These Terms of Use (these “Terms”) are a legal agreement between PathToCareer Incorporated (“PathToCareer”, “we”, “us”, or “our”) and you, an individual accessing the website located at https:// pathtocareer.com/ (the “Website”) and all other sites owned and operated by PathToCareer that redirect to the Website, all subdomains provided through the Website, access to platforms or subscription services, and all downloadable applications, features, functionality, content or information that is made available or provided by us (collectively, “Services”). These Terms set out the terms and conditions that apply to your access and use of the Website and Services.
You may use the Services if you are at least 18 years & older. If you are 18 years of age, you may visit, browse and use the information provided by the Services, but you may not submit any personal information to the Services, and you represent and warrant to PathToCareer that you have the permission of your parent or guardian to use the Services and any activities on the Services, and your parent or guardian agrees to these Terms on your behalf.
You agree that your use of the Services is subject to the terms of our Privacy Policy (“Privacy Policy”), which is incorporated by reference into, and forms an integral part of, the Terms.
BY SCROLLING THROUGH THESE TERMS AND CLICKING ACCEPT BEFORE USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND ARE INDICATING YOUR ACCEPTANCE OF, AND YOU AGREE TO BE BOUND BY, THE TERMS AND CONDITIONS OF THESE TERMS WHICH SHALL GOVERN YOUR ACCESS TO AND USE OF THE SERVICES. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES AND MUST EXIT THE WEBSITE AND REFRAIN FROM USING THE SERVICES.
THESE TERMS CONTAIN A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES OR THE WEBSITE. BY USING THE SERVICES, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS.
ALL OF THE INFORMATION ON OR THROUGH THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE (INCLUDING LEGAL INFORMATION OR ADVICE OR FINANCIAL ADVICE), NOR DOES IT REPRESENT AN ASSESSMENT, VERIFICATION OR VALIDATION OF ANY INFORMATION PROVIDED BY YOU. RELIANCE ON ANY INFORMATION PROVIDED BY PATHTOCAREER APPEARING ON OR PROVIDED IN RELATION TO THE WEBSITE OR SERVICES IS SOLELY AT YOUR OWN RISK.
1. Modification of Terms We may revise these Terms from time to time. The most current version will always be posted on our Website. Therefore, we recommend that you frequently visit the Website to monitor any changes to the Terms. In the event of any material change to these Terms, we will post a notice on the Website that we have changed these Terms. If we have your email address, we may (but are not required to) email you to provide notice that we have changed these Terms. If you use the Website after receiving notice of any such modification or replacement, you agree to have read and are indicating your acceptance of, and you agree to be bound by, the modified or replaced terms of use. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
2. Modification of Services; Downtime PathToCareer reserves the right to change the Website or change, eliminate or interrupt any part of the Website or the Services without notice and for any reasons whatsoever. The Services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, inaccuracy, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications between you and PathToCareer through the Website.
3. Access and License PathToCareer hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to (i) access the Website for the purposes of receiving the Services in accordance with these Terms; and (ii) access, view and print any information and documentation made available on the Website, for your personal, non-commercial and informational use only to assist you in the access and use of the Services.
To access and use certain Services through the Website, you will need to create an account. You must safeguard your login information, including username, passwords, digital certifications or other similar security mechanism used by the Website to identify you (“Login ID”) that you created to access the Services and PathToCareer Content and you must not disclose this information to anyone. You must immediately notify PathToCareer of any unauthorized use of your Login ID. Your Login ID will be used by PathToCareer solely in accordance with these Terms and the Privacy Policy. We reserve the right to verify the profile information that you provide to us prior to approving your account.
You agree to:
• maintain and update such Login ID and any registration information associated with the same, as necessary in order to keep such information current, complete and accurate;
• maintain the confidentiality of any passwords or other account identifiers which you choose or that are assigned to you as a result of any registration or account creation with the Website;
• be responsible for all activities that occur under such password or account;
• refrain from creating false accounts;
• immediately notify PathToCareer of any unauthorized use of your password or account in the event that the confidentiality of your password or your account is compromised.
Failure to comply with this section may result in immediate termination of your account. PathToCareer SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH, YOUR FAILURE TO COMPLY WITH THIS SECTION.
4. Permitted Uses You agree to use the Services only for purposes that are permitted, both by the Terms and by any applicable law, regulation, or generally accepted practices or guidelines, in relevant local, national, and international jurisdictions.
You agree that when using the Website and Services, you will not:
(i) access (or try to access) and use the Services through any automated means, including without limitation, scrapers, scripts, robots or web crawlers;
(ii) submit false or misleading information via the Services;
(iii) use or attempt to use another user’s account;
(iv) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your personal information or your affiliations with any person or entity;
(v) publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any of the PathToCareer Content;
(vi) market, sell, re-sell or make commercial use of the any PathToCareer Content;
(vii) systematically collect from the Website and use any PathToCareer Content, including the use of any data mining, robots, or similar data gathering and extraction methods;
(viii) decompile, reverse engineer, disassemble, modify, or reduce the Website to human perceivable form;
(ix) make derivative uses of the Website or the PathToCareer Content;
(x) post or transmit any files which contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties;
(xi) post or transmit data or content which violates or infringes any third party rights, is false, misleading or inaccurate or is injurious to a third party or defames, libels or disparages any third party;
(xii) post or transmit data or content which would be considered a criminal offence, give rise to civil liability, or would otherwise violate the law;
(xiii) take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Website or to shut down, overload or overwhelm the Website.
