Terms

Horizon Performance Terms of Use – Version 0.01 (Effective: 23 June, 2014)

 

1. Terms of Use

Please read these terms of use carefully (“Terms“). These Terms govern and apply to your access and use of GideonSoft.com, the GideonSoft mobile Application, any other applications provided by Horizon Performance, and services provided through any other Horizon Performance websites (collectively the “Service“), all as provided by Horizon Performance, LLC. (“Horizon Performance“, “Horizon“, “GideonSoft“, “us“, “we“, “our“). By accessing or using the Service, you agree to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, or are not capable of forming a binding agreement with us, do not access or use the Service.

 

2. Use of the Service

GideonSoft is a selection and development software service that makes it easy for you to capture behaviors and measure attitudes and beliefs through our mobile and web-based apps as well as the GideonSoft website (each an “App“). As long as you comply with these Terms, you have the right to access the service through the website and download and install a copy of the App to your mobile device, and to access and use the Service, solely for your own personal use. You may not:

  1. copy, modify or distribute any App or any portion of the Service for any purpose;
  2. transfer, sublicense, lease, lend, rent or otherwise distribute any App or any portion of the Service to any third party;
  3. decompile, reverse-engineer, disassemble, or create derivative works of any App or any portion of the Service;
  4. make the functionality of any App or any portion of the Service available to multiple users through any means; or
  5. use any App or any portion of the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

 

The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each an “App Provider“). You acknowledge and agree that:

  • These Terms are concluded between you and Horizon Performance, and not with the App Provider, and that Horizon Performance (not the App Provider) is solely responsible for the App.
  • The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider may refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Horizon Performance.
  • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to:
    1. product liability claims;
    2. any claim that the App fails to conform to any applicable legal or regulatory requirement; and
    3. claims arising under consumer protection or similar legislation.
  • In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Horizon Performance will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
  • You must also comply with all applicable third party terms of service when using the App.

Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within our Service), possibly without prior notice to you. The Service may, at some point, include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on our Service are also subject to change over time. In consideration for providing you our Service, you agree that we and our third party providers and partners may place advertising on the Service or in connection with the display of content or information on the Service.

 

3. Creating a User Account

In order to access and use GideonSoft, including the Service, you will need to register and create an account (your “Account“). By creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When creating an Account, you may be required to provide certain personal information about yourself and will establish a username and a password. You agree to provide accurate, current and complete information about your Account, and to update your Account information promptly in the event that it changes.

When creating an Account, you are not permitted to:

  • provide any false personal information to us (including a false username) or create any account for anyone other than yourself without such other person’s permission
  • use a username that is the name of another person with the intent to impersonate that person
  • use a username that is subject to rights of another person without appropriate authorization or use a username that is offensive, vulgar or obscene or otherwise in bad taste.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates these Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your Account, including those that occur without your permission.

You can link your Account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases by using your username, password and/or other Account Information) to make certain information or services available to you through the Service. By linking your other accounts you expressly authorize us to access your account information and other applicable information from and through such third party accounts on your behalf as your agent and permit us to access, use and, in some cases, store your Account information to accomplish the foregoing.

 

4. Privacy Policy

Please refer to our Privacy Policy at http://horizonperformance.com/privacy for information on how we collect, use and disclose information from our users.

 

5. Content Submissions

Our Service allows you and other users to post, link, store, share and otherwise make available certain information, behaviors, assessments, images, videos, text and/or other content (“Content“). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You can remove Content that you posted by specifically deleting it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed and copies of your Content may continue to exist on the Service and/or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Service or otherwise.

You represent and warrant that:

  1. the Content is yours (you own it) or you have the right to use such Content and grant us the rights and license to such Content as provided in these Terms;
  2. the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person;
  3. the Content is otherwise in compliance with all applicable laws and regulations.

We ask that you respect our on-line community and other users when posting Content and using the Service. When submitting Content to or otherwise using the Service, you agree not to:

  • submit Content that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
  • publish falsehoods or misrepresentations that could damage us, our users or any third party
  • publish any private information of someone, like their address, phone number, email address, and information without their permission;
  • submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate
  • impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals
  • solicit a user’s password or other Account information; or
  • harvest user names, addresses, email addresses or any other Account information or Content available through or in connection with the Service for any purpose.

This list is illustrative and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Service or to review or edit any Content, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Service.

 

6. Content on the Service

The Content available through the Service, including Content provided by other users, has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with the Service or any Content on the Service, relating to the quality, suitability, truth, accuracy, completeness or ownership of any Content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.

 

7. Copyright Policy

We do not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove any such Content if properly notified that such Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located
  • your address, telephone number, and email address
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at legal@horizonperformance.com or by mail at Copyright Agent, c/o Horizon Performance LLC, 800 Regency Parkway, Suite 240, Cary, NC 27518.

 

8. Unauthorized Activities

Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service:

  1. attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers;
  2. access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
  3. gather and use information, such as other users’ names, real names, email addresses or other personally identifying information available through the Service to transmit any advertising, junk mail, spam or other form of solicitation;
  4. use the Service for any commercial purpose or for the benefit of any third party or in any manner not authorized by these Terms;
  5. violate any applicable law or regulation; or
  6. encourage or enable any other entity or individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

 

9. Indemnity

You agree to indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your Account violates any applicable law or regulation, or the rights of any third party.

 

10. Links to Third Party Sites

The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all liabilities and risk arising from your use or reliance of any third party sites.

 

11. Ownership

Our Service, including each of our Apps, is protected by copyright, trademark, trade secret and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the Service (including any of our Apps), as well as all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service, any App or any portion thereof, including as may be presented as part of or in connection with any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the App or the Service (“Feedback“) will be the sole and exclusive property of Horizon Performance and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.

 

12. Termination

In addition to any other right of termination set forth herein, if you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service and/or any App included therein.

 

13. Disclaimer

You understand and agree that the Service (including each App) is provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND/OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Service or any portion thereof (including any App) will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

 

14. Limitation of Liability

THE TOTAL LIABILITY OF HORIZON PERFORMANCE AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR AFFILIATES (COLLECTIVELY, “REPRESENTATIVES“) TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE (INCLUDING ANY APP) AND IN NO EVENT WILL IT EXCEED $50. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL HORIZON PERFORMANCE OR ITS REPRESENTATIVES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY APP AND/OR SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE OR IN CONNECTION WITH THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND/OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

15. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS SHALL APPLY TO YOU AND TO YOUR USE OF THE SERVICE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

16. General

These Terms are governed by the laws of the State of North Carolina, without regard to any conflict of laws rules or principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect and the invalid or unenforceable provision will be replaced by a valid and enforceable provision most closely approximating the intent of the original provision. These Terms constitute the entire agreement between you and Horizon Performance regarding the Service, and supersede and replace any prior agreements between you and Horizon Performance regarding the Service.

 

17. Revisions of Terms of Use

We may revise these Terms from time to time. When we revise these Terms, we shall provide a copy of the revisions at https://horizonperformance.com/terms and indicate the date of he most recent revision. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. You may refuse to agree to the revisions, but if you do, you would be making a poor decision because you must immediately cease using the excellent Horizon Performance Services. You must visit this page each time you come to our website or use our App and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.

 

18. Contact Information

Please contact us at legal@horizonperformance.com if you have any questions or concerns about our Terms.

 

19. Be Better!