Terms of Service

2. Definitions

Throughout these Terms, we may use certain capitalized terms that have specific meanings:

• Account: Your account on the Path to Market platform, including all Services associated with that account.
• Content: Any information, data, text, documents, software, images, audio, video, or other materials that are displayed, uploaded, or otherwise made available through the Services.
• User: Any individual who accesses or uses the Services, including you.
• Subscription: The paid plan that you select when you sign up for the Services, which determines the features and functionality available to you.
• Effective Date: The date you first access or use the Services, or the date you accept these Terms, whichever is earlier.

3. Account Terms

3.1 Account Registration

To access most features of the Services, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, password, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.

3.2 Account Security

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your account. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. Path to Market will not be liable for any loss or damage arising from your failure to comply with this instruction.

3.3 Account Restrictions

You may not share your account credentials with others. You may not use another User's account without permission. You are responsible for all activity that occurs under your account, including any activity by unauthorized users.

4. Payment Terms

4.1 Subscription Fees

Some of our Services are provided on a subscription basis. You agree to pay Path to Market the fees associated with your Subscription. Fees are non-refundable except as required by law or as otherwise specifically permitted in these Terms.

4.2 Billing Cycle

The Subscription fee will be billed on a recurring and periodic basis ("Billing Cycle"). The Billing Cycle is set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Path to Market cancels it.

4.3 Taxes

Unless otherwise stated, fees do not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes, assessable by any local, state, provincial, federal, or foreign jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes associated with your purchases.

5. Service Usage

5.1 Acceptable Use

You agree not to misuse the Services or help anyone else to do so. For example, you must not:

• Use the Services for any illegal purpose or in violation of any laws
• Violate or infringe other people's intellectual property, privacy, or other rights
• Upload or transmit viruses, malware, or other types of malicious software
• Attempt to disable, impair, or destroy the Services
• Engage in abusive or disruptive behavior, including excessive use of bandwidth
• Use automated methods to access or use the Services without our permission

5.2 Content Responsibility

You are solely responsible for the Content that you upload, publish, display, link to, or otherwise make available via the Services. You agree that Path to Market is only acting as a passive conduit for the online distribution and publication of your Content.

5.3 Service Modifications

Path to Market reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice to you. We will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services.

6. Intellectual Property Rights

6.1 Path to Market's Intellectual Property

The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and all intellectual property rights related thereto, are the exclusive property of Path to Market and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights.

6.2 License to Use Services

Subject to your compliance with these Terms, Path to Market grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services. This license does not include any resale or commercial use of the Services or any derivative use of the Services.

6.3 Your Content

You retain all rights in, and are solely responsible for, the Content you upload, submit, post, transmit, or display on or through the Services. By uploading, submitting, posting, transmitting, or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content in connection with providing the Services.

7. Privacy & Data

7.1 Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

7.2 Data Processing

To the extent that Path to Market processes any personal data on your behalf when providing the Services, the terms of our Data Processing Agreement shall apply to such processing, and are hereby incorporated into these Terms.

7.3 Data Security

Path to Market will implement and maintain appropriate technical and organizational security measures to protect your data. However, you acknowledge that no system can be completely secure and that we cannot guarantee the absolute security of your data.

8. Termination

8.1 Term

These Terms will remain in full force and effect while you use the Services or maintain an account with us.

8.2 Termination by You

You may terminate these Terms at any time by canceling your account and discontinuing use of all Services. You can cancel your account by following the instructions on our website or by contacting our support team.

8.3 Termination by Path to Market

Path to Market may terminate or suspend your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these Terms, you may simply discontinue using the Services.

8.4 Effects of Termination

Upon termination of your account, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Disclaimers

THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PATH TO MARKET DOES NOT WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PATH TO MARKET MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

10. Limitations of Liability

IN NO EVENT WILL PATH TO MARKET, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF PATH TO MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES.

THE AGGREGATE LIABILITY OF PATH TO MARKET AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO AN AMOUNT GREATER OF ONE DOLLAR OR THE AMOUNTS PAID BY YOU TO PATH TO MARKET FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.

THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

11. Indemnification

You agree to indemnify and hold harmless Path to Market, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Services, including but not limited to your violation of these Terms.

12. Modifications to Terms

Path to Market reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.