Terms and Conditions
Last updated: November 20, 2020
Please read these terms and conditions carefully before using Our Service.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: West Virginia, United States
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to The Pathfinder of West Virginia LTD, 235 High Street Morgantown, WV 26505.
- Devicemeans any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Pathfinder of WV, accessible from https://www.pathfinderwv.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
We collect information you provide us on servers located in the United States. We collect information when, for example, you create an online account with us, use our website and mobile features (together, “Services”), purchase or rent from us, enter the contests, promotions, events and newsletters we sponsor or otherwise provide us information about yourself. The type of information we collect may include: Account information we may collect includes your name, postal and e-mail address, phone number, social media username(s), and any information you may share about your interests and preferences.
Personal and professional information we may collect related to a job application including resume information, past work history, contact information among other things.
We may also automatically collect information about you when you access or use our Services. Automatically collected data may include log-in information (browser type, access date & time, publisher IP, etc.), device information (hardware type/model, operating system and, if using our in-store wifi network, browsing history) as well as your location information if required. For further information regarding these collection practices, please see our “Internet Technologies Used” and “Third Party Advertising, Analytics, and Services” sections below.
Use of Information
The information we collect is generally used to process your requests or transactions, provide you with the Services, personalize them to you and maintain and improve their quality, tell you about opportunities we think will be of interest, monitor and analyze your use and behavior patterns, and understand your needs so that we can serve you better. For example, we may use your telephone number, your e-mail or your postal address to communicate about opportunities and programs. If you prefer not to receive Promotional Information from us, we make it easy for you to let us know. We store and process information on computer servers located in the United States.
Sharing of Information
- We may provide to third party service providers certain information that is necessary to fulfill an order you have placed with us. For example, if you request shipment for a purchase, we may provide your address to the shipping carrier, and if you pay by a credit or debit card, your card number and sales transaction information are passed on to the card processor and/or issuer (including their service providers such as fraud verification services). We may also use service providers to provide services such as hosting the site and providing advertising and marketing services. However, we give vendors, suppliers, and others involved in the commercial distribution chain only the information needed to provide you the products or services you order, such as shipping and/or billing address, e-mail address, telephone number and product orders. Moreover, we require them to keep the information confidential and not to use it for other purposes. We are not responsible for any additional information you provide directly to these parties, and we encourage you to become familiar with their practices before disclosing information directly to them. Our service providers may be located in the U.S., Canada or other foreign jurisdictions.
- When you participate in the interactive areas of our Services, such as chat rooms, forums, message boards or news groups (if any), certain information about you may be displayed publicly on our Services and on third party sites, such as your photos, posts, and other information you choose to provide in your profile or during that session. We do not routinely monitor or retain logs or copies of these interactive areas, if any, that may be available on our Services. However, you should be aware that your use and disclosure of any information in these areas is governed by our Terms and Conditions.
- We may also provide access to data that includes your personal information as an asset in connection with the contemplated or actual financing, securitization, insuring, merger, sale (including transfers made as part of insolvency or bankruptcy proceedings) or other encumbrance, divestiture or disposal of all or part of our business or assets, including for the purposes of determining whether to proceed with the transaction or fulfilling any records or other reporting requirements to relevant third parties. In the event of any actual transaction involving transfer of ownership or encumbrance, your personal information, among other things, may be transferred as part of the transaction.
- We also may share your information when you specifically ask or authorize us to do so, or when we conclude disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request, to enforce our agreements and policies, and where circumstances otherwise warrant doing so.
Social Sharing Features
We take commercially reasonable measures to secure and store your personal information to protect against its loss, misuse or alteration while under our control. We use industry standard security measures when accepting your credit card information during the online ordering process, as well as whenever we ask you to login to any of our Services. That said, data transmission over the Internet is not 100% secure. Although we use industry standard security measures, we do not guarantee against the loss, misuse or alteration of any information during its delivery or under our control. We thus urge you to always take care how you handle and disclose your personal information over the Internet.
Links to Other Websites
Pathfinderwv.com may contain links to third-party owned or operated websites. When you access these external websites, the providers of the websites, which may include product or service vendors and other unrelated parties, may have access to certain information about you. Please be aware that once you have left our site, we are not responsible for the privacy practices or the content of any websites that we do not control directly and the collection, use and disclosure of information about you by these entities will be subject to the privacy policies applicable at those other websites.
Subject to limited exceptions under applicable law, you have the right to access, update and correct inaccuracies in your personal information in our custody and control. We may request certain personal information for the purpose of verifying the identity of the individual seeking access to his or her personal information records. If you would like to access, update, or correct your personal information in our custody or control, or if you have questions about the manner in which we or our service providers treat your personal information, you may do so contacting us at the address provided under the “Contact Us” section below, but note that we may retain certain information about you for archival, safety notice and other legal or business purposes.
You may opt out of receiving promotional emails and text messages from The Pathfinder of West Virginia by following the instructions in those communications. If you opt out of receiving promotional communications, we may still send you non-promotional (i.e., transactional) emails that, for example, relate to your purchases, your account or our ongoing business relations.
You also have the ability to turn location-based services on and off by adjusting the settings of your Internet browser or mobile device, or by following the standard uninstall process and removing all Pathfinder applications, if any, from your mobile device.
