Pave Terms Of Service
Date of Last Revision: 3/19/2026
Acceptance of These Terms of Service
Pave (the “Company”) provides a digital platform that allows users to access certain services, content, and functionality through the Pave mobile application (the “App”) and the related web platform located at https://app.joinpave.io/ (the “Site”), together with related technologies (collectively, the Site including any updated or new features, functionality and technology, the “Service”). The Service includes a digital marketplace technology platform that connects youth and aspiring athletes (the “Users”) with collegiate level and professional athletes (the “Mentors”) for the purpose of mentorship, guidance, advice, and engagement services. Through the Service, Mentors may offer a range of athlete-led engagement services to Users, including personalized video responses, direct messaging, live video calls, mentorship sessions, educational content and resources, question-and-answer interactions, and other services that may be approved and facilitated through the platform from time to time.
The Company operates solely as a technology intermediary and marketplace facilitator that enables Users and Mentors to connect through the Service. The Company is not a party to any agreement, transaction, or relationship that may arise between Users and Mentors. Mentors are independent users of the platform and are not employees, agents, or representatives of the Company, and the Company does not control the content or services provided by Mentors. Accordingly, the Company does not guarantee the quality, accuracy, safety, legality, or effectiveness of any services, communications, or content provided by Mentors through the Service.
All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If the Company makes any changes to these Terms, the updated version will be posted through the Service, including on the Site and within the App, and the “Date of Last Revision” date at the top of these Terms will be updated accordingly. A current, effective version of these Terms will at all times be accessible through the “Terms of Service” link on the Site and through the App. The Company may also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Continued access to or use of the Service after any changes to these Terms become effective constitutes acceptance of the revised Terms. Users are encouraged to review these Terms periodically to remain informed of any updates. If a User does not agree to these Terms or any future revisions, the User must discontinue access to and use of the Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT PROVISIONS REGARDING DISPUTE RESOLUTION, INCLUDING AN AGREEMENT TO ARBITRATE. EXCEPT FOR LIMITED EXCEPTIONS DESCRIBED IN THESE TERMS, ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS MUST BE RESOLVED THROUGH BINDING ARBITRATION RATHER THAN IN A COURT OF LAW. THE ARBITRATION PROVISION ALSO REQUIRES THAT CLAIMS BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. USERS MAY NOT PURSUE CLAIMS AGAINST THE COMPANY AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. RELIEF AVAILABLE IN ARBITRATION, INCLUDING MONETARY, INJUNCTIVE, OR DECLARATORY RELIEF, MAY BE AWARDED ONLY ON AN INDIVIDUAL BASIS. AS A RESULT OF THE ARBITRATION AGREEMENT, CERTAIN CLAIMS THAT MIGHT OTHERWISE BE RESOLVED BY A COURT OF LAW OR BY A JURY WILL INSTEAD BE RESOLVED THROUGH ARBITRATION.
Your Privacy: The company respects the privacy of Users and is committed to protecting personal information collected through the Service. Additional information regarding the Company’s collection, use, and disclosure of personal data and other information will be set forth in the Company’s Privacy Policy, which will be made available through the Site and the App (the “Privacy Policy”). Access to or use of the Service constitutes acknowledgement and consent to the collection, use, and disclosure of personal data and other information as described in the Privacy Policy.
Additional Terms: From time to time, the Company may make available certain features, services, promotions, or functionality through the Service that are subject to additional terms, conditions, or guidelines. Any such additional terms that are posted through or made available within the Service will apply to the given feature or functionality and are hereby incorporated by reference into these Terms. In the event of a conflict between these terms and any additional terms applicable to a particular feature or service, the additional terms will govern with respect to that feature or service.
Access to the Service, Eligibility, and Account Registration
Eligibility Requirements: Access to certain features of the Service may require registration of an account with the Company and the submission of identifying or contact information. Any individual registering for or using the Service must be at least thirteen (13) years of age, must have the legal capacity to enter into a binding agreement, must not be barred from receiving services under applicable laws, and must comply with all applicable local, state, federal, and international laws and regulations relating to use of the Service. Individuals under eighteen (18) years of age (“Minors”) may access or use the Service only with the verifiable consent and supervision of a parent or legal guardian.
