Welcome to spearpersonality.com.
spearpersonality.com is an online cloud application that provides a suite of tools and reports to help users better understand themselves, their relationships, and the things that contribute to an enjoyable life and career (the “Site”).
The Site is owned and operated by AlterSpark Corp. (“AlterSpark”), a Canadian corporation, operating in Toronto, Canada.
spearpersonality.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
Your use of spearpersonality.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The core functionality offered in spearpersonality.com depends on transactional emails, such as using email to authenticate new accounts, retrieve passwords, to remind users to complete surveys, and to notify users about new insights and services upgrades. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. spearpersonality.com also provides opt-in electronic communications, which you may elect to receive or not receive on a voluntary basis.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that AlterSpark is not responsible for third party access to your account that results from theft or misappropriation of your account.
If you are under eighteen (18) years of age, you may use spearpersonality.com only with permission of a parent or guardian. AlterSpark does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. By using this website, you agree that if the occasion arises where you complete a personality survey for any persons thirteen years or younger (such as the case of a family wishing to understand their family dynamics by having each member complete a survey), that you will obfuscate the names of any person who is thirteen years or younger.
By using this Site, you agree and acknowledge that all information that you provide is complete and true. You further agree to pay reasonable attention to surveys, and to provide your best estimate when responding to survey questions that require a subjective evaluation.
Your Intellectual Property Rights
You are granted unlimited rights to use, share, and publish your own personal reports without any restrictions, provided you credit the source of the report as “spearpersonality.com”.
No unlawful or prohibited use of Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of AlterSpark or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. AlterSpark content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of AlterSpark and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of AlterSpark or our licensors except as expressly authorized by these Terms.
Individuals, university affiliated academics, small businesses of 5 or fewer, and non-profit organizations of 10 or fewer people are provided a non-commercial license to use the Site for personal development, organizational development or researcher purposes, provided any published materials credit “spearpersonality.com”.
All business or commercial uses that do not qualify under the non-commercial license require a commercial license. For commercial use, contact [email protected]
For paid services, you may cancel and receive a full refund any time within the first 30 days of a trial, and once you are on a full paid account, you may cancel any time before your next billing cycle.
Use of communication services
The Site may contain communities and chat areas, to enable you to communicate with groups and the public at large (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
AlterSpark has no obligation to monitor the Communication Services. However, AlterSpark reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. AlterSpark reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
AlterSpark reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AlterSpark’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. AlterSpark does not control or endorse the content, messages or information found in any Communication Service and, therefore, AlterSpark specifically disclaims any liability with regard to the Communication Services and any actions resulting from your voluntary participation in any Communication Service. Managers and hosts are not authorized AlterSpark spokespersons, and their views do not necessarily reflect those of AlterSpark.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to spearpersonality.com
AlterSpark does not claim ownership of the materials you provide to spearpersonality.com (including feedback and suggestions) or post, upload, input or submit to any AlterSpark Site or our associated services (collectively “Submissions”).
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
AlterSpark is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in AlterSpark’s sole discretion.
Links to third party sites/Third party services
spearpersonality.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of AlterSpark and AlterSpark is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AlterSpark is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AlterSpark of the site or any association with its operators.
Certain services made available via spearpersonality.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the spearpersonality.com domain, you hereby acknowledge and consent that AlterSpark may share such information and data with any third party with whom AlterSpark has a contractual relationship to provide the requested product, service or functionality on behalf of spearpersonality.com users and customers.
Third Party Accounts
You will be able to connect your AlterSpark account to third party accounts. By connecting your AlterSpark account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared through this functionality, do not use this feature.
Relation of the parties
You agree that no joint venture, partnership, employment, or agency relationship exists between you and AlterSpark as a result of this agreement or use of the Site.
Not professional advice
This Site provides services that includes educational and self-reflection content designed to help individuals and groups better understand their personality traits, strengths, weaknesses and relationships. The reports in this Site are not intended as professional advice, nor are they intended to replace the advice or support of a counsellor, therapist or health provider.
You agree to indemnify, defend and hold harmless AlterSpark, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. AlterSpark reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AlterSpark in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ALTERSPARK CORP. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ALTERSPARK CORP. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ALTERSPARK CORP. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The Service is controlled, operated and administered by AlterSpark from our offices within Toronto, Ontario, Canada. If you access the Service from a location outside Canada, you are responsible for compliance with all local laws. You agree that you will not use the AlterSpark Content accessed through spearpersonality.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
To the maximum extent permitted by law, this agreement is governed by the laws of the Province of Ontario and you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
AlterSpark’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AlterSpark’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by AlterSpark with respect to such use.
If any part of this agreement 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 remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AlterSpark with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AlterSpark with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
AlterSpark reserves the right, in its sole discretion, to terminate user access to the Site, to terminate accounts, to cancel services, to remove or edit content and to modify any service or portion of this Site, any time, without notice. When possible, AlterSpark staff will attempt to rectify any breaches of this agreement by communicating directly with account holders who are believed to have breached this agreement.
Changes to Terms
AlterSpark reserves the right, in its sole discretion, to change the Terms under which spearpersonality.com is offered. The most current version of the Terms will supersede all previous versions. AlterSpark encourages you to periodically review the Terms to stay informed of our updates.
AlterSpark welcomes your questions or comments regarding the Terms:
193 Augusta Avenue, Lower-level
Email Address: [email protected]
Telephone number: 416 921-2055
Effective as of January 20, 2017