Terms Of Use Agreement

H-IQ (Hunter Imagination Questionnaire) was developed to increase understanding of imagination and how it leads creativity. By engaging in H-IQ, you are learning about and evaluating your own imagination. In the process, you are contributing information that aids further research into the imagination. Generally speaking, Hunter Higgs collects information primarily to generate data for scientific research. Data collected for research purposes are used in the aggregate to preserve user anonymity. More information regarding Hunter Higgs’ practices and policy with respect to use and collection of information and data can be found in Hunter Higgs’ Privacy Policy.

This Terms of Use Agreement sets forth the standards of use of the websites and online services owned and operated by Hunter Higgs LLC (“Hunter Higgs”), including the hunter-iq.com and hunterimagination.com websites (the “Sites”) and the services provided via the Sites (the “Services”). By using the Sites and/or Services you (“the User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should not use the Sites or Services. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on our Sites. Your continued use of the Sites and/or Services after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.

  1. Description of Sites and Services

    Hunter Higgs provides an online assessment of individual imagination and creativity through a series of online sessions (the Test). The Test consists of written responses to prompts and a self-evaluation. After completing the sessions and evaluation, Users will receive assessment scores.

  2. Membership and Registration

    The basic Sites and some content is provided free to Users who visit the Sites. However, certain enhanced features may only be available to registered or paid Users of the Sites.

  3. Rules, Responsibilities and Obligations
    Users agree to not use the Services and/or Sites to:
    1. upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another`s privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. harm minors in any way;
    3. impersonate any person or entity or falsely state or otherwise misrepresent User`s affiliation with a person or entity;
    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services and/or Sites;
    5. upload, post, email or otherwise transmit any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    6. upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
    7. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as a marketplace or classifieds) that are designated for promotional purpose;
    8. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    9. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; or
    10. interfere with or disrupt the Services and/or Sites or servers or networks connected to the Services and/or Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Services and/or Sites.

    Hunter Higgs reserves to right to discontinue access of any User who fails to comply with these terms.

  4. Release and Waiver of Rights

    You release Hunter Higgs and expressly waive any and all claims against Hunter Higgs that may arise from your use of the Services and/or Sites. Specifically, without limitation, by uploading, submitting or posting content using the Services and/or on the Sites, you release Hunter Higgs and expressly waive all claims against Hunter Higgs arising from or relating to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, moral rights, or any other rights under any applicable laws that may arise from your use of the Services and/or Sites.

  5. Communications from Hunter Higgs

    The User agrees to allow Hunter Higgs to send information to Users regarding the Sites and Services from time to time, including communications via email. This information may include Test assessments and scores, and may also include communications relating to Hunter Higgs and its products or services. At any time the User may opt out of receiving such information by contacting Hunter Higgs at Hunter Higgs, LLC 249 Elm Street, Ste. 2-3 Somerville, MA 02144. For more information on Hunter Higgs’s use of User information, please read Hunter Higgs’s Privacy Policy.

  6. Third-Party Sites

    Our Sites and Services may include links to other Sites on the Internet that are owned and operated by third parties. Users acknowledge that Hunter Higgs is not responsible for the availability of, or the content located on or through, any third-party Sites. Users should contact the administrator or webmaster for those third-party Sites if Users have any concerns regarding the content located on such Sites. Hunter Higgs encourages all Users to review terms of use and privacy policies of third-parties sites.

  7. Modifications and Interruption to Services or Sites

    Users acknowledge and accept that Hunter Higgs does not guarantee continuous, uninterrupted or secure access to the Services or Sites and operation of our Sites or Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control. Hunter Higgs shall not be liable to a User or any third party for any modifications, interruptions, outages, downtimes or disruptions to the Services.

    Hunter Higgs reserves the right to modify or discontinue the Services and/or Sites at any time.

  8. Disclaimer of Warranties

    THE SERVICES AND SITES ARE PROVIDED BY HUNTER HIGGS ON AN `AS IS` AND ON AN `AS AVAILABLE` BASIS, HUNTER HIGGS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE SERVICES AND SITES IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. HUNTER HIGGS SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE SITES OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HUNTER HIGGS DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE THE ABOVE-REFERENCED EXCLUSIONS MAY BE INAPPLICABLE TO SOME USERS.

    HUNTER HIGGS DOES NOT WARRANT THAT ITS SITES OR SERVICES WILL OPERATE ERROR-FREE OR THAT ITS SERVICE, WEBSITES AND SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF THE USER'S USE OF THE SITES OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, HUNTER HIGGS IS NOT RESPONSIBLE FOR THOSE COSTS.

  9. Limitation of Liability

    HUNTER HIGGS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR HUNTER HIGGS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITES, THE SERVICES OR THE INFORMATION CONTAINED IN THE SITES OR THE SERVICES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF HUNTER HIGGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.

  10. Indemnification

    Users hereby release and waive all claims against Hunter Higgs with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the applicable laws.

    Users agree to indemnify and hold Hunter Higgs, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys` fees and costs, made by any third party due to or arising out of a User`s use of the Services or Sites, the violation of this Agreement, or infringement by a User, or other User of the Services or Sites using a User’s Hunter Higgs privilege of access and use, of any intellectual property or any other right of any person or entity.

  11. Governing Jurisdiction of the Laws of Massachusetts

    These Terms of Use are governed by the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law rules. We make no representation that our Sites or Services are appropriate, legal or available for use in locations outside of the United States. Accordingly, if you choose to access our Sites and/or use the Services or Product you agree to do so subject to the laws of Massachusetts and the United States.

  12. Intellectual Property

    All content included or available on the Sites or within the Services, including the Test, site design, text, graphics, interfaces, and the selection and arrangement thereof is the property of Hunter Higgs and/or third parties and is protected by intellectual property rights. Any use of materials on the Sites or within the Services, including reproduction or copying of the Test or any other content on the Sites for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Hunter Higgs is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy the Services, the Sites or any portion thereof.

    Users and/or any other author under applicable law retain all rights in and to the ideas, comments, notes and responses that are provided or submitted within the H-IQ. Users expressly grant Hunter Higgs the right to use, display, distribute, and reproduce such material to facilitate and provide the assessment and consistent with the purpose and terms of these Terms of Use.

    HUNTER IQ and H-IQ are trademarks of Hunter Higgs LLC. Hunter Higgs’s trademarks may not be used in connection with any product or service that is not provided by Hunter Higgs, unless such use is expressly authorized by Hunter Higgs. Hunter Higgs’s trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Hunter Higgs.

  13. Other Terms

    If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Hunter Higgs, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.