Registration Obligations: Access to certain features of the Service may require creation of an account with the Company and submission of identifying or contact information. Users agree that all information submitted during the registration process or otherwise provided through the Service will be true, accurate, current, and complete information as prompted by the Service’s registration form. Such information will be maintained and updated as necessary to remain accurate. Information collected through the registration process and through use of the Service is governed by the Company’s Privacy Policy.
Mentor Eligibility and Regulatory Compliance: Mentors who participate in the Service represent and warrant that their participation does not violate any applicable rules, regulations, agreements, or policies governing their athletic or professional status. This includes, without limitation, applicable National Collegiate Athletic Association (“NCAA”) rules and bylaws, conference or league rules, team or institutional policies, applicable federal or state laws governing Name, Image, and Likeness (“NIL”) rights, agent agreements, representation contracts, sponsorship or endorsement agreements, professional league rules, or collective bargaining agreements. The Company does not verify, and expressly disclaims any obligation to verify, Mentor compliance with such rules or regulations. Each Mentor bears sole responsibility for ensuring that participation in the Service is permissible under all applicable rules and contractual obligations. Mentors are encouraged to consult with a qualified attorney, compliance officer, or NIL advisor prior to registering for or providing services through the Service.
Minor Users and Parental Consent: Where a User is a Minor, the Minor’s parent or legal guardian must review and agree to these Terms on the Minor’s behalf, create or participate in the registration of the Minor’s account, supervise the Minor’s use of the Service, and accept responsibility for the Minor’s compliance with these Terms. By permitting a Minor to access or use the Service, the parent or legal guardian represents and warrants that the parent or legal guardian has reviewed and agreed to these Terms, consents to the collection and use of the Minor’s information as described in the Privacy Policy, accepts financial responsibility for any purchases or transactions conducted by the Minor through the Service, and acknowledges that the Minor may communicate with Mentors, who are adults, through messaging, video calls, phone calls, or other communication tools made available through the Service. Parents and guardians acknowledge responsibility for supervising the Minor’s participation in such communications.
Children’s Online Privacy Protection Rule (“COPPA”): The Company does not knowingly collect personal information from children under thirteen (13) years of age. If the Company becomes aware that a child under thirteen (13) has registered for the Service without appropriate parental consent, the Company will take reasonable steps to delete the associated account and personal information. Parents or guardians who believe a child under thirteen (13) has registered for the Service without consent may contact the Company to request removal of the account and associated information.
Mentor Conduct Regarding Minors: Mentors acknowledge that interactions through the Service may include communications with Minor Users. Mentors agree that all such interactions will be conducted in a safe, professional, and appropriate manner consistent with applicable law and platform policies. Mentors may not request personal contact information, social media handles, or other off-platform contact details from Minor Users and may not engage in, solicit, or facilitate any communication of a sexual, exploitative, or otherwise inappropriate nature. Mentors agree to promptly report to the Company any User reasonably believed to be engaging in inappropriate conduct or any conduct that may present a safety concern.
Member Account, Password, and Security: Users who register for an account are responsible for maintaining the confidentiality of account credentials, including usernames and passwords, and for all activities that occur under the registered account. Any unauthorized use of an account or other security breach must be reported to the Company promptly upon discovery by contacting support@pave.com. The Company will not be responsible for losses or damages arising from failure to maintain the confidentiality or security of account credentials.
Account Limitations: Each User may maintain only one account unless expressly authorized by the Company in writing. Accounts may not be created on behalf of another individual without proper authorization and may not be sold, transferred, or assigned to any third party without the prior written consent of the Company.
Modifications to the Service: The Company reserves the right to modify, suspend, or discontinue the Service, or any portion of the Service, temporarily or permanently, at any time and for any reason, The Company will not be liable for any modification, suspension, or discontinuance of the Service.
General Practices Regarding Use and Storage: The Company may establish general practices and limits concerning use of the Service, including limitations regarding the retention of data or other content and the maximum storage capacity available though the Service or through third-party service providers supporting the service. The Company assumes no responsibility or liability for the deletion of, or failure to store, any data or content maintained through the Service. The Company reserves the right to terminate accounts that remain inactive for extended periods of time and to modify or update such operational practices or limits at any time in its sole discretion.
