Last modified January 22, 2021
1. BINDING CONTRACTUAL TERMS
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.
3. CONTACTING 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.
7. AUTHORIZED USE OF THE SERVICE
8. USER SUBMISSIONS
Pathfinder may, in its sole discretion, permit from time to time the 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 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. RESTRICTIONS ON USE OF THE SERVICE
Pathfinder believes in children’s online safety and does not wish to receive information regarding children under 18 years old. Therefore, You may not post or submit any personally-identifiable information of a child under 18 years old or information sufficient to locate such a child on or through the Service. If You are under 18 years of age, You are not permitted to submit any information to or use the Service.
10. PAYMENT AND FEES
There are no fees for creating an account or using this mobile application.
11. 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.
12. 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 foreign laws and international 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.
13. 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):
Notification pursuant to the DMCA should be submitted firstname.lastname@example.org:
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.
14. TRADEMARKS AND CELEBRITY MATERIAL
You warrant and represent to Pathfinder as set out below:
16. 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 PATHFINDER’S APP 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.
18. LIMITATIONS ON LIABILITY
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, 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.
19. TERMINATION OF THE SERVICE
Pathfinder is continually updating its Service to create a platform that will be useful to its users.
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.
You may terminate Your service by removing your App.
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.
20. 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.
21. 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 an Advertiser.
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.
23. CLASS ACTION WAIVER
You agree that no dispute subject to the terms of this Section 23 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 Delaware 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.
24. THIRD PARTY BENEFICIARIES
YOU ACKNOWLEDGE THAT EACH OF THE PATHFINDER PARTIES IS AN INTENDED THIRD PARTY BENEFICIARY OF YOUR RELEASES, WAIVERS AND COVENANTS GIVEN INSECTIONS16, 17, 18, 20, 21, 23 AND THE RELEASE AGREEMENT AND THAT APPLE AND GOOGLE ARE INTENDED THIRD PARTY BENEFICIARIES OF YOUR RELEASES, WAIVERS AND COVENANTS 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.
25. GENERAL TERMS
APPLE REQUIRED TERMS
ADDITIONAL TERMS RELEVANT TO GOOGLE INC.