Please read these Terms of Use ("Terms") carefully as they apply to your access to and use of any of our services, including the website at www.performance-protocol.com and all associated web pages ("Sites") and any application, content, software, product, program, widget, short-code campaign, or other online or mobile resource that links to or references these Terms (collectively, "Services"), provided by Hundred Public Safety, Inc., d/b/a Performance Protocol, its subsidiaries and affiliates ("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 become effective on the date they are posted. Your continued use of any portion of the Services after changes have been posted will 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 ("Supplemental Terms"). Any Supplemental Terms become part of your agreement with us if you use the applicable Services, 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, and (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, Performance Protocol grants 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.
You may be required to register an account to use the Service or certain features. Each registration is for a single natural person only, unless otherwise expressly agreed by Performance Protocol. You agree to treat your access credentials as confidential and not to disclose them to any third party without our prior express written consent. You must immediately notify us 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 to comply with these obligations. You represent and warrant that the information you submit for registration is complete, true, accurate, and current, and you must promptly update it. We reserve the right to suspend, terminate, or discontinue your account or pending registration if we have reasonable grounds to suspect that any information you submitted is untrue, inaccurate, not current, or incomplete, or that your account or use of the Service violates applicable law or these Terms.
Performance Protocol may send emails or other electronic messages to you concerning your use of the Service, including alerts or notifications within the Service. You consent to receive such electronic communications and agree that they 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. Your use of a keypad, mouse, or other device to select an item, button, or icon — or to otherwise provide an agreement, acknowledgment, consent, disclosure, or condition — constitutes your signature ("E-Signature"), acceptance, and agreement as if actually signed by you in writing. No certification authority or third-party verification is necessary to validate your E-Signature. Each use of your E-Signature in obtaining an account constitutes your agreement to be bound by the terms of these Terms and our 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 information, content, links, files, or other materials ("Submissions"). You grant 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: (i) operation of the Service; (ii) development, promotion, marketing, and implementation of our products, services, programs, and events; (iii) research, development, training of personnel and systems (including AI and machine learning), and other business operations; and (iv) any other lawful purpose. This license survives termination of your account or these Terms.
You agree that you will not upload, post, display, or transmit any Submission that:
Performance Protocol may screen, review, edit, moderate, or monitor your Submissions at its discretion, but has no obligation to do so, and is not responsible for the quality, content, accuracy, legality, or effectiveness of any Submissions. By providing a Submission, you represent and warrant that you possess all legal rights required, that each Submission complies with all applicable laws, and that your Submissions do not infringe, misappropriate, or violate the rights of any third party.
If you downloaded our mobile app through Apple's App Store, you acknowledge that these Terms are between you and Performance Protocol, and that Apple bears no responsibility for the Service or its content. The license is a non-transferable license to use the Service on Apple-branded products you own or control, as permitted by these Terms and the Apple Media Services Terms and Conditions. Apple has no obligation to furnish maintenance or support. In the event of any failure of the app to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); Apple has no other warranty obligation. Apple is not responsible for addressing claims relating to the Service, including product liability, regulatory conformity, or consumer-protection claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
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, all references to "you" will include that person or entity, you represent that you are authorized to accept these Terms on their behalf, and they agree to be responsible to us for any violation. Children under 18 may not use the Services, and parents or guardians may not agree to these Terms on their behalf.
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.
Performance Protocol reserves the right to modify, improve, or discontinue any portion of the Services at our sole discretion and without notice, even if doing so prevents you from accessing the Services. We shall not be liable for any damages arising from such modification, discontinuation, or restriction.
By using the Services you agree that we are not responsible for the content of an employer's application, requirements, messages, screener questions, skills assessments, benefit programs, payroll practices, or company policies, and that we do not guarantee receipt of your application by the employer or your receipt of messages from the employer. Employers are solely responsible for compliance with all applicable laws, including the Fair Credit Reporting Act, anti-discrimination laws such as Title VII, the ADEA, and the ADA, and applicable data-protection laws. Employers are responsible for offering alternative methods of screening if required by the ADA or similar law.
