PATH Website Terms of Use

This Terms of Use Agreement (“Agreement”) governs your use of the Planned Action Toward Health (“PATH”) Website (the “Website” or the “PATH Website”) and its collaborating partners. It exempts PATH and other persons from liability or limits their liability, and contains other important provisions of which you should be aware.

Each time you use the Website you signify your acceptance and agreement, without limitation or qualification, to be bound by this Agreement as it reads, and you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website.

CONTENT RESTRICTIONS

The use or misuse of any Content, except as provided in this Agreement or in the Content, is strictly prohibited.

The Website (including all content and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through Website or the Software) is the property of PATH and is protected by copyright under both United States and foreign laws. Under the terms of this Agreement, PATH grants you a non-exclusive license to use the Website. PATH may revoke your license at anytime in its sole discretion. Any use of the Website and its content not explicitly permitted by this Agreement is a breach of this Agreement and may violate the law, and if you violate the terms of this Agreement, your permission to use the Website automatically terminates and you must immediately destroy any copies you have made of any portion of the Website content. All rights not expressly granted herein are reserved to PATH and its licensors. Your use of the Website does not transfer to you any ownership or other rights.

You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, framed, scraped, mirrored, data mined, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of PATH. You may not sell or resell any part of the Website or gain access to the Website without the express prior written consent of PATH.

Trade-mark Information — Planned Action Toward Health, is a trade-mark and trade name owned or licensed by PATH.

Other names and logos appearing on or in connection with the Website may be registered or unregistered trade-marks, service marks, trade namAny use of the trade-marks, service marks, trade names or logos displayed on or in connection with the Website is strictly prohibited, and nothing appearing on or in connection with the Website will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of those marks.

Tomypath.com's content is for informational purposes only. It is not intended as a substitute for the advice provided by your health care providers and may not take your individual health situation into account. You should not use the information on www.tomypath.com as a means of diagnosing a health problem or disease, or as a means of determining treatment. PATH does not provide medical services or medical advice. In the event of a medical emergency, call 911 and/or immediately contact a doctor.

PATH does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by PATH, PATH employees, others appearing on the Website at the invitation of PATH, or other visitors to the Website is solely at your own risk.

The Website may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Website.

Children — This Website is not intended or designed to attract children under the age of 18. PATH does not knowingly collect personal information from any person under the age of 18.

No framing; links; third party sites —Framing, in-line linking or other methods of association with the Website are expressly prohibited without our prior written approval.

Spam — The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.

LIABILITY EXEMPTIONS

Disclaimers — Without limiting the foregoing, the Website, materials, content and everything available on the Website is provided to you “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to, fitness for a particular purpose, title or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then we grant you the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from us, or any of our employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, we do not make any warranties that the Website will be uninterrupted, secure or error free or will be corrected if found to be defective, or that our Website or the servers that make our Website and its contents available will work with any particular hardware or software systems or configurations or are free of viruses or other harmful components or that your use of the Website will meet your expectations, or be correct, accurate, or reliable. We reserve the right to change any part of the Website at anytime without notice.

PATH is not responsible for any health or medical conditions arising from or attributable to your use of the Website. You are strongly advised to consult a physician before commencing any exercise or fitness program.

Liability Exclusions —Without limiting the generality of the foregoing and notwithstanding any other provision of this agreement, under no circumstances will PATH ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Website, this Agreement, the subject matter of this Agreement, the termination of this Agreement or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by PATH or any person for whom PATH is responsible, and even if PATH has been advised of the possibility of such loss or damage being incurred, ever exceed the amounts as stated in Vermont Torts Claims Act 12VSA 5606.

Acknowledgement — You acknowledge and agree that this Agreement represents a fair allocation of risk and liability. Advice and information provided by PATH, whether oral or written, will not create any representation, warranty, condition or guarantee or vary or amend this Agreement (including this Section), and you may not rely upon any such advice or information.

Indemnity — You agree to defend, indemnify, and hold PATH, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

Any rights not expressly granted by this Agreement are reserved to PATH.

Submitted ideas — We appreciate interest in the PATH Website. For ethical and legal reasons, we do not want and cannot accept ideas or information you consider to be confidential and/or proprietary. Except with respect to your Personal Information (as expressly provided for in the Privacy Policy,) all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through this Website or in response to solicitations in this Website shall be deemed non-confidential and non-proprietary and shall be our exclusive property. Further, you understand and acknowledge that we employ internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to the suggestion or comments to suggestions and that we are only willing to consider the suggestion in this Agreement. In any event, you acknowledge and agree that we assume no obligation of confidentiality or nondisclosure, express or implied by considering your suggestion or idea. Without limitation, we shall exclusively own, and you hereby irrevocably transfer and assign to us, all now known or hereafter existing rights in and to the suggestion, and we shall be entitled to unrestricted use of the suggestion for any purpose whatsoever, commercial or otherwise, without compensation to you in any form whatsoever.

