These Gloo Interactive Services Terms of Service and Assessment Terms of Service (“Terms”) apply to the Services. By agreeing to these Terms (for example, by clicking on a link to accept the Terms), by using growth plan builder or by using the Services, you agree that your use of the services is subject to these Terms and that these Terms form a binding agreement between you and Gloo.
IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, DO NOT USE THE SERVICES.
You may only use the Services if you are 13 years of age or older and meet the eligibility requirements specified in connection with the Services (if any). If you are 13 or older but younger than 18, then you may use the Service only if your parent or guardian accepts these Terms on your behalf. If you are a parent or guardian accepting these Terms for the benefit of your child age 13 or older but under 18, you agree you will be solely responsible for all participation by your child in any of the Services. If you are under 13, then you may not use the Services. By using the Services, and by agreeing to these Terms, you acknowledge you meet each of these requirements. If you do not meet any of the requirements for an assessment, you may not participate in the assessment.
Registration and Accounts
You may be required to establish a user account with us to access the Services (an “account”). You are responsible for all activity that happens on or through your account. You may create your own account. You may also receive an invitation to create an account. When you create an account, you agree that all information provided will be true and complete, and will be promptly updated and kept accurate and current. To protect your account, keep your account password (if any) confidential. If you learn of any unauthorized use of your account or password, or if you lose your password or have any technical issues accessing your account, please contact us immediately at: firstname.lastname@example.org (with the subject: “Re: Interactive Services”). If you also wish to cancel your account, you may also contact Gloo at: email@example.com (with the subject: “Re: Interactive Services”) to request that your account be cancelled.
The Services aim to facilitate meaningful growth (or treatment, if applicable) and interactions. To help ensure the success of that growth (or treatment, if applicable) and interaction, we require that you comply with these Terms, including the following guidelines, as a condition to participate in the Services.
Be real. Participants need to be real people, who provide their real names and accurate information about themselves. It is not acceptable to provide misleading information about yourself, your qualifications, your conditions, or your experience, affiliations or achievements when participating in any assessment.
Show respect. The Services are tools for growth (or treatment, if applicable). Do not use the Services to harass, abuse, troll, or send unwelcomed communications to others. Be cool. Don’t use the Services to promote or threaten violence, make hate speech, or to bully, intimidate or attack others because of their age, race, gender, religion, national origin, sexual orientation, political affiliation, medical condition, or disability.
Don’t misuse the Services. The Services may not be used for illegal activities or to violate the rights of others. Do not interfere with any Services or try to access them using a method other than the interface and the instructions that we provide. You may use each assessment only as permitted by law.
Using the Services does not give you ownership of any intellectual property rights relating to the assessment or any software, hardware, databases, or other technology we use to operate or provide you with the assessment (“technology”). We retain all intellectual property rights and other rights to each assessment and all technology. We give you a limited, personal, royalty-free, non-assignable, non-exclusive license to use each assessment only while participating in the assessment and to access any technology we make available to you for that purpose. This license is solely to enable you to participate in each assessment as we make that assessment available to you as permitted by these Terms. All rights not expressly granted to you by these Terms are reserved by us. These Terms do not grant you the right to use any branding or logos used in any assessment.
The Services and the technology are the valuable property of Gloo. You will not, and will not knowingly permit any third party to: (1) access or use your account or any assessment except as expressly permitted by these Terms; (2) access or use your account or any assessment in any unlawful or illegal manner; (3) use automated scripts to collect information or data from or otherwise interact with your account or any assessment or technology; (4) alter, modify, reproduce, create derivative works of your account or any assessment or technology; (5) distribute, resell, lend, loan, lease, license, transfer, or otherwise make available your account or access to any assessment or technology or any rights therein to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of or any trade secrets embodied in any assessment or technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any assessment or technology; (8) interfere in any manner with the operation of any assessment or technology or in any other manner that could damage or impair any assessment or technology; or (9) alter, obscure or remove any copyright notice, copyright management information, or proprietary legend contained in or on any assessment or technology.
