Terms and Conditions of Use

Welcome to our website pathforwords.com (the “Site”) owned and owned and operated by Pixi Girl LLC dba Path for Words. By using this Site as well as any mobile application and any other products and services provided by Path for Words (collectively, the “Platform”), you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use the Platform. All references to “Path for Words”, “us”, “our” or “we” refers to Pixi Girl LLC dba Path for Words.

1. Agreement. This Term of Use agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of the Platform and describe the terms and conditions applicable to your access of and use of the Platform. This Agreement may be modified at any time by Path for Words upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at pathforwords.com/terms-of-use. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Privacy. Your use of the Platform is also governed by our Privacy Policy. Please review our Privacy Policy at pathforwords.com/privacy-policy.

3. Disclaimer. Your use of Platform is also governed by our Disclaimer. Please review our Disclaimer at pathforwords.com/disclaimer.

4. Content. Path for Words provides an extensive library of content for speech-language pathologists and special educators through subscriber plans available at pathforwords.com (“Subscription Plan(s)”). Your Subscription Plan provides access to no print interactive resources, web activities, and weekly emails with digital recommendations. For purposes of this Agreement, the “Content” refers to all content owned or licensed by Path for Words, whether provided through your Subscription Plan or otherwise.

5. Ownership. The Content is and shall continue to be the property of Path for Words or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such Content or any part of the Platform is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in the Content by or through your use of this Platform.

6. Permitted Use/Limited License. You may only use the Content and the Platform for your own personal use in working with individual students to improve their language and learning skills (the “Permitted Use”). All other use is prohibited. During the term of your Subscription Plan, Path for Words grants you a limited, revocable, nonexclusive license to use the Content and the Platform solely for the Permitted Use.

The Content contains proprietary techniques developed by Path for Words that is kept as a trade secret. You may not publish, license, assign, sell, lease or otherwise transfer the Content or prepare derivative works based on the Content.

The use of the Platform and the Content is at the discretion of Path for Words and Path for Words may terminate your use of the Platform and the Content for breach of this Agreement.

Once your Subscription Plan ends, you must cease using the Platform and the Content.

7. Intended Audience. The Platform is intended for adults only. The Platform is not intended for anyone under the age of 18.

8. Trademarks. The trademark Path for Words, associated logo, and others are either trademarks or registered trademarks of Path for Words. Other product and company names mentioned in the Platform may be trademarks of their respective owners.

9. No Password Sharing. You may not share your password to the Platform or allow anyone to access or use your Subscription Plan.

10. Subscription Plans; Refund Policy. Path for Words offers several automatically renewable and payable Subscription Plans for our users. The features, subscriber rights, terms, and prices of these Subscription Plans may change from time to time, and the most current descriptions and prices may be found on our Subscription Plans pricing page here pathforwords.com.

By completing your registration for a Subscription Plan, you authorize Path for Words or its third-party payment processor to charge your payment method on a recurring basis (e.g., monthly, quarterly, or annually) for: (i) the applicable Subscription Plan charges; (ii) any and all applicable taxes; and (iii) any other charges incurred in connection with customer’s use of Path for Words services. The authorization continues through the subscription term, and any renewal term, until the subscriber cancels the Subscription Plan. Cancellation requests must be sent at least 48 hours prior to your billing renewal date.

By purchasing a Subscription Plan, you expressly acknowledge and agree that (i) your subscription has an initial and recurring payment feature, and Path for Words (or our third party payment processor) is authorized to automatically charge your payment method at the then-current Subscription Plan rate for your subscription period as long as your subscription continues, and (ii) your Subscription Plan is continuous and will be automatically extended for successive subscription periods until you cancel it. Cancellation requests must be sent 48 hours prior to your billing renewal date.

There is no minimum commitment for the monthly, quarterly, or annual memberships. You can put in a cancellation request at any time (cancellation requests must be sent 48 hours prior to your billing renewal date) and your membership will remain active until the end of the current term.

You may cancel your Subscription Plan at any time, by emailing us at support@pathforwords.com and following the instructions we provide you in response to your cancellation request. Cancellation requests must be sent at least 48 hours prior to your billing renewal date. If you cancel, you will not be entitled to a refund for your last payment, but you may use your Subscription Plan until the end of your then-current paid-up subscription term.

Path for Words may submit periodic charges without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Path for Words reasonably could act. Termination of the authorization must be sent at least 48 hours prior to periodic charges.

In the event you cancel your Subscription Plan, please note that we may still send you promotional communications about Path for Words, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

Subscription Plans for individual purchases are non-refundable except under the following circumstances: Users may be granted a refund if they contact us at support@pathforwords.com within seven (7) days of your Subscription Plan registration. After the 7-day grace period, no refund or partial refund will be possible for any reason. For the 7-day free trial, you must cancel within your trial period to avoid being charged at the end of your 7-day trial. Once billed, the amount is not refundable. This refund policy is not applicable to the free-trial subscription. For cancellation policy pertaining to the free-trial subscription, please refer to Section 12 – Trial Subscriptions.

