Thanks for using Pathway to a Promise (PTAP). These General Terms of Service ("General Terms"), along with any applicable Additional Terms (defined below) (collectively, the “Terms”) cover your use and access to the website, platform, products and services, (collectively, "Services") provided by PTAP Incorporated and any of our affiliates (collectively, "PTAP"). By using our Services, you agree to be bound by these General Terms as well as our Privacy Policy. If you are using our Services as the employee or agent of an organization, you are agreeing to these Terms on behalf of that organization. Please note that the statements set forth under the headings "More simply put" are provided as a courtesy solely for your convenience and are not legally binding or otherwise intended to modify these Terms in any way.
You must be the legal age of majority in your state of residence or otherwise able to form a binding contract with PTAP in order to use the Services. In no event is use of the Services permitted by those under the age of 13.
Trial Offers and Paid Accounts
When you create an account with Pathway to a Promise, you provide your payment information to us on the PTAP platform. PTAP may make available trial offers for the limited use of the Services on the platform to new customers who provide a valid payment instrument, such as a credit card or other payment method.
Beyond those Services that may be included in the Trial Offer, you may be asked to separately purchase individual documents from the platform before having access to them via download or through mail.
Please visit our Pricing page for specific pricing details as these terms may change on occasion. We reserve the right to change our pricing from time to time, but our price changes will always be prospective and not retroactive.
Refund Policy
We want you to be 100% satisfied with our Services. If there is a problem with the delivery of your Services or believe there has been an error in billing, please contact our Customer Service Department by email at [email protected] or by telephone at (626) 544-0316 immediately so that we can help you resolve the issue, provide a refund or offer credit that can be used for future Services when appropriate.
When contacting us, please include any details relating to the Services or Documents you have purchased so that we can ensure you are completely satisfied with your PTAP experience. All refund requests must be made within 30 days of purchase.
We also cannot refund any money paid by you directly to third parties, such as payments made by you directly to External Attorneys.
PTAP Legal Information is Not a Substitute for Legal Advice
PTAP provides a platform for legal information and self-help. Our Services do not include legal insurance or constitute an insurance product. The information provided by PTAP along with the content of our Service related to legal matters ("Legal Information") is provided for your private use and does not constitute legal advice. Except as part of a PTAP Legal Engagement (defined below), we do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation.
If you need legal advice for a specific problem, you should consult with a licensed attorney using our Attorney Review service. Legal Information provided by PTAP through its Service is not a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction. Communications between you and PTAP may not be protected as privileged communications under the attorney-client privilege or work product doctrine. Also, if you use the PTAP Attorney Review service, the communications between you and the attorney who answers your question may not be protected as privileged communications under the attorney-client privilege or work product doctrine.
Your use of the Services does not create an attorney-client relationship between you and PTAP, or between you and any PTAP employee or representative, unless you specifically enter into a PTAP Legal Engagement. Unless you are otherwise represented by an attorney, including an External Attorney, you represent yourself in any legal matter you undertake through our Services.
PTAP is not a "Lawyer Referral Service". The directory of lawyers published on our Service is provided for informational purposes only. PTAP does not endorse or recommend any attorney nor does it make any warranty as to the qualifications or competency of any attorney.
Interactions with Attorneys
When you use our Services, you will have the opportunity to submit legal questions and obtain advice from outside independent attorneys in the PTAP On Call® network, also referred to as On Call network attorneys (“External Attorneys”) or, in certain jurisdictions where we are authorized to provide legal advice, PTAP attorneys (“PTAP Attorneys”). You may also have an initial consultation or other interaction with an attorney prior to formally entering into an attorney-client relationship; these initial consultations or interactions are intended to be a starting point for dealing with your legal matter and do not necessarily constitute legal advice or create an attorney-client relationship.
External Attorneys (On Call network attorneys)
External Attorneys are neither employees nor agents of PTAP. External Attorneys are third-party independent contractors who carry their own malpractice insurance and have agreed to provide online answers, limited consultations or other legal services to PTAP members at discounted rates.
As a PTAP member, you will have the opportunity to engage an External Attorney to handle your legal matters. When you engage an External Attorney, the On Call Terms of Service will apply, along with these General Terms. Communicating with an External Attorney through PTAP's platform is NOT required. However, if you choose to communicate with an External Attorney through PTAP, please note the following:
When you contact an External Attorney through PTAP, any initial interactions and any attorney-client relationship formed during the course of that interaction is strictly between you and the External Attorney and expressly EXCLUDES PTAP.
When you contact an External Attorney through PTAP, he or she may ask you for some information regarding you and your legal affairs in order to properly address your questions. By using our Services, you consent to sharing such personally identifying information for the purpose of securing legal advice with both the requesting attorney and with PTAP. PTAP will not have access to information you provide directly to the External Attorney, except in cases where you do so through our platform, in which case we can access that information for fulfilment and quality assurance purposes.
