SITE TERMS AND CONDITIONS
Last Updated November 27, 2020

Humanry Inc. (“Humanry”) is a business assessment publisher, training, and consulting firm that creates products and provides services, including its websites, leadership self-assessments and related reports, coaching, training, and consulting services (collectively “Services”).

Using Humanry Services means you are subject to these Terms and Conditions. By accepting Humanry Services, you agree to these Terms and Conditions. You indicate your agreement to be bound by these Terms and Conditions by clicking a check box or button indicating your acceptance of these Terms and Conditions, by executing a document that references them, or by using the Services.

If you are using Humanry’s Services on behalf of an organization, you agree to these Terms on behalf of that organization and affirm that you have are authorized to do so. If you are acting on behalf of your organization, “you” and “your” will refer to that organization.

Additional service terms may apply to individual Services (i.e., 2021 Remote Leadership Assessment, 2021 Remote Leadership Self-Assessment and Walk-Through, ROLA (Remote Organizational Leadership Assessment), Remote EQ-U Training Platform, Consults and/or Coaching with Humanry experts), and you will also be subject to the terms, guidelines, and conditions applicable to those Humanry Services (“Product Terms”). If these Terms and Conditions are inconsistent with the Product Terms, the Product Terms prevail.  

You can view a full list of Humanry’s Policies and Terms on our About Page. All of the policies contained on the Policy Page may be referred to collectively as our “Terms and Conditions,” and become part of your agreement with Humanry if you use the Services referenced therein.

If a separate agreement is entered into by you and Humanry, (i.e., for partnership or referral agreements, training or consulting services, or coaching, etc.), any conflict between the new agreement and these Terms  and Conditions shall be resolved in favor of the new agreement. If the new agreement does not address access to and use of Humanry’s Services as described herein, these Terms and Conditions shall apply to such access and use.

Humanry reserves the right, at its sole discretion, to change, modify, add or remove parts of these Terms and Conditions at any time. All changes are effective immediately when posted. Humanry will notify you when any material changes, modifications or additions to these Terms and Conditions or Product Terms are made.

Your continued use of Humanry services means that you accept and agree to these changes. You will be subject to the Terms and Conditions in force at the time that you use Humanry Services. If any of these Terms and Conditions are found to be invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not be part of this Agreement.


1. PRIVACY
 

Humanry’s Privacy Policy, together with any Product Terms, and these Terms and Conditions, govern your use of Humanry services, and detail how we treat, use, and share your Content.
 

You in turn agree that Humanry may use and share your Content in accordance with the Humanry privacy policy and applicable data protection laws.

2. USER CONTENT

You grant Humanry a worldwide, perpetual, royalty-free, non-exclusive right and license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content for the limited purposes of providing the Services to you and as otherwise permitted by Humanry’s Terms and Conditions.

This license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content, and any residual backup copies of your Content made in the ordinary course of Humanry’s business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you.

If you provide Humanry with feedback to us about the Services, we may use and share your feedback without any obligation or compensation to you.

Humanry may identify you (by name and logo) as a customer on our website and on other promotional materials.

3. CONFIDENTIALITY

Humanry will treat your Content as confidential information and only use and disclose it in accordance with these Terms and Conditions, which include Humanry’s Privacy Policy and Product Terms.

If you and Humanry exchange confidential information during the delivery of Services, the disclosing party shall retain all rights to its confidential information. The receiving party will take every reasonable measure to protect and prevent the unauthorized disclosure of the confidential information as they would their own.

4. INTELLECTUAL PROPERTY
 

You acknowledge that you do not acquire any ownership rights of the Services by downloading copyrighted material, including but not limited to the personalized reports generated by Humanry assessments.

These Terms and Conditions do not grant you any right to use Humanry’s trademarks or other brand elements.  Any use of “Humanry” or any other Humanry trademark shall require the prior written consent of Humanry.

You agree not to reproduce, duplicate, copy, sell, resell, publish, or commercially exploit any portion of the Services, use of Services, or access to the Services without express written permission written from Humanry.

