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TERMS AND CONDITIONS OF USAGE


(Last updated: June 1, 2016)

1. Agreement to terms and conditions of usage as prerequisite to using Website. Welcome to www.PathwaysWV.org (the “Website”), operated by Community Access, Inc., a West Virginia nonprofit 501(c)(3) (“Community Access”). By accessing and using the Website you represent that you have read and understand Community Access’s Privacy Policy and that you agree to be bound by the following Terms and Conditions of Usage, including but not limited to Community Access’s disclaimer of all warranties, including implied warranties of merchantability and fitness for a particular purpose (collectively referred to as the “Agreement”).

If you do not agree to be bound by this Agreement, you are not permitted to use the Website or any of the content, services, images, graphics, products or representations available on or accessible through the Website. This Agreement represents the entire understanding relating to the use of this Website and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.

2. Community Access’s right to terminate your access. You agree that Community Access, in its sole discretion and with or without cause, may terminate your access to and use of the Website and may remove and discard any material which you have uploaded, posted, distributed or otherwise made available through the Website. You agree that Community Access may exercise any or all of its rights pursuant to this paragraph at any time and without prior notice and that Community Access shall not be liable to you or to any third party for the exercise of its rights. Without limiting the foregoing, Community Access may at its discretion close your account, delete data from your account, bar access to certain employers and schools, and change the features and functionality of the Website.

3. User eligibility. The Website and its services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website and its services are not available to anyone under the age of thirteen (13). If you are under the age of 18 or are an adult with an appointed guardian, you must use the Website under the supervision of a parent or legal guardian. If you do not meet the qualifications set forth in this paragraph, you may not use the Website and our services.

4. Status of parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Community Access as a result of your use of the Website.

5. Copyright notice. All original contents of the Website, including but not limited to words, images and sounds, are: © 2016 Community Access, Inc. All rights reserved. You may not reproduce, copy, download or distribute any content of this site without first obtaining express written permission from Community Access. Violations of Community Access’s copyrights may result in civil and criminal penalties.

6. Trademark notice. “Community Access” is a service mark of Community Access, Inc. and may not be reproduced without Community Access’s express written permission. The design and layout of the Website is protected as trade dress and may not be copied or imitated in whole or in part without Community Access’s express written permission. Violations of Community Access’s trademark rights may result in civil and criminal penalties.

7. Permissible uses of Website materials. Community Access’s Website is for your personal, non-commercial use. You may not sell or license any information, products or services obtained from the Website.

8. Disclaimer of responsibility for errors and omissions in website materials. The Website may include technical inaccuracies or typographical errors. Community Access does not warrant the accuracy of any of the information, content, services, images, graphics, products or representations appearing on the Website.

9. Disclaimer of all express and implied warranties. Community Access does not make any representation about the accuracy or suitability of any information, representation, image, graphic, content, product or service contained on or accessible through the Website. All information, representations, images, graphics, content, product and services are provided “as is” and without any warranty of any kind. Community Access does not guarantee that any prospective employer or school will receive, access, read or respond to any materials or applications that you transmit via the Website or that there will be no mistakes in the transmission of the data.

WITH REGARD TO ALL INFORMATION, REPRESENTATIONS, IMAGES, GRAPHICS, CONTENT, PRODUCT AND SERVICES CONTAINED ON OR ACCESSIBLE THROUGH THIS WEBSITE, COMMUNITY ACCESS HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMMUNITY ACCESS AND ITS AFFILIATES, PARTNERS AND AGENTS DISCLAIM ANY WARRANTIES REGARDING THE RELIABILITY, SECURITY AND PERFORMANCE OF THE WEBSITE.

10. Limitation on liability for damages

COMMUNITY ACCESS IS NOT LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RESULTING FROM THE VIEWING OF, USAGE OF, DOWNLOADING OF AND/OR RELIANCE ON ANY INFORMATION, REPRESENTATIONS, IMAGES, GRAPHICS, CONTENT, PRODUCT AND SERVICES CONTAINED ON OR ACCESSIBLE THROUGH THIS WEBSITE; COMMUNITY ACCESS IS NOT LIABLE FOR THESE DAMAGES, REGARDLESS OF WHETHER AN ACTION IS BROUGHT IN TORT OR CONTRACT AND REGARDLESS OF WHETHER YOU WARNED COMMUNITY ACCESS OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the foregoing, Community Access and its affiliates, partners and agents shall not be liable for any delay or failure in performance resulting in whole or in part from acts of nature or causes beyond its or their reasonable control, including, but not limited to, strikes, labor disputes, riots, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, telecommunication equipment failures and non-performance of third parties.

11. Disclaimer of responsibility for material posted at other “linked” sites. There are links on Community Access’s Website which allow you to leave the Website and to visit other websites which are not under Community Access’s control or direction. For example, when you conduct searches for careers or colleges, you will leave Community Access’s Website and visit websites operated by other entities. Community Access is not and cannot be held liable or responsible for the content, services, images, graphics, products or representations of any linked website. Community Access cannot and does not guarantee, represent or warrant that the content contained in those linked websites is accurate, legal and inoffensive, or that those sites do not contain viruses or will not otherwise adversely affect your computer. Community Access provides links to these other websites solely as a convenience to you. Community Access’s inclusion of any link does not imply Community Access’s sponsorship, endorsement, affiliation, or approval of the linked website.

12. Registration and your account. You may not be able to utilize some or all of the Website’s functionality unless you first set up a user account. If you choose to set up an account, you agree: (a) To only provide true, accurate and complete information; (b) to ensure the confidentiality of your username and password; (c) to not sell or transfer your user account or access to that account to any third party; and (d) to permit Community Access and its affiliates, partners and agents to communicate with you via your account or by using the contact information you have provided, including your email address and telephone number. Community Access retains the discretion to deactivate or delete user accounts at any time, with or without notice, with or without fault.

