legal

Terms + Conditions

Effective Date: October 18, 2025

Business Name: Erich Fogg LLC dba Pathway to Pass

Jurisdiction: State of Maine, United States

Website: www.pathwaytopass.com

These Terms govern your use of our website, coaching, and digital products. By using this Site, you agree to comply with these Terms and our Privacy Policy.

Use of Site
You must be 18 or older to use this Site or purchase our services.

Coaching Services
Our services are educational in nature and do not guarantee results such as passing the PANCE or PANRE. Coaching is not therapy, medical, or academic advising.

Digital Products
SmartyPANCE

Courses and materials sold via Kajabi or other platforms are for individual use only. Unauthorized reproduction, distribution, or resale is prohibited.

Beyond The Cut Score: PA Exam Mastery (BTCS)
This digital course is hosted via Circle.so and sold through ThriveCart. Enrollment includes lifetime access to both the course content and private Circle community for as long as those products exist. All downloads, course materials, and replays are for personal educational use only and may not be copied, resold, or shared. Unauthorized distribution of materials will result in immediate removal from the course and community without refund.

BTCS is a non-refundable program. Once access has been granted, no refunds, cancellations, or transfers will be permitted for any reason.

Your participation in the Circle-hosted community is also subject to Circle.so’s own Terms of Service and Privacy Policy. Pathway to Pass is not responsible for Circle’s uptime, security, or platform functionality.

Account Access & Responsibility
You agree to provide accurate information and protect your login credentials. You are responsible for all activity under your account.

Intellectual Property
All content on this site is owned by Erich Fogg LLC and may not be copied, distributed, or reused without written permission.

Prohibited Use
You may not use this site to:
  • Engage in unlawful activity
  • Violate intellectual property rights
  • Interfere with site functionality or other users
  • We reserve the right to terminate access for violations.

Limitation of Liability
We are not liable for any direct or indirect damages resulting from use of our services or site content.

No Medical or Academic Guarantees
Pathway to Pass provides educational tools and strategies only. We make no guarantees regarding academic outcomes, certification exam results, or employment opportunities. Your success depends on your individual effort, understanding, and implementation.

Changes
We may update these Terms at any time, including to reflect new products, community platforms, or affiliate programs. Continued use of our Site or participation in our courses or programs constitutes acceptance of any updated Terms.

Policy

Refunds

Effective Date: October 18, 2025

Business Name: Erich Fogg LLC dba Pathway to Pass

Coaching Sessions
  • All coaching sessions are final sale and non-refundable.
  • Missed or canceled sessions with less than 24 hours’ notice may be forfeited.
  • Bundled sessions are discounted and non-transferable.

SmartyPANCE Course
  • We offer a 100% money-back guarantee.
  • Requests must be made within 14 days of purchase.
  • Refund requests must include your full name, purchase email, and a brief explanation.

Upon refund, your access to all course materials will be revoked, and you must delete or cease use of any downloads, videos, or replays.

Beyond The Cut Score: PA Exam Mastery (BTCS)
This program is non-refundable. Once enrolled, you receive immediate access to the full course, private Circle community, and downloadable materials. For that reason, no refunds, cancellations, or transfers will be permitted under any circumstances.

Participants receive lifetime access to the BTCS course and community for as long as both products exist. All materials are for personal educational use only and may not be copied, shared, resold, or redistributed.

Policy

Disclaimers

Effective Date: October 18, 2025

Business Name: Erich Fogg LLC dba Pathway to Pass

Educational Purposes Only
This website and its content are provided for educational purposes only. Coaching is not a substitute for PA school education, professional academic advising, or medical/mental health care.

This includes all online courses, workshops, and community spaces hosted on third-party platforms such as Circle.so. These programs are intended solely for educational purposes and should not be construed as academic remediation, medical education, or professional advising.

No Guarantees
We do not guarantee any specific results or outcomes, including passing scores. Individual success depends on personal effort, timing, and various external factors.

Past student results, including score improvements or testimonials, are not promises of future performance. Pathway to Pass makes no academic, professional, or medical guarantees related to participation in any course, coaching session, or program, including Beyond The Cut Score: PA Exam Mastery.

Testimonials
Testimonials reflect individual experiences and are not a guarantee of similar results.

No Client Relationship
Use of this website or content does not create a coach-client or provider-client relationship until a formal service is purchased and confirmed.

Personal Responsibility
By using this site, you accept full responsibility for your decisions, actions, and outcomes.