5. Suspension and Termination of Access PathToCareer may also suspend or terminate your access to the Services or terminate these Terms at any time without written notice to you for any or no reason whatsoever.
If these Terms are terminated for any reason, you are still bound by the provisions of the Terms that are intended to survive. EXCEPT TO THE EXTENT PROHIBITED BY LAW, PATHTOCAREER HAS NO LIABILITY OF ANY KIND OR ANY NATURE WHATSOEVER TO YOU SOLELY BY REASON OF ANY CHANGE, MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE WEBSITE OR SERVICES OR ANY OR ALL OF THE WEBSITE OR SERVICES IN ACCORDANCE WITH ITS TERMS. EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU AGREE THAT YOU SHALL NOT MAKE ANY CLAIM AGAINST PATHTOCAREER, INCLUDING WITH RESPECT TO ANY LOST REVENUE, PROFITS OR OPPORTUNITIES AS A RESULT OF SUCH CHANGE, MODIFICATION, SUSPENSION OR DISCONTINUANCE OR ON ACCOUNT OF ANY EXPENDITURES MADE OR ACTIONS TAKEN IN RELIANCE ON THE EXPECTED CONTINUATION OF THE WEBSITE, THE SERVICES OR THESE TERMS.
6. Content The Website may include images, text, works, audio files, sounds and other content and data that are owned by third parties (“Third Party Content”). You agree that all of the terms and conditions of these Terms relating to the Website apply to your access to and use of any Third Party Content and you further agree to comply with any terms and conditions that are specific to the Third Party Content.
All content and data made available by PathToCareer through the Website and modifications, enhancements, upgrades, updates or customization thereto, including any Third Party Content, (the “PathToCareer Content”) is owned solely and exclusively by PathToCareer and/or third parties and/or Contains information licensed under the Open Government Licence – Canada. You may not market, sell, re-sell or make commercial use of the Website or any PathToCareer Content.
If you make any information, documents, data or content available to PathToCareer on or through the Website or by contacting us (“User Content”), you are deemed to grant PathToCareer a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual and worldwide license to store, use, copy, reproduce, modify, adapt, edit, translate, publish, perform and display any such User Content that you make available on, through, or in connection with the Website without any payment or restriction.
You acknowledge that PathToCareer may, but is not obligated to, monitor and remove any photos, videos or any other User Content containing offensive or inappropriate content.
You represent and warrant that (i) you have the right to use or make available to PathToCareer such User Content and grant the rights to User Content set out herein; and (ii) the User Content made available to PathToCareer through the Website is not in violation of any confidential or other contractual obligations. You are solely responsible and liable for any User Content you make available on or through the Website or that is made available using your account. If you make User Content available through the Website, you represent that you have the right and permission to do so. In addition to the use restrictions set out above, you agree to not post any User Content that may be confidential or defamatory in nature or that may be in violation of a third party’s intellectual property rights. You agree that PathToCareer may proofread, summarize or otherwise edit, remove and/or withdraw your User Content in its sole discretion and for any reason whatsoever.
If you provide PathToCareer with any comments, suggestions, recommendations, requests or any other feedback (“Feedback”), PathToCareer may use such feedback to improve the Website or for any other purpose. Furthermore, PathToCareer shall own such Feedback and PathToCareer and its affiliates, licensees, clients, partners, third-party providers and other authorized parties may use, license, distribute, reproduce and commercialize the Feedback, and you hereby assign, irrevocably, exclusively and on a royalty-free basis, all such Feedback to PathToCareer. PathToCareer will have no obligation to consider, use, return or preserve any Feedback you provide to us. Any Feedback you provide to us may or may not be treated confidentially by us, and PathToCareer will have no obligation or liability to you for the use or disclosure of any Feedback.
7. Beta Versions This Section describes the terms under which PathToCareer offers preview, beta, or other pre-release features, services, or software, as determined by PathToCareer at its sole discretion (“Beta Versions“).
BETA VERSIONS ARE NOT READY FOR PRODUCTION AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS. ACCORDINGLY, THE BETA VERSION ARE PROVIDED BY PATHTOCAREER ON AN “AS IS” BASIS AND AS AVAILABLE, AND YOUR ACCESS TO AND/OR USE OF BETA VERSIONS IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PATHTOCONNECT EXPRESSLY DISCLAIMS ALL AND YOU WILL RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND FOR BETA VERSIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PATHTOCAREER OR THROUGH THE BETA VERSIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THE THESE TERMS.
8. Disclaimers and Limitation of Liability PathToCareer and its licensors make no representation about the suitability of the information contained in the PathToCareer Content.
