Last updated: July 5, 2022
PLEASE NOTE: Third Floor Technologies, Inc. is not a lawyer, law firm, financial advisor, accountant, or substitute for any of the foregoing. We do not engage in the practice of law or offer individual financial advisory or accounting services. Third Floor Technologies, Inc. cannot and does not provide any kind of advice, explanation, opinion, or recommendation about possible legal or financial rights, remedies, defenses, options, selection of forms, or strategies. The information provided on the Path Properties is generalized and you are responsible for properly using the Path Properties. We encourage you to talk to qualified legal and financial advisors as needed for specific questions about your business.
Eligibility for Use of the Path Properties
The Path Properties are offered and available to users who are 18 years of age or older and who reside in the United States. By using the Path Properties, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Path Properties. The Path Properties are intended for use only in the United States.
Accessing the Path Properties and Account Security
We reserve the right to withdraw or amend the Path Properties, and any service or material we provide on the Path Properties, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Path Properties is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Path Properties, or the entire Path Properties, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Path Properties; and
If you choose, or are provided with, a user name, password, or any other piece of 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 also acknowledge that your account is personal to you and agree not to provide any other person with access to the Path Properties or portions of it using your user name, password, or other security information. 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. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Path Properties and the contents, features, and functionality of the Path Properties (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, 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 laws.
The “Path” name, logo, any other Company names and logos, and all names, logos, product and service names, designs, and slogans related to the foregoing are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Path Properties are the trademarks of their respective owners.
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US 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 transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Path Properties, or which, as determined by us, may harm the Company or users of the Path Properties, or expose them to liability.
Additionally, you agree not to:
Use the Path Properties in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Path Properties, including their ability to engage in real time activities through the Path Properties.
Use any robot, spider, or other automatic device, process, or means to access the Path Properties for any purpose, including monitoring or copying any of the material on the Path Properties.
Use any device, software, or routine that interferes with the proper working of the Path Properties.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Path Properties, the servers on which the Path Properties are stored, or any server, computer, or database connected to the Path Properties.
Attack the Path Properties via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Path Properties.
From time to time, as you use the Path Properties, you may submit or upload certain content, including but not limited to, profile information, biographical information, financial information, documents, records, completed forms, and messages (collectively, “User Content”). You understand and acknowledge that you, not the Company, have full responsibility for your User Content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third-party for the content or accuracy of any User Content submitted by you or any other user of the Path Properties. You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by the Company. The Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content.
You hereby grant to the Company, our affiliates and service providers, and each of their respective licensees, successors, and assigns an irrevocable, non-exclusive, license to reproduce, modify, perform, display, distribute, and otherwise, and otherwise use your User Content for the purposes of including your User Content on the Path Properties.
You represent and warrant that:
You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
User Content must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Content for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Path Properties.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Path Properties. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
Intellectual Property Infringement
If you believe that your content has been used by the Company in a way that constitutes intellectual property infringement, you may contact us at firstname.lastname@example.org.
In the event you send us a notice of copyright infringement, you must provide the following information: an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number, and email address; a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Reliance on Information Posted
The information presented on or through the Path Properties 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 Path Properties, or by anyone who may be informed of any of its contents.
We update the content on the Path Properties from time to time, but the content on the Path Properties may not necessarily complete or up-to-date in all cases. Any of the material on the Path Properties 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 Path Properties
Linking to the Path Properties 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.
The Path Properties may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on the Path Properties.
Send emails or other communications with certain content, or links to certain content, on the Path Properties.
Cause limited portions of content on the Path Properties 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. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Path Properties or portions of them to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Path Properties other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. 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 Path Properties
If the Path Properties contain 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 the Path Properties, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Path Properties is based in the State of New York in the United States. We provide the Path Properties for use only by persons located in the United States. We make no claims that the Path Properties or any of the content on the Path Properties is accessible or appropriate outside of the United States. Access to the Path Properties may not be legal by certain persons or in certain countries. If you access the Path Properties 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 Path Properties 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.
TO THE FULLEST EXTENT PROVIDED BY LAW, 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 PATH PROPERTIES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PATH PROPERTIES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE PATH PROPERTIES, THE CONTENT ON THE PATH PROPERTIES, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PATH PROPERTIES IS AT YOUR OWN RISK. THE PATH PROPERTIES, THE CONTENT ON THE PATH PROPERTIES, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PATH PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PATH PROPERTIES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PATH PROPERTIES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PATH PROPERTIES 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 PATH PROPERTIES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PATH PROPERTIES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY 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 PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, 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 PATH PROPERTIES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PATH PROPERTIES, 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 limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
The Path Properties are operated by Third Floor Technologies, Inc.
To contact us with feedback, questions, comments, or suggestions about the Path Properties or for technical support, please email us at email@example.com.