Terms and Conditions
Last updated 1/18/2024
BestPracticer Inc. DBA Practica and its affiliates' (“Practica”, “we”, “us”, and “our”) mission is to help professionals reach their full career potential. These Terms and Conditions (“Terms”) govern your use of Practica's website - www.practicahq.com (the “Website”). By using the Practica Website, you agree to be bound by and to comply with these Terms. If you do not agree with any part of these Terms, you are prohibited from using the Practica Website.
USE OF THE PRACTICA WEBSITE
Your use of the Practica Website and your reliance upon any of its contents is solely at your own risk. You agree not to access or use the Practica Website in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms. You are solely responsible for all costs and expenses which you incur in relation to your use of the Practica Website, including, but not limited to, any charges relating to internet access. Practica may change the content of the Practica Website at any time and without any notice to you.
ACCESS TO THE PRACTICA WEBSITE
Practica reserves the right to modify, suspend access to or discontinue the Practica Website, either temporarily or permanently, either with or without notice to you. Practica may prevent or restrict your access to the Practica Website if you do not comply with any part of these Terms or any applicable laws.
You undertake not to create more than one account, or an account for anyone other than yourself without prior permission from the other person. Further, you undertake not to use the account of any other person for any reason. You are always responsible for maintaining the confidentiality of your account and any security information related to your account. In the event of any unauthorized use of your account or any other concern for breach of your account security, you undertake to immediately notify Practica.
Practica is not liable for any loss or damage that you incur as a result of someone else accessing or using your account, either with or without your knowledge. You are solely and fully liable and responsible for all activities performed using your account.
COACHING SERVICES OFFERED THROUGH THE PRACTICA WEBSITE
Your use of the Practica Website, including the chat feature of the Practica Website (“AI Coach”) or the one-on-one coaching sessions (“Sessions”), are solely for your own personal use and you shall not use the Practica Website, AI Coach, or Sessions for or on behalf of any other person.
The contents presented through the Practica Website, such as text, graphics, images, tools, products, services and other material is provided by Practica and its licensors for informational purposes only.
Practica grants you a limited, non-exclusive, non-transferable and revocable license (the “License”) to access and use the Practica Website. You may only use the Practica Website on a device that you control. The terms of this License will also govern any upgrades provided by Practica that replace and/or supplement the original Practica Website, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
However, your right to use the Practica Website does not include any of the following, which is explicitly prohibited when using the Practica Website:
- Modifying or otherwise making any derivative uses of the Practica Website or any portion thereof;
- Using any data mining, robots, scraper or similar data gathering or extraction methods, downloading (other than page caching) of any portion of the Practica Website or any information contained therein;
- Attempting to access areas/features of the Practica Website that you are not authorized to access;
- Any activity that will compromise the security of the Practica Website;
- Reverse engineering or access to the Practica Website in order to build a competitive product or service;
- Using the Practica Website in any manner that could damage, disable, overburden or impair the functioning of the Practica Website in any manner; and/or
- Using the Practica Website other than for its intended purposes or in any way that infringes any of the terms and conditions of this agreement.
By using or accessing the Practica Website you agree, represent and warrant not to do any of this. In case of non-compliance, we may terminate your use of the Practica Website.
COMMUNICATIONS WITH OTHER PRACTICA USERS
If and when the Practica Website begins to allow users to communicate with other users, you undertake not to post, send, use, store, transmit or deliver any of the following on and through the Practica Website:
- messages or information under a false name;
- unsolicited e-mail and/or advertisement or promotion of goods and services;
- malicious software or code;
- information that is unlawful, libelous, defamatory, fraudulent, predatory of minors, harassing, privacy invading, abusive, threatening or hateful, vulgar, obscene, racist or potentially harmful content, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any applicable law;
- any content that infringes a third party right, including intellectual property rights of others or the privacy or publicity rights of others;
- any content that may cause damage to a third party; or
- any content which may constitute, cause or encourage a criminal action or violate any applicable law.
