Terms of Service
Last revised: January 7, 2022
These Terms of Service contain an arbitration provision and class action waiver. Please review the Arbitration section for details.
These Terms of Service (“Terms”) govern your use of the websites located at https://myaska.com and https://worktour.com, and subdomains of myaska.com and worktour.com (“Site”) and any other services offered by MyAskA Inc. (“Services”). MyAskA Inc. (“MyAskA,” “we” or “us”) provides the Site and Services. “You” refers to you as a user of the Site or Services and, in addition, when the user of the Site or Services is a minor registered by a parent and/or guardian, the term “you” also includes such parent and/or guardian.
By Using The Site Or Services, You Are Agreeing To These Terms. Please read them carefully.
MyAskA is an online career education service through which users explore virtual workplaces, and discover careers and career paths. The Services are for your personal, non-commercial use and are intended for informational purposes only. They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
3.Accounts, Subscriptions and Payment
Accounts.Some of the Services permit or require you to create an account to participate or to secure additional benefits. You agree that any information you provide and maintain (the “Registration Data”) is accurate, current and complete, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian. We may suspend or terminate your account and your ability to use the Services if you engage in, encourage, or advocate for illegal conduct or if you fail to comply with these terms or any Additional Terms (defined below). You accept, to the extent permitted by law, all risk of unauthorized access to the Registration Data and any other information you provide to us.
Subscriptions:Some of the Services require paid subscriptions to access. By signing up for a subscription, you agreed that your subscription will be automatically renewed and, unless you cancel your subscription, you authorized us to charge your payment method for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of sale. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal, in which case you will have the right to cancel the renewal of your subscription. When you subscribe to the subscription Service, fees paid by you are non-refundable, except as provided in these Terms or when required by law. If you pay a periodic subscription fee for a subscription Service, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change. Since you subscribed online, we will give you the option of cancelling the subscription online. You may cancel auto-renewal on your subscription at any time in your user profile, in which case your subscription will continue until the end of that billing cycle before terminating.
Payments:You will have the opportunity to review and confirm your subscription, payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party payment card updating services to obtain current expiration dates on credit cards and debit cards.
Inaccuracy Disclaimer:From time to time, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your subscription order). If you do not wish to continue with your subscription after pricing or other information has been corrected, please contact us right away and we will work with you to cancel your subscription.
Special Offers:Occasionally we will offer special promotions to our customers that we refer to as “special offers.” This can include a gift with purchase, or other promotional activity associated with a subscription purchase. These offers may be for a limited time only.
Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.
5.Acceptable Use of the Site and Services
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site or Services, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
- post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- stalk, harass, or harm another individual;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- use any means to scrape or crawl any Web pages contained in the Site;
- attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
9.Changes to the Site or Services
We enhance and update the Site and Services often. We may change or discontinue the Site or Services at any time, with or without notice to you.
We reserve the right to not provide the Site or Services to any person. We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.
11.Disclaimer and Limitations on Our Liability
You use the site and services at your own risk. The site and services are provided on an “As Is” and “As Available” basis. To the maximum extent permitted by applicable law, our company and its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, and licensors (“Affiliates”) disclaims all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, and non-infringement and those arising out of course of dealing or usage of trade.
In particular, to the maximum extent permitted by applicable law, our company and its affiliates make no representations or warranties about the accuracy or completeness of content available on or through the site or services, or the content of any websites or online services linked to or integrated with the site or services. Our company and its affiliates will have no liability for any: (A) Errors, mistakes, or inaccuracies of content; (B) Personal injury or property damage resulting from your access to or use of the site or services; (C) Any unauthorized access to or use of our servers or of any personal information or user data; (D) Any interruption of transmission to or from the site or services; (E) Any bugs, viruses, trojan horses, or the like which may be transmitted on or through the site or services by any third party; or (F) Any loss or damage of any kind incurred as a result of the use of any content posted or shared through the site or services.
You understand and agree that, to the maximum extent permitted by applicable law, any material or information downloaded or otherwise obtained through the use of the site or services is done at your own risk and that you will be solely responsible for any damage arising from doing so. No advice or information, whether oral or written, obtained by you from us or through the site or services will create any warranty not expressly made.
To the maximum extent permitted by applicable law, in no event will we be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products arising out of or in connection with these terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not we’ve been advised of the possibility of such damages.
To The maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these terms, from all causes of action and all theories of liability, will be limited to and will not exceed the fees you have actually paid us during the twelve (12) months preceding the claim giving rise to such liability.
You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
13.Arbitration Agreement & Waiver of Certain Rights
Except as set forth below, you and we agree that we will resolve any disputes between us (including any disputes between you and a third-party agent of ours) through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes between you and us or you and a third-party agent of ours (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of the Terms will survive the termination of your relationship with us.
This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in aaa rules, and the right to certain remedies and forms of relief. other rights that you or we would have in court also may not be available in arbitration.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in San Mateo County, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
15.Changes to these Terms
From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the Site or Services, you are agreeing to the revised Terms.
If you have any questions about these Terms of Service, please contact us.
Please print a copy of these Terms for you records and Please check the Site frequently for any changes to these Terms.