Services; (10) Sharing with any third party information regarding your access to or use of our Services for the purpose of monitoring the availability, performance, or functionality of our Services, or for any other benchmarking or competitive purposes without our prior written consent; (11) Accessing or utilizing our Services in a service bureau or time-sharing environment (including, but not limited to, accessing our Services with the sole purpose of providing third parties a service that solely involves the collection and entry of data and other information found on or available through our Services); (12) Generating any works derived from our Services; and (13) Marketing, allotting, transferring, sublicensing, pledging, leasing, or otherwise distributing your rights under these Terms.
Without restricting the generality of the previous statements, you must not access or use our Services in breach of any of these Acceptable Use Restrictions. You will be solely responsible for any damages, costs, or expenses resulting from violating any of these Acceptable Use Restrictions. If you become aware of any violation by any individual of any Acceptable Use Restriction, you must notify us immediately and provide reasonable assistance upon our request for any investigations we may carry out in relation to such violation of any Acceptable Use Restriction.
We consistently update our Services to deliver the highest quality product. Although we intend to continue providing and enhancing our Services, we reserve the right to modify, cancel, establish usage limits for, permanently or temporarily discontinue offering, or permit you access to the Services in general (“Service Changes”) without prior notice. While we will endeavor to provide advance notice of Service Changes that could negatively impact you, it may not always be practical or possible. Thus, we retain the right to implement Service Changes without notice and liability for any reason. Even after this Agreement concludes, any interactions you may have with the Services will continue to be governed by its terms.
You may control your profile and how you interact with the Services by changing the settings on your settings page. By providing your email address to us, you consent to our using the email address to send you Services-related notices, including any required legal notices and other messages, such as additions or changes to the Services and/or notices of product offers. While we need your email address to send you important Service-related notices, you can always ask us to stop sending you certain marketing messages. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You are fully responsible for your interactions with other Users, and we have no liability for your interactions with any other Users or for any User’s actions or inactions with respect to you.
Content & Information
- Sponsor Data: If you use the Services through a Sponsor, we may receive information, content, or materials from the Sponsor through or in connection with the Sponsor.
- Third-Party Content: The Services may allow you to access certain applications, websites, and other content owned or otherwise controlled by third parties (“Third Party Services”). Your access to and use of these Third-Party Services may be subject to separate terms imposed by the providers of these Third-Party Services (“Third Party Terms”). By accessing or using any Third-Party Services, you agree to comply with any applicable Third-Party Terms presented or that you otherwise agree to in connection with your access to or use of the applicable Third-Party Service. We have taken and will continue to monitor measures to restrict or disable certain features like comments, notifications, personalized ads, and others on these sites to ensure compliance with COPPA and other applicable laws. Access to these sites does not imply endorsement by P2C of the Third-Party Services.
Ownership & Licenses
- Intellectual Property Rights: P2C owns or licenses all rights, titles, and interests to our Services, meaning all worldwide patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress, service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all related applications and registrations, renewals, and extensions.
- Pathway2Careers Data is licensed to you for limited use, governed solely by the terms of this Agreement, and available for distribution only at our sole discretion. P2C owns the account you use to access the Services along with any rights of access or rights to data stored by or on behalf of P2C servers (except with respect to any Student Data that we may be storing for you), including but not limited to any data representing any or all your P2C Data. P2C has the right to manage, control, and even eliminate Pathway2Careers Data, except that P2C may only use Student Data as specifically permitted by this Agreement.
Privacy And Security
You agree to defend, indemnify and hold harmless P2C and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including but not limited to your breach of any of the representations and warranties; (iii) your violation of any third-party right, including but not limited to any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation, including but not limited to FERPA, the Protection of Pupil Rights Amendment (“PPRA”), and the Children’s Online Privacy and Protection Act (“COPPA”); (v) any content or information that is submitted via your account; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
The products available for purchase from Pathway2Careers are proprietary, customized, and/or fully functional. Online demos and sample deliverables allow you to evaluate products before making a purchase decision. If a product does not have an online demo, there are additional resources, such as image previews and video materials, available to help you better understand how it works and if it will fit your needs.
- Before purchasing a license, please request a demo to ensure the software meets your needs.
- After purchase, our Customer Success Team is available for implementation and continued support. Help is available for existing customers and is accessible from your personal account on the P2C platform by submitting a ticket. It is the official channel for delivering proper support.
- If you discover an issue that has substantially diminished your enjoyment of our software, please issue a support ticket describing the issue so that we can assist you in resolving any problem you may have experienced.
- Any payments for customized items shall not be refunded.
- No refunds shall be given on the grounds that “we changed our mind.” You must prove the module does not work as expected and assist us in checking the issue before requesting a refund.
- In rare instances and only within 60 days of purchase, if, due to technical difficulties or platform incompatibilities, the software will not function, we may, at our discretion, issue a refund.
- Right to Terminate: We reserve the right, with or without notice and in our sole discretion, to terminate these Terms and your ability to access or use our Services if you violate any Acceptable Use Restriction or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that we will not be liable to you or any third party for any such termination.