Each user's subscription shall be based on the terms agreed by the user's employer and Practica (the “Subscription Terms”). Upon expiration of the Subscription Terms, you may not be able to access the Practica Website. In such an instance, you may receive an email instructing you as to how to re-subscribe.
THIRD PARTY RESOURCES
The Practica Website and AI Coach may contain links to, recommend, or otherwise make available, third-party sites, services, products, information, content, materials, merchandise, functionality and/or other resources (“External Resources”). These External Resources and links and access to them are provided for your convenience and reference only. Practica does not control such External Resources and, therefore, is not responsible for such External Resources, or any content posted on or made available by such External Resources. Be aware that Practica does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about such External Resources, including without limitation the security of any materials, or the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on or made available by such External Resources or any other Internet sites.
Practica reserves the right to terminate such links or such access at any time. Practica's offer of such links or access should not be construed in any way as an endorsement, authorization, or sponsorship of such External Resources, or any content made available thereby. If some External Resources employ automated search results or otherwise link you to External Resources containing information that may be deemed inappropriate or offensive, Practica shall not be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in or made available by External Resources, and you hereby irrevocably waive any claim against Practica with respect to such External Resources. Your use of any External Resources is subject to the third party's terms, conditions and policies applicable to such products, services or materials. Practica is not responsible for the privacy and security of any information you share with that third party, including your credit card or payment information. When you elect to receive these services from a third party, you agree to hold that third party responsible for any unauthorized use or disclosure of your personal information.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Practica Website and all intellectual property rights contained within are owned by Practica and/or its licensors and nothing in these Terms grants you any proprietary rights in the Practica Website. You may use the Practica Website only as permitted by these Terms and as necessary to enable you to access any services we may provide to you through the Practica Website.
You shall not circumvent or delete any copyright, trade mark or other proprietary notices contained in the Practica Website, including any intellectual property notices, or any other security technology embedded or contained within the Practica Website.
REPRODUCTION OF THE PRACTICA WEBSITE, THIRD PARTY INFORMATION, and LINKS
You shall not copy, reproduce or redistribute any of the Practica Website, in whole or in part, unless you have Practica's express written consent to do so. Any links or connections to third party websites, web services and content contained in the Practica Website are not under Practica's control and Practica is not responsible for, and does not endorse, such websites, web services and content or any cookies such third parties may place on your computer or device. Your use of these third party websites, web services and content may be subject to third party terms and requirements and you acknowledge and agree that you are responsible for adhering to these. You shall use your own independent judgment regarding your interaction with any third party websites, web services or content.
ACCURACY OF INFORMATION
Though Practica tries very hard to ensure that information on the Practica Website is correct, neither Practica, nor any third parties, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the content found or offered on the Practica Website for any particular purpose.
You acknowledge and agree that the content on the Practica Website may contain inaccuracies or errors and that you rely on such content entirely at your own risk.
To the fullest extent permitted by law, Practica accepts no liability in any event (including, but not limited to, (i) negligence for any damages or loss of any kind, (ii) direct, indirect, incidental, special or consequential damages or losses arising out of, or in connection with, any error, omission, defect, computer virus or system failures, or (iii) loss of any profit, goodwill or reputation) arising out of or in connection with the access to, use of, unavailability of, performance of or linking to the Practica Website or any of its content.
You acknowledge and agree that if you do not own the computer or device on which you access the Practica Website, you have obtained permission from the owner to use and access the Practica Website from such a computer or device and that you are responsible for the use of and access to the Practica Website by way of such a computer or device.
You shall have no right to vary these Terms without Practica's express prior written agreement.
Practica may assign, novate or otherwise transfer any of its rights or obligations under these Terms to a purchaser of all or substantially all of our assets or business involved in the performance of these Terms, by giving you written notice including notice on the Practica Website. You shall not assign, novate or transfer any of your rights or obligations under these Terms without Practica's prior written consent.