Terms and Condition
Welcome to Ava's Path, legally known as Parent Education and Stabilization Course, Corp (PESC) (“Organization”, “Ava's Path”, “we”, “us”, or “our”). Ava's Path offers a variety of resources and services aimed at supporting families through co-parenting challenges (collectively, the “Services”) through our website, accessible at www.avaspath.org and any and all associated domains, websites, and applications operated by Ava's Path. These include various online resources, information, documents, graphics, photos, images, audio, video, software, or other content or materials (the “Site”). Our services facilitate meaningful interactions and access to resources that can help improve family dynamics and co-parenting relationships.
Agreement to Terms
BY USING THE SITE, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS, WHICH TOGETHER WITH OUR PRIVACY POLICY GOVERN OUR RELATIONSHIP WITH YOU IN RELATION TO THE SITE AND THE SERVICES. IF YOU DISAGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, PLEASE DO NOT USE OUR PLATFORM.
Changes and Updates
Ava's Path reserves the right to modify the terms of this Agreement at any time without notice.To keep you informed of any significant changes, we will notify you via email and/or prominent notifications on our website before the changes take effect. Changes will be effective immediately upon posting to our website, superseding any prior versions of this Agreement unless those versions are specifically referenced or incorporated into the latest modification. We encourage you to regularly review this
Agreement and note the Effective Date to stay informed of any changes. Your continued use of the Site and Services after changes have been made constitutes acceptance of those changes.
Eligibility
Service usage is intended for individuals who are 18 years of age or older, or those who have reached the age of majority in their jurisdiction. By engaging with our site, you represent that you meet these age requirements.
Use License
Ava's Path grants you a non-exclusive, non-transferable license to access and use the content and services offered on our site strictly for your personal, non-commercial use. All proprietary content, trademarks, and copyrights are owned by Ava's Path and its licensors.
User Responsibilities
As a user of our site, you are responsible for your own actions in relation to the services and content provided. Misuse of the site's services or content is strictly prohibited and may result in termination of your access.
Disclaimer of Warranties
Ava's Path provides its website and services on an "as is" basis without any warranties, express or implied. We do not guarantee the accuracy, completeness, or timeliness of the information provided.
Restriction on the Use of Site Content
Ava's Path grants you a limited, personal, non-exclusive, non-commercial, revocable, and non-transferable license to access and utilize the content and services offered on our website exclusively for personal and non-commercial purposes. This section reiterates that the content provided by Ava's Path is strictly for personal use and not for commercial endeavors. Any use of our content for commercial purposes without explicit permission from Ava's Path is strictly prohibited.
Prohibited Conduct Includes:
• No Automated Data Collection: The use of automated systems or software to extract data from our website for commercial purposes ('screen scraping') is prohibited, unless expressly permitted by Ava's Path.
• False Information: Submitting false, misleading, or incomplete information is prohibited.
• Impersonation: Impersonating another person or entity, or falsely representing your affiliation with a person or entity, is not allowed.
• Unauthorized Modifications: Altering, adapting, or making derivative works from the content found on our website without prior written permission from Ava's Path is prohibited.
• Unauthorized Reproduction: Copying, redistributing, or republishing any content from our website without express permission from Ava's Path is forbidden.
• Interference: Interfering with or disrupting the services or servers or networks connected to our services, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature, is not permitted.
• Illegal Activities: Engaging in any unlawful activities through our website is strictly prohibited.
Ava's Path reserves the right to terminate or restrict access to our website and services to anyone at any time, without notice, for any reason, including but not limited to breach of these terms. It is your responsibility to ensure that your use of our site and services is in line with these guidelines and complies with all applicable laws.
Registration & Your Account
Browsing Ava's Path does not require registration. However, to access our non-commercial offerings , such as submitting donations or receiving newsletters, registration and creation of an account on our site are necessary. You are allowed to create and maintain only one account for personal use and are prohibited from sharing your account or services with others. Account creation on behalf of another individual is not permitted unless explicitly authorized.
