Gideonsoft
GideonSoft by
Horizon Performance
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GideonSoft Terms of Use – Version 3

(Effective: 23 June, 2014, Updated: 23 May, 2023)

1. Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Horizon Performance LLC, doing business as GideonSoft (“GideonSoft,” “we,” “us,” or “our”), concerning your access to and use of the http://horizonperformance.com/ and https://gideonsoft.com/ websites as well as any other media form, media channel, application, website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE OR CONDITIONS OR ARE NOT CAPABLE OF FORMING A BINDING AGREEMENT WITH US, DO NOT ACCESS OR USE THE SERVICE.

2. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

3. User Representations

By using the Site, you represent and warrant that:

  • All registration information you submit will be true, accurate, current, and complete;

  • You will maintain the accuracy of such information and promptly update it as necessary;

  • You have the legal capacity and you agree to comply with these Terms of Use;

  • You are not a minor in the jurisdiction in which you reside;

  • You will not access the Site through automated or non-human means;

  • You will not use the Site for any illegal or unauthorized purpose; and

  • Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

4. User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

  • Use any information obtained from the Site in order to harass, abuse, or harm another person.

  • Make improper use of our support services or submit false reports of abuse or misconduct.

  • Use the Site in a manner inconsistent with any applicable laws or regulations.

  • Engage in unauthorized framing of or linking to the Site.

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Attempt to impersonate another user or person or use the username of another user.

  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

  • Use a buying agent or purchasing agent to make purchases on the Site.

  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

  • Use the Site to advertise or offer to sell goods and services.

  • Sell or otherwise transfer your profile.

6. User Generated Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party.

  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions.

  • You have the written consent of any identifiable individuals featured.

  • Your Contributions are not false or misleading.

  • They do not constitute unsolicited advertising or violate law or third-party rights.

Any use of the Site in violation of the foregoing may result in termination or suspension of your rights to use the Site.

7. Contribution License

By posting Contributions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, distribute, display, and create derivative works of those Contributions for any purpose. You waive all moral rights in your Contributions and retain full ownership. However, we may moderate, delete, or re-categorize any Contributions at our discretion.

8. Mobile Application License

If you access the Site via a mobile application, you are granted a limited, non-exclusive, non-transferable, revocable license to install and use the application strictly in accordance with these Terms of Use.

You may not:

  • Decompile or reverse engineer the application.

  • Use it for any revenue-generating or unlawful purpose.

  • Use proprietary interfaces or IP for derivative applications.

  • Make the application available to multiple users over a network.

Apple and Android Devices
If accessing through the Apple Store or Google Play:

  • The license is limited to your device.

  • Support is provided by us, not the App Distributor.

  • App Distributors are third-party beneficiaries of these terms.

  • You agree not to use the app in sanctioned countries or if listed on U.S. restricted party lists.

9. Submissions

Any feedback or suggestions submitted to us regarding the Site shall become our sole property. You waive all moral rights and acknowledge that such submissions are non-confidential.

10. Site Management

We reserve the right to:

  • Monitor the Site for violations.

  • Take legal action where appropriate.

  • Refuse or limit access to Contributions.

  • Remove content that is excessively large or burdensome.

  • Manage the Site to protect our rights and functionality.

11. Privacy Policy

We care about your data. By using the Site, you agree to our Privacy Policy, including the transfer of your data to and processing in the United States if accessing from outside the U.S.

12. Digital Millennium Copyright Act (DMCA) Notice and Policy

If you believe your copyright is infringed on the Site, please notify our Copyright Agent with:

  • A physical or electronic signature

  • Identification of the copyrighted work

  • Description of the infringing material

  • Your contact information

  • A statement of good faith belief

  • A statement of accuracy under penalty of perjury

Counter Notification
If your material was removed in error, submit a counter notification with:

  • Identification of the removed material

  • A statement consenting to jurisdiction

  • Your contact info and signature

  • A good faith statement of mistake

Contact our Designated Copyright Agent
Horizon Performance LLC
Attn: Copyright Agent
421 Fayetteville St.
Suite 1304
Raleigh, NC 27601
legal@horizonperformance.com

13. Term and Termination

We may terminate or suspend your account at any time without notice for any reason. If terminated, you may not register a new account under your name or any third party’s name. We may also pursue legal action.

14. Modifications and Interruptions

We reserve the right to modify or discontinue the Site at any time. We are not liable for any unavailability, delay, or loss resulting from such actions.

15. Governing Law

These Terms are governed by the laws of the State of North Carolina without regard to conflict of law principles.

16. Indemnity

You agree to indemnify and hold us harmless from any claims arising out of your use of the Site or any violation of these Terms or third-party rights.

17. Links to Third-Party Sites

We are not responsible for any third-party websites linked through the Site. Your use of such links is at your own risk.

18. Disclaimer

The Site is provided “as is.” We disclaim all warranties and are not liable for any damages, loss, unauthorized access, viruses, or inaccuracies. Use the Site at your own risk.

19. Limitations of Liability

We are not liable for any indirect, incidental, or consequential damages. Our total liability is limited to the amount paid by you, if any.

20. User Data

You are solely responsible for the data you transmit through the Site. We are not liable for any loss or corruption of such data.

21. Electronic Communications, Transactions, and Signatures

You consent to electronic communications, signatures, and contracts. These satisfy legal requirements for written communications.

22. General

These Terms are the full agreement between you and us. If any part is unlawful or unenforceable, the remainder remains valid. These Terms shall not be construed against us as the drafter.

23. SMS Statement of Use

GideonSoft and Horizon Performance LLC may respond to support-related texts, but will not initiate text messages. Message frequency varies. Text HELP for assistance or STOP to opt out. Message and data rates may apply.

Sample Opt-Out Text:
“You are receiving this message because you have initiated a support request via text, to opt out at any time you may reply STOP.”

24. Contact Information

To resolve complaints or request additional info, contact:

Horizon Performance LLC
421 Fayetteville St.
Suite 1304
Raleigh, NC 27601
legal@horizonperformance.com