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Terms of Use

Welcome to Vzable, a website located at https://education.vzable.com (the "Site") and operated by Pathwise, LLC ("Vzable", "us", "our", and "we"). Vzable provides the Site and services provided through the Site ("Services") including making surveys available to schools, educational programs, universities, companies, non-profit organizations, and places of employment to assess an individual's preference for various types of active learning ("Survey(s)"), any other ancillary tools, features, or services that Vzable may make available from time to time in conjunction with the foregoing. The Site and the Services are collectively referred to as the "Platform."

These Terms of Use ("Terms") set forth the legally binding terms for your ("User", "you", and "your") use of the Platform. By accessing or using the Platform, you are accepting these Terms and represent and warrant that you have the right, authority, and capacity to enter into these Terms. If you do not agree with all of the provisions of these Terms, do not access and/or use the Platform. You may not access or use the Platform or accept the Terms if you are not at least 18 years old or if you are under the age of 18 years old without parental consent.

Privacy Policy

Vzable respects the privacy of its users. Please refer to the Vzable's Privacy Policy (https://education.vzable.com/privacy-policy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Platform, you signify your agreement to this Privacy Policy.

Types of Users

"The User," "you" and "your" refer to the person, company, or organization (including any employee, candidate, or student of such company or organization) that has visited or is using the Platform. A User may be an Administrator, Distributor, Participant, and/or Insights Community User.

"Administrator" refers to a business, organization, or program facilitator that requests and/or purchases Services for the benefit of their workforce, students, program participants, or other population ("Population") and will be given an administrative Account to (i) directly manage Survey responses, and/or (ii) create and manage Distributor Accounts and allocate Participant licenses to those Distributor Accounts, depending on the structure and needs of the organization.

"Distributor" refers to a teacher, facilitator, or other individual authorized by an Administrator to distribute Surveys to Participants. Distributors are issued accounts by an Administrator for the limited purpose of distributing and managing access to Surveys.

"Participant" refers to Users who are part of the Administrator's Population and are given individual access to the Platform through either an Administrator or Distributor Account in order to access the Platform and/or participate in the Survey.

"Insights Community User" refers to a User who accesses and participates in the Insights Community.

Platform Content

Our Platform may provide informational and educational content. All content on this Platform is for informational and educational purposes only, is general in nature, and under no circumstance does the content on our Platform undertake to give advice for your particular situation. The content on our Platform is not meant to be relied upon by Platform visitors in reliance on making any decisions. If you use the information provided through our Platform, we assume no responsibility.

Contact Form

We may include a contact form on our Platform that allows you to get in touch with us to request support, or provide feedback. Our contact form may ask for your personal information such as your name, email address, phone number, and reason for your inquiry.

Accounts

Account Creation. In order to use the Platform, you must register for an account with us ("your Account") and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. We may suspend or terminate your Account in accordance with these Terms.

Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Disclaimers

Participant Account and Survey Usage. Vzable will provide a license to create a Participant Account for the number of Participant users purchased. Each Participant Account is licensed for use by one individual Participant only. It is strictly prohibited for Administrators or Distributors to share Participant Accounts or allow multiple individuals to use the same Account to take Surveys. Administrators and/or Distributors may identify Participants using codes or other de-identified identifiers generated through the Platform and are responsible for ensuring that Participants use only the codes assigned to them to access and complete Surveys. Distributors do not themselves act as Participants unless separately assigned a Participant Account. Administrators and Distributors are prohibited from taking any actions to circumvent the one Participant per one Account. Any violation of this provision may result in the suspension or termination of the Services and the Administrator's Account.

Sharing Survey Results. By participating in a Survey on our Platform, the Participant consents and agrees that their Survey responses, including any personally identifying information, may be shared with the Administrator and/or Distributor of the Survey. The Administrator and/or Distributor may use this information for program planning, matching, or other relevant purposes. The Participant also acknowledges and agrees that their anonymized responses, with personal information removed, may be shared with researchers for educational or scholarly research purposes. Participant's participation in a Survey indicates the Participant's understanding of and consent to these terms regarding data sharing and research use.