Electronic Signature Functionality. The Service may allow employers to request you sign documents electronically. When you sign a document using our Service, you affirmatively consent to using electronic signatures and to conducting electronic transactions; your consent applies only to the matters covered by that particular document. If you choose not to use the electronic signature Service, you must request a non-electronic copy from the employer for manual execution. When parties sign a document electronically, the rights and obligations are solely those of the parties; Performance Protocol is not a party to the document and carries no liability for its correctness, validity, or enforcement, and is responsible only for the provision of the electronic signature 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. We may, in our sole discretion and without notice or liability, modify, suspend, restrict, or discontinue all or any part of the Services. You acknowledge that you are not entitled to any credits, refunds, or compensation for service interruptions or downtime.
1. Overview. The Services may include professional coaching services ("Coaching Services") delivered through video sessions, messaging, phone calls, and other digital tools, including professional development, leadership, and wellness coaching. COACHING SERVICES ARE NOT THERAPY, COUNSELING, MENTAL HEALTH TREATMENT, OR A SUBSTITUTE FOR LICENSED CLINICAL CARE. They are professional development and performance enhancement services only. If you require mental health treatment, therapy, or medical care, you must seek services from appropriately licensed healthcare professionals. All coaches ("Coaches") are independent contractors and are not employees, agents, or representatives of Performance Protocol, and we make no warranties regarding their qualifications, competence, or performance.
2. Communication Consent. By using Coaching Services, you consent to receive them remotely through telecommunications technology, and you acknowledge the inherent limitations of virtual coaching, including the lack of physical presence, potential technology failures, connectivity issues, and security risks. You are solely responsible for ensuring you are in a private, appropriate, and secure environment for sessions. PERFORMANCE PROTOCOL IS NOT LIABLE FOR ANY TECHNOLOGICAL FAILURES, CONNECTIVITY ISSUES, PLATFORM MALFUNCTIONS, OR OTHER TECHNICAL PROBLEMS AFFECTING THE DELIVERY OR QUALITY OF COACHING SERVICES.
3. Emergency and Crisis Disclaimers. COACHING SERVICES ARE NOT AN EMERGENCY SERVICE AND ARE NOT EQUIPPED TO HANDLE MENTAL HEALTH EMERGENCIES OR CRISIS SITUATIONS. If you are experiencing a mental health emergency or are in immediate danger, DO NOT use the Coaching Services — immediately call 911, go to your nearest emergency room, or contact the 988 Suicide & Crisis Lifeline. If a Coach reasonably believes you pose an imminent threat of harm to yourself or others, the Coach may, without your further consent, contact emergency services, law enforcement, or your designated emergency contact.
4. Coach Matching and Switching. We will use commercially reasonable efforts to match you with a Coach based on availability, specialization, and your stated preferences, but we DO NOT GUARANTEE ANY PARTICULAR COACH ASSIGNMENT and may assign or reassign Coaches in our sole discretion. You may request to switch Coaches at any time, subject to availability and our approval. No refunds, credits, or other compensation will be provided for switching Coaches or reassignments.
5. Session Policies. All coaching sessions must be cancelled at least twenty-four (24) hours in advance. Late Cancellations may result in forfeiture of the session or a cancellation fee, at our discretion. A No-Show will be treated as a completed session for billing and usage purposes on credit-based billing models and is non-refundable and non-creditable. We reserve the right to terminate access for repeated Late Cancellations or No-Shows.
