Last Updated: February 15, 2022
Agreement to Terms. By using the Site, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not access or use the Site. If you are accessing and using the Site on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.
Changes to these Terms or the Site. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Site. If you continue to use the Site after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Site anymore.
Who May Use the Site? You may use the Site only if you are 18 years or older and capable of forming a binding contract with HonorEd, and not otherwise barred from using the Site under applicable law.
Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Site (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
Rights to Content.
[User Content. For purposes of these Terms, you may share, submit to us, or make available content such as text, files, documents, graphics, and images. Anything (other than Feedback) that you share, submit, or otherwise make available to us through the Site is referred to as “User Content”. HonorEd does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Site, nor any use of your User Content by HonorEd on or through the Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Removal of User Content. If you would like to remove your User Content, please contact us at firstname.lastname@example.org. You should know that in certain instances, some of your User Content may not be completely removed and copies of your User Content may still exist on the Site. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or failure to remove or delete) any of your User Content.]
HonorEd Content. All content on the Site, or otherwise made available by HonorEd, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like, the trademarks, service marks and logos contained therein, and the design of the Site (collectively, “HonorEd Content”), are owned by or licensed to HonorEd and/or its affiliates. The HonorEd Content is provided to you “as is” for your information and personal use only and may not be used, reproduced, altered, distributed, transmitted, broadcast, displayed, sold, licensed, removed, obscured, or otherwise exploited for any other purposes whatsoever.
Reservation of Rights. We reserve all right, title and interest not expressly granted in and to the HonorEd Content, Site and any underlying technology, including all associated intellectual property rights. Using the Site does not give you any ownership of or right in or to any Company intellectual property, including in any HonorEd Content made available through the Site. You acknowledge that the Site and HonorEd Content are protected by copyright, trademark, and other laws of the United States.
General Prohibitions. You agree not to do any of the following: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any HonorEd Content on the Site; (b) use the Site or any HonorEd Content commercially or for the benefit of any third party or in any manner not permitted by these Terms; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Site; (d) interfere with or damage the Site, or any underlying technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Site or download content from the Site using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than any software provided by HonorEd or other generally available third-party web browsers; (g) collect information about other users of the Site; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation; or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Site.
Links to Third Party Websites or Resources. We may allow you to access third-party websites or other resources through the Site. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
Termination. We may suspend or terminate your access to and use of the Site, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Site, the following Sections will survive: 6(b), 6(c), 6(e), 6(f), 7, 9, 10, 11, 12, 13, and 14.
Warranty Disclaimers. THE SITE AND HONERED CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SITE.
Indemnity. You will indemnify and hold HonorEd and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Site, (b) your User Content, or (c) your violation of these Terms.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HONORED NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SITE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HONORED OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, IN NO EVENT WILL HONORED’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE EXCEED [FIFTY DOLLARS ($50)].
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HONORED AND YOU.
Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in [San Francisco County, California] and you and HonorEd irrevocably consent to the personal jurisdiction and venue therein.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between you and HonorEd regarding the Site, and these Terms supersede and replace all prior oral or written understandings or agreements between you and HonorEd regarding the Site. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without HonorEd’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. HonorEd may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications provided by HonorEd under these Terms will be given: (i) via email; or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. HonorEd’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HonorEd. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have any questions about these Terms or the Site, please contact HonorEd Technologies, Inc. at email@example.com, 250 Montgomery St, San Francisco, CA 94104.