COPPA and Parental Consent for Minor Participants. By creating an Administrator Account and enabling Participants, including minors, to take the Survey, Administrator consents to the collection and use of personal information in the Platform, as described in these Terms and our Privacy Policy. Administrator agrees and verifies that Administrator has obtained written parental consent for each participant under the age of 13, the Children's Online Privacy Protection Act (COPPA) and affirmative consent for Participants ages 13–17 where required by state law and other applicable laws regarding minors' online activities ("Minor Consent Laws"). Administrator acknowledges that it is Administrator's responsibility to ensure compliance with the applicable Minor Consent Laws. Administrator agrees to indemnify and hold harmless Vzable from any claims, liabilities, damages, losses, costs, or expenses arising out of or related to any failure on Administrator's part to obtain parental consent for underage participants or any violation of any Minor Consent Laws.

No Professional Advice & Reliance on Results. The Survey is a developmental tool designed for personal and professional growth purposes only. It is intended to provide insights and facilitate understanding in areas of strengths, preferences, and potential areas for development. This evaluation is not intended to serve as a medical or psychological diagnosis, nor should it be considered a substitute for professional healthcare advice, diagnosis, or treatment. Additionally, the Survey does not constitute career counselling, financial advice, or legal guidance. you should not rely solely on the outcomes of this evaluation for making critical life or career decisions. While the Survey aims to support individuals in their personal and professional development journey, it is recommended that Users seek additional guidance from qualified professionals for specific concerns or decisions related to career choices, mental health, or legal issues. The information provided by the Survey is to be used as a guide for personal development and team enhancement. Vzable, its affiliates, and distributors do not accept liability for any direct, indirect, incidental, consequential, or punitive damages arising from the use of this evaluation or the interpretation of its results. By using the Survey, you acknowledge and agree to this disclaimer, understanding the scope and limitations of the evaluation.

AI Solutions. The Platform may offer features that use artificial intelligence to generate optional strategy suggestions based on Survey results and other inputs provided by the User. These AI-generated suggestions are for informational and educational purposes only and should not be relied upon as professional advice, guidance, or guarantees of specific outcomes. While Vzable strives to ensure that these AI-generated results provide relevant and useful information, the quality and applicability of the suggestions depend on the accuracy and completeness of the data you provide and may not reflect all relevant circumstances. You acknowledge that results may differ from real-world outcomes, and you are solely responsible for evaluating and applying any strategies suggested. Vzable does not guarantee the accuracy, completeness, or effectiveness of any AI-generated content and disclaims all liability for decisions made or actions taken in reliance on such content.

Community Guidelines. The Insights Community is an interactive space where Users may share ideas, strategies, and other content with one another. By participating in the Insights Community, Insights Community Users agree to follow any applicable community guidelines, codes of conduct, or similar rules that Vzable may establish from time to time ("Community Guidelines"). The Community Guidelines are designed to promote respectful, constructive, and lawful interactions and to foster an enjoyable and productive experience for all Insights Community Users. Vzable may update the Community Guidelines at its discretion, and it is your responsibility to review and comply with them. Vzable reserves the right, in its sole discretion, to enforce the Community Guidelines, including suspending or terminating any Account or restricting access to the Insights Community for violations.

Moderation and Reporting Abuse. While Vzable reserves the right to moderate the Insights Community and remove or restrict access to any User Content (defined below) at its discretion, we do not guarantee the accuracy, integrity, or quality of any content posted by other Insights Community Users. If you encounter User Content that you believe violates the Community Guidelines or these Terms, you may report it to us through the methods we designate. We will review and consider all reports and may take action in our sole discretion, which could include removing content, issuing warnings, limiting participation privileges, or terminating Accounts. However, due to the diversity of perspectives in the Insights Community, content that you may find disagreeable or offensive may not necessarily violate our policies and may not be removed.

