Website Terms of Use

These terms, conditions, and notices (“Terms”) govern your access to and use of the Pietential.com website, and any Pietential mobile application(s), and related services, information, or communications (collectively, the “Pietential Platform”).

PLEASE READ THE BINDING ARBITRATION SECTION AND CLASS ACTION WAIVER IN THE DISPUTE RESOLUTION SECTION. IT AFFECTS HOW DISPUTES ARE RESOLVED.

By accessing or using the Pietential Platform in any manner, you agree to be bound by these Terms. Please read these Terms carefully. If you do not accept all of these Terms, you may not use the Pietential Platform.

Be sure to return to this page periodically to review the most current version of these Terms. We may modify these Terms or any additional terms that apply to the Pietential Platform to, for example, reflect changes to the law or changes to the Pietential Platform. We will notify you about material changes to these Terms by either sending a notice to the email address you provided to us and/or by placing a prominent notice of modifications to these Terms on this page. What constitutes a material change will be determined in our sole discretion. Your continued use of the Pietential Platform following any changes or revisions to the Terms constitutes your complete and irrevocable acceptance of any and all such changes. If you do not agree to the modified Terms, you should discontinue your use of the Pietential Platform.

The terms “we”, “us”, “our” and “Pietential” refer to Pietential, LLC, a Delaware limited liability company located at 1700 Market Street, Ste 1005, Philadelphia, PA 19103, United States. The term “you” refers to the person visiting, subscribing, registering, or otherwise using the Pietential Platform and/or contributing content on the Pietential Platform. If you are accessing or using the Pietential Platform on behalf of a business, that business accepts these Terms, and the term “you” also refers to that business.

Use of the Pietential Platform

The Pietential Platform is a web-based and mobile app-based service provider which enables users to visualize and analyze where users stand regarding the core issues that are central to what it is to be human: physiological needs, safety needs, love and belonging, esteem, and self-actualization, in an effort to help set and realize goals and individual growth potential, or view user general wellbeing on an individual or population basis, depending on your subscription level..

As a condition of your use of the Pietential Platform, you warrant that (i) all information supplied by you on the Pietential Platform is true, accurate, current, and complete, (ii) if you have a Pietential account (“Subscriber”), you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, and (iii) you are 18 years of age or older. Pietential does not knowingly collect the information of anyone under the age of 18. We retain the right at our sole discretion to deny access to anyone to the Pietential Platform and the content we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.

Privacy Policy

Pietential believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Pietential Platform, to understand our practices.

License and Consent to Use Your Content; Acceptable Use

Please be aware that any submission of content, materials, or information to the Pietential Platform is further subject to the terms of our Subscriber Terms of Use if you are a Subscriber. In addition, all users of the Pietential Platform, including Subscribers, must comply with the acceptable use conditions as set forth in our Acceptable Use Policy, which is fully incorporated into these Terms by this reference and will have the same force and effect as if set forth in full here. If you are a Subscriber, please refer to the Subscriber Terms of Use and the Acceptable Use Policy for additional terms and licenses that govern your use of or subscription to the Pietential Platform, as well as your sharing of content on the Pietential Platform. In the event of conflict between these Terms and your Subscriber Terms of Use, your Subscriber Terms of Use will govern.

Liability Disclaimer and Indemnification

ALL INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, PRODUCTS, AND/OR SERVICES ARE PROVIDED “AS IS” AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND BY PIETENTIAL. PIETENTIAL DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE PIETENTIAL PLATFORM, ITS SERVERS, OR ANY EMAIL OR COMMUNICATION SENT FROM PIETENTIAL, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PIETENTIAL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, PRODUCTS, AND/OR SERVICES CONTAINED OR DESCRIBED ON THE PIETENTIAL PLATFORM, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, UNINTERRUPTED OR ERROR-FREE USE OR SERVICE, ERROR CORRECTION, AVAILABILITY, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION.

