Last Modified: January 1, 2026
Thank you for your interest in PersonaPick (referred to as "PersonaPick", "us", "we", or "our" as the context may require). These Terms of Service (the "Terms") serve as an agreement between you and us, and set forth the terms and conditions by which you may access and use the PersonaPick website and mobile application(s) (each a "Site"), and our related services, products, and content (together with the Sites, collectively referred to as the "Services").
BY USING THE SERVICES, WHETHER THROUGH YOUR COMPUTER OR A MOBILE DEVICE OR MOBILE APPLICATION, YOU AFFIRM THAT YOU ARE OF LEGAL AGE, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND THE PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE (COLLECTIVELY, THE "AGREEMENT").
YOU MAY NOT SUBSCRIBE TO THE SERVICES IF YOU (A) DO NOT AGREE TO THE AGREEMENT, (B) ARE NOT THE OLDER OF (i) AT LEAST 16 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH PERSONAPICK, OR (C) ARE PROHIBITED FROM USING THE SERVICES, OR PURCHASING ANY OF THE SERVICES, BY APPLICABLE LAW.
PLEASE REVIEW THE DISPUTE RESOLUTION PROVISION SET FORTH BELOW CAREFULLY. YOU ARE REQUIRED TO RESOLVE DISPUTES WITH PERSONAPICK ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THE AGREEMENT AND THE CONSEQUENCES THEREOF.
These Terms may be modified without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Modified" date referenced on the site. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Site, however, you should review the Terms regularly for such changes. Your continued use of the Services after the "Last Modified" date will constitute your acceptance of and agreement to such changes.
We combine AI tools with tailored questionnaires and personality-based evaluations to suggest educational paths that fit your profile. While we strive to provide accurate and reliable Services, you acknowledge and understand that AI technology may not be error-free. You agree that you are responsible for your own research and decisions, and that PersonaPick is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a user of PersonaPick. See Section "Artificial Intelligence Tools" and Section "Disclaimers" for more information.
By using the Services, you agree to be bound by these Terms. If you are accessing and using the Services on behalf of a school or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, "you" and "your" will refer to that company or other legal entity.
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, PersonaPick may stop (permanently or temporarily) providing the Services, or any features therein, to you or to users generally and may not be able to provide you with prior notice.
Your use of our Services is subject to our Privacy Policy. Our Privacy Policy describes how we process personal information, including the types of personal information that we collect, the purposes for which we use it, the types of third parties with whom we share it, and any rights you may have with respect to such personal information. The Privacy Policy also sets forth the types and categories of personal information you are permitted to provide PersonaPick, and your responsibilities and obligations with respect to such personal information. Please review our Privacy Policy carefully.
For the avoidance of doubt, any claims, suits, or complaints related to the Privacy Policy shall be settled or otherwise addressed in accordance with the dispute resolution terms, and subject to the limitations of liability, set forth herein, in addition to all other terms and conditions herein. PersonaPick is based in the United States, and the personal information that we collect and process is retained and stored in the United States.
Our Services provide a personalized experience to make them more relevant and engaging for you. We may recommend content, advertising, and other information to you based on what we know and infer about your and others' interests from use of our Services. It is necessary for us to handle your personal information for this purpose, as we explain in our Privacy Policy.
To access the Services, you may be required to create an account and provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.
You acknowledge that your account is personal to you and agree not to provide any other person with access using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
PersonaPick may offer subscription plans for certain Services. Subscriptions will automatically renew for an additional term with the same selections and duration at then-current pricing, and we will automatically bill the subscription fees to your selected payment method unless you cancel your subscription before renewal. Your credit card will be charged in full at the beginning of each subscription term for the applicable subscription fees. By placing an order, you authorize PersonaPick to bill your payment instrument in accordance with the terms of the applicable payment plan (as well as any applicable taxes), and you further agree to pay any charges so incurred without offset or deduction. Subscription fees are non-refundable.
PersonaPick uses third party payment processors to process your payments. Your payment information is subject to the privacy policy and terms of service of the applicable payment processor. You represent and warrant that (i) the payment information you supply to us or our service providers is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your payment method, and (iv) you will pay charges incurred by you at the posted prices, and all applicable taxes, if any.
Should automatic billing fail for any reason, PersonaPick will notify you via your account or your email address on file. If you dispute any charges, you must provide written notice to PersonaPick within fourteen (14) days after PersonaPick charges your payment instrument.
In the event that PersonaPick is unable to charge your payment instrument as authorized when you subscribed to the Services, PersonaPick may, in its sole discretion, without limiting PersonaPick's other rights and remedies:
PersonaPick reserves the right to change subscription fees at any time upon thirty (30) days' notice, provided that the price change will not become effective until renewal of your subscription. If you disagree with the change in price, then you may terminate your subscription before renewal at least seven (7) days prior to the change in price becoming effective. Your continued use of the Services after the price change becomes effective constitutes agreement to pay the changed amount for the duration of your subscription term.
We may periodically offer promotions that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Some of the content available on the Services may include content and links to third-party services and vendors. PersonaPick is not representing and does not endorse or warrant any third-party services and vendors that may be linked on the Services.