42 CFR Part 2 Consent
If your participation in the Services is initiated by a treatment or recovery organization, you hereby acknowledge and authorize the organization to disclose any and all substance use disorder information about you, including but not limited to your patient records, information derived from your patient records, and related material, to Gloo for the purpose of enabling you to participate in the Services. You understand that any substance use disorder records are protected under federal law, including the federal regulations governing the confidentiality of substance use disorder patient records, 42 C.F.R. Part 2, and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), 45 C.F.R. Parts 160 and 164, and cannot be disclosed without your written consent, unless otherwise provided for by the regulators. You understand that you may revoke this authorization at any time except to the extent that action has been taken in reliance on it. Unless you revoke your consent earlier, this consent will expire automatically upon the termination of the Services. You understand that you may be denied access to Services if you refuse to consent to disclosure for purposes of treatment, payment, or healthcare operations, if permitted by state law. You will not be denied services if you refuse to consent to a disclosure for other purposes. You have been provided a copy of these Terms.
You must follow all policies that pertain to each assessment, including those provided in connection with using the Services. We may suspend your right to use the Services, or stop providing you with access to your account, if you do not comply with any of our policies or with these Terms or if we are investigating suspected misconduct.
Text Messages & Short Codes
When you opt-in to the service, we will send you an SMS message to confirm your sign up for Gloo assessments notifications.
You can cancel the SMS service at any time. Just text "STOP" to stop. 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, just sign up as you did the first time and we will start sending SMS messages to you again.
If at any time you forget what keywords are supported, just text "HELP" for help. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as wellas how to unsubscribe.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular,Alltel, Boost Mobile, Nextel, and Virgin Mobile.Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN),Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).***Carriers are not liable for delayed or undelivered messages**
As always, message and data rates may apply for any messages sent to you from us and us to you. You will receive one message per assessment. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
Our Gloo Assessment Privacy Statement explains how we treat your personal data and protect your privacy when you use the Services.
Communications and Interactions
Through your account or through your participation in an assessment, you may communicate and interact with us and with other participants in the Services. Your communications and interactions with any other assessment participant (“participant”) are strictly between you and that participant and you are solely responsible for each of your communications and interactions with any other participant. Your communication or interaction with us or any other participant will serve as your consent to interact and share your information with us or that participant. We do not guarantee the confidentiality of your communications, whether with us or any participant. We assume no responsibility for any act, omission or wrongdoing of any other participant.
You are solely responsible for all data, information, and other content (such as text, audio, video, photographs, illustrations, graphics and other media) (“content”) that you provide through participating in any assessment or in connection with your account (“your content”).
When you provide us with your content, you are agreeing to allow us and our third-party service providers to use that content for the purpose for which it was provided. You agree that none of your content or the use or disclosure of your content by us and our third party service providers will: (1) violate these Terms or any applicable law; (2) be libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (3) constitute an infringement or misappropriation of any intellectual property rights or other rights of any third party; (4) be false, misleading, inaccurate or incomplete; or (5) be considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message or disruptive advertisement.
By making your content available to us, you agree that you own or have all necessary rights to make available your content available to us and you grant us and our third-party service providers (and those we work with) a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display your content throughout the world in any form, media, software, or technology of any kind.
Under no circumstances will we or our third-party service providers be liable for any of your content, including any errors or omissions in any of your content, or for any loss or damage suffered as a result of any use or disclosure of your content or any deletion, correction, destruction, damage, loss, or failure to store or back-up of any of your content.
We do not have any obligation to review any of your content, provided that we may review your content to determine whether it violates these Terms, our policies, or applicable laws, and we may remove or refuse to transmit or display any of your content that we reasonably believe violates these Terms, our policies, or applicable law.
