Terms of Use

Effective: September 29, 2017

Thank you for visiting MyPath! We want to provide you with the best experience possible, and to do that, we ask that you read and comply with these Terms of Use.

By using this Website, you signify that you have read, understand and agree to be bound by this Agreement. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS SET FORTH BELOW, PLEASE DO NOT USE THIS WEBSITE. These Terms of Use (the “Terms of Use” or the “Agreement”) describe the terms on which you may access and use the www.MyPathUS.org website, the MyPathMoney.org Website, and other websites, applications or services owned and operated by MyPath that link to this Terms of Use (collectively the “Website”).

We reserve the right to revise the Terms of Use from time to time, and will post the new terms, which will take effect on the date of posting. You should review these Terms of Use every time you use the MyPath website. Your continued use of this Website following the posting of any changes to the Terms of Use constitutes acceptance of any changes. In the event of any inconsistency between the MyPath Privacy Policy and this Agreement, this Agreement shall control.To the extent that you have entered into a separate written agreement with MyPath regarding the use of this Website, such written agreement shall control in the event of any conflict with these Terms of Use.

USER ACCOUNTS

In order to access certain portions of our Website, we may require that you create a User Account (a "User Account"). To create a User Account, you must (i) agree to be bound by the Terms of Use, and (ii) provide any other information required during the registration process (e.g. a valid e-mail account). You are responsible for providing complete and accurate information when registering for a User Account, and for keeping such information current. You are responsible for maintaining the security of the User Account and any password. You agree to keep your password secure and confidential and to not share your User Account credentials.

You are responsible for all User Content (defined below) that is posted to our Website using the User Account we provide to you, as well as any other activity originating from the User Account we provide to you. We reserve the right to deny registration of any individual and to deny access to our Website to any individual, and to modify or terminate the Website and associated services, in each case, for any reason, with or without notice and at any time.

USING AND POSTING CONTENT TO THE WEBSITE

We have no obligation to review any information, materials or content (“Content”) posted by our Users (“User Content”) prior to it being posted on our Website. By posting Content to our server, you guarantee us that you have the right to make this Content available for use on our Website.

Please note that MyPath and our Partners may have access to your User Account and the Content that you post in connection with providing and administering the MyPath Website and our related services.

You are responsible for your use of the Website.

Do not submit Content that you do not have the right to, or that is offensive or hurtful!

You further agree that User Content you post to the Website will not contain third-party copyrighted material, or material that is subject to other third-party rights (including rights relating to publicity and privacy), unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material.

You are solely responsible for your interaction with other users of the Website, whether online or offline. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.

PROHIBITED ACTIONS

Below is a list of activities that are prohibited on the Website.

You agree that you will not:

Take any actions with respect to your use of our Website that are unlawful, false, misleading, harmful, threatening, hateful, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, or invasive of another’s privacy;
Post any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, but not limited to, posting discriminatory, racist or xenophobic Content;
Interfere with or disrupt our Website or servers or networks linked to our Website, or disobey any requirements, procedures, policies, or regulations of networks linked to our Website;
Violate any applicable local, state, national, or international law;
Post any Content, or take any other actions with respect to your use of our Website, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability;
Send unsolicited messages to users (spam) for commercial purposes;
Use our Website for commercial purposes without our prior written consent; or
Solicit other guests of our Website to become members of any commercial on-line service or other group or organization without first obtaining our express written consent.

TERMINATION

MyPath reserves the right, in its sole discretion, to terminate your access to all or part of this Website, with or without notice. Examples of activity that may lead to a termination of your use of the Website include your breach of any of these Terms of Use.

Upon termination of your User Account, or right to use this Website, you may lose access to all of your User Content. MyPath has no responsibility to maintain any such Content.

Material on this Website is provided for informational purposes only. Inclusion of information on this Website does not imply any financial advice, recommendation or warranty. All information on this Website is solely intended to provide information regarding MyPath, its goals, objectives and the services it provides. Information provided on the Website is not a substitute for the advice of an appropriate financial advisor or consultant. While MyPath facilitates relationships with partner financial institutions, governmental agencies and community groups (“Partners”), MyPath assumes no liability for any financial advice, consultation, or services furnished by such Partners.

MyPath does not recommend or endorse any specific services or other information that may be mentioned on this Website. MyPath does not endorse any Partners furnishing financial advice and/or care via the Website, nor does it assume liability for facilitating relationships with such Partners. Reliance on any information provided by MyPath, MyPath employees or otherwise appearing on the Website is solely at your own risk.

While all attempts will be made to keep this Website current, information may become outdated over time, or superseded by subsequent disclosure. This Website could also include technical or other inaccuracies or typographical errors. MyPath assumes no liability for the accuracy or completeness of, nor any liability to update, the information contained on this Website. Changes may be periodically added to the information and these changes will be incorporated in new editions of this Website.

PROPRIETARY RIGHTS IN WEBSITE CONTENT

You will retain all of your rights in the User Content, but hereby grant MyPath a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Websites are available), copy and create derivative works of such User Content.

