Terms of Use

  1. USER AGREEMENT

Passion Analytics, Inc. provides an online platform and related services (the “Services”) internationally via (i) one or more of our websites, (ii) our mobile applications, (iii) Facebook website or Facebook Messenger Chat, and/or (iv) associated services (collectively, the “Site”). By accessing or using our Site, you agree to be bound by the Terms of Use (the “Terms”), our Privacy Policy and all other policies applicable to your use of the Site (collectively, the “Policies”). The Site is not intended for access by individuals without the capacity to be legally bound by these Terms.

We may modify the Terms and any of the Policies listed on our Site from time to time. If you object to any changes, you may close your account by typing “stop” or “unsubscribe” in the chat. Your continued use of our Site after we publish or send a notice about the changes means that you are consenting to the changes.

  1. YOUR ACCOUNT
    • You must be at least (i) 13 years old to use any Services offered on the Site, and (ii) 18 years old to purchase any Services as provided in Section 3 below. If you are less than 13 years of age, you may not, under any circumstances or for any reason, use the Services or access the Site. The Services and the Site are not targeted to or meant for anyone who has not reached 13 years of age. Notwithstanding anything written herein, if your use of the Site or Services is prohibited by applicable laws, then you are not authorized to use the Site or Services and should not set up an account on the Site (the “Account”). Your Account is not transferable to another party.
    • The Children’s Online Privacy Protection Act (COPPA) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13. If you are a child under 13, please do not send any personal information about yourself to us. If we learn we have collected personally identifiable information from a child under 13 without parental consent, we will delete that information.
    • When opening an Account you must provide complete and accurate information. We reserve the right to temporarily or permanently suspend Accounts with incomplete or inaccurate information. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
    • You are solely responsible for maintaining the confidentiality of your Account information and password.
    • By using the Site and providing your contact information to us, you are authorizing us to contact you to share information we deem to be relevant to you and the Services you are receiving from us on the Site. For example, we may send you emails containing information about various careers, educational programs, counseling options, and services and products we believe may be of interest to you. You have the right to change your contact preferences at any time.
    • You have the right to close the Account at any time by typing “stop” or “unsubscribe” in the chat. If you close the Account, it may result in permanent destruction of any information you provided to us pursuant to your Account.
    • All communications between you and us are subject to our Privacy Policy. Please review it periodically and contact us with any questions.
  2. PURCHASES AND BILLING
    • In order to purchase certain Services available on the Site, you must provide at least one valid payment method. You hereby authorize us to run credit card authorizations, to store credit card and banking or other financial details, and to charge your credit card for purchases made by you on the Site. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use third-party vendors and service providers to process payments and manage your payment information.
    • If payment is not received by the due date, you will have a three day grace period to make the payment before forfeiting the Service.
    • You are solely responsible for any activity relating to your Account, including all purchases placed through your Account. All purchases are final and no refunds will be issued for any products or Services purchased on the Site unless mandated by applicable laws or regulations.
    • We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. If we make a change to or cancel your order, we may attempt to notify you by using the e-mail and/or billing address/phone number provided by you.
  3. CONTENT
    • Any content made available by us on the Site (collectively, the “Content”) is made available to you through a non-exclusive, non-transferable, limited license to access and use the Content for your individual and non-commercial purposes only. The Content is provided for general career planning purposes only and use of the Site, Services or Content, is not a guarantee of successful career decisions or transitions.  Any reliance you place on the Content is therefore strictly at your own risk.
    • We may provide links to third-party websites and resources on the Site (“Third-Party Content”) or use third party software to develop and update the Site (“Third-Party Software”). You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such Third-Party Content and Third-Party Software.
      • Links to Third-Party Content does not constitute our indorsement of such Third-Party Content and you assume all risk arising from your use of any such Third-Party Content. You agree to comply with any and all requirements or restrictions imposed with respect to usage of such Third-Party Content by its respective owners.
      • We are not responsible for the data collected by Third-Party Software and are not responsible for the practices employed by owners of Third-Party Software. Nevertheless, we take all reasonable measures available to us to protect confidential information made available to us through the Site. Please see our Privacy Policy for further information on how we collect, use, store and disclose data collected from you.
      • If you access the Content through the Facebook Messenger platform, your use will be subject to Facebook’s privacy policy, which can be found here: https://www.facebook.com/privacy/explanation.
    • Except as expressly permitted herein, you may not: (a) substantially or systematically download, reproduce, retain or redistribute the Content; (b) abridge, modify, translate or create any derivative work based upon the Content without our prior written consent; (c) sell, resell, rent, lease, license, sublicense, assign or otherwise transfer any rights granted herein, including, but not limited to, use of the Content; (d) remove, obscure or modify in any way copyright notices, other notices or disclaimers that appear on the Content; or (e) reverse engineer, disassemble, decompile or translate any algorithm, methodology or software, or otherwise attempt to derive the source code, structural framework or the data records of such software.
    • You acknowledge and agree that all right, title and interest in and to the Content, including all copyright and other intellectual property rights under United States and international laws and treaties, remain with us and our licensors.
  4. THE SITE
    • When using our Site and Services, you agree that you will not do any of the following:
  • behave in an abusive manner to any of our employee or other users;
  • breach or circumvent any laws, third party rights or our Policies;
  • use our trademarks without our prior written permission;
  • copy, reproduce, reverse engineer, modify, create derivative works from, distribute or publicly display any content (except for your information) or software from our Site or Services without our prior express written permission and the appropriate third party, as applicable;
