Honeit Inc. Terms of Service
Last Updated: 2014/11/03
These Terms of Service (these “Terms“) apply to the services (the “Services“) provided by HoneIt, Inc. (“HoneIt“) via websites with the HoneIt.com (collectively, the “Site“). BY REGISTERING TO USE OR ACCESS THE SERVICES AND CHECKING THE BOX TO AGREE TO THESE TERMS OF SERVICE OR OTHERWISE USING OR ACCESSING THE SITE AND/OR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (A) YOU HAVE READ THESE TERMS; (B) YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THESE TERMS; AND (C) YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS.
HoneIt reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of HoneIt) at any time and in its sole discretion. If HoneIt makes changes to these Terms, HoneIt will provide notice of such changes, such as by sending you a notification, by providing notice through the Services, and/or by updating the “Last Updated” date at the top of these Terms and posting the revised Terms. Your continued use of any of the Services will constitute your acceptance of such changes or modifications. Therefore, you should review these Terms whenever you access the Services to make sure that you understand the terms and conditions that will apply to your use of the Services.
For purposes of these Terms, “HoneIt” refers to HoneIt and HoneIt’s investors, directors, officers, employees, agents, representatives, and assigns.
2. ACCESS TO THE SERVICES
You represent and warrant that you are at least 16 years of age and have not been previously suspended or removed from using the Services. If you are under the age of 18, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Account
To access certain areas and features within the Services, you must create an account. You agree to (a) provide accurate, truthful, current and complete information when creating an account; (b) maintain and promptly update your account information; (c) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (d) promptly notify HoneIt if you discover or otherwise suspect any security breaches related to the Site; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
3. DESCRIPTION OF THE SERVICES
The Services provide a platform that connects professionals. Through the Services a user may record an interview with a person with specialized knowledge in a certain industry or field. The interview and user may rate each other’s performance during the interview based on their first-hand experiences and subjective opinions. These ratings as well as snippets of the interviews, information about the user and interviewer, and other User Content (as defined below) may be made available to and shared by other users of the Services, including companies potentially looking to engage individuals and individuals who may wish to be interviewed by the interviewer through the Services.
Third Party Services
The Services require or permit the use of certain third party products and services (“Third Party Services“) identified on the Site. Use of any Third Party Services is at your sole risk. Such Third Party Services may be governed by separate terms and conditions, separate privacy policies relating data shared through Third Party Services in the course of using the Services, other applicable policies and separate fees and charges. HoneIt may display content from third parties through the Services or may provide information about, links to or advertisements regarding Third Party Services. Your interactions with any such third parties, and any terms, conditions, warranties, or representations associated with such interactions, are solely between you and the applicable third parties. HoneIt is not responsible or liable for any loss or damage of any sort incurred as the result of any such interactions or as the result of the presence of such third party information made available through the Services. If you are not able to access or use the Third Party Services for any reason, you may not be able to use certain portions the Services.
4. USE OF THE SERVICES
HoneIt reserves all rights not expressly granted in these Terms. Except for the license expressly stated in these Terms, you are not granted any rights in or to the Services by implication, estoppel, or other legal theory, and all rights in and to the Services not expressly granted in these Terms are hereby reserved and retained by HoneIt. HoneIt reserves all right, title, and interest to and in all information, materials, and content (including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content) (collectively “HoneIt Material“). HoneIt Material is protected in all forms, media, and technologies now known or later developed.
On the condition that you comply with these Terms, HoneIt hereby grants you a non-exclusive, non-transferable, revocable license to access the Services (including any HoneIt Material therein) solely for the purpose of enabling you to use the Services in the manner permitted by these Terms. If HoneIt, in its sole discretion, elects to provide any upgrade that replaces or supplements the original Services, this license will govern any such upgrade unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
HoneIt may charge a fee to access or use of certain portions of its Services. Such portions of the Services will be subject to separate payment terms between you and HoneIt. Suspension or Termination
HoneIt may suspend your license to access or use the Services or terminate these Terms at any time, with or without cause, immediately upon notice to you. HoneIt reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Services during suspension or after termination, including if you create a new account. HoneIt may recover its reasonable attorneys’ fees and court costs from you for such actions. These Terms will remain enforceable against you while your license to access or use the Services is suspended.
