Terms of Use

1. Acceptance of terms of use and amendments

PersonaVita.com (the "Web Site") is owned and operated by PersonaVita, Inc. (the "Company," "we," or "us"). Each time you use, view, or access the Web Site you agree to be bound by these Terms of Use, which may be amended from time to time. In addition, if you use or purchase any products or services through the Web Site, you also will be subject to any terms and conditions applicable to those products and services.

We reserve the right, at any time, to modify or discontinue the Web Site, with or without notice; charge fees in connection with the use of the Web Site; modify or waive any fees charged in connection with the Web Site; and offer opportunities to some or all users of the Web Site. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Web Site, in whole or in part, or of any products or services, content, feature, or product offered through the Web Site. Your continued use of the Web Site after such changes will indicate your acceptance of such changes.

The Web Site is available only to people who are of legal age to form a binding contract, and in no event may the Web Site be used by a person aged 13 or younger. The Web Site is controlled and operated by PersonaVita from the United States of America, and PersonaVita does not represent or warrant that the Web Site is appropriate or available for use in any particular jurisdiction. You choose to view or use the Web Site on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations.

2) Company's Service

We endeavor to provide users of the Web Site with access to certain specialized content and services related to building and maintaining personal brands and/or personal and professional reputations. The Web Site acts as a venue for individuals to build and maintain a personal brand and to publicize their personal and professional reputations, as well as for other individuals and companies to view such information. PersonaVita does not review, screen, edit or monitor all of the content submitted to the Web Site or make judgments about such content or the users that submit the content. PersonaVita is not directly involved in any transaction between a potential employer and any individuals through the Web Site.

While we attempt to provide useful information through our Brand Equity and Trade ("BEaT") system of measurement, you acknowledge that BEaT is reliant upon third-party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that such information may be incomplete or may contain inaccuracies, and that information on the Web Site may be outdated or contain errors, omissions, or misinterpretations of information. You further acknowledge that a BEaT measurement and any other information contained in a user's profile, such as anonymous validation, are based on the data obtained by or submitted to PersonaVita, which may be incomplete or inaccurate, and rely on automated interpretations of the information gathered by or submitted to PersonaVita. A BEaT measurement reflects our assessment of a user based upon the information obtained by or submitted to us; someone else's assessment of the same user may be different or based upon different information. Neither the BEaT measurement nor any other information contained on the Web Site is an endorsement of any particular user or a guarantee of that user's quality, competency, qualifications, experience, resources, character, honesty, integrity, or other personal and professional characteristics. You should verify the accuracy of any information you obtain from the Web Site before using such information, and you should obtain independent references for any user that you are considering hiring or otherwise engaging. You agree to be solely responsible for your use of the Web Site and any BEaT measurement.

The Web Site and any products or services made available through the Web Site are provided on an "AS IS, AS AVAILABLE" basis. PersonaVita will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

PERSONAVITA IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE WEB SITE, INCLUDING WITHOUT LIMITATION USER PROFILE INFORMATION AND BEaT MEASUREMENTS. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE WEB SITE SAFE, WE DO NOT REPRESENT OR WARRANT THAT THE WEB SITE OR ITS SERVERS OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

3) Your Responsibilities and Registration Obligations

In order to use the Web Site or certain parts of it, you may be required to register for a user account. In this case, you agree to provide accurate information when establishing your account. You are responsible for maintaining the confidentiality of your password and keeping it secure, and you will be responsible for all usage of your user account and user name, whether authorized or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your user account, user name, or password. In addition, you agree that you will never use another user's account.

PersonaVita will not be liable for any losses or damages caused by the unauthorized use of your account. However, you may be liable for the losses of PersonaVita or others due to such unauthorized use. Although we have confidence in our security policies, their effectiveness relies upon your adherence to these Terms of Use.

We reserve the right, in our sole discretion, to terminate or suspend your account if we believe, or have been notified by a third party of its belief that, you may be infringing the rights of others, violating the copyrights of others, or engaging in any inappropriate behavior. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Web Site or to any products or services available through the Web Site for any reason or no reason, with or without notice. In the event of termination, your account will be disabled and you will not have access to your account. We generally return your content to you after your account is terminated. However, you should be aware that, in some circumstances, we may not be able to return your content to you and that you may not otherwise have access to your content, although residual copies of such information may remain in our system for back-up purposes.

4) Your Conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, images, articles, user comments, video or other materials (collectively, "content"), made available publicly or privately, will be under the sole responsibility of the person providing such content or of the person whose user account is used in connection with such content. You understand that you may view content on the Web Site that may be objectionable to you. PersonaVita will not be responsible to you in any way for any content displayed on the Web Site, nor for any error or omission relating to such content.

