Please read these Terms of Use (“Terms”) carefully as they apply to your access to and use of any of our services, including but not limited to, the website located at www.performance-protocol.com and all associated web pages, websites or other pages (“Sites”) and any application, content, software, product, program widget, or short-code campaign (as described in Section 8), or other online or mobile resource or any content therein in any of the foregoing, in each case, that links to or references these Terms (collectively, “Services”) provided by Hundred Public Safety, Inc., d/b/a Performance Protocol, its subsidiaries and affiliates (each “Performance Protocol”, “we”, “us” or “our”.).
We reserve the right to modify these Terms from time to time at our sole discretion and without notice. Changes to our Terms become effective on the date they are posted. Your continued use of any portion of the Services after any changes to the Terms have been posted will, on its own, signify your agreement to be bound by them. It is your responsibility to check these Terms periodically for changes.
We may supply different or additional terms, conditions, guidelines, policies, or rules in relation to some of our Services made available on or through Services (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Services and are hereby incorporated herein, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.
To use certain features of the Service, you may be required to provide us certain information. You represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information.
Please see our Privacy Policy for information about how we collect, use, share and otherwise process information about you. By using our Services, you agree that we may use your Personal Information in accordance with our Privacy Policy, which is incorporated by reference into these Terms. Our Privacy Policy does not constitute Supplemental Terms.
Subject to these Terms of Service, Performance Protocol hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install our mobile application(s) on one mobile device and (b) use our mobile application(s) for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the mobile application(s) for another device on which you also agreed to these Terms. Each instance of the Terms of Service that you agree to in connection with downloading a mobile application(s) grants you the aforementioned rights in connection with the installation and use of the mobile application(s) on one device.
You may be required to register an account to use the Service or certain features of the Service. Each registration is for a single natural person user only, unless otherwise expressly agreed by Performance Protocol. Registration for access to and use of the Service may also require access credentials, such as a username and a password, or adherence to other access requirements as designated by Performance Protocol in its sole discretion from time to time. You hereby agree to treat your access credentials as confidential and not to disclose such information to any third party without the prior express written consent of Performance Protocol, which may be granted or withheld in its sole discretion. You shall immediately notify Performance Protocol if you suspect or become aware of any loss, theft, or unauthorized use of Your login credentials. Performance Protocol will not be liable for any loss or damage arising from your failure (whether intentional or unintentional) to comply with these obligations. By submitting the requested information to the registration form or similar process on the Service, you represent and warrant that the information you submit for registration is complete, true, accurate, and current in all respects. You must maintain and promptly update your submitted account information to ensure that such information is complete, true, accurate, and current. Performance Protocol reserves the right to suspend, terminate, or otherwise discontinue your account and/or pending registration if Performance Protocol has reasonable grounds to suspect that any information You have submitted is untrue, inaccurate, not current, or incomplete, or that your registration, account, or use of the Service is in violation of applicable law or these Terms.
Performance Protocol may send emails or other electronic messages to you concerning your use of the Service, including without limitation by providing alerts or notifications within the Service. You consent to receive such electronic communications and you agree that all such electronic communications constitute valid legal notices satisfying any requirement that such notices be in writing.
You agree your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Performance Protocol, or in accessing or making any transaction regarding any agreement, acknowledgment, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as “E-Signature”), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Performance Protocol. You further agree that each use of your E-Signature in obtaining an account with Performance Protocol constitutes your agreement to be bound by the terms and conditions of Performance Protocol’s Terms and Privacy Policy as they exist on the date of your E-Signature.