Modification of the Services
HoneIt may review, improve, change, or discontinue (temporarily or permanently) the Services or any features, information, materials, or content on the Services at any time, with or without notice to you.
You use the Services at your own risk. You are solely responsible for your conduct (and the conduct of anyone who uses the Services on your behalf) with respect to the Services, including your interactions with other users of the Services. HoneIt may, at its discretion and without liability to you, limit or prohibit your ability to interact with other users. HoneIt reserves the right, but has no obligation, to monitor disputes between you and other users and to restrict, suspend, or close your account if HoneIt determines, at its discretion, you have violated or may violate these Terms. Except as expressly permitted in writing by HoneIt, you will not do, and will not permit any third party to do, any of the following:
- rent, lease, lend, sell, sublicense, monetize or create derivative works of the Services or any part of the Services;
- make the Services available over a network where it could be used by multiple devices at the same time;
- modify, disclose, decompile, reverse engineer, disassemble, attempt to derive the source code, underlying ideas, or algorithms of the Services or any part of the Services, except to the extent required by applicable law;
- remove, alter, or obscure any copyright, trademark or other proprietary rights notice or labels on or in the Services;
- transmit or otherwise make available any software or other materials that is harmful, disruptive, or invasive, including any viruses, malware, time bombs, adware, worms, or any other unauthorized programming;
- use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit HoneIt’s other users from fully enjoying the Services or that could dam age,disable, overburden or impair the functioning of the Services;
- use the Services for any illegal or unauthorized purpose or engage in, encourage or promote any illegal activity, or any activity that violates these Terms;
- attempt to gain unauthorized access to the Services or related systems or networks;
- use the Services to store or transmit infringing, libelous or otherwise unlawful or tortious material, or to store or transmit material in violation of the rights of HoneIt or any third party;
- access or collect information from the Site through any automated means, whether through robots, spiders, web crawlers, scripts or otherwise;
- impersonate another person by using a name, likeness or background information that is not your own, misrepresent your affiliation with a person or entity, or otherwise publish inaccurate information about yourself;
- transmit unsolicited or unauthorized advertising, promotions, political campaigning, or other unsolicited or unauthorized communications;
- build a competitive product or service, or copy any features or functions of the Services;
- disclose to any third party any performance information or analysis relating to the Services; or cause or permit any third party to do any of the foregoing.
If you violate (or are alleged to have violated) any of the foregoing restrictions, your license to use the Services will immediately and automatically terminate, and you may have infringed the rights of HoneIt, which may subject you to prosecution and damages.
The Service may include interactive areas or services, such as forums, chat rooms, message boards, online hosting, storage services, or other areas or services, in which you or other users may create, post, or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code, or other items or materials (“User Content“). User Content includes (without limitation) recorded snippet and interview recordings, interview feedback, reviews, interview-related ratings, blog articles, and forum entries, contributions and updates from interviewers. User Content is publicly available and may be viewed and shared by other users of the Services. HoneIt reserves the right, but does not have the obligation, to remove, screen, or edit any User Content posted or stored on the Service at any time and for any reason without notice. You will not (and will not allow or authorize any third party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Service any
User Content that:
- is illegal or fraudulent or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, to any animal or to any property;
- is obscene, pornographic, indecent or sexually explicit;
- depicts graphic, excessive or gratuitous violence, or make any threats to commit violent acts;
- is derogatory, demeaning, inflammatory, malicious, defamatory, abusive, offensive, hateful, harassing, humiliating to other people (publicly or otherwise), libelous or otherwise objectionable;
- you do not have a right to make available under any law or under contractual or fiduciary relationships;
- you know is untruthful;
- references any third party products or services, including names of your current or former employers, customers or clients; or infringes, misappropriates or violates the intellectual property or proprietary rights of others (including, but not limited to, rights of privacy, rights of publicity, confidentiality rights and trade secret rights).