IN NO EVENT SHALL PIETENTIAL (NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY ON, OR USE OF THE PIETENTIAL PLATFORM OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE PIETENTIAL PLATFORM (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON INFORMATION OR ANY CONTENT APPEARING ON THE PIETENTIAL PLATFORM; ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, AND/OR SERVICES OBTAINED OR ACCESSED THROUGH THE PIETENTIAL PLATFORM; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THE PIETENTIAL PLATFORM) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF PIETENTIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Pietential and you agree that this section represents a reasonable allocation of risk and that Pietential would not proceed in the absence of such allocation.

You agree to defend and indemnify Pietential and its affiliates and licensees and any of its or their officers, directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, liabilities, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

your breach of these Terms or the documents referenced herein;

your violation of any law or the rights of a third party; or

your use of the Pietential Platform.

If you are a Subscriber, please be aware that your use of and registration on the Pietential Platform, including your use of Pietential Licensed Materials (as defined herein) or any third-party content, information, products, or services, is further subject your Subscriber Terms of Use, which will govern in the event of any conflict between these Terms and the Subscriber Terms of Use.

Links to Third-Party Sites

The Pietential Platform may contain hyperlinks to websites or platforms operated by parties other than Pietential. Such hyperlinks are provided for your reference only. We do not control such websites or platforms and are not responsible for their content or the privacy or other practices of such websites or platforms. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Pietential Platform or other websites or platforms) is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites or platforms does not imply any endorsement of the material on such websites or platforms or any association with their operators.

Software and Licensed Materials Available On The Pietential Platform

The Pietential Platform is controlled and operated by Pietential from its offices in the State of Delaware in the United States. Software used in the operation of the Pietential Platform (“Software”) is subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Pietential Platform, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Any Software or reports, additional licensed content, information, research reports, and/or review data (individually and collectively, “Licensed Materials”) from Pietential made available through the Pietential Platform, is owned by Pietential, and/or its affiliates or licensors, and is protected by copyright and/or trade secret laws and international treaty provisions. Any reproduction, redistribution, or disclosure of the Software and/or Licensed Materials is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE AND/OR LICENSED MATERIALS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED UNLESS OTHERWISE EXPRESSLY AUTHORIZED BY PIETENTIAL IN WRITING.

Copyright and Trademark Notices

All contents of the Pietential Platform are: © Copyright 2022 Pietential, LLC. All rights reserved. Pietential is not responsible for content on websites, platforms, or mobile applications operated by parties other than Pietential. Pietential, its logo, and, except as noted below, all other product or service names, logos, or slogans displayed on the Pietential Platform are registered and/or common law trademarks of Pietential, LLC or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Pietential or the applicable trademark holder. In addition, the look and feel of the Pietential Platform, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Pietential and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Pietential. All other trademarks, registered trademarks, product names, and company names or logos mentioned in or on the Pietential Platform 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 Pietential.

Other logos and products and company names mentioned herein may be the trademarks of their respective owners.

Pietential respects the intellectual property of others and expects others to do the same. If you believe, in good faith, that any materials provided on or in connection with the Pietential Platform infringe upon your copyright, please refer to our Copyright Complaint Policy, which governs our responses to any notice of alleged infringement that complies with the Digital Millennium Copyright Act.

App Store-Sourced Applications

The following applies to any application comprising the Pietential Platform that is accessed through or downloaded from the Apple App Store (an “App Store-Sourced Application”):

You acknowledge and agree that (i) these Terms are entered into between you and Pietential only, and Apple Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below, and (ii) Pietential, not Apple is solely responsible for the App Store-Sourced Application and content thereof. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service, including any license and use limitations therein.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Application.

In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application. As between Pietential and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Pietential, subject at all times to warranty limitations and exclusions set forth in these Terms.

