HC7 Standard
Participant Terms
These Standard Participant Terms are incorporated by reference into the HC7 Participant Consent Agreement you signed (the "Agreement"). Capitalized terms have the meanings given in the Agreement. If there is any conflict between these terms and the signed Agreement, the Agreement controls.
Entire agreement
The signed Agreement, the consents obtained within the survey, and these Standard Participant Terms together are the entire agreement between you and idealis regarding HC7, and they supersede all prior or contemporaneous understandings, representations, and communications, whether written or oral.
Acceptable use
You agree to use HC7 only for lawful purposes and only as permitted by the Agreement and these terms. You will not attempt to access HC7 without authorization, interfere with or disrupt its operation or security, use automated means to access or extract data from it, or use it to infringe the rights of others or to violate any applicable law. This is in addition to the intellectual property and confidentiality restrictions in the Agreement.
Service availability and changes
HC7 is provided on an "as available" basis. idealis does not guarantee that HC7 will be uninterrupted or error-free, and idealis may modify, suspend, or discontinue any part of HC7 at any time. Where a change materially affects your use, idealis will make reasonable efforts to provide notice. If you purchased access to HC7, you will have up to 60 days to complete your assessment and receive your report.
Suspension and termination
idealis may suspend or terminate your access to HC7 if you breach the Agreement or these terms, or if idealis reasonably believes your use creates a risk to HC7 or to others. On termination, the provisions intended to survive will continue to apply.
Fees and refunds
If HC7 is provided to you at no charge, no fees or refunds apply. If you purchased access to HC7, idealis will refund your purchase if you request it within 60 days and have not yet started the assessment. All fees are non-refundable once you have started the assessment, except where a refund is required by applicable law. To request a refund where one is available, contact hello@idealisadvisory.com. Nothing in this section limits any non-waivable refund, cancellation, or withdrawal right you have under the consumer laws of your country or state.
Severability and reformation
If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable and to reflect the parties' intent. If it cannot be modified, it will be severed, and the remaining provisions will remain in full force and effect.
Survival
Any provision that by its nature should survive will survive termination of this agreement or your withdrawal of consent, including the intellectual property, confidentiality, license, limitation of liability, governing law, and dispute-resolution provisions of the Agreement.
No waiver
idealis's failure to enforce any provision is not a waiver of its right to enforce that provision later. A waiver is effective only if it is in writing and signed by idealis, and it applies only to the specific instance identified.
Assignment
idealis may assign or transfer the Agreement and these terms, in whole or in part, including to a successor or acquirer in connection with a merger, reorganization, or sale of assets. You may not assign or transfer your rights or obligations without idealis's prior written consent, and any attempted assignment in violation of this section is void.
Third-party services
HC7 may link to or rely on third-party services. idealis is not responsible for third-party services and does not endorse them, and your use of them is governed by their own terms.
Force majeure
idealis is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, outages, network or service-provider failures, or governmental action.
United States service and international access
HC7 is operated by idealis from the United States. It is intended for participants in the locations where idealis makes it available and is not directed to any jurisdiction where providing or using it would be unlawful. If you access HC7 from outside the United States, you do so on your own initiative and are responsible for complying with the laws of your location. You also agree to comply with all applicable United States export control and sanctions laws, and you represent that you are not located in, and will not use HC7 in or for the benefit of, any country or party subject to United States sanctions or export restrictions. The data-protection commitments in the Agreement continue to apply to participants in the EEA and the United Kingdom.
Informal resolution first
Before starting any proceeding, you agree to contact idealis at hello@idealisadvisory.com and allow 30 days for the parties to try to resolve the matter.
Jury waiver and time to bring a claim
To the extent permitted by applicable law, each party waives any right to a jury trial, and any claim arising out of or relating to HC7 or this agreement must be brought within one year after the claim arises.
Costs of enforcement
If idealis prevails in any proceeding to enforce its intellectual property or confidentiality rights under this agreement, you agree to pay its reasonable attorneys' fees and costs.
Feedback
If you give idealis any feedback, ideas, or suggestions about HC7, you grant idealis a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose, without restriction and without any obligation to you.
Independent development; no implied license
Except for the limited right to take the assessment for your personal use, neither these terms nor the Agreement grants you any license or other right in HC7 or its materials. idealis does not claim ownership of ideas, methods, systems, or processes, which are not protected by copyright; its rights are in its own expression and materials, including the specific wording of its questions and items and its reports.
No third-party beneficiaries; relationship of the parties
These terms do not create any third-party beneficiary rights. Nothing in the Agreement or these terms creates any partnership, joint venture, agency, or employment relationship between you and idealis.
Changes to these terms
idealis may update these Standard Participant Terms from time to time by posting a revised version at the same location. Material changes will be communicated to you, and where consent is legally required, idealis will obtain fresh consent before those changes apply to your data.
Interpretation
Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation." The singular includes the plural and the reverse.
Notices
You may send notices to idealis at hello@idealisadvisory.com. idealis may give you notices by email to the address you provided or by posting within HC7.
Contact
Questions about these terms may be directed to hello@idealisadvisory.com.
Questions about this policy?
We'd rather hear from you than have you guess.
hello@idealisadvisory.com