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Terms of Use

Last Modified December 12, 2024

1. BINDING CONTRACTUAL TERMS

Welcome to Pathfinder. This Terms of Use pertains to Your visits to the pfsbc.com website, Your visits to the recoverycollective.net, our mobile apps including Pathfinder Companion, our web-based applications, such as Pathfinder Bridge, and your access to any associated content including email feeds, feeds through apps, communications systems, or content provided by pathfinder (collectively the “Service”). By downloading or using the Service of Pathfinder Solutions PBC, a Delaware public benefit corporation (“Pathfinder”, “We”, “Us”, “Our”), including all Content (as defined below) the person using the Service (“You” or “User”), which includes, but is not limited to, individuals downloading or using the Service as well as treatment programs and treatment program staff signifies (a) that You have read and understood these terms and conditions (“Terms of Use”); and (b) that these Terms of Use have the same force and effect as a signed agreement.

‍ATTENTION:  PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICE. ACCESSING, DOWNLOADING OR USING ANY PART OF THE SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ACCEPT THE PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND PRIVACY POLICY, DO NOT USE OR OTHERWISE ACCESS THE SERVICE AND DELETE ANY DOWNLOADED APPLICATIONS AND MATERIALS IMMEDIATELY.

WAIVER OF CLASS ACTION LAWSUIT:  THESE TERMS OF USE REQUIRE THAT WE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT.

‍In addition to class action waivers, these Terms of Use include a disclaimer of warranties, a disclaimer of liability, a release for third party materials distributed through the Service and indemnification by You, in Sections 3, 4, 8, 18, 19, 20, 22, 23, 26, and in the Apple and Google required terms at the end. Please review those sections (and all of the other terms) carefully. We reserve the right to modify or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to You, and are not obligated to support or update the Service. You agree that Pathfinder shall not be liable to You or any third party in the event that We exercise our right to modify or discontinue the Service (or any portion of the Service). You acknowledge that Pathfinder may, from time to time, issue new versions of the Service, and that as part of the issuance of new versions, We may automatically electronically update the version that You are using on Your mobile device. By using the Service, You hereby consent to such automatic updating on Your mobile device, and You agree that the Terms will apply to all such updates. You agree that Pathfinder will not be liable to You for any such modifications.We may change these Terms of Use at any time. Please review these Terms of Use each time You visit the Service. YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THESE TERMS OF USE. If we materially change these Terms of Use, we will let You know by placing a notice within the Service or through other reasonable methods.

2. PRIVACY

Our Privacy Policy describes the information Pathfinder collects when You and others use the Service. It also describes how Pathfinder may use or disclose any information about You collected while using the Service, including any personal information about You that You share with Pathfinder. And, it provides information about our collection, use, and sharing of consumer health data. By agreeing to these Terms of Use, You are also consenting to our collection, use, or disclosure of personal information (including consumer health data) about You in accordance with our Privacy Policy. If there is a conflict between these Terms of Use and the Privacy Policy, the Privacy Policy shall have precedence with respect to the subject matter covered by it, and otherwise these Terms of Use shall have precedence. Please click here https://www.pfsbc.com/legal-docs/privacy-policy to review our Privacy Policy. Please note that our Service may incorporate third-party technologies for tracking, including website analytics and chat-based customer support. Some of the data you provide to us as you use our Service may be shared with the providers of these technologies. These technologies may involve the recording of conversations, making records of videos you watch while using our Service, and making records or recordings of other interactions you have with our Service. The data we share with these providers may include these records and recordings. By using our Service, you consent to this data sharing. Please also be aware that we may share certain data from our Service with our academic research partners. However, we do not share any personal information with our academic research partners. All data shared with our academic research partners is aggregated or anonymized. By using our Service, you consent to participating in the research conducted by our academic research partners.

