Krista Chapman dba Path & Compass (the “Company”) welcomes you to www.pathandcompass.com (the “Website”).
In these terms and conditions, “We/us/our/[d/b/a]” means Krista Chapman dba Path & Compass. The “Website” means the website located at www.pathandcompass.com (or any subsequent URL which may replace it) and all associated websites. “You/your” means you as a user of the Website.
By using this Website, purchasing any products or services from the Company or utilizing any of the products or services from the Company through this Website, you are deemed to have agreed to these Terms and Conditions. The Company may change, modify or update these Terms at any time without notice. Any access or use of the Website by you after the Company posts such changes shall constitute consent of such modifications. If at any time you choose not to accept these Terms and Conditions of use, please do not use this site. If you have any questions or concerns about these Terms, please contact email@example.com.
INTELLECTUAL PROPERTY & COPYRIGHTS
This Website and any related website or forum hosted on any platform by the Company (including but not limited to any group or subgroup on Facebook.com) include materials protected by U.S. and international intellectual property ad copyright laws, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, website name and product names. These materials are owned by the Company or are used by the Company with permission from their owners. You may view, download, print, email and use materials from the Company and Website for personal, noncommercial purposes only. When you download copyrighted material you do not obtain any ownership rights in that material. You may not republish, reproduce, duplicate, copy, display, distribute, post materials from the Company on any other website or social media, or otherwise use any material from the Company for commercial purposes, unless specifically authorized in writing by the Company. In the event that the Company discloses any portion of its information to the public, it should be understood that anything not publicly disclosed by the Company remains information that you have an obligation to protect and maintain as confidential.
MEMBERSHIP AREA RULES
MEMBERSHIP AREA PAYMENTS & RENEWAL
By enrolling in the Business High Ground you are authorizing the Company to automatically debit the credit or debit card that you used for your initial purchase. Automatic debit will be made through the card on file on the same date as your initial purchase, in monthly, quarterly, or yearly intervals (depending on the payment plan chosen by you at the time of the initial purchase). An order is not binding until it is accepted; the Company must receive payment before it will accept an order. All payments are non-refundable once received unless noted otherwise. Past-due sums are charge at a rate of 5% interest per every thirty (30) calendar days.
If you wish to cancel your subscription with the Path & Compass, you must do so at least 3 business days prior to the due date of your next invoice. To cancel your subscription, please contact our support team at firstname.lastname@example.org.
GENERAL RULES FOR USE
You are strictly forbidden from the following:
The Company may, without notice, refuse access to any products and services (in whole or in part), without refund, to any person that fails to comply with these Terms or for any other reason in its sole discretion.
NO LIABILITY FOR OPINIONS, ADVICE, OR THIRD-PARTY MATERIALS
The Company provides information only, and do not provide any financial, legal, medical or psychological services or advice. None of the content, products or services prevents, cures or treats any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. The Company disclaims any liability for your reliance on any opinions or advice contained in the Website.
Any documents or contracts provided by this site are provided as samples for general information purposes only. Your use of any of these sample documents is at your own risk, and you should not use any of these sample documents without first seeking legal and other professional advice. The provision of these sample documents (and the documents themselves) do not constitute legal advice or opinions of any kind, or any advertising or solicitation. The Company and its affiliates (and any of their respective directors, officers, agents, contractors, interns, suppliers and employees) will not be liable for any damages, losses or causes of action of any nature arising from any use of any of the sample documents or the provision of these sample documents.
Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content, advertising, products on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them. The Company is not party to, and does not monitor, any transaction between users and third-party providers of products or services.
THE SERVICES, PRODUCTS AND MATERIALS ON OR FROM THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
THE COMPANY (INCLUDING OUR AGENTS, REPRESENTATIVES, AND ASSIGNS) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION SETTLEMENT COSTS AND ATTORNEY’S FEE OR OTHER EXPENSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE COMPANY’S MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE.
The Website and Company is based in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with all applicable laws of your specific jurisdiction. This Agreement and any action related thereto will be governed by the laws of the State of Tennessee.
INITIAL DISPUTE RESOLUTION
The Company is available by email at email@example.com to address any concerns you may have regarding products or serve. The Company aims to resolve most concerns quickly to our customers’ satisfaction. The parties shall use their best efforts through this process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed-upon solution within a period of 30 days from the time of informal dispute resolution under the Initial Dispute Resolution provision, the parties then agree to submit the matter to mediation to be conducted by a mutually selected, qualified neutral, third-party attorney/mediator located in Nashville, TN which mediation may occur in-person, online (via webcams), or telephonically, and shall be scheduled within 30 days of either party providing the other with a request to mediate. Should mediation fail to resolve the dispute, either party may request that the dispute be resolved by confidential, binding arbitration governed by the Federal Arbitration Act (“FAA”). An election by either part to arbitrate shall be final and binding on the other party. IF ARBITRATION IS ELECTED, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes between the parties will be resolved before a neutral arbitrator whose decision shall be final except for a limited right of appeal under the FAA. Any court in Nashville, TN, may enforce the arbitrator’s award. The arbitration may be conducted in person, through the submission of documents, by phone, or online and shall be conducted by a qualified JAMS or similarly experienced arbitrator. If conducted in person, the arbitration shall take place in Nashville, TN. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
CLASS ACTION WAIVER
You agree that any legal claims or proceeding shall be limited to the Dispute between us and you, individually. You agree, where permitted by law, that (i) no arbitration or legal proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT IN THE EVENT THAT ANY CLAIMS ARISE BETWEEN US AND YOU PURSUE THOSE CLAIMS, YOU WILL ONLY DO SO IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
EXCEPTION – LITIGATION OF INTELLECTUAL PROPERTY AND SMALL CLAIMS COURT CLAIMS
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
MISCELLANEOUS LEGAL PROVISIONS
No waiver of any of the provisions herein by the Company shall constitute a waiver of any other provisions, nor shall any waiver constitute a continuing waiver.
The subject headings in this Agreement are provided for convenience only and shall not alter the construction or interpretation of any of its terms or provisions.