Please read these terms and conditions carefully before using pathfinderwv.com. By accepting these terms you also accept our Privacy Policy and our Shipping and Returns Policy.
Definitions
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: United States
Company (referred to as either "the company", "We", "Us", "Our", or "Pathfinder" 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.
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.
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.
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.
Acknowledgment
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. Pathfinder does not permit those under 18 to use the service.
Your access to and use of the service is also conditioned on your acceptance of and compliance with the Privacy Policy of the company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when You use the service and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our website.
Trademarks
The Pathfinder of West Virginia logo and other company product or service names, logos or slogans that may appear on the website 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 website 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.
Termination
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 these 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 these 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 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 timeliness 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 extent enforceable under applicable law.
Purchases
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 website are also available in store while supplies last, but you should not assume that what you see on the website can always be seen in our stores. Prices displayed on the website 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 website; 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 site, 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 website 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 website 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 sole 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 website) 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 LTD makes every effort to ensure you are happy with your purchase. By accepting these terms you agree that you have read and accept our Shipping and Returns Policy. The Shipping and Returns Policy may be changed by us at any time. Please review the policy before placing an order on our website.
User Content
The website 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. 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 to 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 website or which may expose users to any harm or liability of any type.
Governing Law
The laws of the State of West Virginia, in the United States, excluding its conflicts of law rules, shall govern these terms and your use of the service. Your use of the website may also be subject to other local, state, national, or international laws.
Disputes Resolution
If you have any concern or dispute about the service, you agree to first try to resolve the dispute informally by contacting The Pathfinder of West Virginia.
Our service is intended for users in the contiguous United States and we do not ship products outside of this service area.
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
Severability
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.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these 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 nor constitute a waiver of any subsequent breach.
Translation Interpretation
These terms and conditions may have been translated. 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.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