3. CONTACTING YOU

By using the Service, You expressly consent and agree that Pathfinder and its affiliates (collectively, “Represented Entities”) may place calls and send text messages to any cellular (or non-cellular) telephone number provided to Pathfinder or the Represented Entities by You, or anyone purporting to act on Your behalf, for any purpose related in any way to Your use of the Service, in response to any requests for information, goods, or services You submit through the Service, to notify You of changes in these Terms of Use, or other agreements between You and any Represented Entities and/or for user-experience improvement surveys. This provision is a material term of the agreement between You and Pathfinder and cannot be unilaterally modified, revoked, or withdrawn by You. You promise that You are the owner and/or primary user of all cellular telephone numbers You provide to us. If Your cellular (or non-cellular) phone number changes, You will immediately notify us. OTHERWISE YOU WILL BE LIABLE FOR ANY AND ALL LOSS, DAMAGE, AND EXPENSES INCURRED BY PATHFINDER AS A RESULT.Pathfinder and the Represented Entities are not responsible for any fees assessed by Your cellular (or non-cellular) telephone provider for receipt of text messages or calls.You also agree that Pathfinder and the Represented Entities may record or monitor any or all conversations that You have with Pathfinder and the Represented Entities, without any further notification and for any reason.

4. NOT MEDICAL ADVICE

This information, including, but not limited to, text, graphics, images and other material contained in the Service and made available by Pathfinder to You is for informational purposes only. The purpose of the Service is to facilitate connections for people in recovery with (1) other people in recovery with whom such persons choose to be connected; (2) treatment programs with whom such persons choose to be connected; (3) potentially available community resources that are geared to people in recovery with whom such persons choose to be connected; and (4) a personal support network, if any, with whom such persons choose to be connected. THE SITE IS NOT INTENDED TO BE AND SHALL NOT BE CONSTRUED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT. We do not provide any mental health advice. By using this Service, You hereby agree to seek the advice of a licensed physician, mental health counselor or other qualified health care provider with regard to any questions in connection with a medical condition or treatment. You should not rely on this Service or use it as a substitute for or modification of any care or treatment for Substance Use Disorder, mental health issues, or physical health issues of any kind or nature. You should not use this Service to connect with other people in recovery, treatment programs, a personal support network, or resources that You do not trust. Ultimately, it is Your responsibility to ensure that You do not use the Service in any way that would worsen Your Substance Use Disorder, mental health issue or physical health issue of any kind or nature.

5. USE BY HEALTH CARE PROVIDERS AND TREATMENT PROGRAMS

The Service will be used by certain health care providers and treatment programs to communicate with You and help You track Your recovery path and progress. By Your use of the Service, You consent to permit such health care providers, treatment programs, and their staff (a) to view your User Submissions; (b) to monitor or otherwise assist in Your recovery, including, but not limited to tracking Your engagement with the Service, tracking Your self-reported state of mind through the Service, and tracking the extent of communication between You and others through the Service; (c) to communicate with You through the Service; and (d) to help You track Your recovery path and progress.

6. TERM

The Service will be provided from the date on which You accept these Terms of Use as described above and will continue until terminated.

7. AUTHORIZED USE OF THE SERVICE

Pathfinder hereby grants You permission to use the Service as set forth in these Terms of Use, provided that:  (a) You will not copy, download or distribute any part of the Service in any form or medium without Pathfinder’s prior written authorization, except as permitted in Section 13 below; (b) You will not alter, modify, or make derivative works from any part of the Service without Pathfinder’s prior written authorization, except as permitted in Section 13 below; and (c) You will otherwise comply with these Terms of Use.

8. USER SUBMISSIONS

Pathfinder may, in its sole discretion, permit submission of text, photos, graphics, material, information, comments, feedback, notes, messages, ideas, concepts or other communications submitted by You and other users (“User Submissions”), the hosting, sharing, and publishing of such User Submissions and the integration of user submissions from other users who are granted access to Your User Submissions. You understand that whether or not such User Submissions are published or posted, Pathfinder (a) does not guarantee any confidentiality with respect to any User Submissions, (b) does not pay any compensation for User Submissions, and (c) is under no obligation to respond to or post any User Submissions. You also agree that treatment programs and their staff will be regularly viewing and communicating with you about your User Submissions.

You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. Pathfinder does not claim ownership of any of Your User Submissions. However, by submitting the User Submissions to Pathfinder, You hereby grant Pathfinder and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Service and Pathfinder’s (and its successors’, assigns’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any form and media formats and through any media channels. You also hereby grant each user of the Service a worldwide, non-exclusive, royalty-free license to access Your User Submissions through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under these Terms of Use.

