STRENGTHS STRATEGY, INC. | PEOPLE ACUITY
Last updated: July 24, 2017
Welcome to the website of Strengths Strategy, Inc., People Acuity LLC and/or its affiliates and/or partners or vendors (collectively, “People Acuity a Strengths Strategy Company” or “People Acuity”). People Acuity provides this website, including content and features, and other products and services to you when you visit, learn, participate or purchase products or services at www.peopleacuity.com and/or use applications for mobile or use software provided by People Acuity with any of the foregoing (collectively, “People Acuity Services”). People Acuity provides the People Acuity Services subject to the following terms and conditions.
By using People Acuity Services, you agree to these conditions. (Please read them carefully)
We offer a range of People Acuity Services and sometimes additional terms or agreements may apply. When you use a particular People Acuity Service you also will be subject to the guidelines, terms and agreements applicable to that People Acuity Services (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
By using the People Acuity website, you agree to be governed by our Privacy Notice, which also governs your use of People Acuity Services. Please review our Privacy Notice [LINK] to understand our privacy practices.
When you use People Acuity Services or send e-mails, text messages, voice messages and other communications from your desktop, laptop, or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, voice messages, mobile push notices, or notices and messages on this site or through the other People Acuity Services and you authorize us to retain copies for our business purposes and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any People Acuity Service, such as text, graphics, logos, button icons, images, audio clips, video clips, animation clips, digital downloads, data compilations, and software is the property of People Acuity or its content suppliers and is protected by United States and international copyright laws. The compilation of all content included in or made available through any People Acuity Service is the exclusive property of People Acuity and protected by United States and international copyright laws.
Click here to see a non-exhaustive list of People Acuity trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any People Acuity Service are trademarks or trade dress of People Acuity in the United States and other countries. People Acuity’s trademarks and trade dress may not be used in connection with any product or service that is not People Acuity’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits People Acuity. All other trademarks not owned by People Acuity that appear in any People Acuity Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by People Acuity.
One or more patents owned or licensed by People Acuity apply to the People Acuity Services and to the features and services accessible via the People Acuity Services. Portions of the People Acuity Services operate under license of one or more patents. Click here to see a non-exhaustive list of People Acuity patents and/or applicable licensed patents.
RIGHT OR LICENSE AND ACCESS
YOUR ACCOUNT AND LOGIN
You may need your own People Acuity account and login to use certain People Acuity Services, and you may be required to be logged in to your account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. People Acuity does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the People Acuity Services only with involvement of a parent or guardian. People Acuity reserves the right to refuse service, terminate accounts, terminate your rights to use People Acuity Services, remove or edit content, or cancel orders in its sole discretion.
COMMENTS, COMMUNICATIONS, MEDIA AND CONTENT
You may post comments, communications, media, including photos, audio and videos, and/or other content; send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information content, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages (collectively “User Content”). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. People Acuity reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content.
If you do post User Content or submit material, and unless we indicate otherwise, you grant People Acuity a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You grant People Acuity and sub-licensees the right to use the name that you submit in connection with such User Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that the User Content is accurate; that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify People Acuity for all claims resulting from Content you supply. People Acuity has the right but not the obligation to monitor and edit or remove any activity or User Content. People Acuity takes no responsibility and assumes no liability for any User Content posted by you or any third party.
People Acuity respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our CLAIMS OF COPYRIGHT INFRINGEMENT. [LINK]
When you use apps created by People Acuity you may grant certain permissions to us for your device. Most desktop, laptop and mobile devices provide you with information about these permissions. These permissions are available by clicking here. [LINK]
You may not use any People Acuity Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using People Acuity Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including People Acuity Software and apps), technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE PEOPLE ACUITY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PEOPLE ACUITY SERVICES ARE PROVIDED BY PEOPLE ACUITY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PEOPLE ACUITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PEOPLE ACUITY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PEOPLE ACUITY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PEOPLE ACUITY SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, PEOPLE ACUITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEOPLE ACUITY DOES NOT WARRANT THAT THE PEOPLE ACUITY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND APPS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PEOPLE ACUITY SERVICES, PEOPLE ACUITY’S OR ITS VENDORS’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PEOPLE ACUITY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, PEOPLE ACUITY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PEOPLE ACUITY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND APPS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PEOPLE ACUITY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any People Acuity Service, or to any products or services sold or distributed by People Acuity or through www.peopleacuity.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Harvard Business Services, Inc. located in the State of Delaware. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
POLICIES, MODIFICATION AND SEVERABILITY
Strengths Strategy, Inc.
P.O. Box 281
Chanhassen, MN 55317
ADDITIONAL PEOPLE ACUITY SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software and apps (including any updates or upgrades to the software and apps) and any related documentation we make available to you in connection with People Acuity Services (the “People Acuity Software”).
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the People Acuity Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the People Acuity Software at any time and without notice to you.