Conditions of Access and Use
User Conduct: Users are solely responsible for all images, information, data, text, photographs, graphics, messages, and other materials that are made available to the Company, including by uploading, posting, publishing, or displaying through the Service or by otherwise making such materials available to other Users or Mentors through the Service (collectively, “User Content”). The Company reserves the right, in its sole discretion, to investigate and take appropriate legal or administrative action against any individual who violates this section, including removal of offending content from the Service, suspension or termination of the relevant account, forfeiture of pending transactions where permitted under these Terms, and referral of the matter to law enforcement authorities when appropriate. Users agree not to use the Service to:
- Harass, abuse, threaten, intimidate, or demean any User, Mentor, or other individual;
- Request, solicit, or promote illegal, explicit, exploitative, or otherwise inappropriate content or activity;
- Share, post, or transmit explicit, harmful, offensive, or otherwise inappropriate content through the Service;
- Impersonate any person or entity or misrepresent affiliation with any individual or organization;
- Violate any applicable law or regulation;
- Solicit personal information from any individual under the age of eighteen (18);
- Harvest or collect contact information of Users or Mentors for unsolicited communications;
- Attempt to manipulate ratings, reviews, or feedback systems associated with the Service;
- Attempt to circumvent the Service by arranging mentorship sessions, communications, or payments outside the platform in order to avoid the Company’s fees, policies, or contractual protections;
- Attempt to contact Mentors outside of the Service for the purpose of conducting mentorship sessions or related transactions outside of the Service; or
- Use automated systems, scraping tolls, data mining technologies, or similar methods to collect information from the service.
If the Company restricts or blocks access to the Service, including by blocking an internet protocol (IP) address, Users may not attempt to circumvent such restrictions through proxy servers, virtual private networks, or other methods designed to bypass such limitations. Mentors interacting with Minor Users through the Service must conduct all communications in a safe, professional, and appropriate manner consistent with applicable law and the policies governing the Service. Mentors may not request or accept personal contact information, social media handles, or other off-platform contact details from Minor Users.
Consequences of Violations: Violations of this section may result in suspension or termination of the relevant account, removal of User Content, cancellation of pending purchases where permitted under these Terms, restriction of access to the Service, and referral of the matter to law enforcement authorities where appropriate. The Company retains sole discretion in determining whether conduct violates these Terms and what enforcement action is appropriate.
Messaging and Communications: All communications between Users and Mentors must occur through the messaging tools or communication features provided through the Service. Attempting to solicit, exchange, or arrange off-platform contact information or communications for the purpose of conducting mentorship interactions outside the Service is prohibited and may constitute a violation of these Terms of Service.
Users and Mentors agree that all communications conducted through the Service will remain respectful, lawful, and appropriate. Harassment, threats, solicitation of illegal or inappropriate content, and any conduct that exploits or endangers Minor Users are strictly prohibited.
Although the Company does not monitor all communications in real time, the Company reserves the right to review, retain, and disclose communications transmitted through the Service where reasonably necessary to enforce these Terms of Service, comply with legal obligations, respond to lawful requests from law enforcement authorities, or protect the safety, rights, and well-being of Users, Mentors, or Minor Users.
Fees and Payments. Certain services available through the Service require payment. Mentors determine the prices of services offered through the Service unless otherwise specified. By purchasing services through the Service, Users agree to pay the listed purchase price and any applicable platform service fees disclosed prior to checkout. All prices are stated in United States dollars unless otherwise indicated.
Payment Processing: Payments made through the Service are processed by third-party payment processors. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at https://stripe.com/privacy (collectively, the “Stripe Agreeements”). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements for the payment function the user is using, as the same may be modified by Stripe from time to time. The Company does not store full payment card information and is not responsible for errors, outages, or fraudulent activity occurring at the payment processor level.
Taxes: Users and Mentors are responsible for determining and satisfying all tax obligations arising from transactions conducted through the Service. The Company may collect and remit certain taxes where required by law.