You also agree that immediately upon the creation by or on behalf of Pathfinder, its affiliates, successors, or assigns, of any derivative works from, modifications, edits, or other changes to the User Submissions (the “Modified Content”), the Modified Content will become the sole and exclusive property of Pathfinder and that We will own the entire right, title, and interest in and to the Modified Content, including the right to secure copyright registration for the Modified Content and to otherwise use the Modified Content for any purpose as determined by Pathfinder in its sole discretion. You hereby grant, assign, transfer, and convey any and all right, title, or interest You have or may be deemed to have in and to the Modified Content to Pathfinder.

In connection with User Submissions, You represent and warrant that You will not:  (a) transmit, submit, or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to transmit, submit, or post the material and to grant Pathfinder all of the license rights granted herein; (b) publish falsehoods or misrepresentations, any information that, out of context, is misleading or any other information that could damage Pathfinder or any third party; (c) transmit, submit, or post material that involves gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, or (d) transmit, submit, or post material that is otherwise offensive or inappropriate. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your transmitting, posting or submitting User Submissions. PATHFINDER DOES NOT ENDORSE ANY USER SUBMISSION OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND THE PATHFINDER PARTIES, APPLE, AND GOOGLE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS. Pathfinder does not permit copyright infringing activities, infringement of rights of publicity, or infringement of other intellectual property rights on its Service, and Pathfinder will remove User Submissions if properly notified that such User Submissions infringe on another’s rights. Pathfinder will not necessarily monitor User Submissions. However, Pathfinder reserves the right to monitor, alter, edit, or remove User Submissions and block users without prior notice and for any reason. Pathfinder also reserves sole discretion to decide whether any User Submission is appropriate and complies with these Terms of Use.

You understand that when using the Service, You will be exposed to User Submissions from a variety of sources, and that Pathfinder is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE PATHFINDER PARTIES, APPLE, AND GOOGLE WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD THE PATHFINDER PARTIES, APPLE, AND GOOGLE, HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICE.

9. USERS WHO VIOLATE TERMS OF USE

Pathfinder may, at its sole discretion, disable access or partially disable access to the Service for any users who violate these TOU, including, but not limited to, any accounts of (1) users who submit User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly, (2) users who provide false or inaccurate information; (3) users who breach these TOU including any warranties; and (5) users who misuse or challenge Pathfinder’s rights in the Content.

10. RESTRICTIONS ON USE OF THE SERVICE

We reserve all rights in the Service not granted in these Terms of Use. Without limiting the foregoing, by using the Service, You agree not to:

  • use the Service for any purpose other than for using the features we intentionally make available to You;
  • upload, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other form of solicitation;
  • post, transmit, or link from any material that Pathfinder, in its sole discretion, determines is confidential (including social security or alternate national identity numbers, sensitive personal information, non-public phone numbers, or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic, or profane material, 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;
  • translate, modify or create derivative works of the Service;
  • upload, download, recreate, display, perform, post, reproduce or copy the Service, except with the written consent of Pathfinder;
  • resell or attempt to license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to You under these Terms of Use, the Service or any Content, in whole or in part;
  • modify, copy, distribute, download, scrape or transmit in any form or by any means any Content from the Service other than Your content which You legally post on, through or in connection with the Service;
  • use any data on the Service to train artificial intelligence systems;
  • attempt to derive the source code, source files or structure of the software contained in the Service by reverse engineering, disassembly, decompilation or any other means;
  • use the Service to create a service bureau or for any other use involving processing of data for other persons or entities;
  • use the Service except in accordance with all applicable law;
  • introduce into the Service any “malware,” such as, but not limited to, viruses, worms, and Trojan Horses;
  • use deep-links, page or screen scrapes, web crawlers, web robots, spiders, wanderers, web scutters, ants, automatic indexers, bots, worms, or other such devices, or programs, algorithms or methodologies which do the same things in connection with the Service, or use other automated processes to access or use the Service;
  • provide false personal information or create an account for anyone other than Yourself;
  • create another account, if we have disabled or terminated Your account;
  • share Your password, let anyone else access Your account, or do anything else that might jeopardize the security of Your account;
  • assign or transfer Your account or login information to anyone;
  • attempt to access the accounts of any user of the Service other than Your own account;
  • allow any other person to use the Service;
  • impersonate any other person;
  • use the Service in any manner that could damage, disable, undermine, overburden or impair the Service or the servers on which it runs or interfere with any other party’s use of the Service;
  • upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;  
  • obtain or attempt to obtain any Content through any means not intentionally made available or provided for through the Service; or
  • use any of the logos, trademarks, service marks or other indicators of origin appearing on the Service.