By using the Web Site or any product or service available through the Web Site, you agree that:

(a) you will not provide any content or conduct yourself in any way that may be construed as unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to interfere with or disrupt the operation of the Web Site or any product or service available through the Web Site, infected with a virus or other destructive or deleterious programming routine, giving rise to civil or criminal liability, or in violation of an applicable local, national or international law;

(b) you will not impersonate or misrepresent your association with any person or entity, and you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(c) you will not attempt to aggregate or otherwise collect or harvest any information about the collective users of the Web Site;

(d) you will not attempt to disable or circumvent any features of the system that are designed to limit your access to certain information about a user or users of the Web Site, and you will otherwise not collect or harvest any information about a given user if you are not a person in a bona fide category to which such user has given permission for access;

(e) you will not provide, and you will not use the Web Site to provide, any content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; and you will not use the Web Site to promote or operate any service without Company's prior written consent; and

(f) you will not provide any content that may give rise to the Company being held civilly or criminally liable or that may be considered a violation of any law, including without limitation laws relating to copyrights, trademarks, patents, or trade secrets.

If you provide any content or other information through the Web Site that we are given any reason to believe may be false, inaccurate, misleading, or incomplete, we may terminate your use of the Web Site and any products or services available through the Web Site.

5) License to Use Your Content

Although you retain any ownership rights that you may have to your content, by submitting or providing any content to the Web Site, you hereby grant PersonaVita and its successors and assigns a perpetual, worldwide, non-exclusive, royalty-free, irrevocable right and license (including any moral rights or other necessary rights) to use, display, reproduce, publish, distribute, perform, promote, archive, adapt, or translate such content in connection with the Web Site in whole or in part and in any media now known or developed in the future; provided that we will make reasonable commercial efforts to subject such license to system standard restrictions or limitations that may be available from time to time and that you may choose from time to time in connection with the creation or maintenance of your public profile. Without this license, PersonaVita would not be able to make your content available through the Web Site.

You represent and warrant that you have all legal, moral, and other rights that may be necessary to grant the Company the license described in the preceding paragraph. You agree that you will not make any claims against PersonaVita based on any allegations that any activities or alleged omissions within the Web Site, whether or not by or condoned by PersonaVita, infringe any intellectual property rights associated with your content. You acknowledge and agree that PersonaVita has the right (but not obligation), in its sole discretion, to refuse to publish or to remove or block access to any content you submit or provide to the Web Site at any time and for any reason, with or without notice.

6) Links to Other Sites and Third-party Services

The Web Site may contain links to third-party web sites. These links are provided as a convenience to you and not as an endorsement by PersonaVita of the contents of such third-party web sites. PersonaVita is not responsible for the content of linked third-party web sites and does not make any representations regarding the content or accuracy of materials on such web sites. If you decide to access linked third-party web sites, you do so at your own risk.

In addition, the products and services of third parties may be advertised or made available through the Web Site. Representations made regarding such products and services will be governed by the policies and representations made by such third parties. PersonaVita will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

7) Intellectual Property Rights

You acknowledge that PersonaVita owns all right, title, and interest in and to the Web Site, including all intellectual property rights. PERSONAVITA, BeAT, CREATE YOURSELF, ORGANIC NETWORKS, the PersonaVita logo design, and other PersonaVita graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of PersonaVita. In order to protect our brand, our trademarks, service marks, and trade dress may not be used without our explicit written permission. The only time you can use our trademarks, service marks, or trade dress without advance written permission is if there is clear and express language in these Terms of Use, stating that you can use that trademark without first obtaining explicit written permission. In such case, you must abide by the terms relating to the authorized use.

By making the Web Site and any products and services available through the Web Site available to you, PersonaVita is not providing you with any implied or express licenses or rights, and you will have no rights to make any use of the Web Site or the products and services available through the Web Site, except as provided in these Terms of Use.

8) Payment for Services

If you register for a product or service that requires the payment of fees by you, such fees will be paid by you by credit card upon your registration for such product or service. If you do not pay for a product or service as required, we may suspend such product or service. You may terminate any product or service, and you will not be charged for such product or service beginning with the next calendar month following the date you provide us with notice of your termination through your account profile. If your credit card expires or otherwise declines payment, your products or services may be suspended. In order for us to process payments, you must provide us with certain personally identifiable information. We may process payments using a third-party service provider. In that case, the payment process will be subject to the terms of use and privacy policy of that third-party service provider. IF YOU DISPUTE ANY CHARGES, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS FROM THE DATE OF THE CHARGE; failure to notify us within this time will result in the waiver by you of any claim relating to any such disputed charge.

