Terms of Service

Last Updated: June 17, 2025

Prior version: here

Trailblazer Pathways, Inc.

The following terms of service (“Terms”) are a legal agreement between you (together with the business entity you represent, if any, “you” or “your”) and Trailblazer Pathways, Inc. (“Trailblazer”, “we”, “us” or “our”) and govern your access to and use of the Trailblazer website at https://trailblazergo.com, including any related subdomains, any mobile applications we make available from time to time (collectively, the “Platform” and, together with any related services provided by us, the “Services”).

The Platform provides a marketplace to connect educational advisors (“Advisors”) offering advisory services (“Advisory Services”) with educational institutions (“Institutions”) as well as individual learners (“Learners” and, together with Advisors, Institutions, you and any other user of the Platform, “Users”).

By accessing or using the Platform, you agree to these Terms and any other policies or terms referenced within or posted on the Platform, including our Privacy Policy (“Privacy Policy”) and such other policies, guidelines, rules or additional terms as we make available to you from time to time in connection with the platform, the terms of each of which are hereby expressly incorporated into these Terms by reference. Access to and use of the Platform by Advisors is also governed by the Advisor Addendum, which is incorporated by reference into these Terms.

From time to time, we may update or modify these Terms in our discretion. If our changes reduce your rights or increase your responsibilities, we will use commercially reasonable efforts to provide you with notice within the Platform or by other means. The updated Terms will become effective as of the “Last Updated” date indicated in the terms. Any use of the Services after the last updated date means you have accepted the updated Terms. Your sole and exclusive remedy in the event you do not accept the updated terms is to terminate your account and cease use of the services. If you created an Account on the Platform before the date above, these Terms are effective thirty (30) days after the date above. For everyone else, these Terms are effective as of the date above.

PLEASE NOTE: THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND TRAILBLAZER ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE AGREEMENT TO ARBITRATE (SEE SECTION 16 “AGREEMENT TO ARBITRATE”).

1. Eligibility. The Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable laws, rules and regulations. Individuals between the ages of 13 and 18 can use the Services only under the supervision of a parent or legal guardian, in which case such parent or legal guardian is the User and is responsible for any and all activities of the minor. Individuals under age 13 may not use the Services. If you are registering as a Learner, you represent that your use of the Platform complies with these age restrictions. If you are registering as an Advisor, you represent that you are over the age of 18. If we suspend or terminate your Account or access to the Platform or any Services, you may not use the Platform or other Services, whether under a different Account or by re-registering for a new Account without our prior consent.

2. Accessing the Platform. In order to use the Platform, you must establish a user account (an “Account”) or, if you are a Learner, your Institution may be authorized by us to create an Account on your behalf, in which case you will be responsible only for maintaining your Account in accordance with these Terms. In connection with establishing or maintaining an Account, as applicable, you agree to: (a) provide true, accurate, current, and complete information about yourself as we may require; and (b) maintain and promptly update the registration data to keep it true, accurate, current, and complete. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information. You may not share your Account and you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You agree to notify us immediately of any actual or suspected unauthorized use of or access to your Account. We are not liable for any acts or omissions by you in connection with your Account or any damages arising from your failure to comply with this Section 2. We reserve the right, in our sole discretion, to determine who may qualify for an Account and we reserve the right to reject or revoke any Account at any time without liability. We may contact you to verify your Account information and may require you to provide additional information or undergo a background check with our third-party background check service provider.

3. Ownership; Feedback. The Platform is licensed to you, not sold. As between you and Trailblazer, Trailblazer and our licensors retain all right, title, and interest in and to the Platform and intellectual property and other rights therein and thereto. No rights or licenses are granted except as expressly and unambiguously set forth in these Terms, whether by implication, estoppel or otherwise. You may from time to time provide us with suggestions, comments or other feedback with respect to the Platform (“Feedback”). We may freely use Feedback for any lawful purpose, even if it is information you have otherwise designated as confidential, and you hereby grant to Trailblazer a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and exploit the Feedback for any purpose.