Parents or guardians may register accounts on behalf of minors under the age of 18, or the age of majority in your jurisdiction, for the benefit of accessing appropriate services. All information provided during account registration must be accurate and complete. Impersonation or providing misleading information is strictly prohibited.
It is your responsibility to maintain the accuracy and confidentiality of your account information, including your username and password. You must not disclose your password to anyone, nor use another user's account details. Any unauthorized use of your account or security breaches must be reported to Ava's Path immediately.
Account holders are not to exchange personal contact information with other users for security reasons. Ava's Path reserves the right to suspend or terminate accounts due to inactivity, misuse, or any other reason, with a 7-day notice.
By registering, you confirm that you are not on any list of restricted persons with whom it is unlawful for a US entity to conduct business. Ava's Path operates primarily in the United States and adheres to its laws and regulations.
Donations and Financial Transactions
When making a donation, you may be asked to provide payment information such as a credit or debit card number. All financial transactions will be processed in US Dollars. Ensure that any payment card associated with your account is valid. Ava's Path is committed to ensuring the security of your financial transactions and will not request payment information through unsecured channels like email or text messages.
Ava's Path reserves the right to modify service charges or donation requirements without prior notice, reflecting changes in our operational needs or market conditions.
Prohibited Activities
As a 501(c)(3) nonprofit organization based in Florida, Ava's Path sets forth the following guidelines to ensure responsible use of our website and services:
● Cancellation Policy: If you need to cancel a donation or modify your newsletter subscription, please provide us with at least 24 hours' notice to accommodate your request efficiently.
● Non-Transferability: Registrations or subscriptions facilitated through Ava's Path are tailored to the individual and cannot be transferred to another person. Please ensure that any engagement with our services is intended for your use.
● Technical Issues and Rescheduling: If an event or service encounters technical issues due to circumstances within our control, we will endeavor to resolve these and, if necessary, reschedule at a time that suits all parties involved.
● Refunds: As a nonprofit, Ava's Path does not offer refunds on donations. If you have concerns or are dissatisfied with any aspect of our interaction, please reach out to us to discuss potential resolutions.
Service Modification
Ava's Path reserves the right to modify, supplement, discontinue, or update any of its services or content provided through our website at any time at our sole discretion. We may also change or impose fees for certain services provided through the website as necessary. As we continuously seek to improve and update our offerings, Ava's Path accepts no liability if these changes are not immediately reflected in this Agreement or if they affect active engagements.
Intellectual Property
Ava's Path retains all rights, titles, and interest in and to the services and content provided. Nothing in these terms shall be construed to restrict, impair, encumber, alter, deprive, or adversely affect our services or any of Ava's Path’s rights or interests therein or any other Ava's Path intellectual property, brands, information, content, processes, methodologies, products, or materials, whether tangible or intangible. All rights not expressly granted in these terms are reserved by Ava's Path.
Accessibility and Inclusivity
Ava's Path is committed to ensuring accessibility for all users, regardless of ability. We strive to provide services that are accessible to everyone, including individuals with disabilities. Our goal is to ensure that everyone can access the resources and support offered by Ava's Path without barriers. We continuously work to improve the accessibility features of our website and services, adhering to current standards and guidelines to provide an inclusive experience for all users. If you encounter any difficulties or have suggestions on how we can improve accessibility, please do not hesitate to contact us. Your feedback is invaluable in helping us serve all members of our community effectively
Feedbacks & Reviews
At Ava's Path, we highly value your input and encourage you to provide suggestions, comments, or other feedback regarding our services ("Feedback"). By using our site, you agree that we may contact you to participate in surveys that help us improve our offerings. Your participation in these surveys, although highly appreciated, is voluntary.
When you provide Feedback, even if you designate it as confidential, it does not create a confidentiality obligation for Ava's Path. Instead, by submitting Feedback, you grant Ava's Path a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use and exploit the Feedback in any manner and for any purpose. We may incorporate your suggestions into our services without further consent from you or compensation to you, and we may also use the Feedback for any other business purposes.
