Terms & Conditions

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

License to Use Website

Unless otherwise stated, the Performance Test Passport and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all of these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

However, unless you’ve received written consent from us in writing, you may not:

  • republish material from this website (including republication on another website);
  • sell, rent, or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; 
  • redistribute material from this website except for content specifically and expressly made available for redistribution; 
  • distribute any portion of any of our courses for which you have either purchased, enrolled, or otherwise have access to, and/or
  • defame Performance Test Passport or its owners, heirs, agents, officers, employees, subsidiaries, successors, assigns, and/or subcontractors (if you have any issues, it is expected that you will contact us in writing and attempt to resolve such issues informally).

You must not use this website 

  • in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website or 
  • in any way which is unlawful, illegal, fraudulent, harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without our express written consent.

You must not in any way infringe upon our intellectual property.

Restricted Access

Access to certain areas of this website is restricted. Performance Test Passport reserves the right to restrict access to areas of this website, or indeed this entire website, at our discretion.

If Performance Test Passport provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

We may disable your user ID and password in our sole discretion without notice or explanation.

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material, and/or audio-visual material) that you submit to this website, for whatever purpose.

Your user content must not be illegal or unlawful, must not infringe upon any third party’s legal rights, and must not be capable of giving rise to legal action whether against you, Performance Test Passport, or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened, pending, actual, or former legal proceedings or other similar complaint.

Performance Test Passport reserves the right to edit or remove any material submitted to this website, stored on our servers, or hosted or published upon this website.

Notwithstanding our rights under these terms and conditions in relation to user content, Performance Test Passport does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied.  Performance Test Passport makes no representations or warranties in relation to this website, content, products, or the information and materials provided on or through this website.

Without prejudice to the generality of the foregoing paragraph, Performance Test Passport does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate, or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter, you should consult an appropriate professional.

Limitations of Liability

We will not be liable to you (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, use of, or otherwise in connection with this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Performance Test Passport has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit our liability in respect of any:

  • death or personal injury caused by our alleged negligence;
  • fraud or fraudulent misrepresentation on the part of Performance Test Passport; or
  • matter which it would be illegal or unlawful for Performance Test Passport to exclude or limit, or to attempt or purport to exclude or limit, our liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, Performance Test Passport has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Performance Test Passport’s owners, heirs, agents, officers, employees, subsidiaries, successors, assigns, and/or subcontractors in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect our owners, heirs, agents, officers, employees, subsidiaries, successors, assigns, and/or subcontractors as well as Performance Test Passport itself.

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer, any other portion of these terms of service, and/or any other provision within any page controlled by or in connection with this website.

Indemnity

You hereby indemnify Performance Test Passport and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Performance Test Passport to a third party in the settlement of a claim or dispute upon the advice of our legal advisers) incurred or suffered by Performance Test Passport arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of These Terms and Conditions

Without prejudice to other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as Performance Test Passport deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website or any courses, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, and/or bringing court proceedings against you.

Variation

Performance Test Passport may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract, or otherwise deal with Performance Test Passport’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, subcontract, or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other applicable competent authority to be unlawful and/or unenforceable, the other provisions will continue to be in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provisions will continue to be in effect.

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the State of California, United States, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the State of California, United States.

Arbitration

Any/all disputes that may arise from you and be allowed to be brought despite these provisions shall be settled by binding arbitration that is administered by an arbitrator that is mutually agreed upon by the parties. If no agreement can be reached after 30 days’ notice of a dispute, then the parties will ask the Judicial Arbitration and Mediation Service (“JAMS”) to select a panel of three arbitrators within Riverside County, California; each party may strike one arbitrator within 15 days of service of the panel, and the parties will be bound to the remaining arbitrator. The arbitrator will render a decision in accordance with the JAMS Arbitration Rules. The parties agree to accept the arbitrator’s award as final and binding upon them. The applicable venue in the case of any dispute shall be Riverside County, California. Each party is responsible for his/her/its own attorneys’ fees. The applicable choice of law shall be California law. The costs of the arbitrator shall be split equally between the parties unless a claim being brought by a user, end-user, consumer, or student is found to be frivolous, in which case Performance Test Passport will not be responsible for any portion of the arbitrator’s fees.

Performance Test Passport’s Details

The full name of Performance Test Passport is Performance Test Passport, LLC.

You can contact Performance Test Passport by email to jessie@jessiezaylia.com.

Entire Agreement

These terms and conditions, together with the Privacy Policy, constitute the entire agreement between you and Performance Test Passport in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.