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Terms of Use

Draft, placeholder. These Terms of Use are a draft pending final legal review and are not yet effective. Some details (including company address, venue, and the Privacy Policy link) are still to be completed before launch.

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Compavra ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use") govern your access to and use of Compavra.com, including any content, functionality, and services offered on or through Compavra.com (the "Website"), whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use, and our Privacy Policy, found at [PRIVACY POLICY URL], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

IMPORTANT NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER: PLEASE BE ADVISED THAT THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, SET FORTH IN THE "DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER" SECTION BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THAT SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AS DESCRIBED IN THAT SECTION.

This Website is offered and available to users who are 18 years of age or older, or the age of legal majority in their jurisdiction, whichever is greater. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company, that you are legally permitted to use the Website in your jurisdiction, and that all information you provide is accurate to the best of your knowledge. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

Certain portions of the Website may require account creation, email submission, or payment before access is granted. 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 also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it 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 also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

If the Company has reason to believe that there is likely to be a breach of security or misuse of the Website through your account or use of your password, the Company may, at its sole discretion, require you to change your password, temporarily restrict or suspend your account, or take such other steps as the Company deems reasonable in the circumstances to protect the security of the Website and its users. Until any required password change has been completed or your account has been reactivated by the Company, your access to certain portions of the Website may be restricted.

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 of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, 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.

The assessments, reports, and other digital content and services available through the Website (collectively, the "Products") are licensed to you, not sold. Products include, without limitation: (a) the "Signal," which is the Company's proprietary three-dimensional profile code generated from your assessment responses, representing your assessed operating orientation across the Environment, Control, and Rhythm dimensions (e.g., SE/GU/SR), together with the associated profile name, confidence rating, structural requirements analysis, operating style narrative, and all descriptive and interpretive content generated therefrom; (b) the "Compass," which is the Company's proprietary career-fit evaluation tool derived from your Signal, available in abbreviated form within your Signal and in full form at Compavra.com, including all scoring scales, fit codes, verdict logic, and career-compatibility output; and (c) the "Report," which is the compiled output document generated and delivered to you upon completion of the assessment, incorporating your Signal, the abbreviated Compass, and all associated narrative content, career environment analysis, and guidance therein.

No title to or ownership of any Products, including any Signal output, Compass output, or Report, is transferred to you by your purchase or access. All rights in and to the Products not expressly granted to you under these Terms of Use are reserved by the Company and its licensors.

The Signal scoring system, Compass scoring system, fit codes, profile names, attribute profiles, scoring weights, career-fit logic, confidence-rating methodology, and all underlying algorithms, scoring rules, output structures, and assessment architecture are proprietary to the Company and constitute valuable trade secrets and intellectual property of the Company, protected under applicable copyright, trade secret, and other intellectual property laws. The individual Signal and Compass outputs delivered to you are licensed outputs generated by the Company's proprietary systems; receipt of such outputs does not transfer to you any rights in or to those systems or the methodology underlying them.

You may not reverse engineer, decompile, reconstruct, reproduce, or otherwise attempt to derive, replicate, or approximate the Company's assessment methodology, scoring logic, dimensional framework, profile architecture, or career-fit system from any output, report, or content you receive through the Website, whether alone or in combination with outputs received by any other person.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or republish any of the material on our Website, including but not limited to assessment structures, Signals, Compass reports, attribute profiles, scoring systems, reports, methodologies, and generated outputs, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • You may download and retain a single copy of your Report solely for your own personal, non-commercial use. You may not publish, distribute commercially, or otherwise make your Report available to any third party for commercial, employment screening, hiring, evaluation, or other institutional purposes, and you may not use it for any purpose other than your own personal self-reflection and career planning.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website 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 Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Feedback

If you provide the Company with any suggestions, comments, ideas, improvements, or other feedback regarding the Website or its services (collectively, "Feedback"), you hereby assign all right, title, and interest in and to such Feedback to the Company. The Company may use, disclose, reproduce, license, distribute, and otherwise exploit any Feedback for any purpose and in any form, without notice, restriction, or compensation to you. If for any reason such assignment is not fully effective, you hereby grant the Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use and exploit the Feedback for any purpose without restriction.