Refund Policy: Payments for services delivered through the Service are generally final and non-refundable except in limited circumstances determined by the Company. Refunds may be considered where a Mentor fails to deliver a purchased service within the stated timeframe, where a documented technical failure prevents delivery of the service, where the delivered service materially differs from the description provided through the Service, or where fraudulent activity is verified. Refund requests must be submitted to support@pave.com within fourteen (14) days of the relevant transaction or service delivery deadline.
Chargebacks: If a User initiates a chargeback through a payment provider without first seeking resolution through the Company’s support process, the Company may suspend the relevant account pending investigation and may recover any costs associated with the chargeback.
Cancellation and Rescheduling: Scheduled mentorship sessions may be cancelled or rescheduled provided that at least twenty-four (24) hours’ notice is provided prior to the scheduled meeting time. Failure to attend a scheduled session or cancellation without the required notice may result in the session being treated as completed and charged at the full session rate.
Commercial Use Restrictions: Except as expressly authorized through the Service, the Service and its content are provided for personal and non-commercial use. Users may not reproduce, distribute, license, modify, sell, resell, exploit, or otherwise use any portion of the Service for commercial purposes without the prior written consent of the Company.
Mentor Responsibilities and Representations
Service Delivery: Mentors agree to deliver all purchased services as described through the Service and within any stated timeframes. Mentors will provide authentic, good-faith responses and advice and will not make false, misleading, or deceptive statements or representations in connection with services offered through the Service. Mentors must maintain professional and appropriate conduct in all interactions conducted through the Service.
Legal Compliance: Mentors represent and warrant that their participation in the Service complies with all applicable laws, rules, and regulations, including applicable Name, Image, and Likeness (“NIL”) regulations, NCAA rules and bylaws, conference or league policies, and any contractual or institutional obligations that may apply to the Mentor. Mentors further represent that they have the legal right to offer the services listed through the Service and that all information provided regarding their credentials, experience, achievements, and background is accurate and not misleading.
Content Standards: Mentors agree not to post, transmit, or deliver through the Service any content that is sexually explicit, obscene, or otherwise inappropriate; content that demeans, exploits, or endangers Minor Users; defamatory, harassing, or abusive material; or content that infringes the intellectual property rights or other legal rights of any third party.
Independent Contractor Status: Mentors participate in the Service as independent contractors. Mentors are not employees, agents, partners, or joint venturers of the Company, and nothing in these Terms creates or will be deemed to create any employment, partnership, or joint venture relationship between the Company and any Mentor. Mentors are solely responsible for their own taxes, insurance obligations, and compliance with applicable laws and regulations relating to their activities through the Service.
Marketplace Transactions: The Service operates as a technology marketplace that enables Users to purchase mentorship or engagement services offered by Mentors. When a user purchases a service through the Service, the resulting transaction constitutes a direct agreement between the User and the Mentor providing the service. The Mentor is solely responsible for delivering the described service and fulfilling the terms of the transaction. The Company is not a party to the agreement between the User and the Mentor.
Disclaimer of Responsibility for Mentor Services: The Company does not control or supervise services provided by Mentors and makes no representations or warranties regarding the quality, accuracy, completeness, or legality of services offered through the Service. Statements, advice, and opinions expressed by Mentors are solely those of the Mentor. The Company disclaims liability for any reliance on such statements or advice and for any harm or damages that may arise from interactions between Users and Mentors.
Intellectual Property Rights
Service Content: Users acknowledge and agree that the Service and all content, features, and functionality made available through the Service, including text, graphics, images, video, audio, software, code, interfaces, designs, trademarks, service marks, and other materials (collectively, “Service Content”), are owned by the Company or its licensors and are protected by copyright, patent, trademark, trade secret, and other proprietary rights and laws. Subject to compliance with these Terms of Service, the Company grants Users a limited, revocable, non-exclusive, non-transferable license to access and use the Service solely for its intended purposes. Except as expressly authorized by the Company, Users agree not to modify, copy, frame, scrape, reproduce, rent, lease, loan, sell, distribute, publicly display, publicly perform, transmit, or create derivative works based upon the Service or the Service Content, in whole or in part. The foregoing restriction does not apply to a User’s own User Content that is uploaded or made available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited and may result in suspension or termination of access to the Service and other legal remedies available to the Company.
