• Terms of Use

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; 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:

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: product liability claims;

any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.

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.