Last Modified: [June 25, 2019]
Hive80™ DOES NOT PROVIDE MEDICAL SERVICES OR ADVICE, INCLUDING VIA OUR WEBSITE, AND WILL NOT PROVIDE ANY SERVICES FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
YOU ACKNOWLEDGE AND AGREE THAT:
- ANY INFORMATION OR CONTENT YOU POST ON OUR WEBSITE WILL BECOME PUBLIC; AND
- YOU HAVE THE LEGAL AUTHORITY TO POST SUCH INFORMATION OR CONTENT AND YOU WILL NOT POST ANY INFORMATION OR CONTENT WITHOUT SUCH AUTHORITY.
In these Terms, the terms “you” and “yours” refer to the person using the Website. The terms “we”, “our”, “us”, and “Hive80™” collectively refer to Hive80™ LLC. Even though you may have arrived to the Website through a website or mobile application operated or controlled by a third party, including by an affiliate of Hive80™, you understand and agree that these Terms are entered into between you and Hive80™. You also understand and agree that the Website and any services provided through these Terms, are provided solely by Hive80™, and no other parent, subsidiary or affiliate of Hive80™.
Access; Account registration
Conditioned upon your continued compliance with these Terms, Hive80™ grants you the right to access and use the Website. To access and use the Website, you may be required to create an account and profile, or register to use all or part of the Website. Any registration information you provide to Hive80™ must be accurate, current and complete. Your access credentials, such as your user name and password, cannot be shared with or used by any person or entity except for you. You will be responsible for keeping your account, including access credentials, secure from unauthorized third-party access or use and you must promptly notify Hive80™ of any suspected or actual breach or unauthorized use thereof. You are responsible for all access and use of the Website using your credentials. Hive80™ may immediately suspend your account and access to the Website if you violate, or Hive80™ reasonably suspects that you have violated, these Terms. Upon the termination of your account, your access to the Website will be terminated with immediate effect.
Modification of the Terms
We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You should check the Terms from time to time when you use the Website to determine if any changes have been made. You can determine when the Terms were last revised by referring to the “Last Modified” notation above. If you use the Website after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Website.
Description of Hive80™
You understand and agree that the Website is an online community for the exchange of health and welfare information, and that Hive80™ makes no representations or guarantees regarding any of the information found on the Website. Any information located on or submitted to the Website is or will become public.
Hive80™ does not provide any medical services or advice, including via the Website. The Website is not a substitute for a doctor-patient relationship. You should contact an appropriate health care provider for specific medical advice and/or care.
Disclaimer; No medical advice
The Website is not, and should not be, considered or used as a substitute for, comprehensive medical advice, care, diagnosis or treatment. The Website is not designed to be used: (i) as a diagnosis for illness or other condition, (ii) as a treatment for illness, or (iii) as a substitute for health care or medical advice from a licensed health care provider.
Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding personal health, medical conditions, or drugs or medications, and before commencing or discontinuing any course of treatment, drug or medication. Do not disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care professional because of any information you have received or obtained through use of the Website.
In order to use the Website, the following must be true:
- You are age 18 or over.
You understand and agree that satisfying the above requirements does not guarantee that you may use the Website. In addition to the above requirements, Hive80™ reserves the right to change or include new requirements as deemed appropriate in its sole discretion without providing prior notice to you.
Your Responsibilities and acknowledgement
As a condition of your use of the Website, you agree to the following:
- Any information or content that you post on the Website will become public.
- Your permission to use the Website is personal (the Website will be used only by you, and you have the legal authority to post any information or content that you submit on or through the Website and will not post any information or content without such authority).
Requirements for use
You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Website. Fees and charges may apply to your use of the mobile services and to the Internet.
Restrictions on Use
You will not use, or encourage or permit others to use, our Website except as expressly permitted in these Terms. You will not:
- Use or attempt to use the Website for any person other than yourself;
- Access or use the Website in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable local, state or federal law or regulation, or is prohibited by these Terms;
- License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website or related materials in any way;
- Use or access the Website to create or develop competing products or services or for any other purpose that is to Hive80™’s detriment or commercial disadvantage;
- Take any action or use the Website in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Website or any content, in whole or in part;
- Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Website or any computer network;
- Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by Hive80™ or any of our service providers to protect our Website;
- Input, upload, transmit, distribute, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Website, or any other system, device, or property;
- Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Website or any content made available to you on or through our Website;
- Use any manual process or automated device to monitor or copy any content made available on or through our Website for any unauthorized purpose except as permitted in Section X;
- Copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to Hive80™ or third-party content from the Website; or
- Encourage or enable any other individual to do any of the foregoing.
As between Hive80™ and you, Hive80™ is the sole and exclusive owner of all right, title and interest in and to the Website and its content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement and look and feel), and all intellectual property rights therein, and any suggestions, ideas or other information or feedback provided by you. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Website shall be owned solely and exclusively by Hive80™ or its licensors, including all intellectual property rights therein. You have permission to use the Website solely for your personal and non-commercial use on the condition that you comply with these Terms. No other right, title or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by us or our affiliates.