Pathfinder will fully cooperate with any law enforcement authorities or court order requesting or directing Pathfinder to disclose the identity of anyone violating these Terms of Use.

Pathfinder believes in children’s online safety and does not wish to receive information regarding children under 13 years old. Therefore, You may not post or submit any personally-identifiable information of a child under 13 years old or information sufficient to locate such a child on or through the Service. If You are under 13 years of age, You are not permitted to submit any information to or use the Service.

11. PAYMENT AND FEES

There are no fees for individuals to create an account or use the Service.  For treatment and health care provider users, fees will be as described in Your Program Agreement or other agreement with Pathfinder.  

12. SECURITY MEASURES

Pathfinder will apply reasonable measures designed to protect the security of the information uploaded by You when using the Service and to allow such information to be accessible to other individuals with whom You have elected to share Your content through the Service. It is Your responsibility and obligation to protect the security of Your log-in details and passwords. Pathfinder strongly recommends that such access details not be shared with any person.Pathfinder will be entitled (but not required) to apply security measures to protect the Service and the Content, and will be entitled (but not required) to block users (or IP addresses) identified or suspected as being used to access the Service without authorization, for unlawful purposes or for purposes of disrupting or damaging the Service.You will notify Pathfinder of any activity on the Service suspected as being for unlawful purposes including any activity liable to disrupt, gain unauthorized access to, or cause any damage to the Service.You will immediately notify Pathfinder of any security breach involving the Service of which You become aware, including any loss of personal information and any incident where personal information (relating to You) becomes available to unauthorized persons through the Service.Except as otherwise prohibited by law, Pathfinder will be entitled to use non-personal information processed on the Service, without limitation, for any purpose, including to obtain technical, statistical, or other information (regardless of whether such resulting information relates to the Service). Any non-personal information which Pathfinder may create from time to time out of the information on the Service, or on databases Pathfinder uses in connection with maintaining the Service, will be part of the Content.

13. INTELLECTUAL PROPERTY

Everything You see, hear, or otherwise experience through this Service, including but not limited to the graphics, videos, text, software, photographs, scripts, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Pathfinder, subject to copyright and other intellectual property rights under United States (the “U.S.”) and international laws and conventions. Pathfinder owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on this Service may violate copyright, trademark, and other laws. Content on the Service is provided to You AS IS for Your information and personal use only. For Your personal use, You may view, copy, and print screenshots of the Service. Otherwise, the Service may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Pathfinder reserves all rights not expressly granted in and to the Service and the Content. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of user submissions of third parties obtained through the Service for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application unless expressly permitted by Pathfinder in writing. You may not create, recreate, or distribute an index of a significant portion of the Content unless authorized in writing by Pathfinder. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, nor may You scrape or use any extraction methods to obtain any Content or data from the Service.Pathfinder may, in its sole discretion, permit You from time to time to submit, upload or otherwise make available to Pathfinder or any of its representatives or agents through the Service any suggestions, feedback or recommendations regarding the Service (“Feedback”). If You provide any such Feedback, You hereby grant to Pathfinder a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, irrevocable, sublicensable and transferable license to use such Feedback for any purpose.

14. EMPLOYMENT APPLICATIONS

In connection with Your use of the Open Positions Page and Your submission of a resume or application through it:

  • If You are submitting a resume via the Service to work for Pathfinder, submitting a resume will not result in Your applying for any positions. You need to submit a separate and complete application for each specific position for which You would like to apply;
  • Applying for a position via the Service does not create a promise or contract for employment or the provision of any employment benefit. If You are hired for a position at Pathfinder, Your employment will be at will;
  • If You are unable to use our online application system due to a disability, please contact Human Resources at info@pfsbc.com; and
  • Pathfinder is an Equal Opportunity/Affirmative Action Employer M/F/D/V—all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, ancestry, sex, national origin, sexual orientation, disability, age, marital status, familial status, status with regard to public assistance, military or veteran status, or any other status protected by applicable law.

15. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If You are an intellectual property owner or an agent thereof and believe that either (a) any Content or User Submissions on the Service or (b) any material or activity contained on an online location to which Pathfinder has referred or linked users, infringes upon Your intellectual property rights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C. 512(c)(3) and 512(d) for further detail):

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link);
  • information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an email address;
  • a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification pursuant to the DMCA should be submitted toDMCA Agent

Pathfinder Solutions PBC
110 N 1st St #332
Minneapolis, MN  55401
Phone: 888-807-5251
Email: DMCAAgent@pfsbc.com

You acknowledge that if You fail to comply with all of the requirements of this section, Your DMCA notice may not be valid. Emails or notices sent to Pathfinder without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or responded to.

16. TRADEMARKS AND CELEBRITY MATERIAL

  • Pathfinder responds to complaints that User Submissions infringe trademarks or celebrity material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging.
  • Please be aware that celebrities, and sometimes others, may have a “right of publicity,” which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although You may be a fan, You risk infringing celebrity rights if You use a celebrity name or likeness on the Service and You do not have the celebrity’s permission.
  • If You are a trademark owner or a celebrity and You believe Your rights have been infringed on the Service, please submit a notification of infringement to our agent listed in Section 15 above.
  • To submit a notification, You must be the trademark owner or celebrity or an authorized agent of the trademark owner or celebrity.
  • When submitting a notification of trademark or trade dress infringement, provide a copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Please also provide the location on the Service where You believe the infringement is occurring.

17. WARRANTIES

You warrant and represent to Pathfinder as set out below:

  • The information provided to Pathfinder in any registration or application screen, profile, email, postings, telephone call or through other means including all personal details, contact details and all other data provided to Pathfinder is true in all respects, up-to-date and not misleading in any way.
  • You will not access the Service under false identity or pretext and will not use it to falsify Your or any other person’s identity (however, this will not prevent You from using an adopted name or nickname provided the name is used lawfully and in good faith).
  • You will use the Service lawfully and in good faith.
  • You will keep Your log-in details and password secure and will not share such information with third parties.

18. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS. PATHFINDER, ITS PARENT COMPANIES, THEIR AFFILIATE COMPANIES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, SHAREHOLDERS, AGENTS, LICENSEES, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “PATHFINDER PARTIES”), APPLE, AND GOOGLE GIVE NO WARRANTY NOR MAKE ANY REPRESENTATION IN RELATION TO THE SERVICE OR THE CONTENT. THE PATHFINDER PARTIES, APPLE, AND GOOGLE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF THE PATHFINDER PARTIES, APPLE AND/OR GOOGLE RELATING TO THE SERVICE OR TO THE CONTENT, EXPRESS, IMPLIED, STATUTORY AND OTHERWISE IN CONNECTION WITH THE SERVICE, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE PATHFINDER PARTIES, APPLE AND/OR GOOGLE OR OTHER THIRD PARTIES, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICE, NON-DISRUPTION, SECURITY, ACCURACY, LOSS OF DATA OR CORRUPTION OF DATA, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, THE PATHFINDER PARTIES, APPLE, AND GOOGLE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICE OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICE IS ACCURATE, COMPLETE OR CURRENT; THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS ADVERTISERS WILL MEET YOUR EXPECTATIONS. THE PATHFINDER PARTIES, APPLE, AND GOOGLE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (c) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (d) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (e) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (f) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

19. INDEMNITY

YOU ACKNOWLEDGE THAT THE PATHFINDER PARTIES, APPLE, AND GOOGLE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF GOODS OR SERVICES PROVIDED BY THIRD PARTIES, THE TRUTH OR ACCURACY OF ANY THIRD PARTY’S CONTENT OR LISTINGS, OR THE ABILITY OF ANY THIRD PARTY TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION OR SERVICE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE PATHFINDER PARTIES, APPLE AND GOOGLE FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND ATTORNEY’S FEES ARISING TO ANY OF THE PATHFINDER PARTIES, APPLE, AND GOOGLE AS A RESULT OF ANY CLAIM (INCLUDING BUT NOT LIMITED TO, CLAIMS OR DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, AND INJURY TO YOU OR TO THIRD PARTIES, CONSEQUENTIAL, COMPENSATORY, OR PUNITIVE DAMAGES), DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE PATHFINDER PARTIES, APPLE AND/OR GOOGLE IN CONNECTION WITH (a) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE; (b) YOUR BREACH OF ANY OF THESE TERMS OF USE; (c) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (d) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY; (e) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICE; OR (f) ANY ACTIVITY RELATED TO YOUR APPLE ID, GOOGLE ACCOUNT, MOBILE ACCOUNT, OR OTHER INTERNET ACCOUNT, OR USING YOUR TELEPHONE NUMBER, EMAIL ADDRESS, AND/OR PASSWORD BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT, APPLE ID, GOOGLE ACCOUNT, MOBILE ACCOUNT, OTHER INTERNET ACCOUNT, TELEPHONE NUMBER, EMAIL ADDRESS, AND/OR PASSWORD.