Affiliate Disclosures
Some links or mentions on this website may be affiliate links. This means Pathway to Pass or its Ambassadors may earn a commission if you purchase through those links. Ambassadors are required to clearly disclose their affiliate relationship when promoting Pathway to Pass products, in compliance with FTC regulations.

External Links
We may link to third-party websites for your convenience. We do not endorse or take responsibility for content on external sites.

Contact
For any legal concerns or clarifications, email: pathwaytopass@gmail.com.

Policy

Privacy

Effective Date: October 18, 2025
Business Name: Erich Fogg LLC dba Pathway to Pass
Business Address: 52 Birdie Lane, Wells, ME 04090
Website: www.pathwaytopass.com

This Privacy Policy outlines how we collect, use, and protect your information when you visit www.pathwaytopass.com (“Site”) or engage with our coaching or digital products.

Information We Collect

We may collect:
  • Personal information: name, email address, phone number, billing information
  • Technical data: IP address, browser type, usage stats (via Google Analytics)
  • Voluntarily submitted data through forms, surveys, checkout pages, or emails

We may also collect information related to your purchases, course activity, or community participation through third-party platforms such as ThriveCart and Circle.so. This may include login credentials, transaction details, and participation data used to provide you with ongoing access to purchased products and community spaces.

If you apply to become an Ambassador, we may collect additional information such as your PayPal email address for commission payments, and data related to your affiliate performance through ThriveCart’s affiliate dashboard.

Use of Information

We use your data to:
  • Process transactions
  • Deliver coaching and course services
  • Send updates through ConvertKit (KIT), Kajabi, and HoneyBook and other platforms
  • Improve our content, user experience, and communication

We also use your information to:

  • Provide access to courses and community spaces hosted on Circle.so
  • Manage affiliate or ambassador accounts and process related payments via ThriveCart
  • Administer contests, rewards, and incentive programs connected to the Ambassador Program

Cookies & Analytics
We use cookies and pixels (including Google Analytics) to track site activity. You can adjust cookie preferences in your browser settings.

If you use affiliate or referral links, we may use tracking cookies to attribute sales to specific Ambassadors for commission purposes. These cookies remain active for up to 60 days, consistent with our affiliate program terms.

Third-Party Sharing
We do not sell your personal data. Your data may be shared with trusted service providers (e.g., Kajabi, HoneyBook) solely to fulfill services or legal obligations.

We utilize several trusted third-party platforms, including ThriveCart (checkout and affiliate management), Circle.so (course and community hosting), Kajabi (digital product access), ConvertKit (email delivery), and HoneyBook (client management). Each platform has its own privacy practices that govern how your data is handled when interacting with their services. We encourage you to review their respective privacy policies.

Email Communications
All email marketing is compliant with the CAN-SPAM Act. You may unsubscribe at any time using the link at the bottom of any email.

Children's Privacy
Our website is not intended for individuals under 13. We do not knowingly collect data from children.

Security
We use commercially reasonable methods to protect your information but cannot guarantee absolute security due to the nature of online communication.

Contact
For questions, contact us at: pathwaytopass@gmail.com.

Policy

Ambassador

Effective Date: October 18, 2025
Business Name: Erich Fogg LLC dba Pathway to Pass
Business Address: 52 Birdie Lane, Wells, ME 04090
Website: www.pathwaytopass.com

Ambassador Program Overview
Approved Ambassadors may promote Beyond The Cut Score and other designated Pathway to Pass offerings using their unique affiliate link provided through ThriveCart. Ambassadors must maintain an active PayPal account for commission payments.

Commissions & Payouts
Ambassadors earn $50 per qualifying sale and may offer their audience a $15 discount using their unique code. Commissions are tracked using a 60-day last-cookie attribution window through ThriveCart and are paid on the 5th of each month for verified sales from the previous month. A $50 minimum payout threshold applies.

Prizes & Incentives
If offered by the company, ambassadors are automatically entered into monthly prize drawings. Each qualifying sale counts as one entry, and each Ambassador is eligible to win one prize per month.

Independent Contractor Relationship
Ambassadors are independent contractors, not employees or representatives of Erich Fogg LLC or Pathway to Pass. Ambassadors are solely responsible for their own tax reporting and compliance with local laws.

Disclosure Requirements
Ambassadors must comply with all FTC endorsement guidelines, clearly disclosing their paid relationship when promoting Pathway to Pass products. For example: “As an Ambassador, I may earn a commission if you purchase through my link.”

Termination
Pathway to Pass reserves the right to revoke Ambassador status at any time for misuse of materials, false claims, spamming, or non-compliance with these Terms.