Humanry websites contain copyrighted material, trademarks and proprietary research. The entire contents of Humanry websites are copyrighted as a collective work under United States and international copyright, authors' rights and database right laws. All rights reserved. Accordingly, international and domestic laws and penalties guaranteeing patent, copyright, trademark and trade secret protection safeguard the ideas, concepts, and recommendations related within this site.


5. HUMANRY INSIGHTS, ARTICLES AND REPORTS

Humanry insights, reports, news articles, and infographics may only be downloaded for your personal use. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Any references to Humanry articles, reports and graphs, in whole or in part, on any webpages must provide a link back to the original content in its entirety. Except as expressly provided herein, the transmission of this content shall not be construed to grant a license of any type under any copyright or trademarks owned or controlled by Humanry.

To request web posting, reprint, or licensing requests for Humanry material, or if you wish to reproduce Humanry content in a manner not addressed in this section please email Linda Schwan: linda@humanry.com

6. DCMA NOTICES

We respect and value copyright and the intellectual property of others; we fully expect our partners and clients to do the same. Humanry responds to notices of alleged copyright infringement in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512 (DCMA). If you allege that your intellectually property has been improperly copied, please provide Humanry’s Copyright Agent the following information:

  • A description of the copyrighted work, including the URL where this infringing content is available, or a copy of it;
     

  • A statement in "good faith belief" that the work is not authorized by the copyright owner;
     

  • A statement that the information included in the notification (all the above information) is accurate and that the person sending the notice is either the copyright owner or authorized to act on the copyright owner's behalf
     

  • The contact details of the person submitting the notice: email address, phone number and physical address
     

  • An electronic or physical signature of the copyrighted work owner (or authorized person)
     

This information may be sent to:

Attn: Copyright Agent

Humanry, Inc.
16192 Coastal Highway
Lewes, Delaware 19958 USA
linda@humanry.com

7. YOUR ACCOUNT

If you have been issued a Humanry account in connection with the Services, you are responsible for safeguarding your password, maintaining confidentiality of your account, and protecting any other credentials used to access that account. Humanry is not liable for any loss or damage arising from your failure to protect your password or account information.

You, and not Humanry, are responsible for any activity occurring in your account. You may not use the Humanry Site, or any Humanry Site content for any unlawful purpose. If you become aware of any unauthorized access to your account, you agree to immediately notify Humanry. Accounts may not be shared and may only be used by one individual per account.

8. USER CONDUCT


If you are an individual, you may only use the Services if you have the power to enter into a contract with Humanry. If you do not have the power to form a contract, you may not use the Services.

If you are using Humanry’s Services on behalf of an organization, you warrant that you have full power and authority to enter into these Terms, and that you bind that organization to these Terms.

None of the Services are intended for use by Minors. If you are a Minor in your place of residence, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.

Humanry’s sites may contain comments sections, discussion forums, or other interactive features ("Interactive Areas") in which you may post or upload user-generated content, including but not limited to comments, video, photos, messages, other materials or items (collectively, "User Content"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk.

PROHIBITED USER CONTENT:

You agree not to upload, e-mail, post or otherwise transmit any User Content that:

  • Defames, harasses, stalks, threatens, harms or in any way infringes upon the rights of others
     

  • Violates any law, discusses illegal activities with the intent to commit such activities, or advocates or provides instruction on dangerous, illegal, or predatory acts
     

  • Probes, scans, or tests the vulnerability of any system or network, interferes with or disrupts any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any other user or part of Humanry’s websites, or breaching or otherwise circumventing security measures
     

  • Advertises, contains promotional materials, or any form of commercial solicitation.
     

  • Infringes or misappropriates another’s intellectual property rights, including, but not limited to, copyrights, trademarks, right of publicity, or trade secrets.
     

  • You do not have the right to disclose under contractual confidentiality obligations or fiduciary duties, or that you know to be false, misleading or inaccurate.
     

  • Contains obscene (i.e., pornographic) language or images.
     

