Thank you for using Digital Discovery!
The following terms apply to Digital Discovery websites (the “Site” or “Sites”).
PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING ASPIRANT’S SERVICES. BY USING ASPIRANT’S SERVICES, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE SITE TERMS OF USE AND SALE.
Newton Consulting, LLC, d/b/a Aspirant (“Aspirant”) offers a range of services and products. Digital Discovery is Aspirant’s proprietary AI Assessment products and services. These Site Terms apply specifically to the Digital Discovery products and services. You will be provided additional terms (the “Additional Terms”) for other products and/or services, if they apply. If these Site Terms of Use and Sale are inconsistent with the Additional Terms, the Additional Terms will control.
Aspirant reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Site Terms of Use and Sale or Additional Terms, at any time. All changes are effective immediately when posted. Aspirant will notify you when any material changes, modifications or additions to these Site Terms of Use and Sale or Additional Terms are made. Your continued use of the Digital Discovery services means that you accept and agree to these changes. You will be subject to the terms and conditions, policies and Site Terms of Use and Sale and Additional Terms in force at the time that you use the Services. Aspirant suggests that you review these Site Terms of Use and Sale from time to time. If any of these Site Terms of Use and Sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not be part of this Agreement.
Please review our Privacy Statement which governs your use of Aspirant’s services to understand our practices. Any personal data (for example, your name, address, phone number, or email address) that you transmit to the site will be used in accordance with Aspirant’s privacy policy.
The Site contains copyrighted material, trademarks, and proprietary research of Digital Discovery including but not limited to text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under United States and international copyright, authors' rights and database right laws. All rights reserved. Accordingly, international and domestic laws and penalties guaranteeing patent, copyright, trademark and trade secret protection safeguard the ideas, concepts, and recommendations related within this site.
Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Aspirant and/or the copyright owner. Digital Discovery news articles, reports, and graphs may only be downloaded for your personal use. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any reference whatsoever to the Aspirant news articles, reports and graphs, in whole or in part, on any webpages must provide a link back to the original content in its entirety. Except as expressly provided herein, the transmission of this content shall not be construed to grant a license of any type under any copyright or trademarks owned or controlled by Aspirant.
Digital Discovery content not identified in the previous paragraph may be subject to additional restrictions.
MPACT respects the rights of all copyright holders and in this regard, MPACT has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MPACT's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
For copyright inquiries under the Digital Millennium Copyright Act please contact: legal@aspirant.com
For web posting, reprint, or other licensing requests, please contact: legal@aspirant.com
Aspirant’s trademarks may not be used in connection with any product or service that is not Aspirant’s, in any manner that is likely to create confusion among customers or in any manner that disparages or discredits Aspirant. Any use of an Aspirant trademark shall require the prior written consent of Aspirant. Such use shall include the appropriate trademark acknowledgment. The acknowledgement alerts the readers to the ownership of the trademark. Use the acknowledgment in printed materials and on websites.
You are advised that Aspirant aggressively enforces its intellectual property rights to the fullest extent of the law.
To access some Digital Discovery Sites or content, you may be asked to create an account. You are responsible for maintaining the confidentiality of your account and password you are responsible for all acts or omissions that occur while your password or account is used. You may not use the Digital Discovery Site, or any Digital Discovery Site content for any unlawful purpose. You agree to notify Aspirant immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit your account at the end of each session. Aspirant is not liable for any loss or damage arising from your failure to protect your password or account information. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account at Aspirant’s sole discretion, and Aspirant may refer you to appropriate law enforcement agencies.
To ensure you can access all the features of this website, as well as, for optimal browsing experience, we recommend using the latest versions of popular web browsers: Google Chrome, Mozilla Firefox, Safari, and Microsoft Edge. Other browsers may not be supported. If you are experiencing any technical difficulties, please contact us at: digitaldiscovery@aspirant.com
The information presented on or through the Assessment is made available solely for general information purposes. We do not make any statements regarding the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Website includes content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible, or liable to you or any third party for the content or accuracy of materials provided by any third parties.
YOUR USE OF THE ASSESSMENT OR WEBSITE ARE DONE AT YOUR OWN RISK. THE ASSESSMENT OR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY PROMISES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ASPIRANT NOR ANY PERSON ASSOCIATED WITH ASPIRANT MAKES ANY PROMISE, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ASSESSMENT. WITHOUT LIMITING THE FOREGOING, NEITHER ASPIRANT NOR ANYONE ASSOCIATED WITH ASPIRANT PROMISES, REPRESENTS, OR WARRANTS THAT THE WEBSITE, ASSESSMENT, OR ITEMS OBTAINED THROUGH THE WEBSITE, ASSESSMENT, OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, ASSESSMENT, OR ITEMS OBTAINED THROUGH THE SAME WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ASPIRANT 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.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ASPIRANT, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR ASSESSMENT INCLUDED ON, REFERENCED IN, OR LINKED TO FROM OUR WEBSITE. YOU WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE ASSESSMENT BY YOU.
