Terms & Conditions of Service
This is a legal agreement between You and Precision Insights, LLC (“PI”), a limited
liability company, headquartered in Nevada.
Precision Insights provides internet based relationship management tools. Precision
Insights utilizes a proprietary assessment called TwoRelate to generate communication
profiles of users and provide opportunities for users to match their profile with
other users. When matched, users receive TwoRelate Reports - detailing steps for
improving communication among users.
Our provision of this service is subject to the following terms and conditions and
any rules, guidelines or policies (collectively, “Terms of Service”) which maybe
published from time to time by “PI” and its subsidiaries, parent, affiliates, officers,
directors, employees, agent, etc. We may update any and all from time to time without
Please read the Terms of Service carefully. You understand the Service is provided
“as is” and that “PI” assumes no responsibility for timelines, performance, satisfaction,
deletion, mis-delivery, or failure to store any communication and no bond has been
posted. Use this service at Your own peril. This is the internet.
IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE TERMS AND CONDITI0NS OF THIS
AGREEMENT BEFORE YOU PROCEED. YOU MUST BE 18 YEARS OF AGE OR OLDER TO REGISTER.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE TAKE
NO FURTHER ACTION.
In these conditions the following words have the following meanings unless the context
"Agreement" means the agreement between You and PI incorporating
these terms and conditions for the provision of the Service;
“We, Us, Our, PI" means Precision Insights, LLC.
"You, Your, Yourself" means the person whose registration is accepted
ELIGIBILITY: MINORS MAY NOT REGISTER. By registering, you represent
and warrant that you are at least 18 years old. By using this Website, you represent
and warrant that you have the right, authority and capacity to enter into this Agreement
and to abide by the terms and conditions of this Agreement.
REGISTRATION: Registration is the process by which eligible individuals
take our free survey and receive a Communication Profile. You agree that we may
rely on Your Registration Data as accurate, current and complete. You acknowledge
that if Your Registration Data is untrue, inaccurate, not current or incomplete
in any respect, We reserve the right to terminate this Agreement and Your use of
the Service. If You provide any information which is inaccurate, incomplete, untrue,
or not current, or if “PI” has grounds to suspect that any of Your information is
untrue, incorrect, not current, or incomplete, “PI” may, in its sole discretion,
determine to suspend or terminate Your account, any group created under Your account,
and refuse any and all current or future use of the account and the Service.
You will provide a password and user name upon completing the Registration Form.
You are solely responsible for maintaining the confidentiality of the password.
You agree to provide written notice immediately to “PI” of any unauthorized use
of Your account.
TERM AND TERMINATION: This Agreement will remain in full force
and effect while You use the Service. You may terminate your account at any time,
for any reason by following the instructions on the "my account" page. Either You
or Us may terminate your account by removing your profile at any time, for any reason,
without explanation, effective upon sending written notice to the other party.
PROPRIETARY RIGHTS: You warrant and represent to Us that the information
posted in Your profile is posted by You and that You are the sole author of your
profile. You assign to Us with full title guarantee all copyright in Your profile.
You waive absolutely any and all moral right to be identified as author of Your
profile and any similar rights in any jurisdiction. In addition, other users may
post copyrighted information, which has copyright protection whether or not it is
identified as copyrighted. Except for that information which is in the public domain
or for which You have been given permission. You will not copy, upload, download,
modify, publish, transmit, distribute, perform, display, or sell any such proprietary
information. By posting information or content to any of Our public area, You automatically
grant, and you represent and warrant that You have the right to grant, to Us and
other Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license
to use, copy, perform, display and distribute such information and content and to
prepare derivative works of, or incorporate into other works, such information and
content, and to grant and authorize sub-licenses of the foregoing. You agree not
to reproduce, duplicate, copy, resell, or exploit for commercial purposes, the Service,
use of the Service or access to the Service.
YOUR USE OF THE SERVICE: As a Member, You agree that: 1) You are
solely responsible for the content or information you publish or display (hereinafter,
"post") on the Service, or transmit to other Members. You will not post on the Service,
or transmit to other Members or Employees, any defamatory, inaccurate, abusive,
obscene, profane, offensive, sexually oriented, threatening, harassing, racially
offensive, or illegal material, or any material that infringes or violates another
party's rights (including, but not limited to, intellectual property rights, and
rights of privacy and publicity). You will use the Service in a manner consistent
with any and all applicable laws and regulations. You will not include in Your profile
any offensive anatomical or sexual references, or offensive sexually suggestive
or connotative language, and You will not post any photos containing nudity or personal
information. We reserve the right, but We have no obligation, to reject any profile
or photo that does not comply with these prohibitions. You will not engage in advertising
to, or solicitation of, other members to buy or sell any products or services through
the Service. You will not transmit any chain letters or junk E-mail to other Members.