We value your insights as they play a crucial role in improving our offerings and helping us better serve the community. Your contributions through feedback may lead to enhanced functionalities and features that benefit all users of Ava's Path. We appreciate your understanding and your commitment to helping us create a supportive and effective environment for everyone we serve
Additionally, should any financial transactions occur, such as donations or payments for specific services, you are responsible for ensuring that a valid credit or debit card is linked to your account. All fees must be paid in advance and are processed in US Dollars. Ava's Path commits to maintaining the confidentiality of your personal data and will not request sensitive information like credit card details via unsecured communication channels. We advise you to protect your personal information diligently.
Please note that our services are designed for use in jurisdictions where they are lawful. Using our services in areas where they are prohibited by law is not authorized. Ava's Path reserves the right to amend the fees for our services at any time without prior notice.
Communications
By using our services, you consent to receive electronic communications from Ava's Path. These communications may include emails about your account, password changes, access updates, marketing information, transactional details, and other information related to the services and our website.
Internet Access & Charges
Accessing our website and services may consume a significant amount of data. Any fees paid for services through Ava's Path do not cover charges for internet usage. Standard messaging, data, and other fees may be charged by your carrier. You are solely responsible for any internet usage or charges that your internet service provider (ISP) or mobile carrier applies in relation to accessing our services. Fees and charges may
appear on your mobile bill or be deducted from your prepaid balance. It is your responsibility to manage the privacy and security of your mobile devices and to contact your carrier with any questions regarding compatibility or restrictions concerning mobile features.
Third Party Websites & Functionalities
Ava's Path's website may contain links to websites controlled, owned, and operated by third parties ("Linked Sites"). Additionally, third-party tools or services ("third-party tools") may be made available to you through our platform. Ava's Path makes no warranties or conditions regarding such third-party services, websites, or tools and will not be liable for any loss or damage caused by your use of or reliance on such third-party services, websites, or tools. Your use of third-party services, websites, or tools is at your own risk. The inclusion of a link to a third-party service or website, or the inclusion of third-party tools on our platform, should not be interpreted as an affiliation or a partnership with a third party, nor as an endorsement by Ava's Path. When you access any of these third-party services, websites, or tools, your rights and obligations will be governed by the agreements and policies of those third parties.
Interruption or Suspension of the Website
Ava's Path does not guarantee the uninterrupted operation and availability of our website. The site may occasionally be unavailable for various reasons, including but not limited to:
● Scheduled maintenance on servers and data lines;
● Emergency unscheduled maintenance and/or repairs on servers and data lines; ● Failures or errors by any service provider, including servers and data lines; ● Attacks on the security or system integrity of the site, including any denial of service attacks;
● The presence of viruses or malicious code on the pages that make up or are accessible from our site.
Ava's Path disclaims any liability for claims, costs, losses, or damages arising from any suspension or interruption of our website, regardless of the cause.
Data Protection and Privacy
At Ava's Path, we are committed to protecting the privacy and security of your personal data. All personal data you provide to us in connection with your use of our site is collected, stored, used, disclosed, and processed with the utmost care and responsibility.
How We Protect Your Data:
● Your data is used to personalize your experience, improve our website, process transactions, administer a contest, promotion, survey, or other site feature, and send periodic emails.The email address you provide may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
Data Sharing:
● We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
Compliance with Data Protection Laws:
● Although Florida does not currently have a comprehensive data protection law similar to the GDPR or CCPA, we strive to adhere to the best practices in data
protection. This includes respecting users' rights to access, correct, delete, or transfer their data and maintaining transparency about the data we collect and how it is use
Changes to Our Privacy Policy:
● If we decide to change our privacy policy, we will post those changes on this page, and/or update the Privacy Policy modification date below. We may also notify you by email or through a notice on our website homepage.
We encourage you to review our Privacy Policy, which is available on our site, for detailed information on how we protect, use, and share your data. By accepting these terms, you acknowledge that you provide your personal information at your own risk, understanding the measures we have in place to protect your privacy.