Certain features of the Service may permit you to upload, post, display, transmit, or otherwise provide certain requested information, content, links, files, or other materials to the Service as part of messaging, communication or similar functionality on the Service, and/or as part of a survey, questionnaire, promotion, or request for feedback or input regarding the Service (each a “Submission” and collectively “Submissions”). You hereby grant to Performance Protocol a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, fully transferable, fully sublicensable license to use, display, copy, perform, reproduce, modify, record, distribute, create derivative works of, commercialize, and otherwise exploit Submissions in any manner and for any purpose, including but not limited to: (i) Performance Protocol’s operation of the Service and its features and functionalities; (ii) Performance Protocol’s development, promotion, marketing, and implementation of its products, services, programs, and events; (iii) Performance Protocol’s research, development, training of personnel and systems (including AI and machine learning), and other business operations; and (iv) any other lawful purpose. This license shall survive termination of your account or these Terms for any reason.
In addition, You agree that You will not upload, post, display, or transmit any Submission(s) that:
Performance Protocol may screen, review, edit, moderate, or monitor your Submissions from time to time at its discretion, but has no obligation to do so. In any event, Performance Protocol is not responsible to you under these Terms for your or any other user’s Submissions, and shall have no liability or responsibility for the quality, content, accuracy, legality, or effectiveness of any Submissions. You acknowledge and agree that Performance Protocol shall have no obligation of confidentiality whatsoever with respect to your Submissions.
By uploading, posting, displaying, transmitting, or otherwise providing a Submission to the Service, you represent and warrant that: (i) you possess all legal rights required to upload, post, display, and/or transmit each Submission and permit Performance Protocol to use such Submission as set forth herein (including without limitation any necessary third-party license rights or required consents under applicable law); (ii) each Submission is in full compliance with all applicable laws and regulations; and (iii) Your Submissions do not infringe, misappropriate, or otherwise violate the personal or proprietary rights of any third party.
The terms and conditions of this paragraph apply to you only if you downloaded Performance Protocol’s mobile app through Apple Inc.’s App Store. You acknowledge that these Terms are between you and Performance Protocol, and that Apple Inc. (“Apple”) bears no responsibility for the Service and its content. The license grant under these Terms with respect to Performance Protocol’s mobile app is a non-transferable license to use the Service on any Apple-branded products that you own or control as permitted by these terms and the Usage Rules set forth in the Apple Media Services Terms and Conditions that is compatible with Performance Protocol’s mobile app, except that the app may be accessed and used by other accounts associated with you via “Family Sharing” (as defined in the Apple Media Services Terms and Conditions). You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of Performance Protocol’s mobile app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the app to you; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app. Apple is not responsible for addressing any claims by you or a third party relating to the Service or your use of the Service, including without limitation: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third-party claim that Performance Protocol’s mobile app or your possession and use thereof infringes a third party’s intellectual property rights, Apple will not be responsible for any investigation, defense, settlement, or discharge thereof. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
SECTION 20 BELOW CONTAINS A BINDING ARBITRATION AGREEMENT. BY USING OUR SERVICES, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND PERFORMANCE PROTOCOL WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION. YOU FURTHER WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, AND YOUR RIGHTS TO A JURY TRIAL. PLEASE READ SECTION 20 CAREFULLY.
You must be at least eighteen (18) years old to use our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you will be fully responsible for the acts or omissions of such user in relation to our Services. Children under the age of 18 may not use the Services, and parents or legal guardians may not agree to these Terms on their behalf.
IF YOU ARE UNDER THE AGE OF 18 OR OTHERWISE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST OBTAIN THE CONSENT OF YOUR PARENT OR LEGAL GUARDIAN PRIOR TO USING OUR SERVICES. IF YOU DO NOT HAVE CONSENT, YOU MUST NOT USE OUR SERVICES.
SECTION 20 BELOW CONTAINS A BINDING ARBITRATION AGREEMENT. BY USING OUR SERVICES, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND PERFORMANCE PROTOCOL WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION. YOU FURTHER WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, AND YOUR RIGHTS TO A JURY TRIAL. PLEASE READ SECTION 20 CAREFULLY.
If you have any questions regarding the Services, please contact us at support@performance-protocol.com. Our mailing address is Hundred Public Safety, Inc., 1305 W. Auto Drive, Tempe, AZ 85284.