Trademarks: The Company name, the Pave name, and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of the Company (collectively, the “Company Trademarks”). Other company, product, and service names and logos displayed through the Service may be trademarks or service marks of their respective owners who may or may not be affiliated with, connected to, or endorsed by the Company. Nothing contained in these Terms of Service or in the Service will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company Trademarks without the prior written permission of the Company. All goodwill generated from the use of the Company Trademarks will inure exclusively to the benefit of the Company.
Third-Party Materials: Under no circumstances will the Company be liable in any way for any content or materials provided by third parties through the Service, including User Content, Mentor content, or other materials provided by users of the Service. This includes, without limitation, any errors or omissions in such content or any loss or damage incurred as a result of the use of any such content. Users acknowledge that the Company does not pre-screen content made available through the Service, but that the Company and its designees have the right (but not the obligation) in their sole discretion to review, refuse, remove, or disable access to any content that is made available through the Service. Without limiting the foregoing, the Company may remove any content that violates these Terms of Service or that is deemed by the Company, in its sole discretion, to be unlawful, harmful, or otherwise objectionable. Users are responsible for evaluating and bearing all risks associated with the use of any content available through the Service, including reliance on the accuracy, completeness, or usefulness of such content.
User Content: Users and Mentors retain ownership of the original content they create and submit through the Service. Users represent and warrant that they own or possess all necessary rights, licenses, consents, and permissions to upload, transmit, or otherwise make available User Content through the Service and that such User Content does not violate any applicable law or the rights of any third party, including intellectual property rights, rights of publicity, or privacy rights.
By submitting User Content through the Service, Users grant the Company and its affiliates, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to host, copy, display, perform, distribute, store, modify, adapt, reproduce, and create derivative works from such User Content in any form, medium, or technology now known or later developed for purposes including (a) operating and maintaining the Service, (b) facilitating interactions between Users and Mentors through the Service, (c) developing, improving, and promoting the Service and related technologies, including marketing and promotional materials, featured content, and athlete spotlight features, and (d) as otherwise permitted under the Company’s Privacy Policy.
To the extent permitted by applicable law, Users waive any moral rights or rights of attribution in User Content submitted through the Service for the purposes described in these Terms.
Users assume all risk associated with their User Content and the transmission of such User Content and retain sole responsibility for the accuracy, legality, quality, and appropriateness of such User Content.
Indemnification
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Company Parties”) from and against any and all losses, damages, liabilities, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to: (a) your access to or use of the Service; (b) your User Content or other content or materials submitted, transmitted, or made available through the Service; (c) your violation of these Terms of Service or any applicable law or regulation; (d) any dispute, transaction, or interaction between you and any other User or Mentor through the Service; (e) any claim that your User Content infringes or violates the intellectual property rights, privacy rights, publicity rights, or other rights of any third party; or (f) any harm, injury, or damages caused by you to another User, including any Minor User.
The Company will provide notice to you of any such claim, suit, or proceeding for which indemnification is sought. The Company reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section, and you agree to cooperate with all reasonable requests assisting the Company’s defense of such matter. You may not settle or otherwise compromise any claim against the Company Parties without the Company’s prior written consent.
Disclaimer of Warranties
Your use of the service is at your sole risk. The Service is provided on an “as is” and “as available” basis. The Company Parties expressly disclaim all warranties of any kind, whether express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
The Company Parties make no warranty that (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Service will be accurate or reliable; or (d) the quality of any products, services, information, or other material purchased or obtained through the service will meet your expectations.
Without limiting the foregoing, the Company makes no warranties or representations regarding the accuracy, completeness, or usefulness of any advice, content, or information provided by Mentors through the Service. The Company does not verify and makes no representations regarding the identity, credentials, qualifications, or athletic achievements of any Mentor. The Company does not guarantee any outcome or result from mentorship, guidance, or other services provided through the Service.