You and Pietential acknowledge that, as between Pietential and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store-Sourced Application or your possession and use of the App Store-Sourced Application, including: (i) product liability claims; (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You and Pietential acknowledge that, in the event of any third party claim that the App Store-Sourced Application or your possession and use of that App Store-Sourced Application infringes that third party’s intellectual property rights, as between Pietential and Apple, Pietential (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, though only to the extent required by these Terms.

You acknowledge, represent, and warrant that (i) you are not located in a country embargoed by United States or other applicable law from receiving the Pietential Platform and related services, (ii) you are not located in a country that has been designated by the U.S. Government as a “terrorist supporting” country, and (iii) you have not been listed by the U.S. Government on any U.S. Government list of prohibited or restricted parties. If you are unable to make the acknowledgements and representations in this paragraph, you are not permitted to use or access the Pietential Platform or any App Store-Sourced Application.

You and Pietential acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store-Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store-Sourced Application against you as a third party beneficiary thereof.

Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store-Sourced Application.

Applicable Law

U.S., Canada, Caribbean and the Americas. If your principal place of business (or primary residence, if you are an individual) is located in the United States, Canada, the Caribbean or anywhere else in North America, Central America or South America, these Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in all respects (without regard to any conflict of laws provisions) in accordance with the laws of the United States of America and the State of Delaware as such laws are applied to agreements entered into and to be performed entirely within the State of Delaware.

United Kingdom, Europe and Elsewhere. If your principal place of business (or primary residence, if you are an individual) is located in the United Kingdom, Europe or anywhere other than North America or South America, these Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation shall be governed by and construed in all respects (without regard to any conflict of laws provisions) in accordance with the laws of England as such laws are applied to agreements entered into and to be performed entirely within England.

Provisions Applicable in all Countries. As these Terms are not a contract for the sale of goods, these Terms shall not be governed either by: (a) codification of Article 2 or 2A of the Uniform Commercial Code; or (b) the United Nations Convention on the International Sale of Goods. No version of the Uniform Computer Information Transactions Act shall apply to these Terms.

Dispute Resolution

Informal Resolution. Subject to the section below titled “Enforcement; Equitable Relief; IP Disputes,” Pietential and you agree to try for 60 days to resolve any dispute under or in connection with these Terms (a “Dispute”) informally. If the parties cannot settle any Dispute during this time period, then subject to the section below titled “Enforcement; Equitable Relief; IP Disputes”: (a) the parties agree to enter binding arbitration (as defined in this section), and not to sue in court in front of a judge or jury; and (b) if your principal place of business is located in the United States, Canada, the Caribbean or anywhere else in North America, Central America or South America, the parties also agree that class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed, nor is combining individual proceedings without the consent of all parties.

Service of Process and Notice of Dispute. To the fullest extent permitted by applicable law or by any rules of any applicable arbitrators, courts or other tribunals, the parties to these Terms hereby designate each of their respective corporate officers (including the President, CEO, and other C-level executives or equivalents), if applicable, as agents to receive service of process by delivery via a reputable overnight courier to the receiving party’s address on file with the government registry of that party’s jurisdiction of organization or formation. Each party hereby acknowledges and agrees that such service of process shall be adequate and sufficient as if it were made by formal service of process pursuant to applicable laws or rules.

If you wish to raise a Dispute and Pietential’s customer service representatives cannot resolve it, a Notice of Dispute should be sent by postal mail to Pietential, ATTN: LEGAL DEPARTMENT which includes: your name, address, how to contact you, the problem your wish to raise, and your preferred means of resolution. Pietential will do the same if Pietential has a dispute with you. After 60 days, subject only to exception set forth in this section, you or Pietential may start arbitration in accordance with this section if the dispute is unresolved.