General
Performance Protocol reserves the right to modify, improve, or discontinue any portion of the Services at our sole discretion and without notice to you, even if any modification, improvement, or discontinuance prevents you from being able to access the Services or related information.
Performance Protocol shall not be liable to you or anyone else for any damages that may arise from Performance Protocol’s modification, discontinuation, or restriction on the availability of the Services (in whole or in part).
By using the Services you agree that Performance Protocol is not responsible for the content of the employer’s application, requirements, messages, screener questions, skills assessments, employee benefit programs, payroll practices, company policies, or other company practices, and that Performance Protocol does not guarantee receipt of your application or other information you provide by the employer, or your receipt of messages or other information from the employer. Please note that we do not choose the questions asked by employers or decide the job qualification criteria of employers. Employers are solely responsible for compliance with all applicable laws, including the Fair Credit Reporting Act and similar laws, anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and any applicable data protection or privacy laws. Employers are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You must contact the employer if you require alternative methods of screening.
Service may include electronic signature functionality
The Service may allow employers to request you sign documents electronically through our Service. This electronic signature service is provided by Performance Protocol’s for two counterparties (usually a company, herein described as the “sending party,” subscribing to our Services and an employee, employee-candidate or contractor) to electronically sign documents (for example, but not limited to, agreements, policies and forms). When you sign a document using our Service you affirmatively consent to using electronic signatures through our Service and consent to conducting electronic business transactions and that you are able to access through the Service and the document you are signing electronically. When using our Service for signing a particular document, your consent applies only to the matter(s) covered by that particular document.
If you are an employee, employee-candidate or contractor and you choose to not use our electronic signature Service offered by an employer, you must request the employer send you a non-electronic copy for manual execution. Performance Protocol assumes no responsibility for providing you with a non-electronic version of the document. In the event you are choosing to sign the document manually, do not use our Service to sign the document or to return the document to the sending party.
If you have signed a document electronically through our Service and transmitted it back to the sending party, you will need to request the signed document from the sending party. If you later withdraw your consent to using our electronic signature Service, please notify the sending party and stop using the electronic signature Service. Note that the decision to stop using the electronic signature Service after you have already used it does not change the legality of the documents you have signed using an electronic signature prior to such revocation.
When parties sign a document electronically using our Service, the rights and obligations associated with that document are solely those of such parties. Performance Protocol is not a party to the document and carries no liability or responsibility with respect to the correctness, validity or enforcement of the document. Furthermore Performance Protocol has no liability or responsibility with respect to the legal or non-legal aspects of the document or any dispute arising as a result of the document. Performance Protocol is only responsible for the provision of the electronic signature Service.
PLEASE NOTE THAT PERFORMANCE PROTOCOL’S STATEMENTS CONTAINED HEREIN OR ELSEWHERE CONCERNING THE VALIDITY OF ELECTRONIC DOCUMENTS AND/OR THE SIGNATURE LINES OF DOCUMENTS THAT ARE ELECTRONICALLY SIGNED ARE FOR INFORMATIONAL PURPOSES ONLY; THEY ARE GENERAL IN NATURE AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. UNDER FEDERAL AND STATE LAWS GOVERNING ELECTRONIC SIGNATURES, ELECTRONIC SIGNATURES ON CERTAIN TYPES OF AGREEMENTS ARE NOT ENFORCEABLE. PERFORMANCE PROTOCOL’S HEREBY DISCLAIMS ANY RESPONSIBILITY FOR ENSURING THAT DOCUMENTS ELECTRONICALLY SIGNED THROUGH THE SERVICE ARE VALID OR ENFORCEABLE UNDER THE LAWS OF THE UNITED STATES OF AMERICA, ANY PARTICULAR STATE, OR ANY OTHER LEGAL JURISDICTION. YOU SHOULD CONSULT WITH LEGAL COUNSEL CONCERNING THE VALIDITY OR ENFORCEABILITY OF ANY DOCUMENT YOU MAY SIGN ELECTRONICALLY USING THE SERVICE.
