TERMS AND CONDITIONS

TERMS AND CONDITIONS
The Terms of Use set forth in this document (“Terms”) apply to the Down Syndrome Guild’s (“DSG”) Pathways ™ website (www.pathways321.org), and any associated services or functionality that may be contained, accessed or provided therein (collectively, the “Website”).
Acceptance of the Terms of Use.
These Terms are entered into by and between you and Down Syndrome Guild (“DSG”) and govern your access and use of the Website.  Please read these Terms carefully before you start to use the Website.  If you are under 18 years of age, please be sure to review the Terms with your parent or guardian.  By accessing or using the Website, you agree to be bound by all of the Terms, and our Privacy Policy accessible via our website homepage (the Terms together with the Privacy Policy are referred to as the “Agreement”).  You acknowledge that, in providing you access to and use of the Website, DSG has relied on your agreement to be legally bound by these Terms.  You may not use the Website (or any part thereof) if you do not agree to be bound by these Terms.
Changes to the Terms.
DSG may revise and update these Terms from time to time in our sole discretion, without further notice to you.  All changes are effective immediately when DSG posts them, and apply to all access to and use of the Website thereafter.  Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.
Access to the Website.
DSG reserves the right to withdraw or amend the Website at our sole discretion without notice. DSG will not be liable if for any reason all or any part of the Website is unavailable at any time or for any reason.  From time to time, DSG may restrict users’ access to some parts of the Website, or the entire Website, to users.
Limitation on Use.
You may access and use the Website only for lawful purposes and in accordance with these Terms.  You agree to not use the Website: (i) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); (ii) to post or transmit any content that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; or (iii) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by DSG, may harm DSG or users of the Website or expose them to liability.  You further agree to not (i) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (ii) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; or (iii) otherwise attempt to interfere with the proper working of the Website.
Accuracy.
Although DSG attempts to keep the materials contained within the Website current and accurate, DSG is under no obligation to update such materials.  DSG shall not responsible or in any way liable for any errors, omissions or inaccuracies in the Website, whether arising from negligence or otherwise, or for any consequences arising therefrom.
Intellectual Property Rights.
The Website and its entire contents and features (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof related to the Website) are owned by DSG, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or other proprietary interest of DSG or other third parties.  All rights reserved.
These Terms permit you to use the Website for your personal, non-commercial use only.  You may not reproduce, republish, modify, distribute, or publicly display materials from the Website; except that you may download or print one copy of materials from the Website for your own personal, noncommercial use, provided you retain all applicable copyright and other proprietary notices and disclaimers.  Any other use of the materials is strictly prohibited without prior express written permission of the applicable rights holder(s). For questions or requests for permission, please contact the Down Syndrome Guild at 5960 Dearborn, Suite 100, Mission, KS 66202; or call (913) 384-4848.
If you breach any of these intellectual property rights terms, your right to use the Website will terminate immediately and you must, at our option, return or destroy any copies of the materials you have made.
Trademarks.
All of our and our affiliates’ trademarks, service marks and trade names including, without limitation, the Down Syndrome Guild and Pathways names and the DSG and Pathways logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the DSG or its affiliates or licensors. You may not use such marks without the prior express written permission of DSG.  All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners and may not be used without permission from the owner.
Children’s Privacy.
DSG is committed to protecting the privacy of children.  The Website is offered to and intended for adults and young adults age 13 and over, and is not intended for or designed to attract children under the age of 13 (an individual under the age of 13 is referred to as “Child” in these Terms).  While some sections of the Website may be of interest to a Child, DSG does not request, seek or intentionally collect personal information from any Child.  If you are a Child, do not provide any information on this Website or through any of its features.   If DSG determines it has collected or received personally identifiable information from a Child without verification of parental consent, DSG will attempt to alert such child’s parent or guardian of the information and will provide instructions on how the parent or guardian can delete the information, if so desired.
Links to Third Party Websites.
If the Website contains links to other websites provided by third parties, such third party links are provided solely as a convenience and not as a guarantee, warranty, or recommendation by DSG of the third party links or as an indication of any affiliation, sponsorship or endorsement of such third party links.  DSG has no control over the contents of those websites, expressly disclaims any responsibility for the content thereof, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
Disclaimer. 
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DSG, ON ITS BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, 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 LIMITING THE GENERALITY OF THE FOREGOING, DSG MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE RELIABILITY, CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE WEBSITE; THAT THE WEBSITE MAY BE RELIED UPON FOR ANY REASON; THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED; THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE COMPONENTS; OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR EXPECTATIONS.
Limitation on Liability.
TO THE MAXIMUM EXNTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DSG OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT IN THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.  YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP ACCESSING THE WEBSITE.
Indemnification.
You agree to defend, indemnify, and hold harmless DSG, its affiliates, licensors and service providers, and all of their respective directors, officers, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, cost, fees and expenses (including reasonable attorneys’ fees and litigation expenses) arising out of or relating to your use of the Website or any violation by you of these Terms.
Entire Agreement
Except as expressly provided in a particular “legal notice” on any portion of our Website, the Agreement (including these Terms and our Privacy Policy) constitute the sole and entire agreement between you and DSG regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.