Highspot, Inc. Marketplace Terms of Use
Last Updated: August 2021
Please read these Highspot Marketplace Terms of Use (“Marketplace Terms”) carefully because they are a binding agreement between you (“You”) and Highspot, Inc. (“Highspot” or “We”). These Marketplace Terms apply to your use of, including any access to, the Highspot Marketplace Site at Marketplace.Highspot.com, (together with any Highspot information, data, content and other materials, third party products or services available through such site, and any successor site(s), “Highspot Marketplace” or the “Marketplace”). These Marketplace Terms are incorporated by reference into the Highspot Marketplace and form part of the Main/Master Services Agreement under which you access the Highsport Service (the “Agreement”) between you and Highspot, as well as the Highspot Terms of Use available at highspot.com/terms (the “Terms of Use”). You automatically agree to these Marketplace Terms by using or logging into the Highspot Marketplace. We may modify these Marketplace Terms at any time so be sure to check back regularly. By continuing to use or log in to the Marketplace after these Marketplace Terms have changed, you indicate your agreement to the revised Marketplace Terms. Do not use the Highspot Marketplace unless you agree to these Marketplace Terms.
Installation and Use of Apps
The Highspot Marketplace is an online directory and marketplace of third party (“Third Party”) Content in the form of web-based, on-demand applications, downloadable software applications, including sales training and methodology software (each, an “App”) that interoperates with Highspot products and services, and more, as further described in the Highspot Marketplace. Apps available through the Marketplace may be subject to third party terms, including terms that are presented during the trial or installation process (the “App Terms”). If the listed provider of an App is a third party, then the App and all related content provided therein or arising therefrom is considered Third Party Content under these Marketplace Terms and the Terms of Use, and any support for that App is solely as set forth in any applicable App Terms.
App Payments
Highspot may make available the opportunity to purchase or otherwise obtain certain Apps through the Marketplace. If you wish to purchase an App, you will be redirected to the App provider’s website or payment processors.
App Data
If you access (including download) or use an App, usage data from your access to or use of such App may be collected by Highspot and processed by us in accordance with our privacy policy (available at https://www.highspot.com/privacy/).
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL DISCLAIMERS OF WARRANTIES UNDER THE AGREEMENT, THE TERMS OF USE APPLY TO HIGHSPOT MARKETPLACE AND ALL APPS, CONTENT, AND OTHER MATERIALS AVAILABLE THROUGH THE MARKETPLACE.
Third Party Content; Links
Certain Marketplace functionality may make available access to Content in the form of Apps, products, services, information, data, content and other Third Party Content, or allow for the routing or transmission of Third Party Content, including via links, to your instance of the Service. By using such functionality, you are directing Highspot to access, route and transmit to you the applicable Third Party Content. In addition, your installation and other use of Third Party Content may result in transmission of your information, data, content or other materials outside of Highspot’s sites, Services, systems, or otherwise result in third-party access to or use of your information, data, content or other materials. As further set forth in the Terms of Use, Highspot neither controls, endorses, nor is responsible for any Third Party Content, including their accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety, or any applicable intellectual property rights.
Disclaimers
WE PROVIDE THE MARKETPLACE SITES “AS-IS.” NEITHER HIGHSPOT NOR ITS AGENTS OR SERVICE PROVIDERS MAKE ANY SPECIFIC PROMISES ABOUT THE APPS NOR ANY RELATED THIRD PARTY CONTENT. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE APPS, THE SPECIFIC FUNCTION OF THE APPS, OR THEIR RESPECTIVE RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL THOSE WARRANTIES. HIGHSPOT WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE MARKETPLACE, THE APPS, OR ANY THIRD PARTY CONTENT. THIS EXCLUSION INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY.
Questions or comments about the Marketplace may be directed to Highspot at partners@highspot.com.