This website is operated by PathViz. Throughout the
site, the terms “we”, “us” and “our” refer to
PathViz. PathViz offers this website, including all
information, tools and services available from this
site to you, the user, conditioned upon your
acceptance of all terms, conditions, policies and
notices stated here. By visiting our site and/ or
purchasing something from us, you engage in our
“Service” and agree to be bound by the following
terms and conditions (“Terms of Service”, “Terms”),
including those additional terms and conditions and
policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users
of the site, including without limitation users who
are browsers, vendors, customers, merchants, and/ or
contributors of content. Please read these Terms of
Service carefully before accessing or using our
website. By accessing or using any part of the site,
you agree to be bound by these Terms of Service. If
you do not agree to all the terms and conditions of
this agreement, then you may not access the website
or use any services. If these Terms of Service are
considered an offer, acceptance is expressly limited
to these Terms of Service. Any new features or tools
which are added to the current store shall also be
subject to the Terms of Service. You can review the
most current version of the Terms of Service at any
time on this page. We reserve the right to update,
change or replace any part of these Terms of Service
by posting updates and/or changes to our website. It
is your responsibility to check this page
periodically for changes. Your continued use of or
access to the website following the posting of any
changes constitutes acceptance of those changes. Our
store is hosted on Shopify Inc. They provide us with
the online e-commerce platform that allows us to
sell our products and services to you.
By agreeing to these Terms of Service, you represent
that you are at least the age of majority in your
state or province of residence, or that you are the
age of majority in your state or province of
residence and you have given us your consent to
allow any of your minor dependents to use this site.
You may not use our products for any illegal or
unauthorized purpose nor may you, in the use of the
Service, violate any laws in your jurisdiction
(including but not limited to copyright laws). You
must not transmit any worms or viruses or any code
of a destructive nature. A breach or violation of
any of the Terms will result in an immediate
termination of your Services.
We reserve the right to refuse service to anyone for
any reason at any time. You understand that your
content (not including credit card information), may
be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of
connecting networks or devices. Credit card
information is always encrypted during transfer over
networks. You agree not to reproduce, duplicate,
copy, sell, resell or exploit any portion of the
Service, use of the Service, or access to the
Service or any contact on the website through which
the service is provided, without express written
permission by us. The headings used in this
agreement are included for convenience only and will
not limit or otherwise affect these Terms.
We are not responsible if information made available
on this site is not accurate, complete or current.
The material on this site is provided for general
information only and should not be relied upon or
used as the sole basis for making decisions without
consulting primary, more accurate, more complete or
more timely sources of information. Any reliance on
the material on this site is at your own risk. This
site may contain certain historical information.
Historical information, necessarily, is not current
and is provided for your reference only. We reserve
the right to modify the contents of this site at any
time, but we have no obligation to update any
information on our site. You agree that it is your
responsibility to monitor changes to our site.
Prices for our products are subject to change
without notice. We reserve the right at any time to
modify or discontinue the Service (or any part or
content thereof) without notice at any time. We
shall not be liable to you or to any third-party for
any modification, price change, suspension or
discontinuance of the Service.
Certain products or services may be available
exclusively online through the website. These
products or services may have limited quantities and
are subject to return or exchange only according to
our Return Policy. We have made every effort to
display as accurately as possible the colors and
images of our products that appear at the store. We
cannot guarantee that your computer monitor's
display of any color will be accurate. We reserve
the right, but are not obligated, to limit the sales
of our products or Services to any person,
geographic region or jurisdiction. We may exercise
this right on a case-by-case basis. We reserve the
right to limit the quantities of any products or
services that we offer. All descriptions of products
or product pricing are subject to change at anytime
without notice, at the sole discretion of us. We
reserve the right to discontinue any product at any
time. Any offer for any product or service made on
this site is void where prohibited. We do not
warrant that the quality of any products, services,
information, or other material purchased or obtained
by you will meet your expectations, or that any
errors in the Service will be corrected.
We reserve the right to refuse any order you place
with us. We may, in our sole discretion, limit or
cancel quantities purchased per person, per
household or per order. These restrictions may
include orders placed by or under the same customer
account, the same credit card, and/or orders that
use the same billing and/or shipping address. In the
event that we make a change to or cancel an order,
we may attempt to notify you by contacting the
e-mail and/or billing address/phone number provided
at the time the order was made. We reserve the right
to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers
or distributors. You agree to provide current,
complete and accurate purchase and account
information for all purchases made at our store. You
agree to promptly update your account and other
information, including your email address and credit
card numbers and expiration dates, so that we can
complete your transactions and contact you as
needed. For more detail, please review our Returns
Policy.
We may provide you with access to third-party tools
over which we neither monitor nor have any control
nor input. You acknowledge and agree that we provide
access to such tools ”as is” and “as available”
without any warranties, representations or
conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from
or relating to your use of optional third-party
tools. Any use by you of optional tools offered
through the site is entirely at your own risk and
discretion and you should ensure that you are
familiar with and approve of the terms on which
tools are provided by the relevant third-party
provider(s). We may also, in the future, offer new
services and/or features through the website
(including, the release of new tools and resources).
Such new features and/or services shall also be
subject to these Terms of Service.
Certain content, products and services available via
our Service may include materials from
third-parties. Third-party links on this site may
direct you to third-party websites that are not
affiliated with us. We are not responsible for
examining or evaluating the content or accuracy and
we do not warrant and will not have any liability or
responsibility for any third-party materials or
websites, or for any other materials, products, or
services of third-parties. We are not liable for any
harm or damages related to the purchase or use of
goods, services, resources, content, or any other
transactions made in connection with any third-party
websites. Please review carefully the third-party's
policies and practices and make sure you understand
them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding
third-party products should be directed to the
third-party.