Indemnity
By using the site or services provided by Ava's Path, you agree, to the extent permitted by law, to indemnify and hold harmless Ava's Path, its directors, officers, employees, agents, contractors, affiliates, and licensors from and against any claims arising out of your breach of these terms, your use of the site or services, or any action taken by Ava's Path as a result of its investigation of a suspected violation of these terms or as a result of its finding or decision that a violation has occurred.
Dispute Resolution
In the event of a dispute arising between you and Ava's Path related to your use of the site or services, we strongly encourage an initial attempt to resolve the issue informally. Should such informal efforts be unsuccessful, we offer a structured process to resolve the dispute through mediation or arbitration.
We provide mediation as a first step, where an impartial mediator will assist both parties in reaching a voluntary agreement. If mediation does not resolve the dispute, arbitration may be considered as a binding alternative to litigation. Both parties agree that any claims or disputes will be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
This dispute resolution process is designed to provide a prompt, cost-effective alternative to litigation. By using Ava's Path’s services, you agree to arbitrate disputes in accordance with the rules of the arbitration provider chosen by Ava's Path, under the jurisdiction set forth in these Terms and Conditions.
Compliance and Jurisdiction
This Agreement and any disputes arising out of or related to the services provided by Ava's Path are governed by and construed in accordance with the laws of the State of Florida, USA. Both parties agree to submit to the exclusive jurisdiction and venue of the courts located in Miami-Dade County, Florida, for any legal actions, claims, or disputes not subject to arbitration as outlined in the Dispute Resolution section.
This jurisdictional choice reflects Ava's Path's base of operations and ensures compliance with applicable laws and regulations within the State of Florida.
Disclaimer & Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL MATERIALS DELIVERED TO YOU THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Ava's Path does not guarantee that the site or services will be uninterrupted or error-free, and you agree that the site may be removed at any time without notice to you. Ava's Path shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use or the inability to use the site or services.
Force Majeure
Neither party will be responsible for any failure to perform its obligations under these terms if the failure results from any cause beyond such party's reasonable control, such as natural disasters, fire, floods, earthquakes, acts of God, war, terrorism, governmental actions, or any other situation where performance is deemed impossible or impractical.
Governing Law & Jurisdiction
These terms and the relationship between you and Ava's Path shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. Both parties agree to submit to the personal and exclusive jurisdiction of the courts located in Miami-Dade County, Florida, for any disputes arising out of or related to your use of the site or services.
General Provisions
Any failure by Ava's Path to enforce a provision of these terms is not a waiver of its right to do so later. If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect. These terms constitute the entire agreement between you and Ava's Path regarding the use of the site and services.
Heads used in these terms are for convenience only and do not limit or otherwise affect the terms herein.
Indemnification and Liability
Indemnification
By using the site or services provided by Ava's Path, you agree, to the extent permitted by law, to indemnify and hold harmless Ava's Path, its directors, officers, employees, agents, contractors, affiliates, and licensors from and against any claims arising out of your breach of these terms, your use of the site or services, or any action taken by Ava's Path as a result of its investigation of a suspected violation of these terms or as a result of its finding or decision that a violation has occurred. This indemnification obligation reflects the nonprofit nature of Ava's Path and is designed to protect our ability to continue providing services.
Limitation of Liability
In no event will Ava's Path be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with your use of this website or services. This limitation of liability is consistent with the nature of a nonprofit organization and reflects the types of interactions expected on our website. It is intended to ensure that while we strive to provide valuable support and resources, we are also protected from claims that could impair our ability to operate. We encourage responsible and considerate use of our resources.
The limitations and responsibilities outlined in these sections are essential in ensuring that Ava's Path can continue to provide its services effectively and sustainably, while also managing legal and financial risks appropriately.
Governing Law
Any disputes arising out of or related to the Terms and Conditions and the services provided by Ava's Path shall be governed by and construed in accordance with the laws of the State of Florida.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS WAIVER AND RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE:
If you have any questions or comments regarding these Terms, please
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