User-Generated Content

If you submit, post, upload, or otherwise make available any content through the Website, including without limitation text, images, photographs, graphics, or other materials (collectively, "User Content"), you retain ownership of such User Content. By submitting User Content, you grant the Company and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, with the right to sublicense through multiple tiers, to use, reproduce, distribute, create derivative works of, publicly display, publicly perform, adapt, translate, and otherwise exploit such User Content for any purpose, including without limitation the operation, improvement, and promotion of the Website and services, research and development, product and service development, training and improvement of algorithms and artificial intelligence or machine learning systems, marketing and advertising, and any other lawful business purpose, without further notice, consent, or compensation to you.

You represent and warrant that: (a) you own or otherwise hold all necessary rights and permissions to submit the User Content and to grant the license set forth above; (b) the User Content does not and will not infringe, misappropriate, or violate any intellectual property right, privacy right, or other right of any third party, or any applicable law or regulation; and (c) the User Content is not unlawful, fraudulent, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable. The Company reserves the right to remove any User Content at any time, for any reason, in its sole discretion, without notice or liability to you.

Notice and Takedown (DMCA)

The Company respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). If you believe that any content on the Website infringes your copyright, please send a written notice to compavra@gmail.com with the subject line "DMCA Notice" that includes the following: (a) a description of the copyrighted work you claim has been infringed; (b) identification of the specific material you claim is infringing, with sufficient information to permit the Company to locate it on the Website; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; (e) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on its behalf; and (f) your physical or electronic signature.

If you believe that content you submitted was removed by mistake or misidentification, you may submit a written counter-notification to compavra@gmail.com in accordance with 17 U.S.C. § 512(g). Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing or was removed by mistake may be subject to liability for damages.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website 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 Website, or by anyone who may be informed of any of its contents.

Nature of Services; No Guarantee of Results

The Website and services offered through the Website are intended for informational and self-reflection purposes only. By using the Website and its services, you acknowledge and agree that: (a) the Website is a consumer self-assessment and informational platform designed to help users better understand how they may tend to function within different work environments, career structures, and operational styles, and the services do not constitute professional career counseling, psychological diagnosis, mental-health treatment, medical advice, legal advice, financial advice, or any form of professional certification or licensure; (b) assessment results are generated from user-provided responses and should not be treated as factual determinations, certifications, or predictive guarantees; (c) the Company makes no guarantee, representation, or warranty that use of the Website or participation in any assessment will result in any particular employment outcome, career success, job satisfaction, or personal compatibility; (d) users assume full responsibility for any decisions made in reliance on assessment results or related content; (e) assessment results may be unexpected, contrary to your self-perception, or inconsistent with your own views of your abilities, personality, or career fit, and you knowingly and voluntarily assume the risk of any emotional, psychological, or other reaction you may have to your assessment results or any other content accessed through the Website; and (f) if you are experiencing any mental health difficulties or believe you may be emotionally vulnerable, you should consult a qualified mental health professional before using the Website or its services.

The Company expressly disclaims, to the fullest extent permitted by applicable law, all liability arising out of or related to any employment, career, or other decisions made in reliance on the Website's content or services.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy [LINK TO PRIVACY POLICY]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Payment

Certain portions of the Website require payment before access is granted. All purchases through our site or other transactions for the sale of services carried out through the Website are subject to the payment and refund terms set forth in this Section.

Payments; Non-Refundable Digital Delivery: The Website offers fee-based assessment services on a one-time purchase basis. Full payment is due at the time of purchase. Current pricing for assessments and any available bundles is set forth on the Website's pricing page [LINK TO COMMERCIAL PRICING/REFUND PAGE]. Because the Website delivers digital assessment results, Signals, Reports, and related tools (including the Compass tool) immediately upon payment, all purchases are non-refundable once your Signal, Report, or Compass tool has been accessed or displayed.