HoneIt is not responsible for the misuse or misappropriation of any User Content by a third party, including other users of the Services. You are solely responsible for creating backup copies of and replacing your User Content at your sole cost and expense. By submitting or posting User Content, you hereby grant to HoneIt a non-exclusive, transferable, royalty-free, perpetual, irrevocable, sublicensable right to use, reproduce, modify, adapt, publish, translate, sell, create derivative works from, distribute, perform, and display the User Content, and your name, company name, location, and any other information you submit with the User Content, in connection with the Service. You may request that HoneIt remove User Content that you post by following the instructions in the Services or by emailing HoneIt at firstname.lastname@example.org. The use of your or any other user’s name, likeness, voice, or identity in connection with the Service does not imply any endorsement thereof unless explicitly stated otherwise.
6. VIEWERS OF CONTENT
All users of HoneIt’s Services who view content from other users, including, but not limited to, content regarding a user’s character, general reputation, personal characteristics, or mode of living, represent and agree that they are prospective employers and acknowledge and agree that HoneIt is making said content available to them only for the purpose of procuring an employee or procuring an opportunity for a natural person to work for the prospective employer. Such user/prospective employer affirms that the information is provided for and that such user/prospective employer will not use such content for any purpose other than those outlined above.
7. USERS WHO PROVIDE CONTENT
All users who provide content to HoneIt, either directly or through participating in an interview, consent that all such provided content, which may include, but is not limited to, information regarding the user’s character, general reputation, personal characteristics, or mode of living, may be collected by HoneIt and then provided by HoneIt to prospective employers only for the purpose of the prospective employer procuring an employee or procuring an opportunity for a natural person to work for the prospective employer. All users who provide content to HoneIt, either directly or through participating in an interview, have a right to request the nature and substance of all information contained in their file at the time of the request. If a user requests such information, HoneIt will provide the information in writing to the user not later than five (5) business days after receiving the request from the user; provided, however, that the source of any information that is acquired solely for use in providing information to a prospective employer and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought.
8. COPYRIGHT POLICY
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, HoneIt has adopted a policy of terminating, in appropriate circumstances and at HoneIt’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. HoneIt may also at its sole discretion limit access to the Services or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Copyright Complaints
If you believe that anything on the Service infringes upon any copyright that you own or control, you may file a notification with HoneIt’s Designated Agent as set forth below:
Designated Agent: Nicholas Livingston
Email Address of Designated Agent: email@example.com
Phone number of Designated Agent: 415-797-4063
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by HoneIt or the alleged infringer as the result of HoneIt relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Any suggestions, comments or other feedback you provide regarding HoneIt or the Services will constitute HoneIt’s confidential information. HoneIt is free to use, disclose, reproduce, license, distribute, and exploit such suggestions, comments, or other feedback as HoneIt sees fit without obligation or restriction of any kind.
HoneIt’s name, HoneIt’s trademarks, HoneIt’s logos, and any other HoneIt product, service name, or slogan included in the Services are property of HoneIt and may not be copied, imitated, or used (in whole or in part) without HoneIt’s prior written consent. The look and feel of the Services, including all custom graphics, button icons, and scripts constitute service marks, trademarks, or trade dress of HoneIt and may not be copied, imitated, or used (in whole or in part) without HoneIt’s prior written consent. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Services (“Third Party Trademarks”) are the property of their respective owners, and the use of such Third Party Trademarks inures to the benefit of each owner. The use of such Third Party Trademarks is intended to denote interoperability and does not constitute an affiliation by HoneIt and its licensors with such company or an endorsement or approval by such company of HoneIt or its licensors or their respective products or services.