Exclusive Forum and Place of Arbitration. U.S., Canada, Caribbean and the Americas. If your principal place of business (or primary residence, if you are an individual) is located in the United States, Canada, the Caribbean or anywhere else in North America, Central America or South America, and a Dispute was not resolved through the informal resolution process described above then: (a) such Dispute shall be finally settled in accordance with the Commercial Arbitration Rules of the American Arbitration Association; and (b) any such arbitration shall be conducted in the English language in New Castle County, Delaware by a sole arbitrator.

Exclusive Forum and Place of Arbitration. United Kingdom, Europe and Elsewhere. If your principal place of business (or primary residence, if you are an individual) is located in the United Kingdom, Europe or anywhere other than North America, Central America or South America, and a Dispute was not resolved through the informal resolution process described above then: (a) such Dispute shall be finally settled in accordance with the Rules of Arbitration of the International Chamber of Commerce, as amended by this section; and (b) any such arbitration shall be conducted in the English language in London, England by a sole arbitrator.

Appointment of Arbitrator. For the purposes of the arbitration, a single arbitrator shall be selected by the parties, in default of which the arbitrator shall be appointed in accordance with the applicable arbitration rules. The arbitrator elected by the parties must be a qualified attorney, solicitor or barrister with at least 10 years of post-qualification practice experience, and also have experience in the fields of software development and distribution and intellectual property disputes (together, the “Requirements”). In appointing an arbitrator, the arbitral tribunal must, as far as possible, have regard to the Requirements.

Limitations. To the extent permitted by applicable law, you must commence arbitration of any Dispute within one year of the date on which the relevant cause of action accrued (or, if later, within one year of the date on which the innocent party ought reasonably to have become aware of such an accrual), otherwise it is permanently barred. The arbitrator shall be bound by the provisions of these Terms and base the decision on applicable law and judicial precedent, shall include in such decision the findings of fact and conclusions of law upon which the decision is based, and shall not grant any remedy or relief that a court could not grant under applicable law. Except to the extent otherwise expressly provided in applicable arbitration rules, the arbitrator’s decision shall be final and binding upon the parties, and shall not be subject to appeal.

Enforcement; Equitable Relief; IP Disputes. Notwithstanding anything to the contrary in this Dispute Resolution section: (a) either party may enforce any judgment rendered by the arbitrator in any court of competent jurisdiction; (b) the arbitrator shall have the right to issue equitable relief, including preliminary injunctive relief; (c) Pietential shall be entitled to apply to any court of competent jurisdiction for any interim relief; (d) Pietential shall be entitled to bring, in any court of competent jurisdiction, at any time, any claim concerning or related to the enforcement or validity of any intellectual property rights (including, for the avoidance of doubt, any trade secrets or confidential information) of Pietential or licensors of Pietential (an “IP Dispute”); and (e) Pietential shall be entitled, upon receipt of any request for arbitration from your under this section, to decline to submit to the jurisdiction of any arbitral tribunal insofar as the request for arbitration relates to any IP Dispute, in which case you may bring the same IP Dispute in any court of competent jurisdiction.

Attorneys’ Fees. The rules of the applicable arbitral tribunal will govern payment of filing fees and the arbitrator’s fees and expenses, but the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.

General

You agree that no joint venture, agency, partnership, or employment relationship exists between you and Pietential and/or affiliates as a result of these Terms or use of the Pietential Platform. Except for certain third party beneficiary rights granted to Apple in the App Store-Sourced Applications section, none of the terms of these Terms are enforceable by any persons who are not a party to these Terms.

Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Pietential Platform or information provided to, or gathered by, us with respect to such use.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these Terms shall continue in effect.

These Terms (and any other terms, policies, guidelines, or agreements referenced herein or executed between you and Pietential, as applicable, including the Subscriber Terms of Use and the Acceptable Use Policy) constitute the entire agreement between you and Pietential with respect to the Pietential Platform and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Pietential with respect to the Pietential Platform. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Service Help

For answers to your questions or ways to contact us, email us at john@starlinggrowthadvisory.com.

© Copyright 2023 Pietential, LLC All Rights Reserved.