These Terms of Use were published on March 1st, 2023.
Welcome to the Enlighten Pathway (“Enlighten Pathway,” “we,” “us,” or “our”) website, (https://www.enlightenpathway.com) (the "Site"). These Terms of Use (“Terms”) are a legal agreement between you, a user of the site (“you” or “your”), and Enlighten Pathway that governs your use of the Site, including all related webpages, and downloadable materials, information, photos, or other documentation (“Content”) that appears on the Site. Your access to the Site is conditioned upon your acceptance of these Terms and our Privacy Policy, which is incorporated into these Terms by this reference. Please read our Terms of Use and Privacy Policy carefully. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE SITE OR REGISTER TO BECOME A Enlighten Pathway INSIDER.
1. Privacy Policy
Please review our Privacy Policy, which is part of these Terms of Use and
describes how we handle any personally identifying information about Site users. By
accessing, browsing, or using the Site, you expressly consent to the collection, use,
storage, processing, and disclosure of your information, including personally identifiable
information, as described in our Privacy Policy.
2. Enlighten Pathway Insider
You may register for an account on the Site in order to become a “Enlighten Pathway
Insider.” Becoming a Enlighten Pathway Insider may provide you with access to
exclusive Content and the ability to subscribe to your favorite topics. If you register
for a Enlighten Pathway Insider account (“Account”), you must provide us with
your current, complete, and accurate information, including your name, email address,
and a user name and password selected by you. Your user name and password may only be
used by you and you are responsible for keeping your user name and password
confidential. You agree that we may attribute all use of your Account to you. Gates
Notes may permit you to register for and authenticate your Account using a third party
social networking service, such as Facebook or Twitter (“Social Networking
Service”). By registering and authenticating your Account using a Social
Networking Service, you agree that Enlighten Pathway may access your account information from
the Social Networking Service, including any public profile information associated with
your Social Networking Service account. You are solely responsible for your relationship
with the Social Networking Service, and by offering registration through Social
Networking Services, Enlighten Pathway is not implying any endorsement or control of any
Social Networking Services. Enlighten Pathway will never post Content to your Social
Networking Service account. You may deactivate your Account at any time by selecting
“Deactivate account” on the Account Settings page on the Site. Please allow 24 hours for
the deactivation to fully process. Deactivating your Account will unsubscribe you from
Enlighten Pathway emails and will remove your public profile and Account information from the
Site. You may sign back in at any time in order to reactivate your Account and restore
your access to its Content. Please notify us immediately at: [email protected] if you suspect any
unauthorized use of your Account or any other breach of security.
3. User discussion policy
The Site maintains a User Discussion section to provide a forum for sharing opinions and
information regarding the material posted on the Site. All statements, photos, videos,
materials, or other User Content posted by contributors reflects the views of the individual
contributors and does not reflect the views of Enlighten Pathway. Enlighten Pathway takes no
responsibility and assumes no liability for any User Content posted by you or any third
party. You must be a Enlighten Pathway Insider to participate in User Discussion sections of the
Site. We encourage respectful, constructive dialogue and reserve the right to remove posts
that are offensive, act as advertisements, or attempt to solicit funds. We also may remove
identical or substantially similar comments that are posted more than once, including those
posted for the purpose of monopolizing the discussion. To support the above standards, the
site employs a comment moderator who pre-screens first time posters on the Enlighten Pathway. The
moderator will review and approve first-time commenter’s post before it appears to the rest
of the community. The moderator screens the new poster for language that is offensive,
harassing or acts as advertisement before it appears on site. This usually happens within 24
hours but can take up to 48-hours on content experiencing a high volume of conversation.
Once approved, a user's comment will be visible and future posts will not be held for
approval.
4. Email address submission; Newsletter
The Site may allow you the option to provide your email address to us in order to receive
certain communications from us, including, but not limited to, occasional updates and our
newsletter. Any email communication you receive from us will include an unsubscribe link
that will allow you to opt-out of receiving future emails.
5. User-generated content
The Site may permit you to publicly post content, such as comments, videos, photos, a
profile photo, a biography “blurb,” or other materials under your Account or as a visitor to
the User Discussion sections of the Site (“User Content”). Enlighten Pathway does
not control or endorse and is not responsible or liable for User Content. If you post any
User Content to the Site, you grant Enlighten Pathway and all members of the public who may access
publicly-available User Content on the Site a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display that User Content
throughout the world in any media, and the right to use and display the name that you submit
in connection with such User Content. By posting User Content, you represent and warrant
that you own or otherwise control all of the rights to the User Content that you post; that
the User Content is accurate; that use of the User Content you supply does not violate any
law or this policy and will not cause injury to any person or entity. You must not provide
any User Content that infringes others’ copyrights or other intellectual property or privacy
rights. You are solely responsible for all User Content you provide to Enlighten Pathway or make
available through the Site.
