Terms of Use

Effective Date: December 8, 2023

These Terms of Use (“Terms”) set forth a legally binding agreement between you and RESI LABS PATHWAY OPCO LP and its affiliates and subsidiaries (collectively, “Pathway,” “we,” “our,” or “us”), and govern your use of www.yourpathway.com along with any application, or other online service operated by Pathway (the “Site”), unless those websites, applications, or other online services have posted separate or additional terms of use.

By using the Site, you agree to these Terms, and acknowledge that our collection, use, and sharing of your information and other activities is described in our Privacy Policy as updated from time to time.

We may assign this agreement between you and Pathway to any party at any time without providing notice to you. You may not assign your rights under this agreement, by operation of law or otherwise, without our prior written consent.

This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions, and by using this Site, you represent that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements.

It is important to read the Terms carefully as some of the provisions affect your legal rights and these Terms include an agreement to resolve any disputes through binding arbitration that includes a class action waiver, as well as important disclaimers, warranties and limitations on liability. If you do not agree to these Terms, please do not use the Site.

Modifications

We may modify these Terms, in whole or in part, from time to time in our sole discretion, effective immediately upon posting modified Terms to the Site and, if you are an account holder, by communicating them to you. If you are an account holder, by not terminating your account (“Account”) within seven (7) days after our providing a notice of modifications to the Terms as described above or by continuing to use or access the Site or any of its services after modified Terms are posted to the Site, you agree to comply with, and be bound by, such modifications. Unless explicitly stated otherwise, any future offer made available to you on the Site that augments or otherwise enhances the current features of the Site shall be subject to these Terms.

Accounts

You may choose to or need to register for a Pathway Account to access some aspects of our services. Registering for an Account is optional, but if you do not register for an account, you will not be able to access certain aspects of our services.

By registering for an Account, you certify that:

•  You are 18 years of age or older
•  You have a valid U.S. Social Security number
•  Any information you provide to us, both when you register and in the future, is and will be true, accurate, current and complete
•  You are only registering an account for yourself
•  You will keep all information up-to-date
•  You will create a unique password to create and access your Pathway account that is unique to Pathway and not re-used across other, unaffiliated services.

You must not sell, transfer, or assign your account to anyone else. You must keep your password confidential, you must not share it and you may not allow anyone else to log into our Site as you. You are responsible for all activities that occur under your member account. If you believe that your account is no longer secure, notify us immediately using the contact information below.

If you do not maintain current, accurate, and complete information with us, we may have to suspend or terminate your Account.

Content

All text, graphic, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content contained on the Site is owned and controlled by us and/or our licensors. The Content is protected by trade dress, copyright, patent, trademark, and other intellectual property and unfair competition laws. It is for your own personal and non-commercial use only, and we grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license for that purpose, subject to your strict compliance with these Terms. Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute, or transmit the Content without our prior express written permission. Any unauthorized use of the Content will terminate the limited license granted by us. All other trademarks not owned by us that appear in connection with the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Your Conduct

By using the Site, you agree not to upload, post, email, or otherwise send or transmit any material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site. You also agree not to interfere with the servers or networks connected to the Site or to violate any of the procedures, policies, or regulations of networks connected to the Site, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Site; (2) engage in any activity in connection with the Site that is fraudulent, unlawful, false or misleading, libelous, slanderous, defamatory, harmful, tortious, vulgar, invasive of another’s privacy, sexually explicit, offensive, obscene, profane, violent, threatening, harassing, abusive, or otherwise inappropriate; (3) use the Site for any unlawful purpose; (4) resell or export the software associated with the Site; (5) use the Site for any commercial or political purpose; (6) copy, derive, edit, translate, decompile, reverse engineer, modify, use, or reproduced any code or source relating to the Site; (7) interfere with the proper operation of any security measure used by the Site; (8) cause to appear any expanding button, banner advertisement, exit window, pop-up, pop-under, or anything else which minimizes, covers, or otherwise inhibits the full display of the Site; (9) or use any crawl, index, spider, click spam, macro programs, deep-link, page-scrape, robot, Internet agent or other automatic device, program, algorithm, or methodology, which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input or store information, search or generate searches, or monitor any portion of the Site.

Third-Party Interactions

The Site may contain, as a convenience to you, content, links, and other information submitted by third parties over whom we have no control or responsibility. We have no obligation to monitor, control, or restrict the use of the Site, or third-party websites or services accessible via links available as part of the Site. These other websites or services are not under our control, and you acknowledge that (whether or not such websites or services are affiliated in any way with us) we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites or services. The inclusion of such a link does not imply endorsement of any website or service by us or any association with its operators.

Separate Terms and Conditions.

From time to time in connection with your use of the Site or other interactions with us, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms. You should read carefully any such additional terms and conditions. Unless otherwise expressly stated, any such terms will not vary or replace these Terms regarding any use of the Site.

Charges for Using the Site

We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. In no event, however, will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. If at any time we require a fee for portions of the Services that are currently free, we will provide you with advance notice of such fees. All new fees, if any, will be posted prominently on the Site and in other appropriate locations, and you shall pay all fees and charges incurred through your account at the rates in effect for the applicable billing period. You may also be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility. You shall pay all applicable taxes relating to use of the Services.