9) Notice to Copyright Holders

We are committed to upholding the rights of copyright holders. If you are a copyright holder, or an agent of a copyright holder, and you believe that a Web Site user posting, submission, or other content infringes upon your copyright, please submit a notification to us. You may do so pursuant to the Digital Millennium Copyright Act, by providing the following information to our copyright agent:

• A physical or electronic signature of a copyright owner or an authorized agent of anyone who holds proprietary rights to the material that has been infringed.

• Specific identification of the material claimed to have been infringed.

• Specific identification of the material that is claimed to be infringing.

• A statement that you believe the use of material, in the way that you have deemed unlawful, is not authorized by the copyright owner or its agent.

• A statement that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right, under penalty of perjury.

• Contact information, such as a street address, telephone number and an email address, so that we can contact you.

Such information must be sent to our copyright agent by email at legal@personavita.com.

10) Privacy

As a condition to using this Web Site, you agree to the terms of PersonaVita's Privacy Policy, which is incorporated into these Terms of Use by this reference. The Privacy Policy may be updated from time to time. You agree that PersonaVita may access or disclose your personal information, including the content of your communications, if it is required to do so in order to comply with any legal process or governmental request, or as otherwise provided in the Privacy Policy or these Terms of Use. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE WEB SITE, YOU DO SO AT YOUR OWN RISK.

11) Indemnification

You agree to indemnify and hold harmless PersonaVita and its shareholders, representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including without limitation reasonable attorney fees, that may be asserted or filed by any third party, arising out of your conduct or connection with the Web Site or any product or service available through the Web Site, your submission or provision of content to the Web Site, your violation of these Terms of Use, or any other violation by you of the rights of another person or party.

12) DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE WEB SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE AND ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEB SITE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERSONAVITA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

(b) PERSONAVITA DOES NOT WARRANT THAT (i) THE WEB SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEB SITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEB SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, RELIABLE, ERROR-FREE, VIRUS-FREE, OR OF ANY QUALITY; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTIONS; OR (iv) ANY ERRORS IN THE WEB SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEB SITE WILL BE CORRECTED.

(c) IF YOU DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE WEB SITE.

(d) NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PERSONAVITA OR THROUGH OR FROM THE WEB SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. NEITHER PERSONAVITA NOR ANY PARTICIPANT IN THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEB SITE PROVIDES PROFESSIONAL ADVICE OF ANY KIND, AND ANY ADVICE OR OTHER INFORMATION OBTAINED VIA THE WEB SITE SHALL BE USED SOLELY AT YOUR OWN RISK.

13) LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PERSONAVITA WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PERSONAVITA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE WEB SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEB SITE; (B) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION, PRODUCTS, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, DATA, OR TRANSMISSIONS; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE OR USING ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEB SITE; OR (E) ANY OTHER MATTER RELATING TO THE WEB SITE OR THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEB SITE.

14) Filtering

Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). PersonaVita does not endorse any of the products or services listed at these web sites.

15) Information or Complaints

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Web Site, please send an email to legal@personavita.com. You also may contact us by writing to 980 9th Street, 16th Floor, Sacramento, CA 95814, or by calling us at (916) 303-4444. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

16) Choice of Law; Jurisdiction; Forum

These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. You agree that any claim, legal proceeding, or litigation arising in connection with your use of the Web Site or any products or services obtained through the Web Site will be brought solely in Sacramento County, California, and you consent to the jurisdiction of the federal and state courts in Sacramento County, California.

17) Miscellaneous Provisions

You may not assign your rights or delegate your obligations under these Terms of Use without the prior written consent of a duly authorized executive officer of PersonaVita. Unless expressly provided in these Terms of Use, these Terms of Use are not intended to benefit, nor shall they be deemed to give rise to, any rights in any third party. The waiver by PersonaVita of a breach of any provision of these Terms of Use shall not be taken or held to be a waiver of the provision itself. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Use shall remain in full force and effect. You agree that PersonaVita may provide you with notices, including notices regarding changes to these Terms of Use, by email, regular mail or postings on the Web Site.

18) Entire Agreement

These Terms of Use (together with the terms of PersonaVita's Privacy Policy, which are understood to be incorporated into these Terms of Use) constitute the entire agreement between you and PersonaVita and govern your use of the Web Site, superseding any prior agreements between you and PersonaVita. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other PersonaVita products or services, third-party content, or third-party software. In the event of any inconsistency between these Terms of Use and the terms and conditions relating to any specific product or service available through the Web Site, these Terms of Use shall control.