Service Availability
PERFORMANCE PROTOCOL DOES NOT GUARANTEE ANY LEVEL OF UPTIME, AVAILABILITY, ACCESSIBILITY, OR UNINTERRUPTED ACCESS TO THE SERVICES. The Services may be unavailable, interrupted, or experience degraded performance at any time due to maintenance, updates, system failures, technical issues, network outages, third-party service failures, or any other reason whatsoever. Performance Protocol may, in its sole discretion and without notice or liability: (a) modify, suspend, restrict, or discontinue all or any part of the Services; (b) implement maintenance or system updates; or (c) take any other actions Performance Protocol deems necessary. You acknowledge that you are not entitled to any credits, refunds, compensation, or other remedies for service interruptions or downtime. You assume all risks associated with service unavailability and Performance Protocol shall have no liability for any losses, damages, or consequences resulting from service interruptions, regardless of cause or duration.
In addition to other restrictions outlined in these Terms, you agree you will not, and you will not permit, assist, encourage, or enable anyone else to, use our Services to violate any applicable law, contract, intellectual property right or other third-party right or commit a tort. You further agree that you will not, and you will not permit anyone else to:
We have the right to investigate suspicious activity or occurrences and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in any unlawful or potentially unlawful activity or related occurrences.
The Services, including the text, graphics, images, photographs, videos, illustrations, charts, photographs, interfaces, software, computer code, data, documentation and other components and content contained therein, and all intellectual property rights in the foregoing, are the exclusive property of Performance Protocol or, as applicable, our licensors, and are protected under both domestic and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Performance Protocol or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
Our logos, our product or service names, our slogans and the look and feel of the Sites or any other component of the Services, are trademarks of Performance Protocol’s and may not be copied, imitated or used, in whole or in part, except with our express, written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Sites, or any other component of the Services, are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party’s consent. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
We respect the intellectual property of others and asks that you do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Performance Protocol is: Copyright Agent
Designated Agent: Hundred Public Safety, Inc.
Address of Agent: 1305 W. Auto Drive
Tempe, AZ 85284
Telephone: (480) 442-4447
Email: info@performance-protocol.com
Only notices pursuant to this Section 10 and notices relating to complaints in connection with user content should go to the Copyright Agent; any other feedback, comments or requests for support should be addressed to the address in Section 3.
You may choose to use our Services to communicate with us or one of our clients or service partners, as applicable or to engage in another Service, through SMS technology. You may opt-in to communicate through SMS and/or MMS toll-free numbers, and send and receive messages as described below.
When you agree to opt into our messaging service, we will send you an SMS message to confirm your signup and application.
You can cancel the SMS service at any time. Just text “STOP” to the toll-free number. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, please reach out to the HR manager of the position for which you would like to receive text messages again.
If at any time you forget what keywords are supported, just text "HELP" to the toll-free number. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
SMS messaging is not available on all carriers and carrier participation could change. As of date of these Terms, our text messages are sent via toll-free numbers through third-party providers (such as Telnyx) and can be delivered to most major carriers. If you have questions about your carrier please contact them directly. The content is not compatible with all mobile device models. The list of participating carriers may be changed or updated at our sole discretion without prior notice. Neither Performance Protocol nor the Carriers will be liable for any delays in the receipt of any SMS messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time. Neither Carriers nor Performance Protocol are liable for delayed or undelivered messages.
Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary based on the Service. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this toll-free number, you can send an email to support@performance-protocol.com.
You may voluntarily submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about us or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback or to improve the Services or develop new products or services in our sole discretion. We will exclusively own all improvements to the Services, or new products or services based on any Feedback. You understand that we may treat Feedback as nonconfidential.