IF THE PATHFINDER PARTIES, APPLE, AND GOOGLE DO TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE, THE PATHFINDER PARTIES, APPLE, AND GOOGLE WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE PATHFINDER PARTIES, APPLE, AND GOOGLE.

LIMITATIONS ON LIABILITY

IN NO EVENT SHALL THE PATHFINDER PARTIES, APPLE AND/OR GOOGLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICE OR THIRD PARTY PRODUCTS OR SERVICES, UNDER THESE TERMS OF USE OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OR REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE PATHFINDER PARTIES APPLE, AND GOOGLE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

THE PATHFINDER PARTIES, APPLE AND GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (a) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE PATHFINDER PARTIES’ NEGLIGENCE, (b) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (c) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (d) UNAUTHORIZED ACCESS TO OR USE OF PATHFINDER’S OR ITS AFFILIATES’ SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (e) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (f) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (g) USER SUBMISSIONS, CONTENT, THIRD PARTY WEBSITES OR APPS, OR (h) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY THIRD PARTY PROVIDERS OR OTHER THIRD PARTIES, WHEREIN SUCH CONTENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PATHFINDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

THE PATHFINDER PARTIES, APPLE AND/OR GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS OF USE INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO KEEP YOUR LOG-IN DETAILS AND PASSWORD SECURE OR FROM THE SHARING OF THESE DETAILS WITH ANY OTHER PERSON.

THE PATHFINDER PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS OF USE OR IN RELATION TO THE SERVICE WILL BE LIMITED TO FIFTY DOLLARS (US $50.00).

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND, IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:  "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."

The Service is controlled and offered by Pathfinder from its facilities in the United States of America. Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.

To the extent that any jurisdiction does not allow the exclusion or limitation of incidental or consequential damages, the above limitation shall apply to the extent permissible under applicable law.

A party will not be in breach of these Terms of Use, nor liable for any failure or delay in performance of any of its obligations under these Terms of Use where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, shortage of raw materials or supplies, industrial action or strike, power outages, or electronic or communication network breakdowns or any epidemic, pandemic or disease outbreak (including the COVID-19 virus) (“Force Majeure Events”). If a Force Majeure Event affecting the provision of the Service by Pathfinder occurs, Pathfinder will use reasonable efforts to notify users through the Service or through its website or by email communication.

21. TERMINATION OF THE SERVICE

Pathfinder is continually updating its Service to create a platform that will be useful to its users.  

Pathfinder may terminate Your access to and use of the Service without notice, in the event You (a) breach these Terms of Use or (b) misuse or challenge Pathfinder’s rights in the Content, in its sole discretion and for any reason or no reason. You agree that termination of your access to the Service may be without prior notice, and you agree that Pathfinder will not be liable to You or any third party for such termination.  

Pathfinder may at any time discontinue the Service altogether or modify the Service and such modifications may adversely affect the use of the Service by users. YOU AGREE THAT PATHFINDER SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE. Pathfinder will use reasonable efforts to notify users of the cessation of the Service or any changes that would impact on Your use of the Service. Pathfinder may give such notices through the Service or on its website or by email communications. Any new features that are added will be subject to these terms unless stated otherwise.

If Your access is terminated for any reason, Your right to access and use the Service will also immediately terminate and these terms will also terminate; provided, all provisions of these terms which, by their nature, should survive termination, shall survive termination, including, without limitation, warranty disclaimers, and limitations of liability.

22. LINKS TO AND FROM THE SERVICE

The Service may contain links to third party websites and online services (such as mobile applications) that are not owned or controlled by Pathfinder. Pathfinder has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, Pathfinder will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE THE PATHFINDER PARTIES, APPLE AND GOOGLE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, we encourage You to be aware when You leave the Service and to read the terms and conditions of use for each other website or online service that You visit.