Technical Issues: If a technical issue prevents successful delivery of your purchased results, please contact us at compavra@gmail.com within seven (7) days of purchase. Qualifying technical issues may include: (a) payment completed but results were not displayed; (b) a report failed to load due to a system error; or (c) access to purchased results was unavailable due to a platform malfunction. If we are unable to resolve the issue, a full refund may be issued where appropriate, at our sole and exclusive discretion.

Non-Refundable Situations: Refunds are not provided for: (a) disagreement with assessment results; (b) a change of mind after purchase; (c) subjective dissatisfaction with the report; (d) failure to read or understand the product description before purchase; or (e) incomplete assessments abandoned after payment.

Chargebacks and Payment Disputes: Unauthorized or fraudulent payment disputes may result in suspension of your access to Compavra services while the dispute is under review. Users are responsible for any taxes, duties, or fees associated with purchases as required under applicable law.

Linking to the Website and Social Media Features

You may link to our homepage, 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.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website 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. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

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.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Third-Party Services

The Website may rely on third-party providers for payment processing, hosting, analytics, email delivery, infrastructure, research operations, and customer support tools. Your use of any third-party platform or service accessed through or in connection with the Website is governed solely by that provider's own terms of service and privacy policy, and the Company has no control over and assumes no liability for the practices, policies, or actions of any third-party provider. The Company is not responsible or liable for any interruptions, errors, service failures, data loss, or other issues arising from or related to your use of any third-party service outside the Company's reasonable control.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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 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, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY 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.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE LAST TWELVE MONTHS FOR THE APPLICABLE SERVICE OUT OF WHICH LIABILITY AROSE.

IN NO EVENT WILL THE COMPANY OR ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY EMOTIONAL DISTRESS, MENTAL DISTRESS, PSYCHOLOGICAL HARM, OR SIMILAR NON-ECONOMIC HARM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY DISTRESS ARISING FROM ASSESSMENT RESULTS, PERSONALITY TYPE DESIGNATIONS, SIGNALS, REPORTS, OR ANY OTHER CONTENT ACCESSED THROUGH THE WEBSITE, REGARDLESS OF THE THEORY OF LIABILITY AND REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH HARM. BY USING THE WEBSITE, YOU EXPRESSLY ACKNOWLEDGE THE DISCLOSURES SET FORTH IN THE NATURE OF SERVICES SECTION ABOVE AND VOLUNTARILY ASSUME THE RISK OF ANY SUCH HARM. THIS WAIVER DOES NOT APPLY TO LIABILITY ARISING FROM THE COMPANY'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. IF ANY PORTION OF THIS WAIVER IS HELD UNENFORCEABLE IN ANY JURISDICTION, IT SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED IN THAT JURISDICTION, AND SHALL REMAIN IN FULL FORCE AND EFFECT IN ALL OTHER JURISDICTIONS.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

In the event you have a dispute with any other user of the Website arising out of or related to their use of the Website or any content they submit, you agree to pursue any such claim or action independently of the Company. You hereby release the Company, its affiliates, officers, directors, employees, contractors, and agents from all claims, liabilities, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such a dispute. The Company reserves the right, but has no obligation, to monitor, investigate, or intervene in disputes between users.

Termination and Suspension

The Company may suspend, restrict, or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, and without liability to you, including if the Company reasonably determines that: (a) you have violated any provision of these Terms of Use; (b) your continued access poses a risk to the security or integrity of the Website; or (c) the Company is required by applicable law to do so. You may discontinue your use of the Website at any time.

Upon termination of your access for any reason: (i) all licenses granted to you under these Terms of Use immediately terminate; (ii) you must immediately cease all access to and use of the Website; and (iii) the Company may retain or delete your assessment data and account records in accordance with our Privacy Policy and applicable law. Notwithstanding any termination or expiration of these Terms of Use, the following provisions survive and remain in full force and effect: Intellectual Property Rights; Feedback; Nature of Services; No Guarantee of Results; Disclaimer of Warranties; Limitation on Liability; Indemnification; Dispute Resolution, Arbitration, and Class Action Waiver; Governing Law and Jurisdiction; Limitation on Time to File Claims; Waiver and Severability; and any other provision that by its nature is intended to survive termination.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). To the extent any dispute is not subject to arbitration under these Terms of Use, you and the Company each irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in [COUNTY], Florida for the resolution of any such dispute, and you waive any objection to the laying of venue of any such proceeding in [COUNTY], Florida, and waive any objection that such courts are an inconvenient forum. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed in the courts identified in this section or submitted to arbitration as provided herein.

Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW DISPUTES BETWEEN YOU AND THE COMPANY ARE RESOLVED.

Agreement to Arbitrate. You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use, the Website, or any services offered through the Website (each, a "Dispute"), other than claims of intellectual property infringement by the Company, will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, as modified by these Terms of Use. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Informal Resolution. Before initiating arbitration, the parties shall first attempt to resolve any Dispute informally. To begin informal resolution, you must send a written description of the Dispute and your proposed resolution to compavra@gmail.com. The parties shall negotiate in good faith for at least thirty (30) days following receipt of such notice before either party may commence arbitration. Compliance with this informal resolution requirement is a condition precedent to initiating arbitration.

Arbitration Procedure. Arbitration will be conducted by a single arbitrator applying Florida law. The arbitration will be conducted by telephone or video conference. The arbitrator may award any individual relief that would be available in a court of law. Judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver. YOU AND THE COMPANY EACH AGREE THAT ANY DISPUTE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. BY ACCEPTING THESE TERMS OF USE, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Opt-Out. You may opt out of this arbitration agreement and class action waiver by sending written notice to compavra@gmail.com with the subject line "Arbitration Opt-Out" within thirty (30) days after the date you first accepted these Terms of Use. Your notice must include your full name and the email address you used when accessing the Website. If you opt out, all Disputes will be resolved exclusively in the courts identified in the Governing Law section of these Terms of Use. Opting out of arbitration will not affect any other provision of these Terms of Use.

Exceptions. Notwithstanding the foregoing: (a) either party may bring an individual action in a small-claims court for any Dispute that qualifies under applicable small-claims court rules, so long as the action remains in small-claims court and is not removed or appealed; and (b) either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, pending final resolution by arbitration.

Severability. If any portion of this section other than the Class Action Waiver is found to be unenforceable, that portion will be severed and the remainder of this section will continue to be enforced. If the Class Action Waiver is found to be unenforceable as to any particular claim, that claim (and only that claim) may be brought in a court of competent jurisdiction, while all remaining claims shall remain subject to arbitration.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use 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 the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 of Use will continue in full force and effect.

Force Majeure

The Company will not be liable for any failure or delay in performance under these Terms of Use to the extent caused by circumstances beyond the Company's reasonable control, including acts of God, natural disasters, pandemics, terrorism, war, civil unrest, government action, labor disputes, internet or telecommunications failures, cyberattacks, or third-party service provider failures or outages.

Equitable Relief

You acknowledge and agree that any breach or threatened breach of these Terms of Use, including without limitation any breach of the Intellectual Property Rights, Trademarks, Prohibited Uses, or Feedback provisions, may cause irreparable harm to the Company for which monetary damages alone would be an inadequate remedy. Accordingly, in addition to any other rights and remedies available at law or in equity, the Company shall be entitled to seek equitable relief, including a temporary restraining order, preliminary injunction, or permanent injunction, without the requirement of posting bond or other security, to prevent or remedy any such breach or threatened breach. Nothing in this section limits any other rights or remedies available to the Company under these Terms of Use or applicable law.

Assignment and Transfer

The Company may transfer, assign, sub-contract, or otherwise deal with its rights and obligations under these Terms of Use at any time without notifying you or obtaining your consent, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Any such transfer will not deprive you of your rights under these Terms of Use. You may not transfer, assign, sub-contract, or otherwise deal with your rights or obligations under these Terms of Use without the prior written consent of the Company. Any purported assignment by you in violation of this section shall be null and void.

No Third-Party Beneficiaries

These Terms of Use are for the sole benefit of you and the Company, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms of Use.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Compavra regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This Website is operated by Compavra [COMPANY ADDRESS]. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: compavra@gmail.com.