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Terms of use

  • Acceptance of the Terms of Use

    These terms of use are entered into by and between you and Pathpoint. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Website, including any content, functionality and services offered on or through the Website.

    PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE WEBSITE. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND ON THIS PAGE, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE WEBSITE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

    Changes to the Terms of Use

    We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth under Governing Law and Jurisdiction below will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website.

    Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

    Accessing the Website and Account Security

    We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

    You are responsible for:

    Making all arrangements necessary for you to have access to the Website; and

    Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

    To access some of the resources the Website offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including through the use of any interactive features on the Website, is governed by our Website Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

    If you choose, or are provided with, a user name, password, or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

    We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, without limitation, any suspected violation of these Terms of Use.

    Additional Intellectual Property Rights

    In addition to the notice concerning Pathpoint’s ownership of its service marks and logo above, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Pathpoint or its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights and laws.

    You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

    Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.

    You may store files that are automatically cached by your Web browser for display enhancement purposes.

    You may print one copy of a reasonable number of pages of the Website for your own reasonable business use and not for further reproduction, publication, or distribution.

    If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

    You must not:

    Modify copies of any materials from this site.

    Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text.

    Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

    If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Pathpoint. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

    Prohibited Uses

    You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

    In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the United States or other countries).

    For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

    To impersonate or attempt to impersonate Pathpoint, a Company employee, representative, or agent, another user, or any other person or entity (including by using email addresses or screen names associated with any of the foregoing).

    To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Pathpoint or users of the Website or expose them to liability.

    Additionally, you agree not to:

    Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

    Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

    Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

    Use any device, software, or routine that interferes with the proper working of the Website.

    Introduce any viruses, Trojan horses, worms, logic bombs, or other material or malware which is malicious or technologically harmful to Pathpoint or its permissible users of the Website.

    Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

    Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

    Otherwise attempt to interfere with the proper working of the Website.

    Monitoring and Enforcement; Termination

    We have the right to:

    Perform active surveillance of any information entered into or other use of the Website. Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.

    Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.

    YOU WAIVE AND HOLD HARMLESS PATHPOINT AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

    We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities or inactivity of Pathpoint in connection with the operations of the Website.

    Reliance on Information Posted

    The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

    This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, other than the content provided by Pathpoint, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Pathpoint. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

    Changes to the Website

    We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

    Information About You and Your Visits to the Website

    All information we collect on this Website is subject to our Website Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Website Privacy Policy.

    As part of your use of the Services, the Website, and the portal, you may upload or otherwise provide to Pathpoint certain content, materials, data, and other information (collectively, "Your Content"). You grant Pathpoint a nonexclusive, royalty-free license to access, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise exploit in any manner Your Content for purposes providing and improving the Services. You represent and warrant that: (i) you either are the sole and exclusive owner of Your Content or you have all rights, licenses, consents, and releases necessary to grant Pathpoint the license to Your Content as set forth herein; (ii) neither Your Content, nor your submission, uploading, publishing, or otherwise making available Your Content, nor Pathpoint's use of Your Content as permitted herein will infringe, misappropriate, or otherwise violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

    Additional Terms and Conditions

    Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

    Linking to the Website and Social Media Features

    You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

    This Website may provide certain social media features that enable you to:

    Link from your own or certain third-party websites to certain content on this Website.

    Send emails or other communications with certain content, or links to certain content, on this Website.

    Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

    You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

    Establish a link from any website that is not owned by you.

    Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.

    Link to any part of the Website other than the homepage.

    Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

    You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

    We may disable all or any social media features and any links at any time without notice in our discretion.

    Links from the Website

    If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

    Comments and Submissions

    Pathpoint welcomes your comments. All comments, suggestions or other information sent by you to this Website will become Pathpoint’s property, and you agree that all intellectual property rights therein are transferred to Pathpoint. You understand that any postings to publicly available portions of the Website are non-confidential for all purposes.

    Geographic Restrictions

    The owner of the Website is based in the State of Washington D.C. in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to or use of services provided on the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

    Disclaimer of Warranties

    You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

    YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PATHPOINT NOR ANY PERSON ASSOCIATED WITH PATHPOINT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PATHPOINT NOR ANYONE ASSOCIATED WITH PATHPOINT REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    PATHPOINT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    Limitation of Liability

    IN NO EVENT WILL PATHPOINT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

    THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    Indemnification

    You agree to defend, indemnify and hold harmless Pathpoint, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

    Governing Law and Jurisdiction

    All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington D.C. without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington D.C. or any other jurisdiction).

    Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington D.C. in each case located in the City of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

    Arbitration

    At Pathpoint’s sole discretion, we may require you to submit any disputes arising from the use of the Website or these Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Washington D.C. law.

    Waiver and Severability

    No waiver by Pathpoint of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pathpoint to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

    If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

    Entire Agreement

    These Terms of Use, any specific Broker Agreement entered with you or your Agency, and our Privacy Policy constitute the sole and entire agreement between you and Pathpoint, Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

    Your Comments and Concerns

    This website is operated by Pathpoint, Inc., at www.pathpoint.com. Official correspondence must be sent via postal mail to:

    Pathpoint, Inc.

    2201 Wisconsin Avenue
    Second Floor
    Washington, D.C. 20007

    Feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@pathpoint.com