Terms of Service

Innate™

Terms of Service

Hello, and welcome to our terms and conditions of service. This is important because it impacts your legal rights, so please read them and our Privacy Policy carefully.

Introductions

Thank you for choosing INNATE™, an online assessment, career and college guidance platform (the “Service”), provided by Innate Guidance Systems, LLC (“we”, “us”, “our”, or “Company”). These terms and conditions of service (“Terms”) apply to your access to and use of the Service, located at www.innateliving.com (the “Website”), or such other website on which Company may host the Service. By creating an account or otherwise accessing or using the Service, you agree to be bound by these Terms. If you don’t agree to all of these Terms, then please don’t use the Service.

All references to “you” and “your” in these Terms are references to you and other users of the Service that you have authorized.

Changes

Occasionally, we may, in our discretion, make changes to the Terms or to any policy or guideline of the Website. When we make changes to the Terms or the Website that we consider to be material, we’ll notify you either by email or a clear message on the landing page of the Website. Unless otherwise indicated in the notice, any changes will be effective thirty (30) days after the notice date. By continuing to use the Service after those changes, you are expressing and acknowledging your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.

Use of Service

You agree to use the Service in the manner we intended, and in compliance with all instructions, rules, policies, and guidelines we provide. You also agree not to misuse or abuse the Service in any way.

To use the Service, we will ask you for some information. You agree to provide accurate, current and complete information, and to keep that information up-to-date. The Service may also allow you to provide information about family members or advisors that you wish to allow to use the Service under your account, and you agree that any information you provide about such authorized users will also be accurate, current and complete, and kept up-to-date.

Children under the age of 13 are not allowed to use the Service.

You may have received access to the Service from an advisor, such as a school counselor or advisor, an educational counselor or consultant, or another person or entity with whom you are affiliated (we refer to these as “Advisors”). In such an event, your use of the Service remains subject to these Terms.

Fees

Some of the reports and tools provided in the Service will cost a fee (“Paid Services”). All fees will be posted on the Website, and you will not be charged for any Paid Service unless you specifically order it. All payments are processed using a third-party payment processor. If you choose to purchase one of the Paid Services, you agree to pay the applicable fee. Some of the Paid Services may be subject to a time limit; you agree that your use of the Paid Service will not extend beyond that time limit, if any. All fees for Paid Services are not refundable.

Paid Services may be subject to additional terms and conditions. Your Advisor may purchase a Paid Service on your behalf. If so, you are still bound by these Terms as well as any additional terms and conditions that come with the Paid Service.

Termination or Suspension of Service

These Terms will continue to apply to you until terminated by either you or Company. Company may suspend or terminate your use of the Service if you violate any of these Terms (including non-payment of fees). Your re-instatement is entirely within our discretion.

Company may, in its sole discretion and without prior notice, decide to suspend, modify, discontinue or permanently cancel all or any part of the Service (including the fees charged for use of the Service). Any material changes will be communicated electronically to you (e.g., by email or posting on the Website), and will be effective on the date stated in the notice. If you continue to use the Service after that effective date, you are agreeing to the changes.

Data

As part of the Service, you may have to provide Company with certain information about yourself (such as, for example, name, address, email address, phone number, etc.) (“Your Information”). Your use of the Service will also produce further data about you, such as information about recommended career and college paths and assessment values (“Your Data”). You will own all Your Information, and all use of Your Information by Company will be in accordance with Company’s Privacy Policy. You agree that Company owns all Your Data.

Company may ask for your consent to share Your Information and/or Your Data with Advisors, all in accordance with the Privacy Policy and for the purpose of providing you with the Services. Company will not share Your Information or Your Data with Advisors without your consent.

You understand that Company is not responsible for backing-up any of Your Information or Your Data on your behalf. You may make your own back-up copies of the reports and other information produced by Company through the Services.

Licenses

The Service uses software that is the property of Company or its suppliers and is protected by U.S. and international copyright laws. While Company allows you to use the Service (subject to these Terms), Company grants you a non-exclusive, non-transferable license to use the software solely in connection with your use of the Service. This license terminates automatically if your use of the Service is terminated. You agree that you will not attempt to reverse engineer, decompile, disassemble or attempt to discover the source code for the software.

Except as otherwise indicated on the Website, the Website and all content and other materials on the Website, including all designs, text, graphics, pictures, information, data, software, code, files, and the selection and arrangement thereof (collectively, the “Website Materials”) are the property of Company or its suppliers and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Website and the Website Materials solely in connection with your use of the Service. Such license is subject to these Terms and does not include: (a) any resale, lending, leasing, providing as a service bureau, or sublicensing of the Website or the Website Materials; (b) the distribution, public performance or public display of any Website Materials (except as necessary to use the Service); (c) modifying or otherwise making any derivative uses of the Website and the Website Materials, or any portion thereof; (d) use of any data mining, scraping, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Website, the Website Materials or any information contained therein, except as expressly permitted on the Website; or (f) any use of the Website or the Website Materials other than for its intended purpose.