THE SERVICES ARE PROVIDED BY PATHTOCAREER ON AN "AS IS" AND "AS AVAILABLE" BASIS. PATHTOCAREER MAY MAKE CHANGES OR IMPROVEMENTS TO THE PATHTOCAREER CONTENT AND FUNCTIONALITY OF THE SERVICES AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU. PATHTOCAREER DOES NOT WARRANT THAT THE SERVICES OR PATHTOCAREER CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PATHTOCAREER MAKES NO REPRESENTATIONS ABOUT THE TECHNICAL ACCURACY OR FUNCTIONALITY OF THE SERVICES OR THAT THE PATHTOCAREER CONTENT IS ACCURATE, ERROR-FREE OR UP-TO-DATE. PATHTOCAREER MAKES NO REPRESENTATIONS WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR INTELLECTUAL PROPERTY.
IN NO EVENT SHALL PATHTOCAREER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT PATHTOCAREER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, USE OR PERFORMANCE OF THE SERVICES, FAILURE OF THE SERVICES TO OPERATE, OR ANY PATHTOCAREER CONTENT OR OTHER INFORMATION PROVIDED ON THE WEBSITE OR IN CONNECTION WITH THE SERVICES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM OF THESE TERMS AND YOU ACKNOWLEDGE THAT PATHTOCAREER WOULD NOT GRANT ACCESS TO THE SERVICES WITHOUT YOUR AGREEMENT OF THIS SECTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
If you are dissatisfied with the Website, the PathToCareer Content or with any of the terms, conditions, guidelines, practices or policies of PathToCareer in operating the Website and in providing the Services, you agree that your sole and exclusive remedy shall be to discontinue accessing the Website and Services.
9. Indemnification Unless otherwise prohibited by applicable law, you agree to defend, indemnify, and hold harmless PathToCareer, its affiliates and their respective directors, officers, contracts and employees (collectively, “PathToCareer Parties”) from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses suffered by such persons, including without limitation, reasonable legal and accounting fees, alleging or resulting, directly or indirectly, from your breach of (i) these Terms or any documents incorporated by reference herein; (ii) any law or rights of a third party.
10. Collection, Use and Disclosure of Personal Information The collection, use and disclosure of personal information or data provided to PathToCareer through this Website is governed by our Privacy Policy. Please refer to PathToCareer’s Privacy Policy.
11. Trade-marks All product, brand and PathToCareer names and logos and trade-marks displayed on the Website or used in connection with the Services are the trade-marks of PathToCareer (or its suppliers, partner businesses or third party licensors). Any use of any of the marks appearing on the Website or in connection with the Services without the express written consent of PathToCareer or the owner of the mark, as appropriate, is strictly prohibited.
12. Links Any links on the Website to third party websites are provided for your convenience and for partnering sites to identify that you are using our Services. If you choose to access third party websites or obtain products or services from third parties, you do so entirely at your own risk and such access is between you and such third party. PathToCareer does not warrant or make any representations regarding the legality, accuracy or authenticity of content presented by such websites or any products or services offered by third parties and shall have no liability for any loss or damages arising from the access or use of such websites, products or services. You are strongly advised to check the terms of use and the privacy policies of these external websites or resources before making use of them. You acknowledge that PathToCareer may remove any link to an external website or to resources at any time for any reason whatsoever.
13. Jurisdiction You acknowledge and agree that your use of the Website and all of the communications, transmissions and transactions associated with the Services and the provision of the Services shall be deemed to have occurred in the Province of Ontario, Canada. You agree that these Terms shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein and that the law of the Province of Ontario is the proper law. You irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario in respect of all matters and disputes arising hereunder.
You expressly agree that, in the event that there is a dispute under these Terms and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial and you hereby waive any right to trial by jury.
14. Waiver No delay or omission by PathToCareer to exercise any right or power we have under these Terms or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by PathToCareer must be in writing and signed by an authorized representative of PathToCareer.
15. Survival of Agreement All covenants, agreements, representations and warranties made in these Terms shall survive your acceptance of these Terms and the termination of our relationship with you.
16. Entire Agreement These Terms, the Privacy Policy and any documents incorporated by reference herein, constitute the entire agreement between you and PathToCareer as it relates to the access to, and use of, the Services, and the subject matter of these Terms and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between PathToCareer and you. You and PathToCareer agree that these Terms and all documents relating thereto be drawn-up in English. While a French translation of these Terms may be provided for convenience, in the event of a dispute as to the terms of these Terms, the English version shall prevail.
17. Severability If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of these Terms, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of these Terms shall be valid and enforceable to the extent permitted by law.
18. Termination PathToCareer may terminate these Terms and your use and access of the Services if you fail to comply with any provision of these Terms. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination, interpretative provisions, and your warranties and indemnities shall survive any termination of these Terms.
19. Assignment These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with PathToCareer’s prior written consent. PathToCareer may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
20. Electronic Documents This electronic document, and all other electronic documents referred to or incorporated herein, will be: (i) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (ii) legally enforceable as a signed agreement.
21. Contact Us Please send us feedback by emailing us at contact@pathtocareer.com. By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address or by mobile notifications. It is your responsibility to update or change that address, as appropriate.