4. Platform License. Subject to your compliance with these Terms, Trailblazer hereby grants to you, a personal, worldwide, royalty-free, non-sublicensable, non-transferrable, and non-exclusive license to use the Services in accordance with these Terms and all applicable laws. Any other use of the Services is strictly prohibited. Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Platform or other Services or any of our Content except as expressly permitted by these Terms or with our prior written permission or the written permission of the third party that may own the Content displayed on the Platform.

5. Prohibited Conduct; Restrictions. As a condition of the license granted to you in Section 4, and to use the Services, you agree that you will not, directly or indirectly:

a. use the Services in order to generate an alternative thereto, including by using or submitting any Services or Content with or to any artificial intelligence system (including generative artificial intelligence or large language model), machine learning, or similar system;
b. pledge, rent, lease, share, distribute or sell any Services;
c. reverse engineer or otherwise attempt to determine the underlying code or structure of any Services;
d. frame, mirror, or otherwise simulate the appearance or function of the Platform or any other Services, our Content or the Content of any other User, or otherwise manipulate identifiers in order to disguise the origin of any Content made available via the Services;
e. use any robots, spiders, or similar data mining, data gathering, “scraping”, extraction tools, or manual processes to collect, gather, or copy any content or data on or related to any Services;
f. use the Services for any fraudulent purpose or in violation of any applicable laws;
g. impersonate any person or entity, including any of our employees or representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity;
h. remove any copyright, trademark, or other proprietary rights notices contained in or on the Services, our Content, or any works other than your own;
i. copy, modify, reproduce, duplicate, republish, post, transmit, sell, distribute, create derivative works of or otherwise use any Content made available by any other User without the prior consent of the applicable rights holder unless such Content is specifically made available via the Platform for any such use;
j. interfere or attempt to interfere with the proper working of the Platform or any activities conducted through them, including by bypassing any measures we may use to prevent or restrict access to the Platform or engaging in any conduct that restricts or inhibits any other user’s use or enjoyment of the Platform; or
k. use the Platform to transmit any Content that:

i. is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, hateful, fraudulent, invasive of another’s privacy, tortious, discriminatory, obscene, pornographic, lewd, lascivious or otherwise objectionable, as may be determined by us;
ii. is false, inaccurate, misleading, defamatory or libelous Content (including without limitation personal information);
iii. infringes another’s copyright, trademark, trade secret or other intellectual property rights or other rights, including rights of privacy, of any entity or person; or
iv. introduces viruses, worms, Trojan horses and/or harmful code into the Platform.

6. Content; Usage Data.

a. Content. The Services include certain content created by us, including images, video, audio, data, text, or other materials (collectively, “Content”) and the Platform enables you Users to upload, transmit, submit or otherwise include or make available on the Platform their own Content. We and our licensors retain ownership of our Content, and you retain ownership of your Content. Subject to these Terms, we hereby grant you a limited, personal, non-transferable, non-exclusive, non-sublicensable, revocable license to access and use our Content, solely for your personal, non-commercial use and not for any resale, distribution, re-publication or commercial purposes. You hereby grant to us a non-exclusive, perpetual, irrevocable, worldwide, sublicensable, transferable, royalty free, fully paid up license to reproduce, distribute, prepare derivative works of, modify, translate, adapt, publicly perform, publicly display, and otherwise use your Content to provide the Services to you and facilitate the provision of Services to othe Users, for the purposes set forth in our Privacy Policy and as otherwise permitted by these Terms, and you understand that we may allow any third party to access and use your Content. You are solely responsible for all of your Content. You represent and warrant that you own your Content and have all rights that are necessary to grant us the license rights in your Content under these Terms. You represent and warrant that neither your Content, nor our use of your Content in accordance with these Terms, will infringe, misappropriate, or violate any third party’s intellectual property rights, or any rights of publicity or privacy, or will result in the violation of any applicable law or regulation.