23. THIRD PARTY PROVIDERS/RELEASE

Pathfinder takes no responsibility for any third party material transmitted through or posted on the Service, nor does it take any responsibility for the products or services provided by service providers with profiles or other Content accessible through the Service (“Third Party Providers”). Any dealings You have with Third Party Providers found while using the Service are between You and the Third Party Providers, and You agree that Pathfinder is not liable for any loss or claim that You may have against a Third Party Provider.

YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE PATHFINDER PARTIES, APPLE AND GOOGLE FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH THIRD PARTY PROVIDERS OR OTHER THIRD PARTIES.

24. ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may be transferred or assigned by You only with Pathfinder’s prior written consent, but may be assigned by Pathfinder without restriction and without notice to You.

25. CLASS ACTION WAIVER

These Terms of Use are governed by U.S. and Minnesota law, without regard to conflict of law provisions. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are expressly excluded in their entirety from these Terms of Use.

You agree that no dispute subject to the terms of this Section 25 will be resolved as a class. PATHFINDER AND YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, INCLUDING LITIGATION IN COURT, WILL BE CONDUCTED INDIVIDUALLY ONLY. Neither Pathfinder nor You will seek to have any dispute heard as a class action, a private attorney-general action, or any other proceeding in which either of Pathfinder or You act(s) or propose(s) to act as a representative for others. Pathfinder and You also agree that no proceeding will be combined with another proceeding without the written consent of Pathfinder, You, and every other party to that proceeding. Without the written consent of Pathfinder, a court may not consolidate or join more than one person or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding.

Each of You and Pathfinder irrevocably (i) consents to the exclusive jurisdiction and venue of the state and federal courts in the State of Minnesota in connection with any matter arising out of this Agreement, (ii) waives any objection to such jurisdiction or venue, (iii) agrees not to commence any legal proceedings related hereto except in such courts, (iv) consents to and agrees to accept service of process to vest personal jurisdiction over it in any such courts and (v) waives any right to trial by jury in any action in connection with this Agreement

ANY LEGAL ACTION BROUGHT BY YOU AGAINST PATHFINDER OR ANY OF THE PATHFINDER PARTIES MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE DATE ON WHICH SUCH LEGAL CLAIMS WOULD ORDINARILY ACCRUE UNDER THE APPLICABLE STATUTE OF LIMITATIONS OR SIMILAR TEMPORAL DEADLINE FOR COMMENCING A LEGAL ACTION.

26. THIRD PARTY BENEFICIARIES

YOU ACKNOWLEDGE THAT EACH OF THE PATHFINDER PARTIES IS AN INTENDED THIRD PARTY BENEFICIARY OF YOUR RELEASES, WAIVERS AND COVENANTS GIVEN IN SECTIONS 3, 4, 8, 18, 19, 20, 22, 23, 26, AND IN THE APPLE AND GOOGLE REQUIRED TERMS AT THE END AND THE RELEASE AGREEMENT AND THAT APPLE AND GOOGLE ARE INTENDED THIRD PARTY BENEFICIARIES OF YOUR RELEASES, WAIVERS AND CONVENANTS IN THE APPLE REQUIRED TERMS AND IN THE ADDITIONAL TERMS REQUIRED BY GOOGLE, INC., RESPECTIVELY. SUBJECT TO THE FOREGOING, NOTHING IN THIS AGREEMENT IS INTENDED TO CONFER ANY RIGHT, REMEDY, CAUSE OF ACTION OR LIABILITY ON ANY PERSON OTHER THAN PATHFINDER AND ITS SUCCESSORS AND ASSIGNS AND YOU.

27. GENERAL TERMS

These Terms of Use constitute the entire agreement between the parties and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof. If any provision of these Terms of Use are held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. Each party acknowledges that it has not relied on or been induced to enter these Terms of Use by a representation other than those expressly set out in these Terms of Use.

Except as expressly permitted under these Terms of Use, no modification, alteration or waiver of any of the provisions of these Terms of Use will be effective unless in writing and signed on behalf of each of the parties. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Pathfinder’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Nothing in these Terms of Use will create, or be deemed to create, a partnership or joint venture and will not be construed as giving rise to the relationship of principal and agent between the parties.

APPLE REQUIRED TERMS

1. Acknowledgement: Pathfinder and you acknowledge that the Terms of Use are concluded between Pathfinder and you only, and not with Apple, and Pathfinder, not Apple, is solely responsible for the Service and the content thereof.

