Terms of Service

Last Updated: July, 11, 2023

These Terms and Conditions constitute a legally binding agreement (“Agreement”) between you and SetPath (“SetPath”) concerning the use of this application (“Application”), and use of the products and services available at the Application, as well as any other media form, mobile website, or mobile application related to this Application (taken together with the Application, the “Service”).

Terms of Use

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application. By using this Application, Users confirm to meet the following requirements:

• Users must be older than 18 and legal capacity to comply with this Agreement;
• If Users are under the age of 18, Users must have obtained parental or legal or guardian consent before using the Application;
• Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
• Users aren’t listed on any U.S. Government list of prohibited or restricted parties;
• Users will not use the Application for any illegal or unauthorized purpose; and
• Users will not violate any applicable law or regulation.

Account registration

To use the Service, Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service. Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application. By registering, Users agree to be fully responsible for all activities that occur under their username and password. Users are required to immediately and unambiguously inform SetPath via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Conditions for account registration

Registration of User accounts on this Application is subject to the conditions outlined below. By registering, Users agree to meet such conditions. • Accounts registered by bots or any other automated methods are not permitted. • Unless otherwise specified, each User must register only one account. • Unless explicitly permitted, a User account may not be shared with other persons. • Users may not attempt to impersonate another user or person.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

• By directly contacting the SetPath at the contact details provided in this document.

Account suspension and deletion

SetPath reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of this Agreement. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

Content on this Application

Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by SetPath or its licensors. SetPath undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Intellectual Property Rights

Without prejudice to any more specific provision of this Agreement, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application and to its contents are the exclusive property of SetPath or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property. All of the Service and content are provided on the Application “AS IS” for your information and personal use only. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User’s knowledge. Where explicitly stated on this Application, the User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by SethPath are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Feedback provided by Users

SetPath has not agreed to and does not agree to treat as confidential any Feedback (as defined below) User provides to SetPath, and nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict SetPath’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting User. Feedback will not be considered User’s Confidential Information or its trade secret. (“Feedback” refers to any suggestion or idea for improving or otherwise modifying any of SetPath’s products or services. Feedback does not include any suggestion or idea to the extent that it solely addresses User’s products or services.)

Content provided by Users

SetPath allows Users to upload, share or provide their own content to this Application. By providing content to this Application, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Rights regarding content provided by Users.

Users acknowledge and accept that by providing their own content on this Application they grant the SetPath a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Application as contractually required. To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Application.

Users acknowledge, accept and confirm that all content they provide through this Application is provided subject to the same general conditions set forth for content on this Application.

Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through this Application. Users acknowledge and accept that SetPath does not filter or moderate such content. However, SetPath reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to this Application:

• If any complaint based on such content is received;
• If a notice of infringement of intellectual property rights is received;
• upon order of a public authority; or
• where SetPath is made aware that the content, while being accessible via this Application, may represent a risk for Users, third parties and/or the availability of the Service.

The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold SethPath harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Application.

Access to external resources

Through this Application Users may have access to external resources provided by third parties. Users acknowledge and accept that SethPath has no control over such resources and is therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

This Application and the Service may only be used within the scope of what they are provided for, under this Agreement and applicable law. Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights. Therefore, SetPath reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:

• violate laws, regulations and/or this Agreement;
• infringe any third-party rights;
• considerably impair the SetPath’s legitimate interests;
• offend the SetPath or any third party

Disclaimer: Independence of SetPath from its Guides

Set Path is independent of guides matched with any user during the use of the mentoring services provided by SetPay through this Application and/or the Services (“Guide”). SetPath’s involvement in the mentoring services is limited to identifying the Guide from a pool of volunteers. However, the Guide is responsible for requesting a connection with a user through the Application and/or Services. SetPath will not be connecting Guides and users at random. SetPath will only provide communication tools to Guide and users. It will be the responsibility of the Guide and the user to manage their relationship as they consider appropriate.

Parents, guardians and caregivers are responsible for evaluating and investigating whether any Guide is safe and appropriate for them or any minor under their care before proceeding with any interaction or participation with any Services provided by SetPath. SetPath does not independently evaluate Guides before the mentoring services.

SetPath is not liable to the Guide or users that matched with the Guide or to any third party for any loss, damage, costs or liabilities suffered as a result of this Agreement, the existence of the relationships between the parties, the services provided or the act or omissions of the Guide or user. SetPath makes no representations, endorsements, warranties, or guarantees as to the Guide’s expertise or services, and accepts no responsibility for the opinions and information exchanged as a result of the mentoring services provided through the Application and/or Services. Reliance on any information provided by any Guide, participants, or others appearing within the Service is solely and completely at your own risk.

Warranties, Liability and Indemnification

Disclaimer of Warranties

This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, SetPath expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from SetPath or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, SetPath, its subsidiaries, affiliates, licensors, officers, directors, agents, cobranders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

SetPath does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and SetPath shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. SetPath cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall SetPath, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and

any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;

• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• any unauthorized access to or use of the SetPath’s secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party.

This limitation of liability section shall apply to the fullest extent permitted by law whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Indemnification

The User agrees to defend, indemnify and hold SetPath and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of this Agreement, including, but not limited to, User’s breach of any of the representations and warranties set forth in this Agreement;
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User’s violation of any statutory law, rule, or regulation;
• any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User’s willful misconduct; or
• statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

SetPath’s failure to assert any right or provision under this Agreement shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, SetPath reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, SetPath may also decide to suspend or terminate the Service altogether. If the Service is terminated, SetPath will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law. Additionally, the Service might not be available due to reasons outside SetPath’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Changes to this Agreement

SetPath reserves the right to amend or otherwise modify this Agreement at any time. It is Users’ responsibility to periodically review this Agreement to stay informed of updates. The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

Assignment of contract

SetPath reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under this Agreement, taking the User’s legitimate interests into account. Provisions regarding changes of this Agreement will apply accordingly. Users may not assign or transfer their rights or obligations under this Agreement in any way, without the written permission of the SetPath.

Contacts

All communications relating to the use of this Application must be sent using the contact information stated in this Agreement.

Severability

Should any provision of this Agreement be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Entire Agreement

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. This Agreement constitute the entire agreement between Users and SetPath with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. This Agreement will be enforced to the fullest extent permitted by law.

Governing law

This Agreement is governed by and construed in accordance with the laws of the State of Oregon, without regard to conflict of laws principles.

Venue of jurisdiction

In any action or proceeding, including any arbitration (if arbitration is mutually agreed to by the parties), seeking to enforce any provision(s) of, or based on any right(s) arising out of, or related to or concerning this Agreement, the parties hereto consent to the exclusive jurisdiction of the courts of the State of Oregon and of any duly appointed arbitrator. In any such action or proceeding, venue shall lie exclusively in Marion County, Oregon, and in no other location. The parties further agree that in any such action or proceeding the parties shall appear for deposition at their own expense in Marion County, Oregon at such time as is either mutually agreed upon by the parties or ordered by the court.

Your Concerns

If you have any concerns about material which appears on this Application, please contact us at: Contact@setpath.org