b. Removal; No Endorsement. We have the right, in our sole discretion, to remove any of your Content at any time for any reason including if your Content violates these Terms or any applicable law, as determined by us. You acknowledge and agree that by using the Platform, you may be exposed to Content of other Users that is offensive, indecent, inaccurate, misleading or otherwise objectionable and such Content may contain typographical or other inadvertent errors or inaccuracies. We are not responsible for the Content of other Users and do not endorse any such Content made available via the Platform. Further, we do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of such Content. You are solely responsible for verifying such Content and for your reliance on any such Content. To report any inappropriate Content, please contact our support team via email at contact@trailblazergo.com.

c. Usage Data. You agree that we may track and use data regarding your access to and use of our Services, including your interactions with other Users, to compile, use and disclose aggregate or de-identified data, statistics, measurements or other metrics derived from your use of the Services (including in combination with the aggregate or de-identified content of other users of the Services) for our own purposes, including to improve the Services, solely in a manner such that the aggregate or de-identified content or data does not identify you (“Aggregated Data”). As between you and Trailblazer, Aggregated Data is the sole and exclusive property of Trailblazer.

7. Artificial Intelligence Terms. Trailblazer uses generative artificial intelligence (“AI”) technologies to generate institution and Advisor recommendations for you, based on the information that you provide to us. assist you with your search for and selection of institutions and Advisors. You acknowledge and agree that, because of the probabilistic nature of generative AI, the recommendations provided to you may be unpredictable, random, incorrect or inapplicable. While Trailblazer commercially reasonable measures designed to reduce the risk of such issues, you must review and verify the appropriateness of the recommendations before relying on them.

8. User Interactions; Advisory Sessions.

a. Advisors and Learners. Trailblazer endeavors to promote a safe and inclusive environment for Advisors and Learners. However, we have limited ability to direct the interactions between Advisors and Learners. Accordingly, you acknowledge that Trailblazer makes no representations or warranties about Advisors or Learners or either of their use of the Platform, including with respect to their background, training, or behavior. Please contact our support team via email at contact@trailblazergo.com if you have concerns about an Advisor, Learner, or any Advisory Session (as defined below).

b. Privacy Rights. You hereby waive any rights of publicity, privacy or other rights under applicable law to the extent such rights could be used to prevent us from using Recordings for the limited purposes set forth in this Section 7 or as you otherwise agree, and hereby grant to us a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable license under any intellectual property rights you may have in or to any Recording or content therein to copy, modify, distribute and use such Recording and content for our business purposes as set forth in these Terms or as required by law or legal process. Notwithstanding the foregoing, you may have certain choices with respect to access to or our retention of Recordings as set forth in our Privacy Policy.

c. No Further Use. You agree not to record, copy, redistribute, broadcast, publicly perform or publicly display any Advisory Session, except as allowed by these Terms. To the extent we make Recordings available to you, you agree to use them solely for your personal use and not for further distribution or publication.

d. Artificial Intelligence. Trailblazer may make use of artificial intelligence (“AI”) technologies to analyze Advisory Sessions and usage patterns in order to generate analytics information for Users and to improve the Platform or Services. By using our Services, you acknowledge and consent to such use of AI technologies.

9. Service Fees; Payment. Certain aspects of the Platform may be made available to you at no charge. In order to use Advisory Services, you are required to purchase hours of Advisory Services either on a “pay as you go” basis, or in blocks in advance (collectively, “Service Fees”), in each case as set forth in an ordering form and displayed when you are asked to confirm the purchase of hours for any Advisory Services. By using the Platform, you agree to pay all applicable Service Fees. We may suspend your Account if a payment is late or otherwise not successfully settled for any Service Fees until we receive payment of all past-due amounts. We may use a third-party payment service to bill you through an online account for your fees, as applicable, in lieu of directly processing your credit card information. By submitting your payment account information, you grant us the right to store and process your information with the third-party payment service, which may change from time to time; you agree that we will not be responsible for any failure of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of such third-party payment service in addition to these Terms. You agree that we may change the third-party payment service and move your information to other service providers that encrypt your information using transport layer security (TLS) or comparable security technology. You are solely responsible for all taxes associated with Services (excluding taxes based on Trailblazer’s net income). All Service Fees paid are non-refundable and are not subject to set-off.