WE RESERVE THE RIGHT TO REVOKE YOUR SUBSCRIPTION AT ANY TIME AS A RESULT OF A VIOLATION OF THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY. SUBSCRIPTION MEMBERSHIP IS VOID WHERE PROHIBITED BY LAW.

11. Path for Words Groups/Schools Subscription Plan. Path for Words offers a Subscription Plan for schools (the “School Subscription Plan”). This plan is an annual subscription plan which is not automatically renewable. We will contact you within 60 days of the annual expiration date for renewal of the plan. The School Subscription Plan is not eligible for a refund upon early cancellation but may continue to be used by the school until the expiration date subsequent to cancellation. For more information on this subscription, please contact our customer care department at support@pathforwords.com.

12. Trial Subscriptions. Path for Words may offer you a free one-week trial subscription. You may cancel your free trial at any time during the 7-day trial period. If you fail to cancel your free trial, you agree that Path for Words may automatically charge your selected method of payment for a Monthly Subscription under the terms set forth in the section of these terms entitled “Subscription Plans and Terms”. A Monthly Subscription may be upgraded to a longer Subscription at any time, but a longer Subscription may not be reduced to a Monthly Subscription until you have reached the anniversary (expiration) date of the longer Subscription period.

13. Orders. Your subscription order constitutes an offer to purchase a Subscription Plan and the Platform. We reserve the right at any time to accept or decline any order or partial order. We reserve the right to cancel your order at any time before it has been accepted and we may rescind the acceptance and cancel your order where there has been an obvious error in price or where the Subscription Plan or Platform is no longer available.

14. Prices. All prices displayed in our Platform are in U.S. dollars unless otherwise indicated. All applicable taxes and other charges are additional and your responsibility. We reserve the right in our sole, absolute, and unfettered discretion to change prices at any time and without notice.

15. Payment. By providing Path for Words or our third-party payment processor with your method of payment information, you authorize us to charge you for subscription purchases using the secure third-party payment processor we make available to you. Our payment gateway partners use secure servers with state-of-the-art encryption and secure sockets layer (“SSL”) technology for the transfer of credit card information. Additionally, we have security measures in place to protect our customer database and access to this database is restricted internally.

You must keep all information about your payment method current. If you tell us to stop using your payment method and we no longer receive payment from you, we may cancel your account and subscription. Your notice to us will not affect charges to your account before we reasonably could act on your request.

You agree that we may charge you, and you will pay to Path for Words, any fee or penalty that is assessed or charged to us for a “Chargeback” resulting from a failure or refusal of your selected method of payment to make a required payment. This payment shall be refunded to you in the event that your selected method of payment resolves this dispute in your favor.

16. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Platform. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

17. Indemnification. You agree to indemnify, defend and hold Path for Words and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Platform.

18. Disclaimer. THE INFORMATION ON THE PLATFORM IS PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. PATH FOR WORDS DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

19. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL PATH FOR WORDS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE PLATFORM, YOUR USE OF THE PLATFORM, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

20. Use of Information. Path for Words reserves the right, and you authorize us, to use and assign all information regarding Platform uses by you and all information provided by you in any manner consistent with our Privacy Policy.

21. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Platform;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Platform is Shane Cortesi, who can be reached as follows:

By Mail:
Shane V. Cortesi
Registered Patent Attorney
The Law Office of Shane V. Cortesi
424 Church Street, Suite 2000
Nashville, TN 37219

By Email:
shane.cortesi@cortesilaw.com

By Phone:
Office Phone: 615-651-7401
Mobile: 703-725-0817 (Emergency Cases)

22. Applicable Law. You agree that the laws of the state of Tennessee without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Path for Words or its affiliates. The Federal and state courts sitting in Williamson County, Tennessee shall have sole and exclusive jurisdiction over any disputes arising under the terms of this Agreement.

23. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

24. Waiver. The failure of Path for Words to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Path for Words must be in writing and signed by an authorized representative of Path for Words.

25. Termination. Path for Words may terminate this Agreement at any time, with or without notice, for any reason.

26. Relationship of the Parties. Nothing contained in this Agreement or your use of the Platform shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

27. Entire Agreement. This Agreement constitutes the entire agreement between you and Path for Words and governs the terms and conditions of your use of the Platform, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Path for Words with respect to this Platform. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including, but not limited to, the Privacy Policy and the Disclaimer), guidelines, or rules that may apply when you use the website. Path for Words may revise this Agreement at any time by updating this Agreement and posting it on the Platform. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Agreement signifies and confirms your acceptance of any such changes or amendments to the Agreement.

28. Contact Information.

Pixi Girl LLC dba Path for Words
marie@pathforwords.com