Third Party Advertising, Analytics and Services
Your California Privacy Rights
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. However, under the law, a business is not required to provide this information if it permits California residents to opt in to or out of this type of sharing. Pathfinder is happy to facilitate customer opt outs. To opt out of sharing your information with third parties for direct marketing purposes, please contact us
Under the California Consumer Privacy Act, California residents have the right to request, among other things, disclosure of the categories of personal information collected. If you would like a copy of your specific personal information collected during the prior 12 months or would like your personal information deleted contact us at the address below.
We may share any information we receive with vendors and service providers retained in connection with fulfilling orders and delivering services.
Analytics Partners. We use analytics services such as Google Analytics to collect and process certain analytics data generated by visiting our digital properties. These services may also collect information about your use of other websites, apps, and online resources. You can learn about Google's practices by going to https://www.google.com/policies/privacy/partners/, and opt-out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
We work with third party advertising partners to show you ads that we think may interest you. Some of our advertising partners are members of the Network Advertising Initiative (http://optout.networkadvertising.org/?c=1#!/ ) or the Digital Advertising Alliance ( http://optout.aboutads.info/?c=2&lang=EN ). If you do not wish to receive personalized ads, please visit their opt-out pages to learn about how you may opt out of receiving web-based personalized ads from member companies. You can access any settings offered by your mobile operating system to limit ad tracking, you can use search engines like DuckDuckGo, or you can install the AppChoices mobile app to learn more about how you may opt out of personalized ads in mobile apps.
As Required By Law; we may access, preserve, and disclose your information if we believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our, or others' rights, property, or safety. For the avoidance of doubt, the disclosure of your information may occur if you post any objectionable content on or through the Services.
We may also disclose your information with your permission. You have the right to request that we delete any of your personal information that we have, in the immediately preceding 12-month period, collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug service features or to identify and repair errors that impair existing functionality.
- Exercise free speech, ensure the right of another consumer to exercise his or her free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with any applicable legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We strive to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you in writing of the reason we need more time and the applicable extension period. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. If applicable, our response will also explain the reasons we cannot comply with a request. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
The Pathfinder of West Virginia logo and other Company product or service names, logos or slogans that may appear on the Sites are trademarks or registered trademarks of The Pathfinder of West Virginia LTD and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "The Pathfinder of West Virginia" or any other name, trademark or product or service name of the Company without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by The Pathfinder of West Virginia.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
All prices are shown in U.S. dollars. Taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. Additionally, many products displayed on our Sites are also available in store while supplies last, but you should not assume that what you see on the Sites can always be seen in our stores. Prices displayed on the Sites may vary from those in the store or from store prices.
We attempt to be as accurate as possible and to eliminate errors on the Sites; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error—whether on the Sites, in an order confirmation, in processing an order, in delivering a product or service or otherwise—we reserve the right to correct such error and to revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Sites when your order is placed. We reserve the right to increase, decrease, add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. If you select in-store pickup, shipping is free (however, some exclusions may apply). Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts, any shipping times shown on the Sites are estimates only – actual delivery dates may vary.
Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other payment method. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
Returns & Cancellations
The Pathfinder of West Virginia makes every effort to ensure you are happy with your purchase. We accept returns on new and unused items with all original packaging within 30 days from date of purchase. All returns must be approved by The Pathfinder of West Virginia before being shipped back. In most cases, you will be required to pay any shipping costs to send the product back to The Pathfinder of West Virginia. If you do not cancel your order before it is shipped you are responsible for any shipping and handling charges. If you refuse shipment you may be responsible for shipping charges both to you and back to The Pathfinder of West Virginia. If a gift certificate or card, voucher, coupon or payment mechanism other than a credit or debit card was used to pay the original price, or if the purchase was part of a special offer or sale, we may give you a merchandise credit. After we have received your valid return, we will provide one of the following within a reasonable time: an exchange of merchandise for the item returned, a non-transferable merchandise credit, a non-transferable gift certificate or gift card, a credit to the payment card used to pay for the product, a check, or another remedy that we determine in good faith is appropriate in the circumstances. If you do not comply with each of the above conditions, we reserve the right to refuse the return or exchange, or to impose different or additional conditions.
PathfinderWV.com may include discussion forums, blogs, profiles, product reviews or other interactive features or areas in which you or other users can create, post, upload, transmit, distribute or store content, such as comments, reviews, photos, videos, text, music, sound, , graphics, code or other materials on the pathfinderwv.com. User Content may be publicly-viewable along with profile information associated with your online account, but it does not include your com account information or information you submit in order to make a purchase. You agree that you are solely responsible for content you post and for your use of pathfinderwv.com, and that you use pathfinderwv.com at your own risk.
By using pathfinderwv.com you agree not to create, post, upload, transmit, distribute, or store any of the following:
- Content that is fake, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
- Content that displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful any user or consumer or that is contrary to any instructions or warnings relating to the product
- Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual's consent;
- Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Content that contains viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
- Content that restricts or inhibits any other person from using or enjoying the Sites or which may expose users to any harm or liability of any type.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that 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.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
Pathfinder of WV
235 High St
Morgantown, WV 26505