You are solely responsible for Your interactions with other Members. We reserve
the right, but We have no obligation, to monitor and/or mediate disputes between
You and other Members. We reserve the right, but We have no obligation, to refuse
or remove any content We deem objectionable or which, in Our sole discretion, is
viewed as in conflict with or in violation of the Terms of Service. 2) Our customer
service Employees are here to make your online experience much more pleasing by
providing assistance and guidance to You. When speaking to Our customer service
Employees on the phone, or communicating with them by any other means, You undertake
not to be abusive, obscene, profane, offensive, sexually oriented, threatening,
harassing or racially offensive. Should any of Our customer service Employees feel,
at any given point, threatened or offended by Your conduct, we reserve the right
to immediately terminate your account.
We are entitled to investigate and terminate Your account if You have misused the
Service, or behaved in a way which could be regarded as inappropriate or whose conduct
is unlawful or illegal. The following is a partial list of the type of actions that
are illegal or prohibited under this Agreement:
1) You will not impersonate any person or entity.
2) You will not "stalk" or otherwise harass any person.
3) You will not express or imply that any statements you make are endorsed by Us,
without Our specific prior written consent.
4) You will not use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to retrieve, index, "data mine", or in any
way reproduce or circumvent the navigational structure or presentation of the Service
or its contents.
5) You will not post, distribute or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior consent
of the owner of such proprietary rights.
6) You will not remove any copyright, trademark or other proprietary rights notices
contained in the Service.
7) You will not interfere with or disrupt the Services or the site or the servers
or networks connected to the Services or the site.
8) You will not post, email or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunications
9) You will not forge headers or otherwise manipulate identifiers in order to disguise
the origin of any information transmitted through the Service.
10) You will not "frame" or "mirror" any part of the Service, without Our prior
written authorization. You also shall not use meta tags or code or other devices
containing any reference to Us or the Service or the site in order to direct any
person to any other web site for any purpose.
11) You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher,
decompile or otherwise disassemble any portion of the Service or any software used
on or for the Service or cause others to do so.
12) You agree that We have no responsibility or liability for the deletion, corruption
or failure to store any messages or other content maintained or transmitted by Our
Service. You acknowledge that features, parameters or other services We provide
may change at any time.
INDEMNITY BY MEMBER: You will defend, indemnify, and hold Us and
Our officers, directors, employees, agents and third parties harmless, for any losses,
costs, liabilities and expenses (including reasonable attorneys' fees) in any way
relating to or arising out of Your use of the Service, including, but not necessarily
limited to: (i) Your breach of this Agreement; (ii) any allegation that any materials
that You submit to Us or transmit to the Service infringe or otherwise violate the
copyright, trademark, trade secret or other intellectual property or other rights
of any third party; (iii) Your activities in connection with the Service. This indemnity
shall be applicable without regard to any negligence of any party, including any
indemnified person; (iv) any content that You upload, submit, post, transmit through
the Service; (v) Your use in any manner of the Service; (vi) Your connection to
the Service; (vii) Your violation of the Terms of Service; (viii) Your violation
of the rights of another Group or entity or an individual. “PI” reserves the right
to assume the defense and control of any matter otherwise subject to the defense
and/or indemnification obligation, which shall not excuse Your obligations in any
ONLINE CONTENT: Opinions, advice, statements, offers, or other
information or content made available through the Service, but not directly by Us,
are those of their respective authors, and should not necessarily be relied upon.
Such authors are solely responsible for such content. WE DO NOT GUARANTEE THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND NEITHER WE ADOPT
NOR ENDORSE NOR RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE,
OR STATEMENT MADE BY PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE
FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER
CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS.
INTELLECTUAL PROPERTY. All intellectual property rights in the
Service shall be owned by Us absolutely these include and are not limited to database
rights, copyright, design rights (whether registered or unregistered), trade marks
(whether registered or unregistered) and other similar rights wherever existing
in the world together with the right to apply for protection of the same. All other
trademarks, logos, service marks, company or product names set forth in this website
are the property of their respective owners.