10. Term and Termination. The effectiveness of these Terms commences upon the date you first access or use the Services, as applicable, and continues until terminated as set forth herein. You may terminate your Account at any time using the Account management functions of the Platform. Without limiting our other rights or remedies, we may suspend, deny or terminate your access to any or all of the Services if we determine, in our sole discretion: (a) that you have violated any terms of these Terms; (b) you have provided false or misleading information to us; (c) we are required to by law, legal process, or law enforcement; (d) your use of any Services results in (or is reasonably likely to result in) damage to or material degradation of the Platform which interferes with our ability to provide access to the Services to other users (provided that we will use reasonable good faith efforts to work with you to resolve or mitigate the damage or degradation in order to resolve the issue without resorting to suspension or limitation). We will use commercially reasonable efforts to notify you prior to any such suspension or limitation, and will reinstate your use of or access to the Platform, as applicable, if you remediate the issue promptly following receipt of such notice. If we terminate the Account of an Advisor, such Advisor will be entitled to payment for Advisory Services performed prior to the effective date of termination, payable within sixty (60) days of termination. Such payment will constitute full settlement of any and all claims of such Advisor of every description against Trailblazer. In addition to accrued obligations, the following sections will survive the termination or expiration of these Terms, including if Trailblazer ceases to provide the Services: Sections 3 (Ownership; Feedback), 6 (Content; Usage Data); 8.b (Privacy Rights); 9 (Service Fees; Payment); 10 (Term: Termination); 11 (Confidentiality); 13 (Disclaimers); 14 (Limitation of Liability); 15 (Indemnification); 16 (Agreement to Arbitrate) and 17(General Provisions).

11. Confidentiality. In connection with your use of any Services, you may receive or otherwise be provided access to certain confidential information of Trailblazer, our affiliates or other Users, including but not limited to personally identifiable information, technical, contractual, product, program, pricing, marketing and other sensitive or proprietary information that should reasonably be understood as confidential (collectively, “Confidential Information”). You agree: (a) to hold Confidential Information in strict confidence using, if applicable, the same degree of care you use to protect your own information of a like nature and in any event commercially reasonable means; (b) to not use the Confidential Information except for the purposes set forth in these Terms and not disclose such confidential information to any third party except, if applicable, your employees or contractors with a need to know such information for the purposes set forth in Terms and in which case you will be responsible for all actions or omissions of such personnel with respect to these Terms. We or our affiliates or the applicable Users retain all right, title and interest in and to Confidential Information. The confidentiality obligations set forth in this Section 11 do not apply with respect to any information that you can establish by sufficient evidence: (a) was lawfully in your possessions prior to receipt from us, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you or your personnel or otherwise in violation of the Terms; (c) you obtained from a third party with the right to disclose it to you and without an obligation to keep such information confidential; or (d) you independently developed without the use of or reference to Confidential Information. You may disclose Confidential Information to the extent required by law or court order, provided that, if legally permissible, you first notify us of such disclosure requirement and provide us with reasonable assistance to limit such disclosure at our expense.

12. Third Party Services. You acknowledge and agree that the Services may contain or be accompanied by certain software products or other services operated, licensed or provided by third parties, including without limitation software that is subject to open source licenses, including large language models and artificial intelligence applications (“Third-Party Services”). Trailblazer is not responsible for the operation or availability of any Third-Party Service or operation or availability of the Services, to the extent the Services rely on a Third-Party Service. You are solely responsible for procuring any and all rights necessary to access or use any Third-Party Service and you agree to comply with all applicable terms governing use of Third-Party Services. We make no representations or warranties with respect to Third-Party Services or any third-party service providers. Any exchange of data or other interaction between you and the provider of a Third-Party Service is solely between you and such third party and is governed by such third party’s applicable terms and conditions.