We may provide information about or links to third-party products, content, employment opportunities, services, activities, or events, or we may allow third parties to provide such items to you on or through the Services (collectively, “Third-Party Content”). We may provide Third-Party Content as a service to those interested in such Third-Party Content. You understand that by accessing Third-Party Content, you may see content that may be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful. We cannot always prevent others’ misuse of the Services, and you agree that we are not responsible for any such misuse. Performance Protocol does not control or endorse any Third-Party Content, and makes no representations or warranties regarding, any Third-Party Content, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third-Party Content. Your access to and use of such Third-Party Content is at your own risk and may be subject to additional terms, conditions, guidelines, policies, or rule (including terms of service or privacy policies of the providers of such Third-Party Content). You are solely responsible for deciding whether you will access or use any such Third-Party Content.
Additional notices, terms, and conditions may apply to services, receipt of or access to certain materials, participation in a particular program, and/or to specific portions or features of the Services, including without limitation the terms of third-party tools, applications, and APIs utilized by or incorporated in the Services, and the terms of app stores, digital distribution services, or third-party payment processors or benefit providers. Your use of any such third-party feature, tool, application, or API is conditioned on your acceptance of all third-party terms applicable thereto, and You agree to abide by all such terms in connection with your use of the Services. You hereby agree that: (i) these Terms operate in addition to any terms of service imposed or required by any such third-party provider; and (ii) these Terms do not alter or amend any such third-party terms of service.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PERFORMANCE PROTOCOL AND OUR SUBSIDIARIES AND AFFILIATES, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS, REPRESENTATIVES, SERVICE PROVIDERS, LICENSORS, AND EMPLOYEES (INDIVIDUALLY AND COLLECTIVELY, THE “PERFORMANCE PROTOCOL PARTIES”) FROM AND AGAINST ALL CHARGES, CLAIMS, DAMAGES, LOSSES, COSTS, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) INCURRED AS A RESULT OF OR ARISING FROM A CLAIM, COMPLAINT, ALLEGATION, LAWSUIT, OR DEMAND ARISING OUT OF OR RELATING IN ANY WAY TO (A) YOUR ACCESS TO OR USE OF THE SERVICES; (B) SHARING YOUR LOGIN CREDENTIALS FOR THE SERVICE WITHOUT OUR AUTHORIZATION; (C) YOUR VIOLATION OF ANY APPLICABLE LAWS; (D) YOUR VIOLATION OF THESE TERMS; (E) YOUR VIOLATION, MISAPPROPRIATION OR INFRINGEMENT OF ANY RIGHTS OF ANOTHER (INCLUDING INTELLECTUAL PROPERTY RIGHTS OR PRIVACY RIGHTS); OR (F) YOUR CONDUCT IN CONNECTION WITH THE SERVICES. YOU AGREE TO PROMPTLY NOTIFY THE PERFORMANCE PROTOCOL PARTIES OF ANY CLAIMS, COOPERATE WITH THE PERFORMANCE PROTOCOL PARTIES IN DEFENDING SUCH CLAIMS AND PAY ALL FEES, COSTS AND EXPENSES ASSOCIATED WITH DEFENDING SUCH CLAIMS (INCLUDING ATTORNEYS’ FEES). YOU ALSO AGREE THAT THE PERFORMANCE PROTOCOL PARTIES WILL HAVE CONTROL OF THE DEFENSE OR SETTLEMENT, AT PERFORMANCE PROTOCOL’S SOLE OPTION, OF ANY CLAIMS.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK AND THAT OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. PERFORMANCE PROTOCOL, ON BEHALF OF ITSELF AND THE PERFORMANCE PROTOCOL PARTIES, DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, ENDORSEMENTS, OR REPRESENTATIONS WHATSOEVER AS TO THE OPERATION OF THE SERVICES, INFORMATION, CONTENT, MATERIALS, OR PRODUCTS. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT, OR ERROR-FREE OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.
We reserve the right to terminate your access to and use of all or any component of the Services, in whole or in part, at any time in its sole discretion and for any reason. Your obligations under these Terms will survive any such termination. Performance Protocol shall not be liable to you or anyone else for any damages arising from or related to Performance Protocol’s suspension or termination of your access to the Services, or in the event Performance Protocol modifies, discontinues or restricts the availability of the Services (in whole or in part).