No Endorsement or Responsibility for User Content. Vzable does not endorse, guarantee, or assume responsibility for any User Content posted in the Insights Community. Any reliance on or use of such content is at your own risk, and you should exercise your own judgment before following or acting on advice or suggestions shared by other Users.

User Content

User Content. "User Content" means any and all information and content that a user submits to or posts on the Platform. You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on the Platform. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Platform.

Your User Content Responsibilities. By transmitting and submitting any User Content while using the Platform, you agree that (i) you will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and (ii) you will abide by our Acceptable Use Policy below. You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Platform is solely your responsibility. We are not responsible for any public display or misuse of your User Content.

Our Right to Monitor and Remove User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Platform. We have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms, remove any and/or all of your submissions, and terminate your Account with or without prior notice.

License to User Content. You grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Platform. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Rights and Licenses

License to Use the Platform. We grant you a non-transferable, non-exclusive, right to access and use the Platform for the purposes authorized in these Terms.

Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform; (c) you will not access the Platform in order to build a similar or competitive service; and (d) except as expressly stated in these terms, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Platform will be subject to these Terms. All copyright and other proprietary notices on any Platform content must be retained on all copies.

Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Platform with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform, except and if otherwise expressly set forth in these Terms.

No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Platform.

Ownership of the Platform. You acknowledge that (except with respect to your User Content) all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Platform are owned by us or our licensors. The provision of the Platform does not transfer to you or any third party any rights, title or interest in or to the intellectual property rights. We reserve all rights not granted in these Terms.

Beta Test Participation

From time to time, Vzable may offer Users the opportunity to access and use new or experimental features, services, or products ("Beta Features") as part of a limited beta testing program. Participation in beta testing is entirely voluntary. By choosing to use any Beta Features, you acknowledge and agree that:

Beta Features Are Provided As-Is: Beta Features are offered (i) free of charge and without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement and (ii) on an "as-is" and "as-available" basis and may contain bugs, errors, or other issues. Vzable makes no guarantees regarding the performance, stability, or continued availability of any Beta Features and disclaims all warranties to the maximum extent permitted by law.

No Expectation of Continuity or Support: Beta Features may be modified, suspended, or discontinued at any time without notice. Vzable has no obligation to provide support or maintenance for Beta Features.

Feedback: You may be asked to provide feedback regarding your use of Beta Features. You agree that all feedback, suggestions, and ideas you provide will be deemed non-confidential and become the sole property of Vzable. We may use such feedback for any purpose without restriction or compensation to you.

Confidentiality: You agree not to disclose any information about Beta Features to any third party without Vzable's prior written consent, unless such information is publicly available.

Limitation of Liability: You assume all risks arising from your use of Beta Features. To the maximum extent permitted by law, Vzable will not be liable for any damages arising out of or related to your participation in beta testing.

By using Beta Features, you agree to comply with this section and all other applicable terms and policies.

Acceptable Use Policy

Your permission to use the Platform is conditioned upon the following restrictions: You agree that you will not under any circumstances:

  • post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • use the service for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group;
  • use another user's account without permission;
  • provide false or inaccurate information or impersonate another person when registering an account;
  • interfere or attempt to interfere with the proper functioning of the Platform;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • use the Platform or any of its contents to advertise or solicit, for any commercial purpose or to compete, directly or indirectly, with our Platform;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Platform or use any software, technology, or device to scrape, spider, or crawl the Platform or harvest or manipulate data; or
  • publish or link to malicious content intended to damage or disrupt another user's browser or computer.

Feedback

If you provide us any feedback or suggestions regarding the Platform ("Feedback"), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

Indemnity

You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Platform, (b) your violation of these Terms; or (c) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Links to Other Sites and/or Materials

Third Party Sites, and Third-Party Content. As part of the Platform, we may provide you with convenient links to third party website(s) ("Third-Party Sites") as well as content or items belonging to or originating from third parties such as applications, software, or content (collectively the "Third-Party Content"). Users may also include links to their website or other Third-Party Sites on their listings. These links are provided as a courtesy to Users. We have no control over Third-Party Sites and Third-Party Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Content. If you decide to leave the Platform and access the Third-Party Sites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Platform or relating to any applications you use or install from the site.