13. Disclaimers.

a. Service Disruptions. Our Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Trailblazer or by our third-party providers, or because of other causes beyond Trailblazer’s reasonable control. We will use reasonable efforts to provide advance notice within the Services or by e-mail of any scheduled service disruption.

b. Services Disclaimer. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TRAILBLAZER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. TRAILBLAZER DOES NOT WARRANT THAT: (i) THE SERVICES WILL BE UNINTERRUPTED, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (ii) THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES ARE ACCURATE OR RELIABLE.

c. Content Disclaimer. TRAILBLAZER AND OUR SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR, RESULTS OF, OR CORRECTNESS, ACCURACY OR RELIABILITY OF ANY CONTENT MADE AVAILABLE ON THE PLATFORM. YOU ASSUME THE ENTIRE RISK OF RELIANCE ON ANY SUCH CONTENT. YOU ACKNOWLEDGE AND AGREE THAT IF DOWNLOADING OR OTHERWISE OBTAINING ANY DATA OR MATERIALS THROUGH THE USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.

14. Limitation of Liability.

a. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRAILBLAZER BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SUBJECT MATTER OF THESE TERMS: (i) FOR ERRORS OR INTERRUPTION OF USE, ANY LOST PROFITS, DATA LOSS, LOST BUSINESS COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INCIDENTAL, MULTIPLE, PUNITIVE, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING); (ii) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL; OR (iii) FOR ANY DIRECT DAMAGES IN EXCESS OF AN AMOUNT EQUAL TO THE GREATER OF: (A) THE AGGREGATE SERVICE FEES PAID OR PAYABLE BY YOU TO TRAILBLAZER HEREUNDER IN THE SIX (6) MONTHS PRIOR TO THE EVENT FIRST GIVING RISE TO A CLAIM; AND (B) ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES PROVIDED OR MADE AVAILABLE TO YOU BY OTHER USERS OR THIRD PARTIES OTHER THAN TRAILBLAZER AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE PLATFORM OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE PLATFORM.

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

c. Waiver. If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

15. Indemnification. You shall indemnify, and hold harmless Trailblazer and its directors, officers, employees, contractors, suppliers and representatives (“Indemnitees”) and, at Trailblazer’s request, defend the Indemnitees for, from and against any liabilities, damages, judgments, awards, losses, costs or expenses (including reasonable attorneys’ fees and the fees of professional advisors) (“Losses”), that arise from or relate to any claim by a third party arising from or in connection with: (a) your Content or our use of your Content in connection with the Services infringing, violating, or misappropriating any third-party intellectual property or proprietary right, including any rights of privacy, or violating any applicable law; (b) your violation of these Terms or any applicable law including, if you are an Advisor, any Losses arising from your failure to pay any taxes, penalties, and payments due under Terms and the Advisor Addendum; or (c) any unauthorized use of your Account (each of (a), (b) and (c), a “Claim”). Your indemnification obligations hereunder shall be conditioned upon Trailblazer providing you with: (i) prompt written notice of any claim (provided that a failure to provide such notice shall only relieve you of your indemnity obligations if you are materially prejudiced by such failure); (ii) the option to assume sole control over the defense and settlement of any claim (provided that the applicable Indemnitee may participate in such defense and settlement at its own expense); and (iii) reasonable information and assistance in connection with such defense and settlement (at the Indemnitee’s expense).

16. Agreement to Arbitrate

a. Mandatory Arbitration of Disputes; Arbitration Procedures. Except if you opt-out, you agree that all disputes between you and Trailblazer (whether or not such dispute involves a third party) arising out of or relating to these Terms, including without limitation the Platform and other Services, and Privacy Policy, shall be finally resolved by arbitration before a single arbitrator conducted in the English language in San Francisco County, California, USA, and with a seat in such location, under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). You and Trailblazer shall appoint as sole arbitrator a person mutually agreed by you and us or, if you and Trailblazer cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, application may be made to any court for a judicial acceptance of the award or order of enforcement. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms.