PATH USER RESPONSIBILITIES

Obtaining and maintaining the equipment necessary to access and to use PATH’s services (computer hardware, telephone line, etc.) is your responsibility.

If you use this site, you are responsible for maintaining the confidentiality of your account and password at all times, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not disclose or share your password to or with third parties or use your password for any unauthorized purpose. You may not attempt to log in with a Username other than your own. As part of this Agreement, you also are expected to contact PATH immediately in the event that unauthorized use of your account occurs or if you suspect foul play. You grant PATH and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website.

You may access our Website for normal use. You may not use any device, software, routine, or agent to interfere or attempt to interfere with the proper working of our Website. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure.

PATH does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use www.tomypath.com only with involvement of a parent or guardian. PATH reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

PATH Community and member to member areas ("Public Areas") — If you use a Public Area, such as message boards, blogs, Ask An Expert, User Reviews or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. PATH and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

Posting, Transmitting, and Uploading of Material; Inappropriate Use — PATH reserves the right to review any posting, transmitting, or uploading (“Posting”) of any sort of text, photograph, video, audio or any other sort of content (“Material”) prior to its submission to the Website, and to deny or remove it without prior notice in PATH’s sole discretion.

PATH account holders are prohibited from Posting any Material that is unlawful, illegal, threatening, libelous, defamatory, hateful, obscene, inflammatory, pornographic, criminal, profane, or any Material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate the law. This includes, but is not limited to, any Material to which you do not have the rights or violates trademark, copyright, privacy, or the rights of another person(s).

By Posting any Material, you grant to PATH a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit, and distribute the Material. You further agree that any Material you Post is free of viruses, worms, Trojan horses, spyware, or other codes that manifest contaminating or destructive properties.

PATH is not responsible for any material Posted, and you should exercise caution when Posting any personal information. Any Material you share in a Posting is by design open to the public and is not a private, secure service.

CODE OF CONDUCT

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of this Agreement:

Using the PATH Website in such a way as to offend or interfere with the use by anyone else of the Website;
You may not use a false e-mail address, nor may you impersonate any person or entity.
Using a Public Area for any purpose in violation of local, state, national, or international laws;
Posting, uploading, submitting, publishing, transmitting, displaying, disseminating or otherwise communicating any materials while connected to or by otherwise using the PATH Website that:
1. infringes on the intellectual property rights of others, including copyrights, or on the privacy or publicity rights of others, or of any third party;
2. is unlawful, obscene, pornographic, offensive, defamatory, libelous, inaccurate, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by PATH in its sole discretion;
3. advocates illegal activity; or
4. is treated as confidential under any contract or policy.
Posting advertisements or solicitations of business;
Posting chain letters or pyramid schemes;
Posting the same note more than once or "spamming";
After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Distributing any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment;
Attempting to ascertain any other user’s password and/or Personal Information by any means whatsoever, including without limitation, by use of our Website or any other website, or by e-mail communication;
Attempting to harvest or otherwise collect information about our users without their consent;
Attempt to circumvent the security systems of our Website;
Attempt to use our Website for any purposes other than those intended by us; or
Allowing any other person or entity to use your identification for posting or viewing comments.

PATH reserves the right (but is not obligated) to do any or all of the following:

Record the dialogue in public chat rooms;
Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with this Agreement;
Terminate a user's access to any or all Public Areas and/or the PATH Website upon any breach of this Agreement;
Monitor, edit, or disclose any communication in the Public Areas; or
Edit or delete any communication(s) posted on the PATH Website, regardless of whether such communication(s) violate these standards.

PATH or its licensors have no liability or responsibility to users of the PATH Website or any other person or entity for performance or nonperformance of the aforementioned activities.

GENERAL

Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Governing Law and Dispute Resolution — This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of the State of Vermont, USA and applicable laws of the State, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Any dispute between you and PATH or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively “Disputes”) will be resolved before the Superior Courts of the State of Vermont, and you hereby irrevocably submit and turn over to the original and exclusive jurisdiction of those courts in respect of all Disputes.

Contacting the PATH Website — If you have any questions about this Agreement, the practices of PATH or any of its services, or your dealings with this Website, you can “Contact Us” online using said link or via post:

PATH
52 Pike Dr
Berlin, VT 05602

If you want to contact us to express your dissatisfaction with respect to your health benefits, health plan or insurance, or quality of care, please call the customer service number on the back of your health plan/insurance card, or visit your health benefits website.