terms and conditions

Last updated: November 18, 2024

Interpretations and Definitions

Words with initial capitalization have meanings defined below. These definitions apply regardless of whether they appear in singular or plural form.

• Affiliate: An entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
• Account: A unique account created for You to access our Service or parts of our Service.
• Country: Refers to Illinois, United States.
• Company: (referred to as either "the Company," "We," "Us," or "Our" in this Agreement) Refers to SteverandCo LLC DBA Pathfinder Local.
• Device: Any device that can access the Service, such as a computer, cellphone, or digital tablet.
• Free Trial: A limited period of time, granted at the sole discretion of the Company, that may be offered free of charge when purchasing a Subscription.
• Service: Refers to Pathfinder Local’s services, accessible via pathfinderlocal.com or other digital platforms, and any other marketing, consulting, or "done-for-you" services provided.
• Subscriptions: The services or access to the Service offered on a subscription basis by the Company to You.
• Terms and Conditions: (also referred to as "Terms") These Terms and Conditions form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service: Any services or content (including data, information, products, or services) provided by a third party and displayed, included, or made available via the Service.
• Website: Refers to Pathfinder Local, accessible from pathfinderlocal.com.
• You: The individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These Terms govern the use of this Service and form the agreement between You and the Company. By accessing or using the Service, You agree to be bound by these Terms. You must acknowledge and agree to these Terms by selecting a checkbox at the time of sign-up. If You do not agree, You may not access the Service.

You confirm that you are over the age of 18. The Company does not permit users under 18 to use the Service.

Subscriptions

Subscription Period

Our Service is available on a paid Subscription basis. You will be billed in advance on a recurring and periodic basis (e.g., monthly or annually), depending on the plan you select.

Subscription Cancellation

You may cancel Your Subscription in writing by contacting Us at [email protected]. Cancellation requests must be made at least 14 days before the next billing cycle.

Renewal Notifications

For annual subscriptions, the Company will send a renewal notification email at least 30 days prior to the renewal date. This email will include the upcoming renewal date, the amount to be charged, and instructions on how to cancel if You choose not to renew.

Free Trial

Free Trials may be offered at the Company’s sole discretion and are subject to the following terms:

• Free Trials may require valid billing information at sign-up.
• No charges will be made until the trial expires. If You do not cancel the trial before its expiration, the Subscription fee for the selected plan will automatically be charged.
• The Company reserves the right to modify or terminate Free Trials without notice.

Refunds

You are eligible for a full refund if the Subscription is canceled within the first 30 days of service. After the first 30 days, Subscription fees are non-refundable.

Refunds will only be processed after receipt of a written cancellation notice in compliance with the cancellation policy.

Billing and Payment

• You must provide accurate billing information, including full name, address, and payment method.
• If automatic billing fails, we may issue an invoice, which must be paid manually by the deadline provided.
• Changes in fees, including third-party services (e.g., email or phone providers), will be communicated through the Support page or email notices.

Data Retention Policy

Upon termination of your account, your data will be retained for a period of 90 days. During this time, you may request a copy of your data by contacting us at [email protected]. After this retention period, all personal and uploaded data will be securely deleted unless required by applicable law or for legitimate business purposes.

User Conduct

You agree to use the Service only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit the use of the Service by any other party. Prohibited behavior includes, but is not limited to, harassment, causing distress or inconvenience to others, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Service.

Prohibited Uses

You may not use the Service to:

• Violate any local, state, national, or international law.
• Infringe upon the intellectual property or privacy rights of others.
• Upload, share, or distribute any content that is unlawful, defamatory, obscene, or otherwise objectionable.
• Engage in spamming, phishing, or other fraudulent activities.

Third-Party Dependencies

The Service may integrate with or rely on third-party platforms, such as GoHighLevel, for its functionality. The Company is not responsible for disruptions, limitations, or changes caused by these third-party providers, nor does it guarantee uninterrupted access to their services. Users are subject to the terms and conditions of such third-party services.

Copyright and Intellectual Property

All content, materials, tools, and software made available through the Service are the intellectual property of the Company or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Service solely for its intended purpose. Any unauthorized reproduction, modification, or distribution of this content is strictly prohibited.

Privacy Shield for Client Data

Users are solely responsible for ensuring that all client data uploaded to the Service complies with applicable laws, including but not limited to the CAN-SPAM Act, GDPR, and Illinois privacy laws. The Company does not verify or validate uploaded data and is not liable for any misuse or unauthorized use of such data.

Modifications to the Service

The Company reserves the right to modify, suspend, or discontinue any part of the Service at any time without prior notice or liability. We will make reasonable efforts to inform you of significant changes through email or updates on our website.

Force Majeure

The Company shall not be held liable or responsible for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, labor strikes, pandemics, power outages, internet failures, or failures of third-party service providers (including hosting or payment processing providers). In such cases, the Company’s obligations will be suspended for the duration of the event.

Service Disclaimer

Marketing outcomes, such as leads, revenue, or customer acquisition, depend on external factors, including competition, user engagement, market conditions, and platform policies (e.g., Google, Facebook). The Company makes no guarantees about specific results and is not liable for the performance of third-party platforms.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney’s fees) arising from your use of the Service, violation of these Terms, or violation of any law or the rights of a third party.

Limitation of Liability

To the fullest extent permitted by Illinois law, the Company’s liability is limited to the amount you paid through the Service or $100, whichever is greater. This limitation does not apply to damages arising from gross negligence, fraud, or willful misconduct.

Termination for Breach

The Company may terminate or suspend your access to the Service immediately, without prior notice or liability, if you breach any provision of these Terms. Fees paid prior to termination are non-refundable, and outstanding fees remain payable.

Dispute Resolution: Arbitration Agreement

Agreement to Arbitrate: All disputes arising out of or related to these Terms or the Service shall be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association (AAA).

Arbitration Process: The arbitration shall take place in McHenry County, Illinois. The arbitrator’s decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.

Class Action Waiver: You agree to resolve disputes with the Company on an individual basis. Class arbitrations or class actions are not permitted.

Exceptions: You or the Company may seek injunctive relief or enforcement of intellectual property rights in state or federal courts located in Illinois, if necessary.

Costs: Each party shall bear its own costs, except as otherwise required by applicable arbitration rules or agreed upon in writing.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

No Waiver

The failure of the Company to enforce any right or provision of these Terms shall not be considered a waiver of those rights. If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in effect.

Entire Agreement

These Terms constitute the entire agreement between You and the Company regarding the use of the Service and supersede all prior and contemporaneous agreements, understandings, or representations, whether written or oral.

Notice

All notices required or permitted under these Terms shall be sent via email to [email protected] or through our website’s designated support form.

Governing Law

These Terms are governed by the laws of the State of Illinois, excluding its conflict of law provisions.

Contact Us

• By email: [email protected]
• By phone: 847-600-4476