Welcome to Pathport
We may collect the following information:
How Information is Collected
We may collect information in one or more of the following ways:
Certain portions of the Website may require that you register for an Account before being able to access them. On those portions of the Website that require registration, we may collect information to create your account, as well as to determine specific content, products and services that may be of particular interest to you. By collecting and maintaining accurate information, we learn more about your interests and needs and are better able to provide you with such content and with offers for such products and services.
Use of Information / Data Collected
A. We may use the information we collect to identify the parties with whom we are dealing and to provide customized information and offers of products and services. While we do not currently use third party services that display customized content and advertising provided by us, we may do so in the future. We may also use the information for statistical and/or marketing purposes, to improve our technologies, to provide information about our company and to deliver advertising and promotional information from our partners and third party vendors. We may track your use of the Website over time for the purpose of, among other things, enhancing your experience on the Website and providing marketing messages, promotions, offers of products and services and other content which we think may be of specific interest to you.
B. We reserve the right to share, rent, sell or otherwise disclose the information we collect from you to third parties.
C. Information collected in aggregate form includes the number of visitors to the Site, the pages they visit, and how long they stay. We collect these kinds of aggregate user information to help us continually improve our services and to sell sponsorships on the Site to appropriate advertisers. Pathport discloses this aggregate user information to advertisers. Note that advertisers do not have any influence over the editorial content or reviews that appear on the Website. In addition, Pathport collects information from visitors who click on advertisements so that we are able to measure interest in the various areas of our Website and inform advertisers as to how many visitors have seen or clicked on their ads. Pathport also uses demographic and preference information only in aggregate form to allow advertising banners on our Website to be targeted to the readers for whom they are most pertinent.
D. Pathport cooperates with all law-enforcement inquiries, official investigations and legal proceedings initiated by governmental and/or law enforcement officials, as well as private parties, and reserves the right to disclose personally identifying and/or aggregate information in connection with a subpoena or other court-sanctioned demand for such information.
F. We reserve the right to access, use and share with others your personally identifiable information for purposes of health, safety and other matters in the public interest. In addition, we reserve the right to use the information we collect about your computer, mobile or other device (including its geographical location), which may at times be able to identify you, for any lawful business purpose, including, without limitation, to help diagnosis problems with our servers, to gather broad demographic information, analyze trends, track users’ movements around our Site and to otherwise administer our Site. Geographic location information about you and/or your computer, mobile or other device may specifically be used to show you content and sponsored messaging based on geographic location. We reserve the right to use, transfer, sell and share aggregated unanimous data about our users as a group for any lawful business purpose, such as analyzing usage trends and seeking compatible advertisers, sponsors, clients and customers.
We may provide you with direct access to functionality from other third parties, including Facebook, Twitter, Instagram, YouTube, Pinterest, Spotify, advertising networks and others. The placement of social media widgets, or advertising units on the Website may permit these third parties to see information about you and your activities via cookies, web beacons and other technologies they place and/or access on your browser or device, even if you do not interact with them.
I. We may add your information to our databases to contact you through future e-mails, postal mailings and SMS text-messaging regarding site updates, upcoming events, new products and services and/or the status of orders placed online. We do not currently use geolocation for purposes of tracking your location when you use the Website, but we reserve the right to do so in the future in order to better target product and service offerings and other information to you.
Use of Web Technologies
As is true of most websites, we gather information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the Website, to track the movements of users around the Website and to gather demographic information about our user base as a whole.
Do Not Track
When you use the Website, we may receive “do not track” requests from you, whether via signals from web browsers or other mechanisms. At this time, we do not respond to such “do not track” requests, although we may choose to do so in the future.
We take reasonable precautions to protect the confidentiality and security of your personally identifiable information by using industry recognized security safeguards such as site monitoring, secured networks and servers, firewalls and encryption. When we ask for sensitive information, we protect it through the use of encryption during transmission, such as SSL (Secure Socket Layer). Unfortunately, no method of transmission over the Internet is completely secure. Therefore, while we strive to protect your personally identifiable information within industry standards, we cannot guarantee its absolute security.
We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your personally identifiable information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you. You are responsible for protecting against unauthorized access to your password and to your computer/mobile device. We ask you not to share your password with anyone.
Our employees are trained and required to safeguard your information. Our internal controls limit access to personally identifiable information based on job functionality.