We reserve the right to make any changes to these Terms or to any assessment, your account, or any technology effective upon notice to you as permitted under these Terms. If you do not approve of any such changes, you may discontinue your use of any assessment or your account at any time. Your continued participation in the Services following any such change will constitute your acceptance of and agreement with such change.
We may suspend and disable access to your account and any of the Services, with or without notice, upon any actual, threatened, or suspected breach of these Terms or applicable law, or if we reasonably believe your conduct is inappropriate or detrimental to Gloo, any other participant, or any third party. Some of your information may remain stored within the Services after account cancellation for recordkeeping purposes. None of your information will be used or disclosed, except in accordance with these Terms or as permitted or required by law.
Audit and Investigation
If we have reason to believe you, or any third parties on your behalf, have violated or are otherwise in violation of these Terms, you agree to promptly provide us information to assist us with any applicable investigation, including allowing us to audit your use of your account and any assessment or technology. If we determine you have violated these Terms, you hereby grant us authority to secure injunctive relief from your continued violation.
You have no obligation to give us any suggestions, enhancement requests, recommendations, comments or other feedback (“feedback”) relating to any assessment. To the extent we receive any feedback from you, we may use and include any feedback that you provide for any purposes with no obligation to you. Accordingly, if you provide feedback, you agree that the feedback will become our proprietary information we may freely use, reproduce, license, distribute, and otherwise commercialize the feedback for any purpose.
Warranties and Disclaimers
We provide all of the Services using a commercially reasonable level of skill and care and we hope that you will enjoy participating in them. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, GLOO, ITS AFFILIATES, AND ITS AND THEIR MANAGERS, SUPPLIERS, DISTRIBUTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “GLOO PARTIES”) DO NOT MAKE ANY SPECIFIC PROMISES, REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT ANY OF THE SERVICES AND WE PROVIDE ALL THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES AND CONDITIONS, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL SUCH WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE GLOO PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE RELATING TO THESE TERMS OR ANY ASSESSMENT. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
If applicable, you waive California Civil Code Section 1542, which states, in relevant part: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Limitation of Liability
GLOO PARTIES WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES IN CONNECTION WITH THESE TERMS OR ANY OF THE SERVICES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL CUMULATIVE LIABILITY OF GLOO AND EACH GLOO PARTY, FOR ANY CLAIMS UNDER THESE TERMS OR RELATING TO ANY ASSESSMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNTS (IF ANY) YOU PAID GLOO TO PARTICIPATE IN ANY ASSESSMENT.
IN ALL CASES, GLOO PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
You agree to indemnify and hold harmless Gloo Parties (as defined above) from and against any third party claims, losses, damages, or demands (including reasonable attorneys' fees and court costs) that are due to or arise out of your participation in any assessment, any of your content or any communication or interaction you have with any other participant or third party, or your violation of these Terms or the rights of another.
We respect the intellectual property of others. We may, in appropriate circumstances and at our discretion, disable or terminate the accounts of participants who repeatedly infringe others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Gloo’s copyright agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
- A description of the copyrighted work or other intellectual property that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Services.
- Your address, telephone number, and email address.
- Both of the following statements in the notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Gloo’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Copyright Agent, Gloo, LLC, 819 Pearl Street, Boulder, CO 80302
By email: firstname.lastname@example.org (with the subject: “Re: Copyrights”)
Except for any disputes related to ownership of technology or intellectual property rights (which may be resolved by a party seeking appropriate injunctive relief), any dispute or claim arising out of these Terms or a breach of it, including its interpretation, performance or termination, that we are unable to resolve with you within 60 days after written notice describing the dispute or claim, shall be finally resolved by binding arbitration (“arbitration”) under the commercial arbitration rules of the American Arbitration Association then in effect (the “rules”). Either party may commence the arbitration by delivering a request for arbitration as specified in the rules. The arbitration will be conducted before a sole neutral arbitrator selected by agreement of you and Gloo. If we cannot agree on the appointment of a single arbitrator within 30 days after either of us delivers a request for arbitration, a neutral arbitrator will be selected as provided in the rules. The arbitration will be conducted exclusively in the English language at a site specified by Gloo in Denver, Colorado, U.S.A. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. The award of the arbitrator will require payment of the costs, fees and expenses incurred by the prevailing party in any arbitration by the non-prevailing party. Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.