6. Confidentiality. PERFORMANCE PROTOCOL DOES NOT GUARANTEE THE CONFIDENTIALITY OR SECURITY OF ANY COMMUNICATIONS TRANSMITTED THROUGH THE SERVICE. Coaches may disclose information without your consent when: (a) there is an imminent threat of harm to yourself or others, or you disclose the commission of or intent to commit a crime; (b) there is suspected child abuse or neglect; (c) there is suspected elder abuse or abuse of a vulnerable adult; (d) disclosure is required by court order or other legal requirement; (e) disclosure is necessary to protect Performance Protocol's legal rights, enforce these Terms, or support its business operations; or (f) you provide written consent. We may use de-identified and aggregated data from Coaching Services for any lawful business purpose and own all such data. Employer clients may receive aggregated utilization statistics but will not receive individual session content, recordings, or personally identifiable information about specific sessions without your separate written consent or as required by law.
In addition to other restrictions in these Terms, you agree you will not, and will not permit, assist, 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:
We have the right to investigate suspicious activity and may cooperate with law enforcement in prosecuting users involved in unlawful activity.
The Services, including the text, graphics, images, photographs, videos, illustrations, interfaces, software, computer code, data, documentation, and other content, and all intellectual property rights in the foregoing, are the exclusive property of Performance Protocol or our licensors and are protected under domestic and foreign laws. Except as explicitly stated, all rights in and to the Services are reserved. Subject to your compliance with these Terms, you are granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal use. Any use other than as authorized, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
Our logos, product or service names, slogans, and the look and feel of the Sites are trademarks of Performance Protocol and may not be copied, imitated, or used, in whole or in part, except with our express written permission. All other trademarks, product names, and company names or logos mentioned on the Sites are the property of their respective owners. Nothing in these Terms grants you any rights in those third-party marks without the third party's consent.
We respect the intellectual property of others and ask that you do the same. We have adopted a policy providing for the removal of infringing materials and, in appropriate circumstances, termination of repeat infringers. If you believe a user is unlawfully infringing your copyright, please provide our designated Copyright Agent with a written notification (pursuant to 17 U.S.C. § 512(c)) including:
Pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification subjects the complaining party to liability for damages, costs, and attorneys' fees.
You may use our Services to communicate with us or our clients through SMS technology. When you opt in, we will send an SMS to confirm your signup. You can cancel at any time by texting "STOP" to the toll-free number, after which we will confirm you have been unsubscribed. Text "HELP" for instructions on how to use the service and how to unsubscribe. SMS messaging is not available on all carriers, and carrier participation could change. Our text messages are sent via toll-free numbers through third-party providers (such as Telnyx). Neither Performance Protocol nor the carriers are liable for delayed or undelivered messages. Message and data rates may apply, and message frequency may vary.
You may voluntarily submit questions, comments, suggestions, ideas, or other information about us or our Services ("Feedback"). We may use Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to improve the Services or develop new products or services. We will exclusively own all improvements or new products or services based on any Feedback, and we may treat Feedback as nonconfidential.
We may provide information about or links to third-party products, content, employment opportunities, services, activities, or events ("Third-Party Content"). We do not control or endorse any Third-Party Content and make no representations or warranties regarding its accuracy, validity, timeliness, completeness, reliability, quality, legality, usefulness, or safety. Your access to and use of Third-Party Content is at your own risk and may be subject to additional terms. Your use of any third-party feature, tool, application, or API is conditioned on your acceptance of all applicable third-party terms, which operate in addition to these Terms.
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 our sole discretion and for any reason. Your obligations under these Terms will survive any such termination. Performance Protocol shall not be liable for any damages arising from the suspension or termination of your access, or from any modification, discontinuation, or restriction of the Services.
If you are a consumer who resides in California, you 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 ("Promotions") made available through the Services may be governed by separate rules. If you participate, please review the applicable rules and our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.