  • use any robot, spider, scraper or other automated means to access our Site or Services for any purpose without our express written permission;
  • interfere or attempt to interfere with the proper working of our Site or Services or any activities conducted on or with our Site or Services;
  • bypass our robot exclusion headers, robots.txt rules or any other measures we may use to prevent or restrict access to our Site or Services;
  • commercialize any of our information or software;
  • do anything else that we determine, in our sole reasonable discretion, misuses the Site or Services or otherwise negatively impacts our company.
    • We reserve the right at any time to modify or discontinue, temporarily or permanently, the Site, the Services or any part of the Site or Services with or without notice for any reason.
  1. DISCLAIMER OF WARRANTIES & ASSUMPTION OF RISK AND PERSONAL RESPONSIBILITY
    • TO THE EXTENT ALLOWED UNDER LAW, WE (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, TITLE AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICES (INCLUDING ALL CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
    • We have made every effort to provide accurate and up-to-date information on our Site. However, by using the Site, you assume all risks and agree to use your best judgement when evaluating the information provided to you. We cannot guarantee and are not responsible or accountable for the accuracy of the Site, the Services or Content.
    • You understand that we are not licensed professional therapists, educators or coaches and the Site cannot give specific career advice. You further understand that our Services are meant to educate you about different tools and strategies that you can choose to use at your own discretion. However, we cannot guarantee any specific results. If you are unsure of the information or how it applies to you, you should obtain further advice from licensed professionals.
  2. LIMITATION OF LIABILITY & INDEMNIFICATION
    • You agree to indemnify, defend and hold us harmless, our affiliates and our officers, agents and employees from and against any and all claims, damages, liabilities, losses and/or expenses (including reasonable attorneys’ fees and costs) (collectively, the “Losses”) resulting from any claim or threatened claim of third parties that arise from any: (a) alleged or actual infringement or misappropriation of any copyright, patent, trademark, trade secret or other right based upon your use of the Site, Services or Content; (b) your breach of these Terms. This provision shall survive the termination or expiration of the Terms.
    • TO THE EXTENT PERMITTED UNDER LAW, WE SHALL NOT BE LIABLE TO YOU OR OTHERS FOR (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, (II) ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES; OR (III) DAMAGES RELATING TO: (A) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (B) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR SITE OR SERVICES OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO OUR SITE OR SERVICES; (C) ANY USER CONTENT OR CONTENT OF THIRD PARTIES.
    • REGARDLESS OF THE PREVIOUS CLAUSES, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAID FOR THE SERVICE DURING THE PAST YEAR OR (B) $200. IN ADDITION, IF YOU ARE DISSATISFIED WITH CERTAIN SERVICS PURCHASED ON OUR SITE, WE RESERVE THE RIGHT TO PROVIDE REPLACEMENT SERVICES OF SIMILAR OR GREATER VALUE OR TO REFUND YOU THE COST OF THE SERVICES AT OUR SOLE DISCRETION.
  3. TERM AND TERMINATION
    • The Terms shall commence on the date that you register an Account with us or access the Site to use the Services or the Content, whichever is earlier, and will continue for an indefinite period unless terminated in accordance with these provisions. Termination of the Terms shall not affect the rights or liabilities of either party accrued prior to and including the date of termination.
    • Notwithstanding anything herein to the contrary, these Terms may be terminated as follows:
      • Either party may terminate these Terms in the event of a material breach by the other party that remains uncured thirty (30) days after the non-breaching party gives the breaching party written notice of such breach.
      • We reserve the right to suspend your access to the Content in the event of your material breach or threatened material breach of Section 4 above. The suspension shall remain in effect until you have cured the breach or threatened breach in all material respects, and you shall not be entitled to a refund of any fees during such suspension. If you do not cure the breach within thirty (30) days after notice of such breach, we shall be entitled to terminate the rights granted to you under these Terms.
      • We reserve the right to investigate any potential or suspected violations of the Terms or the Policies. If we believe that there was a breach of the Terms or the Policies or you have engaged in illegal activities on our Site, we may temporarily or permanently suspend your Account and terminate the Terms immediately. We reserve the right to report any activity that we believe to be illegal to the appropriate authorities.
    • The provisions of the Terms that should by their nature survive termination of the Terms shall survive such termination, including, but not limited to, Sections 4, 6, 7, 9 and 10.
  4. GOVERNING LAW AND VENUE.
    • These shall be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to its conflict of laws principles.
    • Any controversy or claim arising out of or relating to the Terms or the breach, termination, or validity thereof, except for temporary, preliminary, or permanent injunctive relief or any other form of equitable relief, shall be settled by binding arbitration before a single arbitrator in accordance with the then existing Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be held in Boston, Massachusetts or any other place agreed upon at the time by the parties. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages.
    • The arbitrator shall issue a reasoned award. Judgment upon the arbitrator’s award may be entered in any court having jurisdiction over the dispute. The arbitration proceedings and arbitrator’s award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award.
    • The parties agree that they will notify each other in writing of any dispute within thirty (30) days of when it arises. Notices to us shall be sent to 130 Fuller St #5, Brookline, MA 02446.The parties further agree to attempt informal resolution prior to any demand for arbitration.
  5. MISCELLANEOUS PROVISIONS

You may not assign, sublicense or delegate any right or obligation hereunder, by operation of law or otherwise, without our prior written consent. These Terms constitute the final and entire agreement of the parties on the subject matter hereof and supersede all previous and contemporaneous oral and written negotiations or agreements on such subject matter. The failure of either party to require strict performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. If any provision of these Terms shall be held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its unenforceability. Such provision shall be ineffective to the extent of its invalidity or unenforceability only, without in any way affecting the remaining parts of these Terms.

Version 1.0, October 17, 2018

End of Terms of Use

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