Terms of Use

Last updated: September 19, 2023

These Terms of Use, together with the Job Path, Inc. (“Job Path”) Privacy Policy, set forth the terms and conditions (“Terms”) that apply to your access and use of the Job Path’s website located at www.JobPathnyc.org (together, the “Site”). Job Path includes Job Path’s officers, directors, employees, consultants, and agents.

By using or accessing the Site you agree to these Terms, as updated from time to time in accordance with Section 7 below. These Terms state that any disputes between you and Job Path must be resolved in arbitration or small claims court.

Website Access. To use the Site, you must be at least eighteen (18) years of age.
Prohibited You agree not to:
1. Use the Site for any illegal purpose, or in violation of any local, state, national, or international law;
2. Violate or encourage others to violate the rights of third parties, including intellectual property rights;
3. Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
4. Interfere in any way with security-related features of the Site;
5. Interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, or attempting to collect personal information about users or third parties without their consent;
6. Access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without Job Path’s express written permission; or
7. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, or falsifying your identity or any information about you, including age or date of birth.
Third Party Content. The Site may contain links to third party websites and services. Job Path provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that Job Path has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content. Job Path 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 any such third party websites or services.
Intellectual Property. This Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Site belong to Job Path, except third-party trademarks or service marks, which are the property of their respective owners.

We respect intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:

identification of the copyrighted work or a representative list of copyrighted works claimed to have been infringed;
identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Our designated agent is:

General Counsel
Job Path, Inc.
256 W. 38^th Street, 2d Floor
New York NY 10018

212-944-0564, ext. 230
generalcounsel@jobpathnyc.org

Upon receipt of a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will expeditiously remove or disable access to the allegedly infringing content. Please note that United States law provides significant penalties for falsely submitting a notice of copyright infringement.

You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless Job Path from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. Job Path reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
If you violate these Terms, your permission to use the Site will automatically terminate.
Modification of the Terms. Job Path reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site. Such modifications and additional terms and conditions will be effective immediately when we post the revised Terms on the Site. Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms.
Disclaimers of Warranties. The Site provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although Job Path seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies. Job Path specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Site. Job Path does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site. If applicable law does not allow the exclusion of some or all of the above warranties, the above exclusions will apply to you to the fullest extent of the law.

Job Path reserves the right to change any and all content contained in the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Job Path.

Limitation of Liability. In no event will Job Path be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not Job Path has been informed of the possibility of such damage. If applicable law does not allow the exclusion or limitation of certain damages, Job Path’s liability in such jurisdictions shall be limited to the extent permitted by law.
Governing These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Subject to Section 11, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and Job Path agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within New York County, New York, for the purpose of litigating all such disputes. You further agree to accept service of process by mail. By using the Site, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.
Dispute Resolution by Binding Arbitration. In the interest of resolving disputes between you and Job Path in the most expedient and cost effective manner, you and Job Path agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration or litigation under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.
Modification of the Site. Job Path reserves the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you. You agree that Job Path will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.
1. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between you and Job Path regarding your use of and access to the Site, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
2. No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
3. No Third Party Beneficiaries. Except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms. Neither party will make any commitment, by contract or otherwise, binding upon the other party or represent that it has any authority to do so.
4. Assignment. You must not assign these Terms or any rights or obligations herein without the prior written consent of Job Path and any attempted assignment in contravention of this provision is null and void and of no force or effect. Job Path has the right to assign these Terms, and any of its rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors and permitted assigns.
5. Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
6. Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
Contact Information. Please direct any questions, complaints, or claims related to the Site to info@jobpathnyc.org.