You agree to indemnify and hold Aspirant, its officers, directors, shareholders, predecessors in interest, successor in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Aspirant by any third party arising out of or relating to your violation of the Site Terms of Use and Sale or your use of Digital Discovery Sites, including, but not limited to, use of these Sites' content, services and products other than as expressly authorized in these Site Terms of Use and Sale.
Some of Digital Discovery’s sites contain links to other sites whose information practices may be different from Aspirant’s. You should consult the other site's privacy notices, as Aspirant makes no warranties regarding the information that is submitted to, or collected by other sites.
Products or Services purchased from Aspirant may be subject to customs and export control laws and regulations. You agree to comply with all international and national laws and regulations that apply to you in relation to such products or services.
In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, disputes, claims, questions, or disagreements shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its commercial dispute resolution rules, unless You are a government agency or political subdivision in a State or jurisdiction for which binding arbitration is expressly not allowed by law.
Newton Consulting, LLC, d/b/a Aspirant
One Allegheny Square, Nova Tower One, Suite 502
Pittsburgh, PA 15212
Attn: Digital Discovery
email: digitaldiscovery@aspirant.com
We have the right, but not the obligation, to review, screen or edit any User Contribution. You accept that such contributions do not reflect the views of Aspirant and are not endorsed by Aspirant.
We have the right to: (a) remove or refuse to post any User Contributions for any reason; (b) take any action with respect to User Contributions that we deem necessary or appropriate; (c) disclose your identify or other information about you to any third-party who in our opinion reasonably claims that material posted by you infringes their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Assessment; (e) terminate or suspend your access to all or part of the Website or Assessment.
Without limiting the foregoing, we have the right to fully cooperate with law enforcement authorities requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communication or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
You may terminate your Digital Discovery account at any time upon thirty (30) days written notice. Aspirant may cancel or terminate any Digital Discovery offering at any time without notice. In the event of such termination, access to the part of the Digital Discovery offering affected by such cancellation or termination is no longer authorized. The restrictions imposed with respect to material downloaded from Digital Discovery Sites, and the disclaimers and limitations of liabilities set forth in this Site Terms of Use and Sale Agreement, shall survive such cancellation or termination. This includes but is not limited to trademark and copyright protections.
Aspirant may terminate or suspend these Terms of Use at any time without notice to you. Without limiting the foregoing, Aspirant shall have the right to immediately terminate Your Account in the event of any conduct by you which Aspirant, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use.
TERMS OF SALE
Your order is an offer to Aspirant to purchase the product(s) or item(s) in your shopping cart. When you place an order to purchase product(s) or item(s) from Aspirant, we will send you an email confirming receipt of your order and containing the details of your order ("Order Confirmation Email"). The Order Confirmation Email is an acknowledgement that we have received your order, and does not confirm acceptance of your offer to purchase the product(s) or item(s) ordered. We only accept your offer of purchase upon the sending of the Order Confirmation Email, or Confirmation of Registration Email for Digital Discovery products or services.
The process for placing an order is as follows:
All prices listed are exclusive of Sales, Use, or VAT or other applicable taxes. Applicable taxes shall be added at the time of checkout. Prices are subject to change from time to time and will be updated on the website.
Some products or services are available through a subscription program. The prices of the subscription-based services are detailed on the website. Subscription based services are available at a monthly payment plan or an annual payment plan. By selecting a subscription-based service, you acknowledge and agree that Aspirant is authorized to charge the same credit card as was used for the initial monthly payment (the “Payment Method”). You agree to promptly notify Aspirant of any changes to the Payment Method provided while any subscriptions remain outstanding.
You must reach the age of majority in your country/region of residence in order to purchase products from Aspirant.
This Site Terms of Use and Sale Agreement, in addition to the Privacy Statement and the specific Product Terms applicable to the product or services you are purchasing, constitutes the entire agreement between you and Aspirant and supersedes all previous and contemporaneous agreements, proposals, and communication, whether written or oral.
No waiver of any term of this Site Terms of Use and Sale Agreement shall be deemed a further or continuing waiver of such term or any other term.
Updated July 22, 2022