6. Copyright
Enlighten Pathway owns or licenses the copyright in all the materials on the Site, including text,
photographs, graphics, logos, button icons, audio, video and software, and those rights are
protected by United States and international copyright laws and other intellectual property
laws. If you believe that your work has been copied in a way that constitutes copyright
infringement, please follow our Notice and Procedure for Making Claims of Copyright
Infringement, below.
7. Permitted distribution
You may copy or distribute the materials and Content that appears on the Site only for
non-commercial purposes; specifically, your personal research, teaching and learning and
other similar purposes regarding educational, health care, environmental, economic,
technology, social and political issues. You may not use the Site materials or Content for
any commercial purpose or in any manner that disparages or discredits any person. All
distributed copies must display the following copyright notice: Copyright The Enlighten Pathway,
LLC. Permission to copy or distribute any materials that appear on the Site that are owned
or copyrighted by others must be obtained from the third party that owns such content.
8. Copyright infringement – notification requirements
If you believe that your work has been used on our Site in a way that constitutes copyright
infringement, you should send written notification thereof, in accordance with the
provisions of the Digital Millennium Copyright Act (the “Notification”), to
our Designated Copyright Agent, who can be reached as follows:
Email: [email protected]
Phone: (908) 502-7428
VSY Design LLC
11 Stapleton Ct
Bridgewater, NJ 08807
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (iii) 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. (iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address. (v) A statement that the complaining party has 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. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly and materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Site is infringing, we suggest that you contact an attorney prior to sending notice.
9. Links, frames, and metatags
You may link to the home page of the Site as long as you do not do so in a false or
misleading manner. You may not frame the content of the Site. You may not use metatags or
any other “hidden text” that incorporates our Site’s contents without our express written
consent.
10. Links to other websites
The Site contains links to other websites that we think may be of interest to you. We do not
endorse or sponsor any third party websites or the information, products, or services
contained on any third party websites and we have no control over third party websites or
their content. Remember that when you link to or share Content on another website, that
other website is governed by its own user agreement and privacy statement, which you should
be sure to read. Access to and use of any third party website is solely at your own risk.
11. Site availability and support
You may access the Site if and when it is available. We do not guarantee availability of the
Site or of materials on the Site. The Site may occasionally be down for service, upgrades,
or for other reasons. To the maximum extent authorized under applicable law, we reserve the
right to change, remove, delete, restrict, block access to, or stop providing any or all of
the Site at any time and without notice. We have no obligation to provide support in
relation to the Site or Content.
12. Disclaimer of warranties
To the maximum extent permitted by applicable law, the site, including all text, graphics,
logos, audio and video clips, photographs, and other content is provided “as is,” “with all
faults,” and “as available” and the entire risk of use and performance remains with you. We
do not make any representations, warranties, or conditions, express, implied, or statutory
and hereby disclaim any and all warranties with respect to the site. In particular, we make
no warranty that the site or content: (a) will meet your requirements; (b) will be available
or provided on an uninterrupted, timely, secure, or error-free basis; (c) will be accurate,
complete, or reliable, or (d) will be free from viruses, worms, or other harmful or
malicious components. Nor do we warrant that any defects or errors on the site or content
will be corrected. We do not assume any liability relating to delays or interruptions
attributable to third party failures beyond our control. The site and all content or
materials you download or obtain from the site is accessed at your own risk, and you will be
solely responsible for any damage or loss that results therefrom.
13. Disclaimer of certain damages
To the maximum extent permitted by applicable law, in no event will we be liable for any
consequential, special, incidental, indirect, or punitive damages of any kind, whether
foreseeable or not, arising out of or in any way connected with the site or these terms,
even if we have been advised of the possibility of such damages.
14. Limitation of liability and exclusive remedies
To the maximum extent permitted by applicable law and to the extent they are not excluded or
disclaimed under sections 12 or 13, our maximum, aggregate liability to you, and your
exclusive remedy under these terms for any and all damages, injuries, and losses arising
from any and all claims and causes of action arising out of, based on, resulting from, or in
any way related to these terms or the site shall be limited to five dollars ($5.00). The
existence of multiple claims or suits under or related to these terms or the site will not
enlarge or extend the limitation of money damages.
15. Independent remedies
The exclusion of damages under Section 13 is independent of your exclusive remedy in Section
14 and it survives even if the exclusive remedy fails of its essential purpose or otherwise
is deemed unenforceable. Each of the limitations of liability in Sections 12, 13, and 14
apply without regard to whether loss, liability, or damage arise from (a) breach of
contract, (b) breach of warranty, (c) fault or tort, including negligence and
misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the
exclusions and limitations are not prohibited by applicable law.