When you contact an External Attorney through PTAP, you and the External Attorney control both the duration and scope of the interaction. Any attorney-client relationship formed during the course of that interaction may either
end when the interaction with the External Attorney ends, or
further legal services.
If you wish to create an attorney-client relationship with an External Attorney that extends beyond your use of our Services, that relationship will be on whatever terms you establish with the attorney in question. Those terms do NOT involve PTAP and, except for pre-negotiating special discounts for our members, we do not set, control or influence them. For example, the External Attorney may ask you to sign a formal representation agreement regarding the scope of work they will perform, the cost of their legal services, and the handling of any out-of-pocket expenses they may incur.
External Attorneys may be compensated by PTAP for Services performed on your behalf; however, PTAP does not receive any share of legal fees collected by any attorneys in our network. In all cases, PTAP will not influence or interfere in any way with any attorney's independent professional judgment. External Attorneys reserve the right to refuse to perform legal services on your behalf in their sole discretion.
PTAP does not endorse or recommend any External Attorneys. You should carefully evaluate the experience and qualifications of any External Attorney before hiring them as your lawyer. PTAP makes no representation or warranty as to the qualifications or competency of any External Attorney or as to the accuracy or completeness of any External Attorney's work.
PTAP SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY PROFESSIONAL SERVICES RENDERED BY ANY EXTERNAL ATTORNEY YOU ENCOUNTER ON OR THROUGH OUR SERVICES, AND ANY USE OR RELIANCE ON SUCH PROFESSIONAL SERVICES IS SOLELY AT YOUR OWN RISK.
Attorney Advertising Disclaimer
This website and its contents may be considered attorney advertising under the rules of certain jurisdictions.
External Attorney profiles on our Service are provided as a free public service, not a list of paid advertisements or endorsements. PTAP does not guarantee the accuracy of the information contained in any External Attorney profile. External Attorneys are third-party independent contractors solely responsible for the advice they give, the services they provide and the representations about themselves they make. You are solely responsible for assessing the quality, integrity, suitability and trustworthiness of all persons with whom you communicate regarding your legal needs. Prior results (for example, positive testimonials from prior clients) do not guarantee a similar outcome.
PTAP Attorney profiles and information that we make publicly available are provided for public information purposes, but are not intended to imply that PTAP can provide legal advice.
Termination of Account and Access Restriction
PTAP reserves the right, in its sole discretion, to terminate your account or access to the services offered on the website for any reason and at any time without prior notice. For example, we may suspend or terminate your use if you violate these Terms or use the Services in a manner that is disruptive, may expose us to legal liability or disrupt the use of others of the Services.
If PTAP elects to terminate your account, PTAP will provide you with notice at your registered email address. PTAP also reserves the right to modify or discontinue, either temporarily or permanently, any part of its Services. You agree that PTAP will not be liable to you or to any third party for any modification, suspension, or discontinuance of your account or access to the Services.
Consent to Receive Emails
By creating an account, you agree that you may receive communications from PTAP, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from promotional communications by clicking the "Unsubscribe" link in the footer of the actual email.
Intellectual Property Rights; License Grant
PTAP retains all right, title and interest in and to its products and Services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, articles, document templates and all related intellectual property rights. Except as otherwise provided in the Terms, you may not, and may not permit others to:
reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and Services (other than documents you create through your account, which you may use for your own personal use); sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and Services; or circumvent or disable any security or technological features of our products and Services.
The design, text, graphics and selection and arrangement of our Services and the forms, documents, guidance and all other content found on our Service ("Service Content") are copyright © Pathway to a Promise, Incorporated. All rights reserved.
Pathway to a Promise or PTAP Service (Service Content) names, logos or slogans displayed on our Service may not be copied, imitated or used, in whole or in part, without our prior written consent. In addition, the look and feel of PTAP is the service mark, trademark and/or trade dress of PTAP Incorporated and you may not copy, imitate or use it, in whole or in part, without our prior written consent. The names of actual companies and products you might encounter through us may be the trademarks of their respective owners. Nothing in these Terms or the Services should be understood as granting any license or right to use any of PTAP's or any third party's trademarks displayed on our Services. All goodwill generated from the use of PTAP's Logos, Images or Marks is reserved for the use of PTAP, exclusively.
Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as we intend for them to be used. As a registered PTAP user, you are the owner of and are fully authorized to keep, for your own personal records, electronic or physical copies of documents you have created on the PTAP website.
When you transmit public-facing user content on PTAP, you hereby grant PTAP and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, including throughout the world in any media. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation or compensation to you. You acknowledge and agree that PTAP is authorized to collect and use aggregated or anonymized information from or about you and other users and user-created documents for the purposes of researching, developing, improving and marketing its Services.