TO THE GREATEST EXTENT ALLOWED BY LAW, YOU EXPRESSLY AGREE AND HEREBY RELEASE THE PERFORMANCE PROTOCOL PARTIES FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR USE OF THE SERVICES, AND PROMISE NOT TO SUE THE PERFORMANCE PROTOCOL PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED THEREWITH.
YOU ALSO AGREE THAT IN NO EVENT WILL THE PERFORMANCE PROTOCOL PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR USE OR MISUSE OF THE SERVICES, (B) ANY DELAY OR INABILITY TO USE THE SERVICES, OR (C) ANY CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PERFORMANCE PROTOCOL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
YOUR SOLE REMEDY AGAINST THE PERFORMANCE PROTOCOL PARTIES FOR USE OF THE SERVICES IS TO STOP USING THE SAME. NOTWITHSTANDING THE FOREGOING, IF PERFORMANCE PROTOCOL IS FOUND TO BE LIABLE TO YOU FOR ANY DIRECT DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, PERFORMANCE PROTOCOL’S LIABILITY SHALL NOT EXCEED: (A) WITH RESPECT TO CLAIMS ARISING FROM OR RELATING TO COACHING SERVICES, THE TOTAL AMOUNT PAID BY YOU OR ON YOUR BEHALF FOR COACHING SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; AND (B) WITH RESPECT TO ALL OTHER CLAIMS ARISING FROM OR RELATING TO THE SERVICES, ONE HUNDRED DOLLARS ($100.00 USD). THE FOREGOING LIMITATIONS APPLY EVEN IF ANY AVAILABLE REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.
If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Services or by us may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules, as well as please see our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.
Please read the following arbitration agreement in this Section (the “Arbitration Agreement”) carefully. It requires you to arbitrate disputes with us or our Performance Protocol Parties and limits the way you can seek relief from us or our Performance Protocol Parties.
a. Applicability of Arbitration Agreement
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity of these Terms, including the determination of the scope or applicability of this agreement to arbitrate (collectively, the “Dispute”), which cannot be resolved informally in accordance with Section 20(b) below, shall be resolved by binding arbitration on an individual basis under the terms set forth in this Arbitration Agreement. Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of Performance Protocol or its providers intellectual property or other proprietary rights, Performance Protocol or its provider may immediately resort to court proceedings in a court of competent jurisdiction as set forth above in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement. You acknowledge and agree that any breach or threatened breach of these Terms relating to Performance Protocol’s intellectual property, proprietary rights, or Confidential Information would cause irreparable harm for which monetary damages would be inadequate, and you hereby waive any requirement that Performance Protocol post a bond or other security in connection with any action for injunctive or equitable relief. The institution of any action for injunctive relief does not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration. You agree that you will not seek injunctive or equitable relief against Performance Protocol or any Performance Protocol Party for any claim arising out of or relating to these Terms or the Services; your sole remedy shall be monetary damages subject to the limitations set forth herein. This Arbitration Agreement applies to You and Performance Protocol and any Performance Protocol Party.
b. Informal Dispute Resolution
There might be instances when a Dispute arises between you and us. If that occurs, we are committed to working with you to reach a reasonable resolution. You and us agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and us therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
c. Arbitration Rules and Forum
The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) before a single arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. Unless otherwise required by applicable law or AAA rules, the parties shall share equally in the arbitrator’s fees and AAA filing fees associated with the arbitration. Each party shall bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action.
THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION.
d. Place.
The place of arbitration shall be Phoenix, Arizona, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
e. Survival.
This Arbitration Agreement will survive the termination or expiration of these Terms for any reason.
f. Time Limitation on Claims.