If you procure services, applications, or online content from a third party ("Third Party Products") for use with the Services, any such use is subject to the agreement that you accept from or establish with such third party. Third Party Products are not Services and, as between the parties, PersonaPick has no liability with respect to your procurement or use of Third Party Products.
The Services and its entire contents, features, and functionality (including but not limited to the "look and feel" of the applicable site, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by PersonaPick, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our sites, except as follows:
You hereby acknowledge and agree that you will not (i) modify copies of any materials from our Services, (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our sites, and (iv) access or use for any commercial or competitive purposes any part of our Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services is transferred to you, and all rights not expressly granted are reserved by PersonaPick. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The PersonaPick name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of PersonaPick or its affiliates or licensors. You must not use such marks without the prior written permission of PersonaPick. All other names, logos, product and service names, designs, and slogans on our Sites are the trademarks of their respective owners.
The Services include certain artificial intelligence tools (collectively referred to as "AI Services") that provide outputs generated by the AI Services ("Output") based on your input ("Input"). By using our AI Services, you grant PersonaPick a nonexclusive, royalty-free, perpetual, transferable, irrevocable, worldwide, and fully sublicensable right to use Input and Output to provide and maintain the AI Services or other Services, create new AI Services or other Services, comply with applicable law, enforce its policies, or any other reason.
By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, process through AI systems, remove, analyze, commercialize, and prepare derivative works of your Input. If you do not want Input to be used for the foregoing reasons, your sole and exclusive remedy is to not use the Services.
You may receive Output from the AI Services based on your Input. You are responsible for your Input and your use of Output therefrom, including ensuring that it does not violate any applicable law or these Terms. As between you and PersonaPick, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.
Our assignment, however, does not extend to other users' output. You acknowledge that the AI Services may produce similar responses or results (for example, to similar prompts or queries from multiple customers) and may not be unique to you, and any rights in Output may not be enforceable, including against other users of the AI Services.
While we strive to provide accurate and reliable AI Services, you acknowledge and understand that AI technology may not be error-free. The accuracy and reliability of the AI Services may vary based on factors such as Input, user interactions, and system limitations. Output generated with AI Services can reflect biases and may include "AI hallucinations", logic errors, and inaccuracies depending upon the data inputs and prompts.
Therefore, we make no guarantees regarding the reliability, accuracy, completeness, or applicability of the Output. You and your authorized users are responsible for verifying the accuracy of AI-generated output and recommendations before relying on them for any purpose, and for all decisions made, advice given, actions taken, and failures to take action based on the use of AI Services.
Output should be evaluated and validated for accuracy, completeness, and appropriateness for your use case, including by employing human review of such output. You should report any inaccuracies or errors encountered while using the AI Services to us at Support@PersonaPick.com. Additionally, you should not mislead any person that AI-generated output and recommendations were solely human-generated.
Our AI Services are powered by Google's Gemini Pro, and may implement components from, or connect to, other third parties (each an "LLM Provider"). The AI Services may be subject to the terms of service, privacy policies, and usage policies of the LLM Provider (together, "Third-Party Terms"). We are not responsible for the practices or policies of LLM Providers. You are solely responsible for reviewing and complying with any applicable Third-Party Terms. You are responsible for responding to any third-party claims regarding your use of the AI Services in compliance with the Third-Party Terms and applicable laws (including, but not limited to, copyright infringement or other claims relating to Output).
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
Additionally, you agree not to:
The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, social media links, and other interactive features (collectively, "Interactive Services") that allow you to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials, whether provided to us directly by you or that you authorized us to access from third parties such as Instagram, Google, or Apple (collectively, "User Contributions") on or through the Services. User Contributions must comply with the Community Rules set out in these Terms. Any User Contribution you post will be considered non-confidential and non-proprietary.
You continue to own the intellectual property rights in any User Contributions that you create or share on the Services. However, we need legal permission to use your User Contributions to provide our Services. Therefore, when you share User Contributions, you grant PersonaPick a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to access, use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, display, and perform such User Contributions, in whole or in part, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing or commenting (whether on PersonaPick's Sites or on third party sites), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, and all of your User Contributions do and will comply with these Terms. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not PersonaPick, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services. You acknowledge and agree that any User Contributions you place or that you authorize us to place on the Services may be viewed by other users and may be viewed by any person visiting or participating in the Services.
By submitting User Contributions, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, PersonaPick and each of its and their respective officers, directors, stockholders, employees, agents, affiliates, successors, and permitted assigns (the "PersonaPick Entities") from and against any and all claims, suits, actions, demands, liabilities, damages, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and attorneys' fees of any kind (collectively, "Claims") whatsoever arising out of or in connection with the use of such User Contributions, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, or defamation. You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in these Terms at a later time.
We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion, and to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including but not limited to, if we believe that such User Contribution violates the Terms, including the Community Rules, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for PersonaPick.
You acknowledge and agree that we have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
We have the absolute right to terminate or suspend your access to all or part of the Sites for any or no reason whatsoever, including without limitation, any violation of these Terms. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.
