Terms of Use

Some of the Services may be subject to additional terms and conditions, which are posted or made available separately from these Terms (“Additional Terms”). Your use of the Services may also be subject to additional policies, guidelines or rules we also post or make available. Such Additional Terms policies, guidelines and rules are incorporated in and form a part of these Terms. If there is a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent the conflict arises out of the Services to which the Additional Terms is related directly.

We reserve the right at any time to modify, suspend or discontinue any of the Services, with or without notice; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some or all users of the Services. Neither we nor any of our affiliates will be liable to you or any third party for any modification, suspension or discontinuance of the Services.

You may not use the Services and you may not accept these Terms if you are not of legal age to form a binding contract with us, which is 18 years of age in most states.

Your user name and password are for your personal use only, and not for use by any other person. We reserve the right to terminate Services to you if your user name and password are used by persons not living in your household. You are responsible for safeguarding your user name and password, and agree not to transfer or lend them to anyone else. You are responsible for all interaction with the Services that occurs with your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account or the Services, and to ensure that you log out from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from you not complying with any of your obligations in this paragraph.

For each Submission made by you, you represent and warrant that you have all rights necessary for you to provide the licenses granted in this Section 12, and that each Submission complies with applicable law.  You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under applicable law under any legal theory.  We request this waiver to help ensure that we have all the rights we may need to provide the Services.

Our trade names, trademarks and service marks include Pasito, JoinPasito, PasitoApp, Pasito Finance and any associated logos.  All trademarks and service marks displayed in connection with the Services not owned by us are the property of their respective owners. No license or right is granted to use any of our trade names, trademarks or service marks.

Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of our trademarks will inure to our exclusive benefit.

WE MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

NO INFORMATION, TIP OR OPTION PRESENTED BY US OR OBTAINED BY YOU FROM THE SERVICES WILL CREATE ANY WARRANTY REGARDING US OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS.  YOU MAKE ALL FINAL DECISIONS REALTING TO THE SERVICES AND THE FINANCIAL PRODUCTS AND SERVICES YOU ULTIMATELY OBTAIN AT YOUR OWN DISCRETION AND RISK.  YOU ASSUME ALL RISK FOR ANY LOSS, DAMAGE AND LIABILITY THAT MAY RESULT FROM YOUR DECISIONS.

YOU ACKNOWLEDGE THAT WE ARE NOT AN INTERMEDIARY BETWEEN YOU AND ANY PRODUCT OR SERVICE PROVIDER (INCLUDING ANY FINANCIAL INSTITUTION) THAT MAY BE PRESENTED WHEN USING THE SERVICES.  WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY PRODUCT OR SERVICE YOU MAY ULTIMATELY OBTAIN FROM ANY SUCH PRODUCT OR SERVICE PROVIDER (INCLUDING ANY FINANCIAL INSTITUTION).

NOTHING IN THIS SECTION AFFECTS WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.

1. email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our other customers to any harm or liability of any type;
2. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
3. violate any applicable local, state, national or international law, or any regulations having the force of law;
4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. solicit personal information from anyone under the age of 18;
6. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
9. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.

You also agree that you are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use the Services, and paying all related charges.

1. Term. These Terms are effective until terminated.
2. Termination or Deactivation by Us. We, in our sole discretion, may limit or terminate your access to or use of the Services, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination, your right to use the Services will immediately cease. Any limitation or termination of your access to or use of the Services may be effected without prior notice, and we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. The Released Parties will not be liable to you or any third party for any termination of your access to the Services or to any such information or files, and will not be required to make such information or files available to you after termination.
3. Terminating Your Account. You may terminate your account with us at any time by following the instructions provided in joinpasito.com or contacting us at hi@joinpasito.com. Your instructions will become effective in one business day or such longer period as will be commercially reasonable under the circumstances for us to act on your instructions. We will retain (a) your name and email address, the “nudges” presented to you, and (b) your profile information and any other information about you or provided by you, including other identifiers (for example, registration dates, IP address). We may anonymize and aggregate your information with other anonymized data to help us provide, optimize, improve, promote or market our products and services, create new products and services, or conduct or further our business.
4. Effect of Termination. Upon termination of these Terms, you remain obligated to pay any outstanding fees relating to your use of the Services that were incurred prior to termination. If we suspend or terminate your account due to unpaid fees, in addition to the amount due for your membership plan, we may charge you fees that are incidental to any chargeback or collection of any unpaid amount, including collection fees. The following sections of these Terms will survive termination of these Terms: 4-6, 11-15, and 18-29. Either party’s termination of these Terms is without prejudice to any other remedies it may have at law or in equity, and does not relieve either party of liability for breaches occurring prior to the effective date of termination. Neither party will be liable to the other for damages arising solely as a result of terminating these Terms.

1. Agreement to Arbitrate. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction. Nothing in the Arbitration Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
2. Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at hi@joinpasito.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company should be sent to 228 Park Ave S, PMB 61286, New York, New York 10003-1502 (“Notice Address”), with a copy to hi@joinpasito.com. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If you and us do not resolve the claim within sixty (60) calendar days after the Notice is received, you or us may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we is entitled.
3. Arbitration Procedures. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://adr.org/Rules). If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
   

   The arbitration may be conducted solely on the basis of documents submitted to the arbitrator. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.

4. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
5. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
6. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the provisions prohibiting class and representative actions and non-individualized relief in Section 24.1) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions prohibiting class and representative actions and non-individualized relif in Section 24.1 are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms will continue to apply.
7. Future Changes to to Arbitration Agreement. If we make any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

We suggest that you consult your legal advisor before filing a notice or counter-notice.

Confidentiality. In the course of providing the Services, we may disclose or make available to you information about our business. You acknowledge that all knowledge, information, and data provided by us to you with respect to our business, operations, and marketing of our or our partners’ products and services that is not generally known or publicly available, whether or not designated as “confidential,” is our confidential information and you will not use or disclose such confidential information to any third party without our prior written consent.