Nothing provided through the Service constitutes or should be construed as professional, legal, financial, medical, psychological, nutritional, or sports science advice. Users should consult appropriately qualified professionals before relying on any information or advice received through the Service.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXPEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OF OR INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS, ADVICE, OR CONDUCT OF ANY THIRD PARTY (INCLUDING MENTORS) ON THE SERVICE; (E) ANY DISPUTE, TRANSACTION, OR INTERACTION BETWEEN USERS AND MENTORS THROUGH THE SERVICE; (F) RELIANCE ON ANY ADVICE, CONTENT OR INFORMATION PROVIDED BY MENTORS; (G) PERSONAL INJURY, PROPERTY DAMAGE, OR EMOTIONAL DISTRESS ARISING FROM USE OF THE SERVICE; OR (H) ANY OTHER MATTER RELATING TO THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR SERVICE OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID TO TO THE COMPANY THROUGH THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE USERS AND THE COMPANY. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN SUCH JURISDICTIONS, THE COMPANY PARTIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IF ANY USER IS DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, THE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Dispute Resolution
- Informal Dispute Resolution
Before initiating any formal legal proceeding, a party seeking to raise a dispute relating to these Terms of Service or the Service must first attempt to resolve the matter informally. Written notice describing the nature of the despite and the requested resolution must be sent to the Company at support@pave.com. The parties agree to make good-faith efforts to resolve the dispute for a period of thirty (30) days following receipt of such notice before initiating arbitration or other legal proceedings.
- Agreement to Arbitrate
This Dispute Resolution section is referred to in these terms of Service as the “Arbitration Agreement.” Any and all disputes or claims that have arisen or may arise between a User and the Company, whether arising out of or relating to these Terms of Service, including any alleged breach, the Service, any advertising, or any aspect of the relationship or transactions between the parties, will be resolved exclusively through final and binding arbitration rather than in a court of law, except as otherwise provided in this section. Arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by this Arbitration Agreement. By entering into these Terms of Service, Users and the Company waive the right to a trial by jury. Rights will be determined by a neutral arbitrator rather than a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- Prohibition of Class and Representative Actions
USERS AND THE COMPANY AGREE THAT CLAIMS MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING.
Unless both parties agree otherwise, the arbitrator may not consolidate multiple claims or preside over any form of class or representative proceeding. Relief, including monetary, injunctive, or declaratory relief, may be awarded only in favor of the individual party seeking relief and only to the extent necessary to resolve the party’s individual claim.
- Exceptions to Arbitration
Notwithstanding the foregoing: (a) either party may bring an individual claim in small claims court, if the claim qualifies; (b) either party may seek temporary, preliminary, or emergency injunctive or equitable relief in a court of competent jurisdiction where necessary to prevent irreparable harm; and (c) disputes relating to intellectual property rights may be brought in a court of competent jurisdiction.
- Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the AAA Consumer Arbitration Rules. Information about the AAA and its procedures is available at https://www.adr.org. If any term of the AAA Rules conflicts with this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that applying such terms would result in a fundamentally unfair arbitration. The arbitrator will apply the provisions of these Terms of Service as a court would and may award the same damages and relief available under applicable law. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
- Costs of Arbitration
Payment of filing, administration, and arbitrator fees will be governed by the AAA Rules unless otherwise required by applicable law. If the arbitrator determines that arbitration costs would be prohibitive for a party compared to litigation, the arbitrator may allocate fees in a manner necessary to ensure that arbitration remains accessible.
- Confidentiality
All aspects of any arbitration proceeding, including any ruling, decision, or award by the arbitrator, will be treated as confidential by the parties to the fullest extent permitted by law.
- Governing Law and Venue
These Terms of Service and any disputes not subject to arbitration will be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles. Any non-arbitrated disputes will be resolved exclusively in the state or federal courts located in Suffolk County, Massachusetts.
- Severability
If any provision of this Arbitration Agreement is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect to the maximum extent permitted by law.
Termination
Termination by the Company: The Company reserves the right, in its sole discretion, to suspend, restrict, or permanently terminate a User’s account or access to the Service, or any portion thereof, at any time and for any reason, with or without notice. Grounds for termination may include, but are not limited to, violation of these Terms of Service, fraudulent or illegal activity, conduct that endangers Minor Users, repeated or serious violations of platform policies or community standards, or any other conduct that the Company determines, in its sole discretion, to be harmful to the Service or its users. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.