If, at our request, you send certain specific
submissions (for example contest entries) or without
a request from us you send creative ideas,
suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or
otherwise (collectively, 'comments'), you agree that
we may, at any time, without restriction, edit,
copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to
us. We are and shall be under no obligation (1) to
maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to
any comments. We may, but have no obligation to,
monitor, edit or remove content that we determine in
our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic,
obscene or otherwise objectionable or violates any
party’s intellectual property or these Terms of
Service. You agree that your comments will not
violate any right of any third-party, including
copyright, trademark, privacy, personality or other
personal or proprietary right. You further agree
that your comments will not contain libelous or
otherwise unlawful, abusive or obscene material, or
contain any computer virus or other malware that
could in any way affect the operation of the Service
or any related website. You may not use a false
e-mail address, pretend to be someone other than
yourself, or otherwise mislead us or third-parties
as to the origin of any comments. You are solely
responsible for any comments you make and their
accuracy. We take no responsibility and assume no
liability for any comments posted by you or any
third-party.
Your submission of personal information through the
store is governed by our Privacy Policy. To view our
Privacy Policy.
Occasionally there may be information on our site or
in the Service that contains typographical errors,
inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. We
reserve the right to correct any errors,
inaccuracies or omissions, and to change or update
information or cancel orders if any information in
the Service or on any related website is inaccurate
at any time without prior notice (including after
you have submitted your order). We undertake no
obligation to update, amend or clarify information
in the Service or on any related website, including
without limitation, pricing information, except as
required by law. No specified update or refresh date
applied in the Service or on any related website,
should be taken to indicate that all information in
the Service or on any related website has been
modified or updated.
In addition to other prohibitions as set forth in
the Terms of Service, you are prohibited from using
the site or its content: (a) for any unlawful
purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any
international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d)
to infringe upon or violate our intellectual
property rights or the intellectual property rights
of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or
any other type of malicious code that will or may be
used in any way that will affect the functionality
or operation of the Service or of any related
website, other websites, or the Internet; (h) to
collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl,
or scrape; (j) for any obscene or immoral purpose;
or (k) to interfere with or circumvent the security
features of the Service or any related website,
other websites, or the Internet. We reserve the
right to terminate your use of the Service or any
related website for violating any of the prohibited
uses.
We do not guarantee, represent or warrant that your
use of our service will be uninterrupted, timely,
secure or error-free. We do not warrant that the
results that may be obtained from the use of the
service will be accurate or reliable. You agree that
from time to time we may remove the service for
indefinite periods of time or cancel the service at
any time, without notice to you. You expressly agree
that your use of, or inability to use, the service
is at your sole risk. The service and all products
and services delivered to you through the service
are (except as expressly stated by us) provided 'as
is' and 'as available' for your use, without any
representation, warranties or conditions of any
kind, either express or implied, including all
implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement. In
no case shall PathViz, our directors, officers,
employees, affiliates, agents, contractors, interns,
suppliers, service providers or licensors be liable
for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or
consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any
similar damages, whether based in contract, tort
(including negligence), strict liability or
otherwise, arising from your use of any of the
service or any products procured using the service,
or for any other claim related in any way to your
use of the service or any product, including, but
not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred
as a result of the use of the service or any content
(or product) posted, transmitted, or otherwise made
available via the service, even if advised of their
possibility. Because some states or jurisdictions do
not allow the exclusion or the limitation of
liability for consequential or incidental damages,
in such states or jurisdictions, our liability shall
be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless
PathViz and our parent, subsidiaries, affiliates,
partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any
claim or demand, including reasonable attorneys’
fees, made by any third-party due to or arising out
of your breach of these Terms of Service or the
documents they incorporate by reference, or your
violation of any law or the rights of a third-party.
In the event that any provision of these Terms of
Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall
be deemed to be severed from these Terms of Service,
such determination shall not affect the validity and
enforceability of any other remaining provisions.
The obligations and liabilities of the parties
incurred prior to the termination date shall survive
the termination of this agreement for all purposes.
These Terms of Service are effective unless and
until terminated by either you or us. You may
terminate these Terms of Service at any time by
notifying us that you no longer wish to use our
Services, or when you cease using our site. If in
our sole judgment you fail, or we suspect that you
have failed, to comply with any term or provision of
these Terms of Service, we also may terminate this
agreement at any time without notice and you will
remain liable for all amounts due up to and
including the date of termination; and/or
accordingly may deny you access to our Services (or
any part thereof).
The failure of us to exercise or enforce any right
or provision of these Terms of Service shall not
constitute a waiver of such right or provision.
These Terms of Service and any policies or operating
rules posted by us on this site or in respect to The
Service constitutes the entire agreement and
understanding between you and us and govern your use
of the Service, superseding any prior or
contemporaneous agreements, communications and
proposals, whether oral or written, between you and
us (including, but not limited to, any prior
versions of the Terms of Service). Any ambiguities
in the interpretation of these Terms of Service
shall not be construed against the drafting party.
These Terms of Service and any separate agreements
whereby we provide you Services shall be governed by
and construed in accordance with the laws of 3138
Highland Blvd., Mound, MN, 55364, United States.
You can review the most current version of the Terms
of Service at any time at this page. We reserve the
right, at our sole discretion, to update, change or
replace any part of these Terms of Service by
posting updates and changes to our website. It is
your responsibility to check our website
periodically for changes. Your continued use of or
access to our website or the Service following the
posting of any changes to these Terms of Service
constitutes acceptance of those changes.
Questions about the Terms of Service should be sent
to us at
[email protected]