Resale or unauthorized copying, use, storage, display or distribution of forms, articles, documents or other materials copied or downloaded from our Service is strictly prohibited. Use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express written consent of PTAP. Any rights not expressly granted in these Terms are reserved by PTAP.
Links to Third Party Sites
PTAP's Service may contain links to third party resources and businesses on the Internet, called here "links" or "Linked Site(s)." Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you.
PTAP does not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. PTAP is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any Linked Sites.
If you use any service provided on a Linked Site, (a) PTAP will not be responsible for any act or omission of the third party, including the third party's access to or use of your customer data and (b) PTAP does not warrant or support any service provided by the third party.
Disclaimer of Representations and Liability
Please read this section carefully as it affects your rights
The information, software, products, and Services made available through PTAP may include inaccuracies or typographical errors. PTAP reserves the right at any time to modify, improve, suspend or deprecate certain features of our Services. Legal Information received via PTAP should not be relied upon exclusively for personal, medical, legal or financial decisions; rather, we recommend you use information from our Service in conjunction with the advice of a qualified professional tailored to your situation. In short, your use of our Services is at your own risk.
TO THE FULLEST EXTENT PERMITTED BY LAW, PTAP AND ITS AFFILIATES, SUBSIDIARIES, PROGRAM SPONSORS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS” AND “AS AVAILABLE." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA OUR SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS WITHOUT CONSULTING AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PTAP, ITS AFFILIATES, SUPPLIERS, PROGRAM SPONSORS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT PTAP HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, PTAP'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO PTAP FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION.
THE PARTIES EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Release and Indemnity
By using our Service, you, on behalf of yourself and your heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold PTAP, its partners (including any third-party companies engaged by PTAP to fulfill business formation, registered agent or other business filing orders), your Program Sponsor (if applicable) and its affiliates, and its and their respective officers, employees, directors and agents, harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Services. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to.
You agree to indemnify and hold PTAP, its partners (including any third-party companies engaged by PTAP to fulfill business formation, registered agent or other business filing orders), your Program Sponsor (if applicable) and its affiliates, and its and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Service, your violation of these Terms or your violation of any rights of another.
Program Sponsors are expressly intended third-party beneficiaries of the provisions of these Terms that expressly apply to Program Sponsors including, without limitation, this Section 17 (Release and Indemnity) and Section 12 (No Unlawful or Prohibited Use).
Dispute Resolution by Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting our Customer Service Department at [email protected]
However, if PTAP is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of the Services we mutually agree to resolve such dispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolution ("JAMS"). JAMS will administer any such arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Los Angeles (CA), or any other location as to which we may then mutually agree. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute.
Any notice to PTAP should be addressed to our offices located at: Pathway to a Promise, 907 S Myrtle Ave Monrovia, CA 91016.
You may only resolve disputes with PTAP on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
Notwithstanding our agreement to arbitrate our disputes as provided above, the following exceptions will apply to the resolution of disputes between us:
Either you or PTAP may assert claims, if they qualify, in small claims court in Los Angles, California or in any United States county where you live or work without first engaging in arbitration or the informal dispute-resolution process described above.
PTAP may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
In the event that the agreement to arbitrate provided herein is found to be inapplicable or unenforceable for any reason, then as a condition to your use of the Services we agree that any resulting judicial proceedings will be brought in the federal or state courts of Los Angeles, California, and by your use of the Services you expressly consent to venue and personal jurisdiction of the courts therein.
PTAP may, in the future, make changes to these provisions regarding dispute resolution and arbitration by providing notice in accordance with the "Modifications" section below.
Controlling Law
These Terms are governed by the law of California, U.S.A., unless preempted by U.S. federal law, without regard to conflict of law rules.
Entire Agreement
These Terms constitute the entire agreement between you and PTAP with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights other than as specifically stated in Section 17 of these Terms.
Waiver, Severability and Assignment
PTAP's failure to enforce a provision is not a waiver of its right to do so later. If a provision of these Terms is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting the intent of the unenforceable language as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. PTAP may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Modifications
We may revise these Terms from time to time, and will always post the most current version on our website. By continuing to use or access the website after the revisions come into effect, you agree to be bound by the revised Terms. We encourage users to periodically review the Terms to ensure that you understand them in their entirety.
If you have any questions or concerns, please visit our Help Page or Contact Us at any time.
North Carolina Residents
If you are a North Carolina resident, the following provisions will apply to your purchases from PTAP:
The disclaimers of warranties and limitations of liability herein will not apply to you.
These Terms will not be construed to limit your recovery of damages or other remedies.
These Terms will not be construed to require you to agree to jurisdiction or venue in any state other than North Carolina for resolution of disputes between you and PTAP.
Missouri Residents
If you are a Missouri resident, the following disclosure will apply to your purchases from PTAP:
The Services provided by PTAP are not an insurance product and are not regulated by the department of insurance, financial institutions and professional registration in the State of Missouri.