Accuracy of Information

Although we attempt to maintain the integrity and accuracy of the information on the Site, we make no guarantees as to its correctness, completeness, or accuracy. The Site may contain typographical errors, inaccuracies, or other errors or omissions. We disclaim any duty or obligation to update any such information, including news and press releases about us, and your reliance on information contained in these materials is at your own risk. We do not guarantee that the information we present as part of our Site, including information relating to creditworthiness or eligibility for loans or other financial products, is the same information that may be used or reviewed by a third party to assess your creditworthiness or eligibility for any particular product or service or for employment.

Use of Information Submitted

By uploading, posting, emailing, transmitting, or otherwise making available any information or material to us (“User-Provided Content”), you grant us a perpetual, irrevocable, royalty-free, transferable right and license to use, reproduce, display, perform, adapt, modify, delete in its entirety, publish, translate, create derivative works from, or distribute (or have distributed) such User-Provided Content and/or incorporate such User-Provided Content into any form, medium, or technology throughout the world without compensation or acknowledgement to you. You represent and warrant that you own or otherwise control all rights in and to any such User-Provided Content, and that our publication and use of your User-Provided Content will not infringe or violate the rights of any third party.

When you choose to provide information to the Site, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.

You can remove your User-Provided Content by specifically deleting it. We will delete personal information in accordance with our Privacy Policy [link]. Pathway is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User-Provided Content.

Infringement of Rights

You may not use our Site in any manner that infringes the rights of any third party. If you believe, in good faith, that any of our content infringes your copyrights, you may send a notice of infringement (“Notice”) under the federal Digital Millennium Copyright Act (“DMCA”) by email or regular mail to:

Attn: Legal Dept.
Pathway Homes
3131 McKinney Avenue, Suite 340
Dallas, TX 75204

To find out more about what you must include in the Notice and about the procedures we will follow, click here to read the DMCA.

Pathway reserves the right to block or otherwise prohibit in our sole discretion any individual who repeatedly posts materials that are alleged to infringe the intellectual property rights of others.

Disclaimer

We provide the Site “as is” and without any representation, warranty, or condition, whether express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. We assume no liability or responsibility for any errors or omissions with or on the Site; any failures, delays, or interruptions with the Site; any losses or damages arising from the use of the Site, including, without limitation, any damage to your mobile device; or any conduct by users of the Site. We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site or suspend your access to the Site. Use of our Site is not a replacement for personal, professional advice or assistance regarding your finances, credit history or fixing your credit rating.

Limitations of Our Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE (OR ANY OF OUR AFFILIATES) BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SITE, (B) THESE TERMS, (C) YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE, OR (D) A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY AND ALL CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER CLAIMS ARISING OUT OF OR RELATING TO (I) THIS AGREEMENT, (II) YOUR USE OR INABILITY TO USE THE SITE OR RELATED SERVICES, (III) YOUR USE OF ANY INFORMATION PROVIDED BY US OR ON THE SITE, (IV) ANY UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR (V) ANY ACTION OR INACTION OF ANY OTHER USER IS LIMITED TO THE SUM OF $100. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity

You agree to indemnify and hold us, our affiliates, and each of our shareholders, directors, officers, employees, agents, and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of your use of the Site or your violation of any law or the rights of any third party.

Governing Law, Arbitration and Class Action Waiver

THIS ARTICLE INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING). PLEASE READ IT CAREFULLY. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT OUT PROCEDURE DESCRIBED BELOW.

These Terms, their subject matter and their formation, including any arbitration proceeding outlined below, shall be governed by the laws of the Texas, without application of its principles on conflict of laws that would require application of the laws of any other jurisdiction. Any arbitration proceedings will be conducted in Dallas, Texas.

Arbitration Agreement: Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to these Terms or your use of the Site, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Pathway. However, this arbitration agreement does not (a) govern any Claim by Pathway for infringement of its Intellectual Property or access to the Site that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual, you may opt out of this arbitration agreement within thirty (30) days of the first of the date your access or use the Site by following the procedure described below.

You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Pathway are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.

The arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms).

Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, Pathway will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.

If you do not want to arbitrate disputes with Pathway and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@yourpathway.com within thirty (30) days of the first date you access or use the Site.

CLASS ACTION WAIVER: ANY CLAIM MUST BE BROUGHT IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING (“CLASS ACTION”). THE PARTIES EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM. IF THE CLAIM IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT ANY CLASS ACTION NOR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR. THE PARTIES UNDERSTAND THAT ANY RIGHT TO LITIGATE IN COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, OR TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION, IS WAIVED, AND THAT ANY CLAIMS MUST BE DECIDED INDIVIDUALLY, THROUGH ARBITRATION.

If the above class action waiver is found to be unenforceable, then the entirety of the arbitration agreement in these Terms if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Pathway each waive any right to a jury trial.

Waiver and Severability

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Investigations; Cooperation with Law Enforcement

We reserve the right to investigate and prosecute any suspected breaches of these Terms and to otherwise monitor our services and the site electronically. We may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.

Feedback

You may provide us feedback, comments, and suggestions for improvements to the Site (“Feedback”), which are separate from User-Provided Content. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose. Pathway is not and will not be obligated to compensate you for its use of Feedback.

Contact Us

If you have any questions about these Terms or the Site, please contact us at:

Pathway Homes
3131 McKinney Avenue, Suite 340
Dallas, TX 75204

legal@yourpathway.com

Last Modified: April 11, 2024

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