16. Notice on potential limits of sections 12, 13, and 14
Some jurisdictions do not allow the exclusion or limitation of damages (including incidental
or consequential), loss, or liability from intentional acts (including fraud, fraudulent
misrepresentation, and failure to disclose defects), product liability, or for death or
personal injury. Nothing in Sections 12, 13, or 14 will be interpreted as excluding
liability which cannot under applicable law be excluded in those jurisdictions. If you
reside, or are otherwise subject to the laws in one of those jurisdictions, any statutory
entitlement available to you will be deemed limited to the extent (if at all) permissible
under that law and, if limitation is not permitted, the limitations and exclusions in one or
more of those Sections may not apply to you.
17. Indemnification
You hereby agree to defend, indemnify, and hold the Enlighten Pathway, its directors, officers,
employees, agents, partners, suppliers, and licensors harmless and will keep them
indemnified from any third party claims or demands, including reasonable attorneys’ fees,
relating to, arising from, or allegedly arising from (a) your use of the Site; (b) any
violation by you of these Terms; or (c) your violation of any other party’s rights or
applicable law.
18. Notices
We may give you all required notices (including legal
process) by any lawful method, including by posting notices on the Site or by sending
notice to any email address you provide to us. You agree to send notices to us by
emailing them to the following address: [email protected]
19. Changes to these Terms
We reserve the right to change these Terms at any time, in our sole discretion, upon notice
to you. We may give notice by posting updated Terms on the Site, sending you an email, or by
any other reasonable means. You should periodically review these Terms for changes and you
can review the most current Terms at any time at: https://www.enlightenpathway.com/Terms-of-use. The updated Terms
will govern your use of the Site as of the “Effective Date” date indicated at the top of
these Terms. If you do not agree to the updated Terms, you should stop using the Site. Your
use of the Site after the updated version of these Terms is posted will constitute your
acceptance of the updated Terms.
20. Termination
We reserve the right to terminate the Site and this
User Agreement at any time without notice for any reason, including for your violation
of the User Discussion Policy, these Terms, or our Privacy Policy. The Limitation of
Liability and Governing Law Sections of this User Agreement survive any such
termination. You may permanently delete your Enlighten Pathway Insider Account by contacting
us at: [email protected].
21. Governing law and exclusive jurisdiction and venue
These Terms and your use of the Site is governed by the laws of the State of Washington
applicable to contracts made and performed there, without regard to its conflicts of law
principles. You expressly agree that jurisdiction and venue for any dispute relating to or
arising from these Terms, Content, or the Site will reside in the State and Federal Courts
of King County, Washington.
22. International use
Enlighten Pathway’ servers and operations are located primarily in the United States and our
policies and procedures are based primarily on United States law. Because of this, the
following provisions apply specifically to users located outside of the United States: (i)
you consent to the transfer, storage, and processing of your information (including
Submissions and Personal Data) to and in the United States and/or other countries; (ii) if
you are using the Services from a country embargoed by the United States, or are on the
United States Treasury Department’s list of “Specially Designated Nationals,” you are not
authorized to access or use the Services; and (iii) you agree to comply with all local laws,
rules, and regulations including all laws, rules, and regulations in effect in the country
in which you reside and the country from which you access the Services. The Services are not
intended for distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation, or that would subject
Enlighten Pathway or its affiliates to any registration requirement within such jurisdiction or
country.
23. General
If any provision of these Terms is determined by a court of competent jurisdiction to be
illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in
full force and effect. Section titles are only for convenience and have no legal or
contractual significance. We may assign these Terms, in whole or in part, at any time, with
or without notice to you. You may not assign, transfer, or sublicense your rights, if any,
in the Site. If, at any time, we fail to respond to a breach of these Terms by you or
others, such failure will not waive our right to act with respect to subsequent or similar
breaches. A waiver will only be binding on us if it is in writing and signed by us. These
Terms (including any incorporated terms or policies) constitute the entire agreement between
you and Enlighten Pathway with respect to the Site. Both you and Enlighten Pathway warrant to each other
that, in entering these Terms, neither you nor Enlighten Pathway have relied on or will have any
right or remedy based upon any statement, representation, warranty, or assurance other than
those expressly stated in these Terms. The preceding sentence will not limit or exclude any
liability that cannot be limited or excluded under applicable law. No one other than you and
Enlighten Pathway or Enlighten Pathway’ successors and assigns, will have any right to enforce any of
these Terms. You and Enlighten Pathway agree that any cause of action arising out of or related to
the site or site materials must commence within one (1) year after the cause of action
accrues; otherwise, such cause of action is permanently barred.
24. Comments and questions
If you have any questions, comments or concerns about the Site, including materials
appearing on the Site, please contact us by going to the “Send an email” link at the bottom
of our home page (under “Contact”) and using the form located there.