You are granted a limited, non-exclusive right to create a text hyperlink to the services, provided such link does not portray HoneIt or the Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use any of HoneIt’s trademarks or other proprietary graphic of company to link to the services without HoneIt’s permission. Further, you may not use, frame or utilize framing techniques to enclose any HoneIt trademark, logo or other proprietary information, including the HoneIt Materials or the content of any text or the layout/design of any page or form on the Services without HoneIt’s permission. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of HoneIt or any third party.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HoneIt DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS, THE SERVICE, GIFTS, THE HoneIt MATERIAL, AND THIRD PARTY TRADEMARKS WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT HoneIt KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE), AND WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. HoneIt DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. HoneIt DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF ANY USERS OF THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THEIR USE OF THE SERVICES AND THEREFORE DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF ANY USER’S IDENTITY OR INFORMATION BY OTHERS.
At your sole expense, you will defend, indemnify and hold harmless HoneIt from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest and disbursements) caused by, arising out of or resulting from (a) your use of the Services or the use of the Services by a third party accessing your account, including any infringement of rights of third parties, or (b) your breach of these Terms.
14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HoneIt BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS OR THE HoneIt MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED, OR EMOTIONAL DISTRESS), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), EVEN IF HoneIt HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HoneIt’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE GREATER OF US$100 OR THE AMOUNT YOU PAID TO HoneIt DURING THE SUBSCRIPTION PERIOD WITHIN WHICH THE DAMAGES AROSE. Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, some of the limitations of this section may not apply to you.
PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY BECAUSE THEY REQUIRE YOU AND HoneIt TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH BOTH PARTIES CAN SEEK RELIEF.
You and HoneIt will arbitrate any dispute, claim, or controversy arising from or related to these Terms or the Services, except that you nor HoneIt is required to arbitrate any dispute in which either party seeks equitable and/or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade names, or patents. ARBITRATION PREVENTS YOU AND HoneIt FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. Arbitration will be conducted confidentially in San Francisco, California, by a single arbitrator in accordance with the rules of JAMS (or its successor). Except as expressly provided in these Terms, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will bind the parties and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The parties will equally share the expenses of the arbitration unless the arbitrator determines to apportion fees and expenses differently. To the fullest extent permitted by applicable law, Whether the dispute is heard in arbitration or in court, NO ARBITRATION OR CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NEITHER YOU NOR HoneIt will commence against the other a class action, class ARBITRATION, or other representative action or proceeding.
You can choose to reject this agreement to arbitrate (“opt out”) by sending HoneIt a written opt-out notice (the “Opt-Out Notice“) to firstname.lastname@example.org 30 days after the date you accept these Terms for the first time. The Opt-Out Notice must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number, and email address. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of this agreement to arbitrate. If you opt-out of this agreement to arbitrate, all other parts of these Terms will continue to apply.
Venue; Governing Law
The state and federal courts located in Santa Clara County, California, will have exclusive jurisdiction over any suit in connection with the Services or these Terms that is not subject to arbitration, and you and HoneIt hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts. These Terms and your access to or use of the Services will be governed by, construed in accordance with, and enforced under the laws of the State of California without resort to its conflict of law provisions. If a party initiates any proceeding regarding these Terms, the prevailing party to such proceeding is entitled to reasonable attorneys’ fees and costs for claims arising out of these Terms.
You may not assign, delegate or transfer these Terms or any right, title, interest or obligation hereunder without the prior written consent of HoneIt. Any attempted or purported assignment, delegation or transfer in violation of the foregoing will be null and void and without effect. HoneIt may assign these Terms without your prior written consent. These Terms will be binding and inure to the benefit of such assignees, transferees and other successors in interest of the parties in the event of an assignment or other transfer made consistent with the provisions of these Terms.
You agree to receive electronically all current and future notices, disclosures, communications and information and that the aforementioned electronic communications satisfy any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received on the day of receipt as evidenced by such email.
HoneIt will not be liable for any loss or damage arising from any event beyond its reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction. Interpretation
As used in these Terms, “including” means “including (without limitation).” Headings of sections are for convenience only and will not be used to limit or construe such sections. HoneIt’s failure to enforce to insist upon or enforce strict performance of these Terms will not be construed as a waiver of any provision of these Terms or of HoneIt’s right to enforce these Terms.
If any provision of these Terms is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
If you have any questions regarding the use of the Service, please email HoneIt at info@HoneIt.com.