Please read the following arbitration agreement (the "Arbitration Agreement") carefully. It requires you to arbitrate disputes with us and limits the way you can seek relief.
a. Applicability. Any dispute, claim, or controversy arising out of or relating to these Terms or their breach, termination, enforcement, interpretation, or validity (a "Dispute") that cannot be resolved informally shall be resolved by binding arbitration on an individual basis. Notwithstanding the foregoing, in the event of any actual or threatened violation of confidentiality or of Performance Protocol's intellectual property or proprietary rights, we may immediately seek injunctive relief in a court of competent jurisdiction without posting a bond.
b. Informal Resolution. Before either party commences arbitration (or initiates a small-claims action), the parties will personally meet and confer telephonically or via videoconference in a good-faith effort to resolve the Dispute informally.
c. Rules and Forum. The arbitration will be administered by the American Arbitration Association ("AAA") before a single arbitrator selected pursuant to the AAA rules. The decision will be final and binding and may be enforced in any court of competent jurisdiction. Unless otherwise required, the parties shall share equally in the arbitrator's fees and AAA filing fees, and each party shall bear its own attorneys' fees and costs. Any arbitration may not be consolidated or joined with any other proceeding and will not proceed as a class action.
d. Place. The place of arbitration shall be Phoenix, Arizona, unless otherwise agreed in writing. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. All filings, orders, judgments, and awards in any arbitration 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.
f. Time Limitation. Unless otherwise required by law, you must initiate arbitration within one (1) year after any Dispute arose; otherwise the Dispute is permanently barred. This limitation 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. If this provision is found unenforceable, the entirety of this Arbitration Agreement shall be null and void.
h. Waiver of Jury Trial. EXCEPT AS SPECIFIED IN SECTION 20(a), YOU WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY, ELECTING INSTEAD THAT ALL COVERED CLAIMS BE RESOLVED EXCLUSIVELY BY ARBITRATION.
Any dispute arising from these Terms and your use of the Services will be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict-of-law rules. If any dispute is not subject to arbitration, the state and federal courts located in Phoenix, Arizona will have exclusive jurisdiction, and you waive any objection to venue in those courts.
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 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) 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. The provisions concerning 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.
For contractual purposes, you (a) consent to receive communications from Performance Protocol in electronic form, and (b) agree that all terms, agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in 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 is deemed severable and does not affect the validity of any remaining provisions. Our failure to exercise or enforce any right or provision 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. You represent, warrant, and covenant that you are not (1) located in, or a resident or 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 related to the 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, and understandings. Section titles are for convenience only. "Including" will be interpreted to mean "including without limitation." Except as otherwise provided, these Terms are intended solely for the benefit of the parties and do not confer third-party beneficiary rights. You agree that communications and transactions between us may be conducted electronically; note that email communications are not necessarily secure.
Performance Protocol shall not be liable for any failure or delay in performance resulting from circumstances beyond its reasonable control, including acts of God; natural disasters; epidemics or pandemics; war, armed conflict, or terrorism; civil unrest; government actions or sanctions; labor disputes or strikes; cyber attacks or data breaches; failures of internet, telecommunications, or other infrastructure; failures of third-party providers; power outages; supplier failures; or transportation delays (each a "Force Majeure Event"). Force Majeure Events shall not excuse, delay, or suspend your obligations, including payment and confidentiality obligations.
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 or your consent, including in connection with any merger, acquisition, reorganization, or sale of assets. You may not assign, transfer, novate, or delegate any of your rights or obligations without our prior written consent, which may be withheld in our sole discretion. Any attempted assignment in violation of this Section is null and void.
The termination or expiration of these Terms shall not affect any accrued rights or obligations. The following provisions survive termination or expiration: Submissions, Coaching Services, Ownership, Trademarks, Copyright Policy, Feedback, Indemnification, Warranty Disclaimer, Limitation of Liability, Release, Dispute Resolution, Governing Law, Force Majeure, Assignment, and any other provision that by its nature is intended to survive. Your payment obligations for Services already rendered shall survive termination for any reason.
Please direct any questions, concerns, or suggestions regarding these Terms — including to report any violations — to us at:
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