The laws of Colorado, U.S.A., excluding any conflict of laws rules thereof, will apply to any disputes arising out of or relating to these Terms or any assessment. Subject to the section above titled “Arbitration”, you agree to bring any action or proceeding arising from or relating to these Terms exclusively in a federal court in the District of Colorado, U.S.A. or in state court in Denver, Colorado U.S.A., and You irrevocably submit to the personal jurisdiction and venue of any such courts in any such action or proceeding brought in such courts by Gloo.
You agree that the limitations and restrictions in these Terms are necessary and reasonable to protect Gloo, and that monetary damages may not be a sufficient remedy for breach of these Terms. You therefore agree not to assert, with respect to an action or motion of Gloo for injunctive relief with respect to such breach, that monetary damages would be sufficient remedy for such a breach. In addition to any arbitration proceeding, you agree that Gloo will be entitled to seek temporary and permanent injunctive relief against any threatened violation of such limitations or restrictions or the continuation of any such violation in any court of competent jurisdiction, without having to prove actual damages.
These Terms will exclusively govern your participation in any assessment and are the complete and exclusive agreement between you and us as it relates to any assessment. These Terms supersede any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of these Terms. These Terms, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and us.
These Terms are in addition to any separate agreements, consents, authorizations, releases or other documents (“other agreements”) that you may enter into with us regarding any other service we provide in addition to our Services. Unless otherwise specified in any other agreement that you enter into with us for other of our services, these Terms will control over any of those other agreements with respect to the Services.
We will not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a waiver of any rights or remedies on future occasions.
Unless we have indicated in these Terms that you may contact Gloo at email@example.com, any notices you are required or allowed to provide to Gloo under these Terms will be provided to Gloo at: Gloo, LLC, 831 Pearl Street, Boulder, Colorado, 80302. Please mark all communications “Re: Interactive Services” and do not send us personally identifiable information by email. Notices provided to us will be deemed given when actually received by us.
We may provide you with notices or other communicate electronically by providing those notices or communications through your account or via email or text message to any email address or phone number you provide to us when registering for an account or participating in any assessment. You agree that all notices and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. Your consent to receive communications electronically is valid until you revoke your consent notifying us of your decision to do so by contacting Gloo at firstname.lastname@example.org (with the subject: “Re: Interactive Services”). If you revoke your consent to receive communications electronically, we may terminate your right to use your account and use the Services. Notices we provide to you will be deemed given 24 hours after we provide such notice through your account or sending via e-mail or text.
The Services and technology are subject to U.S. export controls. The Services and technology may not be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) any country subject to U.S. sanctions applicable to the export or re-export of goods; or (2) to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List, or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List, or Nonproliferation Sanctions List. By participating in any assessment or accessing your account, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you acknowledge you are responsible to obtain any necessary U.S. government authorization to ensure compliance with U.S. law.
Further, you agree that you are not a person barred from participating in any assessment or accessing or using any technology under the laws of the United States or other countries including the country in which you are resident or from which you use the Services or access or use the technology.
These Terms do not create any third-party beneficiary rights.
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
Neither these Terms nor any of your rights or obligations hereunder may be assigned or transferred by you (in whole or in part and including by sale, merger, consolidation, or other operation of law) without the prior written approval of Gloo. Any assignment in violation of the foregoing will be null and void. Gloo may assign these Terms to any party that assumes Gloo’s obligations hereunder.
The parties hereto are independent parties, not agents, employees or employers of the other or joint venturers, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other.