13. Restrictions on your use of the Website’s Services. This Website provides you with the opportunity to communicate with Community Access, certain governmental agencies and non-profit organizations, as well as to search for employment and educational opportunities. You agree to use the Website and any services offered through the Website only to send and receive messages and material that are proper and related to the Website and in conformance with this Agreement and Community Access’s Privacy Policy. Without limiting the foregoing, you agree that you will not:

  • Defame, threaten or otherwise violate the legal rights of any person, including but not limited to any person’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • Violate any law, statute, ordinance or regulation, including but not limited to laws governing consumer protection, unfair competition, and false advertising;
  • Distribute any profane, defamatory, obscene, threatening, harassing or unlawful material;
  • Upload files unless you own the material in those files or have received all necessary consents from the owners of the material in those files;
  • Transmit or upload files that contain any viruses, Trojan horses, worms, time bombs, time locks, drop dead devices, traps, trap door devices, cancelbots, corrupted files, or any other software or programming routines which are intended to damage or interfere with the operation of the Website, any user’s computer or which are designed to surreptitiously intercept or expropriate any system, data or personal information from the Website or any user’s computer;
  • Upload any files which contain false notices of origin, copyright, authorship, or other proprietary designations or files from which the notices of origin, copyright, authorship, or other proprietary designations have been deleted;
  • Upload files that contain personal identifying information that may lead to identity theft, such as Social Security numbers, passport numbers, driver’s license numbers, and bank account numbers;
  • Advertise or offer to sell any goods or services for any commercial purpose;
  • Distribute or conduct contests, pyramid schemes or chain letters or generate or facilitate unsolicited commercial email (“spam”);
  • Download any file that you know, or reasonably should know, cannot be legally distributed;
  • Restrict or inhibit any other user from using and enjoying the Website or services offered through the Website.

You acknowledge that Community Access does not pre-screen communications posted on the Website and has no obligation to monitor those communications. Community Access maintains the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, as well as to protect itself and its affiliates, partners and Website users. In its sole discretion, Community Access may edit, refuse to post or remove any information or materials, in whole or in part, from the Website. You acknowledge that the Website is public and not private and that your communications via this Website may be read by others without your knowledge. Community Access does not control or endorse the content, messages or information found on the Website and therefore Community Access specifically disclaims any liability with regard to the Website and any actions resulting from your participation in the Website.

14.License to use content which you post or distribute via the Website. By posting messages, uploading files, inputting data, or engaging in any other form of communication (collectively referred to as “Content”) through this Website you are granting Community Access an unrestricted, irrevocable, world wide, royalty-free, non exclusive license (the “License”) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the Content (in whole or in part) and to incorporate the Content into other works in any format or medium now known or later developed and to fully sub-license any and all of the rights conveyed pursuant to the License. The License shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

15. Community Access’s right to modify the Website and its terms and conditions of usage. Community Access reserves the right to make changes at any time, with or without notice, to this Agreement and to the Website and to the information, representations, images, graphics, content, products and services contained on or accessible through the Website. These changes are effective immediately upon posting on the Community Access Website. Please check this page periodically so that you become aware of any modifications to the Agreement. Your continued use of the Website following any changes constitutes your acceptance of the Agreement as modified.

16. Requirement of indemnification for damage caused by website visitors. As a condition of your use of the Website, you warrant to Community Access that you will not use the Website for unlawful purposes or in ways which are prohibited by these terms of usage or which could damage or disable the site or interfere with any other party’s use and enjoyment of this site. You agree to indemnify and hold Community Access and its officers, agents and employees (collectively referred to as “Community Access”) harmless from any breach of your warranty, including but not limited to any claim made by any third party which is due to or arises out of your use of Community Access’s Website and services. Your obligation to indemnify and hold Community Access harmless extends to any judgments, awards, settlements and costs, including reasonable attorney’s fees, which stem from a breach of your warranty or any claims made by any third party which is due to or arises out of your use of Community Access’s Website and services.

17. Copyright infringement claims. Under the Digital Millennium Copyright Act an owner of a copyright may be able to have its copyrighted materials removed from this Website. If you believe that material on this Website infringes your copyright, you may request the material be removed or that access to that material be blocked. For more information, please contact web@pathwayswv.org.

18. Mandatory arbitration of all disputes. Any controversy or claim arising out of or relating to the Terms and Conditions of Usage, or the products and services offered at this Website, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The exclusive venue for any proceeding arising out of or relating to the Terms and Conditions of Use, or the products and services offered at this Website, shall be as follows: Any arbitration shall be conducted in Kanawha County, West Virginia, U.S.A. and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Community Access may seek any interim or preliminary relief necessary to protect rights or property, pending the completion of arbitration, from a court of competent jurisdiction in Kanawha County, West Virginia, U.S.A. Any action related to this Website will be governed by West Virginia law and U.S.A. federal law.

19. Severability of provisions. The provisions of this Agreement are severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions. If any provision of this Agreement is invalid or unenforceable, (1) a suitable and equitable provision shall be substituted in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision and (2) the remainder of this Agreement and the application of such provision to other persons, entities or circumstances shall not be affected by such invalidity or unenforceability of such provision, or the application thereof, in any other jurisdiction. A printed version of this Agreement and of any future notice from Community Access given in electronic form shall be admissible in any proceeding based upon or relating to this Agreement or notice to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

20. Date of last update to Agreement. This Agreement was last updated on June 1, 2016.

 

For more information on how to help protect your computer, personal information, and your family online, visit one or both of the following links:
Office of Technology, State of West Virginia
Attorney General's Office, State of West Virginia
Google Safety Center