2. Scope of License: The license granted to you for the Service is limited to a non-transferable license to use the Service on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Media Services Terms and Conditions, except that the Service may be accessed, acquired, and used by other accounts associated with you via Family Sharing, volume purchasing, or Legacy Contacts.  Solely in connection with certain Apple licensed software, a Custom App Distribution Customer may distribute a single license of our free Custom Applications, if any, to multiple users.

3. Maintenance and Support: As between Apple and Pathfinder, Pathfinder is solely responsible for providing maintenance and support services, if any, with respect to the Service, as specified in the Terms of Use, or as required under applicable law. Pathfinder and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

4. Warranty: As between Apple and Pathfinder, Pathfinder is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the relevant App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Pathfinder’s sole responsibility.

5. Product Claims: Pathfinder and you acknowledge that Pathfinder, not Apple, is responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of that Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Service’s use of the HealthKit and HomeKit frameworks, if any.

6. Intellectual Property Rights: Pathfinder and you acknowledge that, in the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, Pathfinder, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

7. Legal Compliance: You represent and warrant that (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

8. Developer Name and Address: Pathfinder may be contacted at info@pfsbc.com in connection with any questions, complaints or claims with respect to the Service.

9. Third Party Terms of Agreement:  You must comply with third party terms of agreement when using the Service.

10. Third Party Beneficiary: Pathfinder and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Use, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof.

ADDITIONAL TERMS RELEVANT TO GOOGLE INC.

  • These terms of use constitute a license agreement in lieu of any license grant provided by Google to use the mobile application on a supported device. A “supported device” is a combination of a mobile device running Android software and an Android software version(s) that is supported by the Pathfinder mobile application. These terms of use are made between you and Pathfinder only, and not with Google. Pathfinder is solely responsible for the Pathfinder mobile application.
  • The Google Play Marketplace is owned and operated by Google Inc. Your use of Google Play is governed by a legal agreement between You and Google consisting of the Google Terms of Service (found at http://www.google.com/accounts/tos) and the Google Play Terms of Service (found at https://play.google.com/intl/en-us_us/about/play-terms.html and together with the Google terms of service called the “terms”). The Google Play Terms of Service and Google Terms of Service shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.
  • Pathfinder is solely responsible for providing, and Google has no obligation to provide, maintenance and support for the Pathfinder mobile application. Support requests, as well as questions, complaints or claims regarding the Pathfinder mobile application, may be directed to info@pfsbc.com.
  • To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the Pathfinder mobile application, and will not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
  • Google shall not be responsible for addressing any claims by You or any third party relating to the Pathfinder mobile application or Your possession and/or use of the Pathfinder mobile application, including but not limited to (i) product liability claims, (ii) any claim that the Pathfinder mobile application fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
  • Google shall not be responsible for the investigation, defense, settlement or discharge of any claim that the Pathfinder mobile application or Your possession and use thereof infringes a third party’s intellectual property rights.
  • You represent and warrant that (i) the service(s) will not be downloaded or used in, or transported to, a country that is subject to a United States government embargo or has been designated by the United States government as a “terrorist-supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
  • For the improvement of Google Play, Google may collect certain usage statistics from Google Play and your supported device, including but not limited to, information on how Google Play and your supported device are being used. The data collected is examined in the aggregate to improve google play for users and developers and is maintained in accordance with Google’s privacy policy. We can neither control nor are responsible for the privacy practices of Google. To ensure the improvement of the Pathfinder mobile application, limited aggregate data may be available from Google to Pathfinder upon Pathfinder’s written request.
  • You acknowledge and agree that (i) Pathfinder mobile application may include Google Maps features and content, and (ii) use of Google Maps features and content is subject to the then-current versions of the Google Maps/Google Earth’s additional terms of service at https://maps.google.com/help/terms_maps.html and the Google’s privacy policy at https://www.google.com/policies/privacy/.
  • Removal of Pathfinder mobile application. Pathfinder or Google Inc. may, at any time and without notice, restrict, interrupt or prevent use of the Pathfinder mobile application, or delete the Pathfinder mobile application from your supported device, without entitling You to any refund, credit or other compensation from Pathfinder or any third party (including, but not limited to, Google Inc. or Your network connectivity provider).
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