YOU WAIVE AND HOLD HARMLESS PERSONAPICK AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PERSONAPICK AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER PERSONAPICK AND SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot, and do not undertake to, review User Contributions or any other material before it is posted on the Sites, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding User Contributions or transmissions, communications, or content provided by any user or third party.
You agree to treat other users in a courteous and respectful manner, both on and off our Services and to be respectful when communicating with any of our customer representatives or other employees. By using the Services, you agree that you will not:
You acknowledge and agree that PersonaPick may investigate and/or terminate your account if we determine in our sole discretion that you have violated these Terms, misused the Services, or behaved in a way that PersonaPick regards as inappropriate or unlawful, including actions or communications that occur on or off the Services.
While PersonaPick strives to create a positive user experience, PersonaPick is not responsible for the conduct of any users on or off of the Services. We urge you to use reasonable caution before communicating with any other user of the Services. Please be thoughtful and selective about the information, including contact information, that you share with any other users of the Services.
You agree that you are responsible for your own research and decisions, and that PersonaPick is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a user of PersonaPick. PersonaPick makes no representations or endorsements regarding any content posted on or through the Services. PersonaPick expressly disclaims any liability, including personal injury or death, that results from any interaction with any other user of the Services or otherwise related to your use of the Services.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. PERSONAPICK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Site may provide certain social media features that enable you to: (i) link from your own or certain third-party websites to certain content on this Site, (ii) send emails or other communications with certain content, or links to certain content, on this Site, and (iii) cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: establish a link from any website that is not owned by you to the Site; cause the Site or portions of it to be displayed on, or appear to be displayed by, any other website; link to any part of the Site other than the homepage; or otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Community Rules set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Please note the following:
THE INFORMATION PRESENTED ON OR THROUGH THE SERVICES IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, vendors, and/or service providers. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by PersonaPick, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of PersonaPick. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE, AND YOU WILL NOT SEEK TO HOLD US LIABLE, FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES, INFORMATION, OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES OR WEBSITES LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO AI SERVICES (AND OUTPUT THEREFROM) AND THIRD PARTY PRODUCTS, IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES, INFORMATION, OUTPUT OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THIRD PARTY PRODUCTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PERSONAPICK NOR ANY PERSON ASSOCIATED WITH PERSONAPICK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER PERSONAPICK NOR ANYONE ASSOCIATED WITH PERSONAPICK REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OUTPUT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THIRD PARTY PRODUCTS, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR OUTPUT OBTAINED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO THIRD PARTY PRODUCTS, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, PERSONAPICK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE PERSONAPICK ENTITIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES OR SERVICES LINKED TO IT, THIRD PARTY PRODUCTS, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY OUTPUT OR AI SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS LEGALLY PROHIBITED, THEN TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE PERSONAPICK ENTITIES, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF (I) THE FEES PAID BY YOU TO PERSONAPICK IN THE THREE (3) MONTHS THAT PRECEDED THE EVENT GIVING RISE TO THE CLAIM; OR (II) $100.00.
You agree to fully and completely defend, indemnify, and hold harmless the PersonaPick Entities from and against any Claims arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Contributions, any use of the Site's content, services, products, or Third Party Products other than as expressly authorized in these Terms, or your use of any information obtained from the Services (such as Output), or your interactions with other users.
These Terms (including the Privacy Policy) shall be governed in all respects by and construed in accordance with the laws of the State of Ohio, without regard to its conflicts of law principles.
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PERSONAPICK AGREE TO RESOLVE ANY CLAIM, DISPUTE OR CONTROVERSY ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING YOUR PURCHASE OF PRODUCTS THROUGH THE SERVICES, EXCLUDING ANY CLAIM, DISPUTE OR CONTROVERSY THAT QUALIFIES FOR SMALL CLAIMS COURT, EXCLUSIVELY AND FINALLY BY BINDING, BILATERAL ARBITRATION BEFORE A NEUTRAL ARBITRATOR RATHER THAN IN COURT BY A JUDGE OR A JURY.
This agreement to arbitrate is intended to be broadly interpreted and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any other statute, regulation, or legal or equitable theory.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so. The small-claims court proceeding will be limited solely to your individual dispute or controversy. PersonaPick may bring a lawsuit for injunctive relief or other legal action to stop unauthorized use or abuse of the Site(s) or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the arbitration process described above.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR PERSONAPICK WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Any claim or dispute arising under these Terms must be initiated for arbitration within one (1) year from its accrual date. Any claim or dispute initiated one (1) year or longer from its accrual date shall be time-barred and dismissed.
No waiver by PersonaPick of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PersonaPick to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Terms and our Privacy Policy constitute the sole and entire agreement between you and PersonaPick regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
We reserve the right to update and revise these Terms at any time. We will notify you if these Terms are updated by updating the "Last Modified" section of these Terms. These Terms are effective as of the "Last Modified" date provided herein. Your continued use of the Site signifies your consent to the Terms, as of the "Last Modified" date.
If you have questions regarding these Terms, please contact us at:
Email: Support@PersonaPick.com