Any use of the Website, the Website Materials, the Service or its software other than as specifically authorized herein is strictly prohibited, unless we have given you written permission, and any such unauthorized use will terminate the license granted in these Terms. Such unauthorized use may also violate applicable laws (including copyright and trademark laws and applicable communications regulations and statutes). Except as explicitly stated, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Third Party Links and Content

Company may provide third party content on the Website and may provide links to Web pages and content of third parties (collectively, the “Third Party Content”) as part of the Service. Company does not monitor or have any control over any Third Party Content or third party Web sites. Company does not control, approve, endorse or adopt any Third Party Content and can make no representation or warranty as to its quality, content, accuracy or completeness. Company provides these links to you only as a convenience, and you use such Third Party Content at your own risk. When you leave the Website, you should be aware that Company’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Website to which you navigate from the Website.

Acceptable Use

We’ve established a few ground rules for you to follow when using the Service. Please follow these rules. You are solely responsible for any information that you input or upload into the Service or Website (including all of Your Information) (“Materials”). You agree not to send through the Service or the Website any of the following:

  1. Materials that are unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Materials that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
  3. Materials that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party (and you represent and warrant that you have the lawful right to distribute and reproduce such Materials);
  4. Materials that impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Unsolicited promotions, political campaigning, advertising or solicitations;
  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files;
  8. Any information the disclosure of which would violate the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99); and
  9. Materials that, in the sole judgment of Company, are objectionable or which restricts or inhibits any other person from using or enjoying the Service or the Website, or which may expose Company or its users to any harm or liability of any type.

If you use the Service in way that violates any of the requirements listed above, then you also violate these Terms, which may result in, among other things, termination or suspension of your right to use the Service.

Copyright Complaints

If you believe that anything on the Website infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Designated Agent:
Director of Operations
Innate Guidance Systems (Innate)

6663 SW Beaverton-Hillsdale Hwy, Suite 230

Portland, OR 97225
E-Mail Address: support@innateadvisor.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Please note that the information provided in your notification, including any personal information, may be forwarded to the person who has provided the allegedly infringing content, and by sending us such notification, you consent to us sharing this information with the alleged infringer.

Trademarks

INNATE™, INNATE LIVING™, INNATE CAREERS™, INNATE COLLEGES™, Innate Guidance Systems™, the Company logos and any other product or service name or slogan contained in the Website are trademarks of Company and its suppliers or licensors (including “Core Values Index” and “CVI”, which are the trademarks of Taylor Protocols, Inc.), and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Innate Guidance Systems”, “INNATE”, “INNATE LIVING”, “INNATE CAREERS”, “INNATE COLLEGES” or any other name, trademark or product or service name of Company without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Indemnification

You agree to defend, indemnify and hold harmless Company, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your Materials, your use of the Service, your violation of these Terms, or your violation of the rights of any third party.

Representations and Warranties; Disclaimer

Company endeavors to use, and will require its third-party hosting provider(s) to use, best-practice security methodologies for the Service. Current practices are available upon request. Please note that the specific methods used may vary from time to time, and Company does not represent or warrant that any specific security measures will be taken or that such security measures will be infallible. As Company’s sole and exclusive liability, and your sole remedy, with respect to any security breach or data loss, Company will work with you to resolve any loss of data or other security issues that arise.

In addition, you understand that there may be occasions when the Service is interrupted or data is unavailable, such as for maintenance, upgrades, system or equipment failure, vendor failure or otherwise. COMPANY SHALL HAVE NO LIABILITY TO YOU FOR ANY INTERRUPTION, SUSPENSION, DISCONTINUANCE OR UNAVAILABILITY OF THE SERVICE OR DATA FOR ANY REASON. In the event of any unavailability of the Service, we will provide you, upon request and as available, with an electronic copy of the data stored through the Service, provided your account is paid in full. Please note, however, that you are solely responsible for making backup copies of such data on a regular basis, and Company will not be responsible or liable in any manner if it is unable to provide such data for any reason.

You understand and agree that EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN THESE TERMS, THE SERVICE, THE WEBSITE, AND THE WEBSITE MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE WEBSITE, THE SERVICE, AND ALL DATA, INFORMATION, CONTENT, AND MATERIALS CONTAINED OR STORED THEREIN. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

THE LIABILITY OF COMPANY, ITS DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS (FOR PURPOSES OF THIS SECTION, “COMPANY”) TO YOU WITH RESPECT TO THE WEBSITE, THE SERVICE, AND THESE TERMS IS LIMITED AS FOLLOWS: (A) COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, RELIANCE, OR SPECIAL DAMAGES (INCLUDING ANY DAMAGE TO BUSINESS REPUTATION, LOST PROFITS, LOST DATA OR LOST SAVINGS); AND (B) COMPANY’S MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF FIVE HUNDRED DOLLARS ($500) OR THE AMOUNTS PAID BY YOU IN FEES UNDER THESE TERMS IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. THESE LIMITS APPLY REGARDLESS OF THE FORM OF CLAIM (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THIS PARAGRAPH IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Applicable Law and Venue

These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of Oregon, applicable to agreements made and to be entirely performed within the State of Oregon, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Multnomah County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

Severability

If any provision of these Terms are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Complete Terms and Conditions

These Terms state the entire agreement between you and Company with respect to the Service and the Website. They supersede all or any prior negotiations, discussions, communications, representations, or other statements regarding the Service and the Website. They may not be modified or amended except by Company, or with the written approval of an executive officer of Company.

Questions & Contact Information

If you have any questions or comments about the Website and the Service, please email us at support@innateadvisor.com.