Unless otherwise required by law, you agree that you must initiate arbitration within one (1) year after any Dispute arose; otherwise, the Dispute is permanently barred. This limitation period does not apply to claims brought by Performance Protocol.
g. Class Action Waiver.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST PERFORMANCE PROTOCOL ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless Performance Protocol agrees otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void.
h. Waiver of Jury Trial
EXCEPT AS SPECIFIED IN SECTION 20(A), YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You are instead electing that all covered claims and disputes you bring against Performance Protocol or the Performance Protocol Parties shall be resolved exclusively by arbitration under this Arbitration Agreement, except as specified in Section 20(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of the State of Arizona, without regard to conflict of law rules or principles. If any dispute between the parties is not subject to arbitration, then the state and federal courts located in Phoenix, Arizona, will have exclusive jurisdiction. You and Performance Protocol waive any objection to the venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you (but only to the extent that local law conflicts with this section).
If you are an individual residing in California, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
No provision in these Terms will apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Performance Protocol reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state.
For contractual purposes, you (a) consent to receive communications from Performance Protocol in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Performance Protocol provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Performance Protocol’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
You are responsible for complying with the export laws and regulations of the United States and other applicable jurisdictions. Without limiting the generality of the foregoing, you represent, warrant, and covenant that you are not: (1) located in, or a resident or a national of, any country subject to a U.S. government embargo; (2) listed on any U.S. government list of prohibited or restricted parties; or (3) engaged in activities directly or indirectly related to proliferation of weapons of mass destruction
These Terms (including any Supplemental Terms) reflect the entire agreement between you and us relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
Performance Protocol shall not be liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay results from circumstances beyond Performance Protocol’s reasonable control, including but not limited to: acts of God; natural disasters; epidemics, pandemics, or other public health emergencies; war, armed conflict, or terrorism; civil unrest, riots, or insurrection; government actions, orders, regulations, or sanctions; labor disputes, strikes, or work stoppages; cyber attacks, data breaches, or network intrusions; failures of internet, telecommunications, or other infrastructure; failures or interruptions of third-party service providers; power outages or utility failures; supplier failures; transportation delays; or any other similar events or circumstances beyond Performance Protocol’s reasonable control (each, a “Force Majeure Event”). In the event of a Force Majeure Event, Performance Protocol may, in its sole discretion and without liability: (a) suspend or restrict access to all or any portion of the Services; (b) extend deadlines for performance of its obligations; or (c) terminate these Terms or any portion of the Services. Force Majeure Events shall not excuse, delay, or suspend your obligations under these Terms, including without limitation your payment obligations, confidentiality obligations, or compliance with these Terms.
Performance Protocol may freely assign, transfer, novate, or delegate any or all of its rights and obligations under these Terms, in whole or in part, at any time without notice to you or your consent, including but not limited to in connection with any merger, acquisition, corporate reorganization, or sale of assets. You may not assign, transfer, novate, or delegate any of your rights or obligations under these Terms, whether voluntarily, involuntarily, by operation of law, or otherwise, without the prior written consent of Performance Protocol, which may be withheld in Performance Protocol’s sole and absolute discretion. Any attempted assignment, transfer, novation, or delegation by you in violation of this Section shall be null and void and of no effect. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
The termination or expiration of these Terms for any reason shall not affect any accrued rights or obligations of either party, including without limitation Performance Protocol’s rights to payment for Services already provided and your obligations with respect to activities that occurred prior to such termination or expiration. The following provisions of these Terms shall survive any termination or expiration of these Terms: Section 5 (Submissions), Section 6 (Coaching Services), Section 8 (Ownership), Section 9 (Trademarks), Section 10 (Copyright Policy), Section 12 (Feedback), Section 14 (Indemnification), Section 15 (Warranty Disclaimer), Section 17 (Limitation of Liability), Section 18 (Release), Section 20 (Dispute Resolution), Section 21 (Governing Law), Section 28 (Force Majeure), Section 29 (Assignment), and any other provision that by its terms or nature is intended to survive or continue beyond termination or expiration of these Terms. Your payment obligations for Services already rendered shall survive termination for any reason.
Please direct any questions and concerns regarding these Terms to us at:
Hundred Public Safety, Inc.
1305 W. Auto Drive
Tempe, AZ 85284