b. Class Action Waiver. Any claims brought by you or Trailblazer must be brought in such party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You agree and acknowledge that neither you nor Trailblazer will participate in a class action or class-wide arbitration for any claims covered by these Terms. You hereby waive any and all rights to bring any claims related to these Terms and/or the Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You understand and agree that you may bring claims only on your own behalf.

c. Opt-Out. You may opt out of this Agreement to Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify Trailblazer in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement to Arbitrate and must include your name, address, phone number, your Account to which the opt-out applies and a clear statement that you want to opt out of this Agreement to Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. You must use this address to opt out:

Trailblazer Pathways, Inc., ATTN: Arbitration Opt-Out, jeff@trailblazergo.com

d. Effect of Changes on Arbitration. Notwithstanding any provision in these Terms to the contrary, you and Trailblazer agree that if Trailblazer make any change to the arbitration procedures (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Trailblazer prior to the effective date of the change. Moreover, if Trailblazer seek to terminate the arbitration procedures set forth in this Section 16 from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Procedures is posted to the Platform and shall not be effective as to any claim that was filed in a legal proceeding against Trailblazer prior to the effective date of removal.

e. Survival. In accordance with the survival provision of Section 10, this Section 16 shall survive the termination of your relationship with Trailblazer.

17. General Provisions.

a. Entire Agreement. These Terms, including the documents and terms incorporated by reference, constitute the entire agreement between you and Trailblazer with respect to its subject matter and supersedes all prior or contemporaneous agreements, communications and understandings, whether written or oral.

b. Governing Law and Disputes. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms shall be resolved exclusively in the state and federal courts sitting in the State of California.

c. Compliance with Laws. You agree to comply with all applicable local, state, national, and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations governing use, transmission and/or communication of content, in connection with your access to or use of any Services.

d. Severability and Waiver. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed from these Terms, and the remainder of the Terms shall continue to be valid and enforceable. The failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

e. Headings; Interpretation. Captions and headings contained in these Terms have been included for ease of reference and convenience and shall not be considered in interpreting or construing these Terms. Except where the context expressly requires otherwise: (i) the use of the singular will be deemed to include the plural (and vice versa); (ii) the words “include”, “includes”, “including” or “e.g.” will be deemed to be followed by the phrase “without limitation”; (iii) the word “will” will be construed to have the same meaning and effect as the word “shall”; (iv) the words “herein”, “hereof” and “hereunder”, or any word of similar import, will be construed to refer to these Terms in its entirety and not to any particular provision hereof; and (v) the term “or” will be interpreted in the inclusive sense commonly associated with the term “and/or”.

f. Jurisdictional Issues; Export Controls. Trailblazer makes no representations that information through the Services is appropriate or available for use outside the United States. If you choose to access or use the Services from outside the United States, you do so on your own initiative and at your own risk and you agree and acknowledge that you are responsible for complying with all applicable United States laws as well as your local laws and regulations. You are responsible for complying with all applicable United States laws as well as any local laws and regulations that may impact your transaction and you understand that Trailblazer disclaims all responsibility related to such activities and compliance obligations. Without limiting the foregoing, you may not access, use, export, re-export, divert, transfer in-country, or disclose any portion of the Services or any related software, technical information, or materials, directly or indirectly, in violation of any United States and other applicable country export controls and sanctions laws, rules, and regulations and requirements. You agree not to upload any Content (including information on encryption) whose export is specifically controlled by such laws.

g. Notice for California Users. Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.D.

h. Notice to Apple Users. If you are accessing our Platform via our iOS device mobile application, the terms of this Section 17.h apply. You acknowledge that these Terms are between you and Trailblazer only, not with Apple, and Apple is not responsible for the Platform. Apple has no obligation to furnish any maintenance or support services with respect to the Platform. If the Platform fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Platform. Apple is not responsible for addressing any claim by you or any third party relating to the Platform or your possession or use of the Platform, including: (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the Platform or your possession and use of the mobile application infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Platform. Apple and Apple’s subsidiaries are third party beneficiaries of this Section 17.h, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 17.h against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1, Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

i. Contact Information. If you have any questions about these Terms, please contact us via email at contact@trailblazergo.com.