Release. You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Platform users or Third Party Sites, and Third-Party Content. YOU KNOWINGLY AND VOLUNTARILY WAIVE ANY PROTECTION THAT YOU MIGHT HAVE BY VIRTUE OF ANY LAW OR STATUTE PROVIDING THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY IT, WOULD HAVE MATERIALLY AFFECTED ITS SETTLEMENT WITH THE RELEASED PARTY.

Warranty Disclaimers

THE PLATFORM IS PROVIDED "AS-IS" AND "AS AVAILABLE" AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE PLATFORM: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE SERVICES WILL BE TO YOUR SATISFACTION.

Vzable makes no representation that materials on the Platform are appropriate or available for use in locations outside the United States. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this Platform outside the United States do so on their own initiative and are responsible for compliance with local laws.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation on Liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

IN NO EVENT WILL VZABLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNTS YOU'VE PAID VZABLE IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Copyright Policy

We respect the intellectual property of others and ask that Users of our Platform do the same. In connection with our Platform and in accordance with the Digital Millennium Copyright Act's ("DMCA"), we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of Users of our Platform who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our Users is, through the use of our Platform, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  • your physical or electronic signature;
  • identification of the copyrighted work(s) that you claim to have been infringed;
  • identification of the material on our Platform that you claim is infringing and that you request us to remove;
  • sufficient information to permit us to locate such material;
  • your address, telephone number, and e-mail address;
  • a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.

Our designated Copyright Agent is:

Pathwise, LLC d/b/a Vzable
Attn: Copyright Compliance Department
Email: info@vzable.com

Counter Notice Procedures

If you receive a notification from Vzable that material made available by you on or through the Platform has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Vzable with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to our Copyright Agent through one of the methods identified above, and include substantially the following information:

  • A physical or electronic signature of the subscriber;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which Vzable may be found, and that the subscriber will accept service of process from the person who provided notification above or an agent of such person.

Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Platform. We may (a) suspend your rights to use the Platform (including your Account) or (b) terminate these Terms, at any time for any reason at our sole discretion, including for any use of the Platform in violation of these Terms. Upon termination of these Terms, your Account and right to access and use the Platform will terminate immediately. You understand that any termination of your Account involves deletion of your user content from our live databases. We will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Account. Upon termination of these Terms, all of the provisions will terminate except those that by their nature should survive.

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND VZABLE HAVE AGAINST EACH OTHER ARE RESOLVED.

You and Vzable agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of our these Terms, your use of or access to the Platform, or any products or services sold or purchased through the Platform, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

Choice of Law. These Terms are made under and will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles that provide for the application of the law of another jurisdiction.

Claim Limitations. You agree that any cause of action arising out of or related to the Platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Agreement to Arbitrate

You and Vzable each agree that any and all disputes or claims that have arisen or may arise between you and Vzable relating in any way to or arising out of this or previous versions of these Terms, your use of or access to Vzable's Platform, or any products or services sold, offered, or purchased through our Platform will be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in Chicago, Illinois, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to Arbitrate.

The arbitration will be conducted by JAMS Arbitration ("JAMS") under its applicable rules and procedures, as modified by this agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.

Your rights will be determined by a neutral arbitrator and not a judge or jury. You understand that arbitration procedures can be more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review in court.

You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys' fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.

With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in Chicago, Illinois.

General

Changes to Terms. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on the Platform. Any significant changes to these Terms will be effective 30 days after posting such notice. Continued use of our Platform following notice of such changes will indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

Copyright/Trademark Information. Copyright © 2025 Pathwise LLC. All rights reserved. All trademarks, logos, and service marks ("Marks") displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks.

Contact Information

Vzable
Email: info@vzable.com

Last Updated September 22, 2025