No Information Collected from Children
The content and services provided by us or our affiliates, sponsors and advertisers are not intended for children under the age of 13. If you are under the age of 18 or otherwise not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian’s permission to use the Website. No information is knowingly collected or retained from children under the age of 13, nor is any such information knowingly used for any marketing or promotional purposes whatsoever, either inside or outside the Website. No part of the Website is designed to attract anyone under the age of 13. Children are not eligible to use any services provided by us and we ask that children under the age of 13 not submit any personal information to us or visit the Website.
Based upon the personally identifiable information that you provide to us, we may send you a welcome e-mail. We will also communicate with you in response to your inquiries, to provide any services you request, to provide newsletters or other updates that you request and to manage your Account. In addition, when you register an Account with us, you may choose to consent to our contacting you by e-mail and to receiving our e-mail subscriptions, editorial e-mails and advertorial e-mails (see below) from us. If, at any time, you no longer want us to contact you by e-mail and/or receive our e-mail subscriptions, editorial e-mails and advertorial e-mails, you may opt out of these functions by changing the preferences in your Account. You can contact customer service by e-mail, telephone or postal mail at the contact information listed below to assist you with any such changes to your Account.
Third Party Ad Server Networks
To opt out of third-party tracking on our Website use the following tools
You may opt out of the Ad Tech Network by clicking http://www.youronlinechoices.com/opt-out-interface.
If you would like to opt out of having interest-based information collected during your visits to our Website or other sites, both the National Advertising Initiative (the “NAI”) and the Digital Advertising Alliance (the “DAA”) offer opt out tools to assist you in managing your choices. Click http://www.networkadvertising.org/choices/ to visit the NAI opt out page and click http://www.aboutads.info/choices/ for the DAA opt out page.
You may wish to visit http://www.networkadvertising.org/understanding-online-advertising/ to learn more about interest-based advertising and your choices regarding having this information used by third parties and your “opt out” choices. Opting out through the DAA or the NAI only means that those DAA or NAI members will no longer be able to deliver targeted content and/or ads to you, which will affect our Website as well as other unaffiliated websites, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit these opt out pages, or you subsequently erase your cookies, use a different computer or change web browsers, your opt out choices may not, or may no longer, be effective.
If you want to be removed from our marketing list and do not want us to send you e-mail, postal mail or other messages about our products and services, you can opt out. To do so, please send an e-mail to email@example.com , with the word “REMOVE” in the subject line.
California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of such residents’ personal information to third parties for such third parties’ direct marketing purposes. To make such a request, please e-mail us at firstname.lastname@example.org
Manage Accurate Information
Pathport is based in the United States, with our servers and offices headquartered in the United States. Please be aware that information you provide to us or that we obtain as a result of your use of the Website, an Account, or any services provided by us may be processed and transferred to, and be subject to the laws of, the United States. The privacy and data protection laws in the United States may not be equivalent to similar laws in your country of residence. By using the Website or an Account, or by providing us with your information, you consent to the collection, transfer, storage and processing of information to and within the Untied States. If our cookies or other software detects IP addresses located in a country outside the United States, we reserve the right to deny access to any and all of our services.
81 Prospect St, Brooklyn, NY 11201
Attn: Customer Service
By e-mail: email@example.com
Effective as of December 15th, 2016
Welcome to Pathport
License to Use the Website
Children’s Online Privacy Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, Pathport hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
Registration / Accounts
By using Pathport, you represent and warrant that:
a. all registration information you submit is truthful and accurate;
b. you will maintain the accuracy of such information;
c. you will keep your password confidential and will be responsible for all use of your password and account;
d. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Website; and
e. your use of the Website does not violate any applicable law or regulation.
Pathport bills you through an online billing account for purchases of products and/or services. You agree to pay Pathport all charges at the price then in effect for the products you or other persons using your billing account may purchase, and you authorize Pathport to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Pathport reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Pathport. Pathport may change prices at any time. All payments shall be in U.S. dollars.
TERMINATION BY REGISTERED USER
Intellectual Property Rights
The content on the Website (“Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Pathport, and are subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. Pathport Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Pathport graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Pathport in the United States and/or other countries. Pathport’s trademarks or trade dress may not be used, including as part of trademarks and/or as part of domain names in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used in whole or in part, without the prior written permission of Pathport.
The Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copies, reproduced, aggregated distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Pathport tries to ensure that the Content is accurate and complete. Your use of the Website is at your risk. Pathport does not warrant that the functional aspects of the Website or the Content will be error free or that the Website, the Content or the server that makes it available are free of viruses or other harmful components. Pathport and its suppliers make no warranties about the Content or about results to be obtained from using the Website. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Website. Pathport reserves the right to withdraw, temporarily or permanently, any Content from the Website at any time and for any reason and such removal may be immediate and without notice. As an express condition to your use of and access to the Website, you acknowledge, agree and confirm that Pathport is not liable to you or any third party for any such withdrawal.
Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Content and download or print a copy of any portion of the Content to which you have properly gained access solely for your personal non commercial use. Pathport reserves all rights not expressly granted to you to the Website and Content and Marks.
You may not under any circumstances:
THIRD PARTY WEBSITES AND CONTENT
While we do not currently use third party services that display customized content and advertising, we may do so in the future. However, the Website may contain (or you may be sent through the Website or Pathport) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and date gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies and Pathport takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
To the extent that we post third party Content, it reflects the personal opinions and views of the third-party authors and does not necessarily reflect the opinions and views of Pathport and we accept no responsibility for any such third party opinions and views.
Pathport reserves the right but does not have the obligation to:
a. monitor the Website for violations of this Agreement;
b. take appropriate legal action against anyone who, in Pathport’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
c. in Pathport’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Pathport policy;
d. in Pathport’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable files and content that are excessive in size or are in anyway burdensome to Pathport’s systems;
e. otherwise manage the Website in a manner designed to protect the rights and property of Pathport and others and to facilitate the proper functioning of the Website.
CONSENT TO ELECTRONIC COMMUNICATION
You consent to receive communications from us, whether required by law or otherwise, either by e-mail if you have provided us with your e-mail address, or by notice posted on the Website as determined by Pathport in its sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.
Term and Termination
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instruction for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, PATHPORT RESERVES THE RIGHT TO, IN PATHPORT’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE PATHPORT SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NOT REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND PATHPORT MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING IN PATHPORT’S SOLE DISCRETION.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
If Pathport terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Pathport reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive relief.
Modification or Suspension of the Website
Pathport reserves the right to change, suspend or discontinue any aspect of the Website at any time and from time to time, in our sole discretion and without notice or liability, including by adding or eliminating certain features or discontinuing the Website entirely. Any description of features on the Website shall not be considered to be a representation by Pathport that such features will always be included on the Website. From time to time, we may restrict access to some or all of the Website, including for Registered Users.
In order to protect the integrity of the Website and Pathport Services, Pathport reserves the right at any time in its sole discretion to block IP addresses from accessing the Website and Pathport Services.
Notice and Procedure for Claims of Copyright or Intellectual Property Infringement
If you believe that any content appearing on the Website, including content created and/or displayed by Pathport or other material provided through a link, infringes your copyright, you should notify us in accordance with the procedure set forth below. We will process each notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be e-mailed to our copyright agent at firstname.lastname@example.org with “DMCA Takedown Request” in the subject line. You may also contact us by mail at:
81 Prospect St, Brooklyn, NY 11201
To be effective, the notification must be in writing and contain the following information:
By operating the Website, Pathport does not represent or imply that it endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites or provided by third party applications, or that Pathport believes contributions, blogs, or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. Pathport is not responsible for conduct, whether online or offline, of any user or the Website or service.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND PATHPORT SERVICES WILL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PATHPORT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE PATHPORT SERVICES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PATHPORT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR PATHPORT SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. PATHPORT DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PATHPORT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Indemnity and Release
Limitations on Liability
IN NO EVENT SHALL PATHPORT OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR PATHPORT SERVICES, EVEN IF PATHPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PATHPORT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PATHPORT FOR PATHPORT SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Law and Jurisdiction
This Agreement and all aspects of the Website and Pathport shall be governed by and construed in accordance with the internal laws of the State of Florida without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration as set forth below, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Miami Dade County, State of Florida, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sales of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website or Pathport Services be instituted more than (2) years after the cause of action arose.
To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Pathport agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 60 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
If you and Pathport are unable to resolve a Dispute through informal negotiations, either you or Pathport may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by AAA Consumer Rules and where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAAA rules or applicable law, the arbitration will take place in Miami Dade County, Florida. Except as otherwise provided in this Agreement, you and Pathport may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
You and Pathport agree that any arbitration shall be limited to the Dispute between Pathport and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
You and Pathport agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect or concerning the validity of Pathport’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you or Pathport will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided in court of competent jurisdiction within the courts listed for jurisdiction above, and you and Pathport agree to submit to the personal jurisdiction of that court.
Waiver and Severability
Except as explicitly stated otherwise, any notices given to Pathport shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
Your use of the Pathport Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE PATHPORT SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software which are your sole responsibility.