You further agree that you will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of Humanry’s Sites, use of the Sites, or access to the Sites.

Humanry does not vouch for the accuracy or credibility of any User Content, and does not assume any liability or take any responsibility or for any actions you may take as a result of reading User Content posted on the Site. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.

Humanry reserves the right in its sole discretion to remove or edit User Content by you and to terminate Your Account for any reason.

User Content submitted by you will be treated as non-confidential.

10. DISCLAIMERS AND WARRANTIES

The services and any guidance or recommendations herein are provided “as is.” Humanry does not make warranties of any kind, express, implied, or statutory, including those of merchantability, fitness for a particular purpose, and non-infringement of proprietary of third party rights or any representations regarding availability, reliability, or accuracy of the services.

Humanry is dedicated to providing uninterrupted, error-free services. However, due to the nature of electronic data transmission, this cannot be guaranteed. Also, repairs, maintenance, or introduction of new services may occasionally suspend or restrict your access to Humanry, though we attempt to limit the frequency and duration of any interruption to Humanry services, products, and/or websites.

11. EXCLUSION OF LIABILITY

Humanry, its affiliates, subsidiaries, officers, employees, suppliers, agents, and licensors will not be liable for:

(a) any direct, indirect, consequential, special, incidental, punitive, or exemplary damages that result from the use of Humanry whatsoever;

(b) direct or indirect loss of use, data, business, revenues, profits, contracts, anticipated savings, data, goodwill, or wasted expenditure arising out of or in connection with the services or the inability to use Humanry materials, products, services, or websites;
 

(c) any defamatory, offensive, or illegal conduct of any user;

(d) losses that were not caused by any breach on our part;

(e) any indirect or consequential losses that were not foreseeable to either Humanry nor you when you began using Humanry services or websites.

12. LIMITATIONS OF LIABILITY

To the extent permitted by law, the aggregate liability of each of Humanry, its affiliates, subsidiaries, officers, employees, suppliers, agents, and licensors arising out of or in connection with the services and these terms will not exceed the lesser of:

 

(1) the amounts paid by you to Humanry for use of the services at issue during the 12-months prior to the event giving rise to liability; and

 

(2) US $200.

 

If you are dissatisfied with any Humanry material, products, or services or with any of Humanry's Terms and Conditions, your sole and exclusive remedy is to discontinue using the Humanry services.

13. APPLICABLE LAW

These Terms and Conditions are governed by and construed in accordance with the laws of Delaware. The parties (You and Humanry) submit to the exclusive jurisdiction of the courts of Delaware over any dispute or non-contractual obligation arising out of or relating to this Site Terms and Conditions and other agreements.

14. ARBITRATION 

In the event of any dispute, claim, question or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, disputes, claims, questions, or disagreements shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its commercial dispute resolution rules, unless You are a government agency or political subdivision in a State or jurisdiction for which binding arbitration is expressly not allowed by law.

15. INDEMNIFICATION

You agree to indemnify and hold Humanry, its officers, directors, shareholders, predecessors in interest, successor in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Humanry by any third party arising out of or relating to your violation of the Terms and Conditions and Sale or your use of Humanry Sites, including, but not limited to, use of these Sites' content, services and products other than as expressly authorized in these Site Terms of Use and Sale.

16. TERMINATION

You may terminate your Humanry account by discontinuing use of Humanry Sites. Humanry may cancel or discontinue its offerings without notice. The restrictions, disclaimers and limitations of liabilities set forth herein shall survive such cancellation or termination, including but not limited to trademark and copyright protections. Humanry shall have the right to immediately terminate Your Account in its sole discretion if any conduct by you is found by Humanry to be in breach of these Terms and Conditions.

17. HUMANRY CONTACT INFORMATION:

Humanry, Inc.
16192 Coastal Highway
Lewes, Delaware 19958 USA
linda@humanry.com
USA (toll-free) 1-888-444-2468 Ext. 704
Worldwide    +1-864-432-2468 Ext. 704