Termination by Users: A User may terminate an account at any time by contacting the Company at support@pave.com and requesting an account closure. Termination of an account by a User does not entitle the User to a refund of any fees or payments previously made through the Service except as otherwise provided under these Terms of Service.
Effect of Termination: Upon termination of an account for any reason, the User’s license to access or use the Service will immediately cease. The Company may deactivate or delete the account and any related information, data, or content associated with the account and may prevent further access to the Service. The Company may retain certain account information and data as required by law or as reasonably necessary for legitimate business purposes, including compliance with legal obligations, dispute resolution, and enforcement of these Terms.
Survival: Any provision of these Terms of Service that by their nature should survive termination will remain in full force and effect following termination of an account or access to the Service. These provisions include, without limitation, those relating to intellectual property rights, disclaimers of warranties, limitation of liability, indemnification, dispute resolution and arbitration, and any other provisions intended to survive termination.
User Disputes
Users are solely responsible for their interactions with any other User or Mentor in connection with the Service, and the Company will have no liability or responsibility with respect to such interactions. The Company reserves the right, but has no obligation, to become involved in any dispute between Users or between Users and Mentors arising from use of the Service.
General
Entire Agreement: These Terms of Service, together with the Privacy Policy and any additional policies or terms incorporated by reference herein, constitute the entire agreement between Users and the Company regarding access to and use of the Service and supersede all prior or contemporaneous agreements, communications, or understandings relating to the subject matter hereof.
Governing Law and Venue: These Terms of Service will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. With respect to any disputes or claims not subject to arbitration as set forth above, the parties submit to the personal and exclusive jurisdiction of the state and federal courts located within Suffolk County, Massachusetts.
Severability: If any provision of these Terms of Service is determined by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such provision will be modified and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions will remain in full force and effect.
Waiver: The failure of the Company to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
Assignment: Users may not assign or transfer any rights or obligations under these Terms of Service without the prior written consent of the Company. The Company may assign or transfer these Terms of Service, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
Electronic Communications: Users may not assign or transfer any rights or obligations under these Terms of Service without the prior written consent of the Company. The Company may assign or transfer these Terms of Service, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
No Third-Party Beneficiaries: Except as expressly stated in these Terms of Service, these Terms do not create or confer any rights or benefits upon any third party.
Force Majeure: The Company will not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, fire, flood, war, terrorism, riots, civil disturbances, epidemics, governmental actions, cyberattacks, interruptions in telecommunications or internet services, failures of third-party service providers, or other similar events beyond the Company’s reasonable control.
Statute of Limitations: To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to the Service or these Terms of Service must be brought within one (1) year after the claim or cause of action arises or such claim will be permanently barred.
Interpretation: Section headings in these Terms of Service are for convenience only and will not affect the interpretation of any provision. The words “include,” “includes,” and “including” will be deemed to be followed by the phrase “without limitation.”
Notices: Notices from the Company may be provided through the Service, by email, or by other reasonable means. The Service may also provide notices of changes to these Terms of Service or other matters by displaying notices or links to notices within the Service.
SMS & Notifications Consent
By creating an account, providing your phone number, or otherwise using the Service, you expressly consent to receive communications from Pave, including via SMS text messages, push notifications, and email, for purposes including account verification, service updates, booking confirmations, reminders, marketing, and other information related to your use of the Service.
You acknowledge and agree that:
- Consent is not a condition of purchase of any goods or services.
- Message and data rates may apply depending on your mobile carrier.
- Message frequency may vary.
You may opt out of receiving marketing SMS messages at any time by replying “STOP” to any message or by adjusting your notification settings within the Service. You may continue to receive non-marketing messages related to your account, transactions, or safety.
By providing your phone number, you represent that you are the authorized user of that number and that you have the authority to consent to receive such communications.
For additional information, please review our Privacy Policy.
Contact Information
For questions, concerns, or notices regarding these Terms:
PAVE, Inc. 191 K St, South Boston MA 02127
info@joinpave.io; RHorton@mintz.com (legal notices)
Jimmy@joinpave.io (safety and child protection concerns)