PRIVACY: The personal information (including sensitive personal
information) You provide to Us will be stored on computers. You consent to Us using
this information to build up a profile of interests, preferences and browsing patterns
and to allow You to participate in the Service. All users also agree to uphold and
located outside of the United States, please note that the information that you
provide is being sent to the United States. By becoming a user of the Service, you
consent to your data being sent to the United States and to such other third parties
as may be involved in the provision and operation of the Service. You may read a
the safety and privacy of all of its users and does not anticipate that this service
will be used or viewed by anyone under the age of 18. Therefore, parents must exercise
appropriate supervision, restraint and control over access to this site by their
children since only limited precautions have been taken to control Content and it
is entirely possible that miscreants, abusers or hackers could post, distribute
or generate inappropriate, derogatory or even pornographic material. You agree by
engaging in this Service that “PI” will not be responsible for any damage or loss
resulting from or related to a member’s failure to restrain or supervise their children
relative to this site. You must be at least 18 years of age to enter this Service.
DISCLAIMERS: YOU ACKNOWLEDGE AND AGREE THAT “PI” PROVIDES THE SERVICE
ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY,
IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO
THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. “PI” does not warrant that
Your use of the Service will be secure, uninterrupted, always available, or error-free,
or will meet your requirements, or that any defects in the Service will be corrected.
“PI” DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY
AND AVAILABILITY. You acknowledge and agree “PI” shall not be responsible to You
for any damages You may claim as a result of any claimed negligence (passive or
active), or malfeasance on the part of “PI”, its agents or representatives for any
direct, indirect, incidental, special, consequential, exemplary damage claims You
may suffer as a result of any foreseeable or unforeseeable use or misuse of this
We cannot guarantee that each user is at least the required minimum age, nor do
we accept responsibility or liability for any content, communication or other use
or access of the Service by persons under the age of 18 in violation of this Agreement.
Also it is possible that other Members or users (including unauthorized users, or
"hackers") may post or transmit offensive or obscene materials on the Service and
that you may be involuntarily exposed to such offensive and obscene materials. It
also is remotely possible for others to obtain personal information about You due
to Your use of the Service, and that the recipient may use such information to harass
or injure You. We are not responsible for the use of any personal information that
You disclose on the Service. Please carefully select the type of information that
You post on the Service or release to others. We disclaim all liability, regardless
of the form of action, for the acts or omissions of other users (including unauthorized
users, or "hackers") of the Service.
AGREEMENT NOT TO INTERFERE OR CONTEST PATENT PENDING: You acknowledge You have been
advised there is a patent pending and You agree You shall not interfere with it
in any manner and You shall not claim entitlement or damages from any alleged infringement.
LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO YOU FOR
ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES
OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY,
BY YOU TO US FOR THE SERVICE.
WE DO NOT SCREEN THE USERS REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, WE
WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL,
ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, TO DAMAGES
ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER USERS OF THIS SERVICE, OR
INTRODUCED TO YOU VIA THIS SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL
DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
COMPLAINTS: To resolve a complaint regarding the Service, You should
first contact Our Customer Service department by clicking: contact us.
DISPUTE RESOLUTION: This Agreement is governed by the laws of the
State of California without regard to its conflict of law provisions. You agree
to personal jurisdiction by and venue in the state and federal courts of the State
of California, City of San Luis Obispo. This Agreement shall not be governed by
the United Nations Convention on Contracts for the International Sale of Goods,
the application of which is hereby expressly excluded.
LIABILITY: No advice obtained by You from “PI”, whether oral or
written shall create any warranty not expressly stated in the Terms of Service.
You certify that You read and that You agree to be bound by the terms and conditions
in this Agreement.
NOTICES: Notices may be sent to You via e-mail or at the address
You have provided via First Class U.S. Mail at the discretion of “PI”.
ENTIRE AGREEMENT: The parties agree that the Terms of Service constitute
the entire agreement between the parties, superseding any prior agreements, and
negating any additional or further agreements that are not in writing signed by
the party to be charged. No waivers of any specific term within the Terms of Service
shall constitute a waiver of the remaining terms. No failure to enforce any term
or provision shall constitute a waiver of that term or provision.
HEADINGS: You agree that the Section titles or Headings in this
Terms of Service, and the order in which those terms are set forth, do not have
any specific legal effect or meaning and are for convenience only.