Excluding User Content, MyPath retains all copyright and other proprietary rights in the Content available on or through the Website. Elements of this Website are protected by copyright, trade dress and other laws, and may not be copied or imitated in whole or in part. Nothing shall be construed as granting you any license under any patent, trademark or copyright of MyPath or any third party. Certain portions of this Website contain information supplied and updated by third parties, or include links to third-party sites. MyPath is not responsible for, and makes no warranty as to the accuracy of, such information or sites.

MyPath claims no ownership in, nor any affiliation with, third-party trademarks or brand names that may appear on this site. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of MyPath should be inferred from their use. You are not permitted to use the trademarks displayed on this Website without the prior written consent of MyPath or the third party that may own the trademarks. You may not modify or reverse engineer any portion of this Website or attempt to circumvent any security features on this Website.

No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without MyPath’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on this Website or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.

LINKS TO OTHER WEBSITES

This Website may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on or through this Website does not imply approval or endorsement of the linked website by us. If you decide to leave this Website and access these third-party websites, you do so at your own risk.

LIMITATION OF LIABILITY

To the fullest extent allowed under law, MyPath, its affiliates and any of its, or their, directors, officers, employees or agents shall not, under any circumstances, be liable for direct, consequential, incidental, indirect or special damages of any kind, or any other damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, and whether resulting from the use or inability of use of any contents of this Website (or a Website linked to this Website), or any other cause and even if caused by negligence or if we have been apprised of the likelihood of such damages occurring.

The above limitation, or exclusion, may not apply to you to the extent that applicable law prohibits the limitation or exclusion of liability for incidental or consequential damages. MyPath’s total liability to you hereunder shall not, in any event, exceed your online charges for accessing this Website.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT MYPATH DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY PERSONAL INFORMATION. MYPATH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

MYPATH MAKES NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYPATH OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

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 LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

By accepting these Terms of Use and by using the Website, you agree to indemnify and otherwise hold harmless MyPath and its officers, employees, agents, subsidiaries, affiliates, licensors, suppliers and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of this Website or the posting of any User Content.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that MyPath may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect the rights, property, or safety of MyPath and the public.

JURISDICTION

This Website (excluding linked sites) is controlled by MyPath from its offices in the State of California in the United States. By accessing this Website, you and MyPath agree that all matters relating to your access to, or use of, this Website shall be governed by the statutes and laws of the State of California, without regard to its conflicts of laws principles. You and MyPath also agree, and submit to the exclusive personal jurisdiction and venue of the courts of the State of California with respect to such matters. MyPath makes no representation that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those users who choose to access this Website from other locations do so on their own initiative, and are responsible for compliance with local laws.

NOTICES

MyPath may deliver notice to you under these Terms of Use by means of e-mail, a general notice posted on this Website, or by written communication delivered by first-class U.S. mail to the address that you have provided to MyPath. You may give notice to, or submit comments or questions to, MyPath at any time via e-mail or by letter delivered by first-class postage prepared U.S. mail or overnight courier to the following address:

MyPath
Attn: Terms of Use
2430 Mission Street
San Francisco, CA 94110

E-mail: webmaster@MyPathUS.org

SURVIVAL

The provisions of these Terms of Use entitled “Proprietary Rights in Website Content” “Limitation of Liability,” “Disclaimer of Warranties,” “Indemnification,” “Jurisdiction” and “General Provisions” will survive the termination of this Agreement.

CHILDREN UNDER 13

This Website is not intended for children under the age of 13. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids. You can find out about software that protects your kids at http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm.

DIGITAL MILLENNIUM COPYRIGHT ACT

DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe that any Content Posted on our Website infringes upon your copyrights, you may submit a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent (set forth in Section VII(B)) with the following information (see 17 U.S.C. 512(c)(3) for further detail):

a signature (physical or electronic) of the owner or a person who has been authorized by the owner of the allegedly infringed right to act on their behalf;
identification of the copyrighted work or other intellectual property that has allegedly been infringed;
identify the material on our Website that is alleged to be infringing, with enough detail so that we are able to locate it on our Website. Providing a URL or URLs is the most effective method of identifying such material;
a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
information reasonably sufficient to permit MyPath to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; and
a statement that the information provided in the notice is accurate, and under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.

Please send your notice here:

B. MyPath’s designated Copyright Agent to receive notifications of claimed infringement is: Margaret Libby.

C. For clarity, only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section 5(C), your DMCA notice may not be valid.

D. Counter-Notices. If you believe that your Content that has been removed from our Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content in the manner so posted or used, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

your physical or electronic signature;
a description of the Content that has been removed and the location at which the content appeared before it was removed;
a statement that you have a good faith belief that the Content was removed as a result of mistake or a misidentification of the Content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the State of California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

E. If a counter-notice is received by our copyright agent, MyPath may send a copy of the counter-notice to the original complaining party informing such person that MyPath may reinstate the removed Content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may (in MyPath’s discretion) be reinstated on our Website by MyPath in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.

GENERAL PROVISIONS

Except as provided in a particular “Legal Notice” on this website, these Terms of Use, along with the MyPath Privacy Policy, constitute the entire agreement and understanding between you and MyPath with respect to use of this Website, superseding all prior or contemporaneous communications with MyPath. These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of this Agreement are displayed for convenience only and have no legal effect. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, and any purported assignment shall be null and void, but may be assigned or delegated by us, in whole or in part, without restriction.