- Effects of Termination: If we exercise our termination rights available under these Terms, your license to access and use our Services shall immediately terminate. You must discontinue your access to and use of our Services.
- Fraudulent Activity: If we suspect you are engaging in any fraudulent, abusive, or illegal activity, we may refer such matter to appropriate law enforcement authorities.
- Survival: The provisions of these Terms, which are intended to survive the termination or cancellation of these Terms, shall continue as valid and enforceable obligations notwithstanding any such termination or cancellation.
- Suspension Rights: Without limiting anything set forth herein, we may immediately suspend all or part of your access to and use of the Services if: (i) we reasonably determine that your use of the Services could adversely impact the Services, a third party’s use of services we provide to such third party, or the network or servers we use to provide the Services; (ii) there is suspected unauthorized third party access to or use of the Services; (iii) we reasonably believe that immediate suspension is required to comply with applicable laws; (iv) you violate any Acceptable Use Restriction; or (v) you violate these Terms. In our sole discretion, we will reinstate any Services suspended pursuant to this Section when we determine that the circumstances giving rise to the suspension have been resolved. Unless prohibited by applicable law and where reasonably possible, we will provide you with prior notice of any such suspension and the basis for any such suspension.
- THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS AND WITHOUT ANY CONDITION OR WARRANTY, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING NO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, QUIET POSSESSION, OR NON-INFRINGEMENT. NOTHING WE OR OUR AFFILIATES SAY OR WRITE SHALL CREATE A WARRANTY OF ANY KIND.
- WE DO NOT WARRANT THAT THE SERVICES, OR ANY OF THE RESULTS FROM THE USE THEREOF, WILL MEET YOUR, OR ANY THIRD PARTY’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE WITH ANY SOFTWARE, SYSTEMS, OR OTHER SERVICES OR BE SECURE, ACCURATE, COMPLETE, OR FREE OF HARMFUL CODE UNLESS SUCH PROVISION IS AFFIRMED BY P2C IN WRITING PRECEEDING PURCHASE.
- WE EXPRESSLY DISCLAIM THAT THE SERVICES WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE.
- WE DO NOT REPRESENT THAT ANY DATA, COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER INFORMATION THAT WE COLLECT, STORE, OR TRANSMIT IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES WILL NEVER BE ERRONEOUSLY DELETED OR MISDELIVERED.
- YOUR ACCESS TO AND USE OF OUR SERVICES, DOWNLOAD OF ANY SOFTWARE RELATING TO OUR SERVICES, AND USE OF ANY INFORMATION WE MAY PROVIDE OR RESULTS GENERATED THROUGH OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF OUR SERVICES IS AT YOUR SOLE OPTION, DISCRETION AND RISK.
Some jurisdictions do not allow exclusions and limitations of certain implied warranties, so some of the above limitations may not apply to you.
Limitation of Liability
- No Liability for Incidental Damages: To the fullest extent allowed by relevant law, P2C, including its affiliates, agents, directors, employees, suppliers, or licensors, shall not be held responsible for any indirect, punitive, incidental, special, consequential, or exemplary damages. This includes but is not limited to damages related to loss of profits, goodwill, use, data, or other intangible losses that arise from using or inability to use the Services. Under no circumstances will P2C be liable for any damage, loss, or injury resulting from hacking, tampering, or unauthorized access or use of the Services or your account or the information it contains.
- Maximum Liability: Without limiting anything set forth in these terms, to the fullest extent permitted by applicable law, our entire liability and exclusive remedy, with respect to your access to and use of our Services, shall be the amount of $100.
- Applicability of Limitations: This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if P2C has been advised of the possibility of such damage. The preceding limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
- The Services are controlled and operated from US-based facilities, and we make no representations that they are appropriate or available for use in other locations. If you access or use the Services from other jurisdictions, you understand that you are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States or are a foreign person or entity blocked or denied by the United States government.
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you. In such states or jurisdictions, our liability will be limited to the maximum extent permitted by applicable law.
Dispute Resolution - Please read carefully:
- Governing Law: All matters relating to these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule.
- Forum: Any legal action or proceeding arising out of or relating to these Terms shall be instituted exclusively in the United States District Court for the District of Tennessee or the courts of the State of Tennessee covering east Tennessee, as appropriate.
- Waiver of Trial by Jury: To the extent permitted by law, you knowingly, voluntarily, unconditionally, and intentionally waive your right to a trial by jury in any action or legal proceeding arising out of or relating to our services.
- Waiver of Class Action: You agree that you are waiving the right to participate in a class action by accessing or using our services. You further agree that you may bring claims against P2C arising out of or relating to our services only in your individual capacity and not as a plaintiff or class member in any purported class, representative, or collective proceeding.
- Prevailing Party: In any action or proceeding between you and P2C (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) in connection with these Terms, your access to or use of the Services, or your dealing with P2C (and our affiliates and subsidiaries), the prevailing party will be entitled to recover its reasonable attorney fees and costs from the other party.
If you have any questions or concerns about the Services or these Terms, please email us at firstname.lastname@example.org.