Certain names, logos, and other materials displayed in and through the Website may constitute trademarks, trade names, service marks or logos (“Trademarks”) of Hive80™ or its affiliates. You are not authorized to use any such Trademarks without the express written permission of Hive80™ or its affiliates. Ownership of all such Trademarks and the goodwill associated therewith remains with us or our affiliates.
License and Use
Subject to your compliance with these Terms, Hive80™ grants you a personal, limited, revocable, nonexclusive, and nontransferable license to view, access, and use the Website and its content, solely for your personal and non-commercial use. No other right, title, or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by Hive80™ or its licensors. You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any such content for commercial use.
Upon registration of an account, the Website may contain forms or fields that allow you to enter, submit or transmit to Hive80™ user information or data (“User Data”) on or through the Website. You understand and agree that: (i) any User Data provided by you on or through the Website may be used, copied or displayed by Hive80™, (ii) Hive80™ may create derivative works of any such data, and (iii) Hive80™ may provide such data to our service providers and our successors and assigns. Each of the rights in the foregoing sentence is perpetual and irrevocable.
You grant Hive80™, our service providers, and our successors and assigns the perpetual, irrevocable, fully transferable and sublicensable right and license to: (i) use, publish, reproduce, modify, analyze, perform, display, distribute, create derivative works of, and otherwise disclose to third parties any User Data you submit on or through the Website for the purposes of conducting research or analyses of such data and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of Hive80™ using such data; and (ii) aggregate and/or anonymize such data and sell it to third parties, provided that such information does not include any data that would identify you.
Users may submit, transmit or post information or content on or through the Website (“Posted Information”). You understand and agree that: (i) any Posted Information is or will become public, and (ii) you have the legal authority to post such Posted Information and you will not post any Posted Information without such authority.
You grant Hive80™, our service providers, and our successors and assigns the perpetual, irrevocable, fully transferable and sublicensable right and license to use, publish, reproduce, modify, analyze, perform, display, distribute, create derivative works of, and otherwise disclose to third parties any Posted Information you submit on or through the Website for the purposes of conducting research or analyses of such data and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of Hive80™ using such data.
Links to Third-Party Hyperlinks and Websites
The Website may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. This includes links contained in advertisements, including banner advertisements and sponsored links. The Linked Sites may not be under our control; therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
You may have arrived to the Website through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of Hive80™. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms will apply to your use of or access to the Website.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. Hive80™ AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (collectively “Related Persons”) MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER Hive80™ NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE WEBSITE. FURTHERMORE, Hive80™ DOES NOT GUARANTEE THAT THE WEBSITE WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND Hive80™ DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE USE OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, NEITHER Hive80™ NOR ITS RELATED PERSONS OR LICENSORS WILL BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE WEBSITE. THIS IS TRUE EVEN IF Hive80™ OR ITS RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO THIS SECTION, THE TOTAL LIABILITY OF Hive80™ AND ITS RELATED PERSONS FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED U.S. ONE HUNDRED DOLLARS ($100.00 USD). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold Hive80™ and any of its Related Persons, licensors, and suppliers harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to: (i) any breach by you of these Terms, (ii) your use of material or features available on the Website in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.
Modifications to the WEBSITE
Hive80™ reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Website, or any portion thereof, with or without notice. You agree that Hive80™ shall not be liable to you and/or to any third party for any modification, suspension, or discontinuance of the Website.
Suspension and Termination Rights
The Terms will remain in full force and effect as long as you continue to access or use the Website. You may terminate the Terms at any time by discontinuing use of the Website. Your permission to use the Website automatically terminates if you violate these Terms.
We may terminate or suspend any of the rights granted by these Terms and your access to our Website with or without prior notice, at any time, and for any reason. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Restrictions on Use; Intellectual Property; Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Class Action Waiver; and Miscellaneous.
Hive80™ reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website at its sole discretion.
GOVERNING LAW; Dispute Resolution; Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND Hive80™ TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Hive80™.
Governing Law. The Website is controlled and operated by us from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. These Terms will be governed by the laws of the State of California without regard to conflicts of law principles.
Arbitration Agreement. You and Hive80™ agree that all claims and disputes relating in any way to your use of our Website, or arising out of or in connection with these Terms, shall be resolved by binding arbitration, to the fullest extent permitted by applicable law, on an individual basis, except for disputes which can be resolved in small claims court, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or any dispute already pending at the time you first agree to these Terms. You also agree that any arbitration will take place in San Francisco, California.
Waiver of Jury Trial. IN THE EVENT ARBITRATION IS CONTRARY TO APPLICABLE LAW, YOU AND Hive80™ WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Hive80™ are instead electing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
No Class Arbitrations, Class Actions, or Representative Actions. YOU AND Hive80™ AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND Hive80™ AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S) OR DISPUTE. ANY RELIEF AWARDED CANNOT AFFECT OTHER Hive80™ USERS.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration between you and Hive80™ will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules. The AAA Rules and filing forms are available at www.adr.org. The foregoing rules in this paragraph apply except to the extent otherwise set forth in these Terms.
The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.
Copyright Infringement Claims
Hive80™ reserves the right to remove any content or any other material or information available on or through our Website, at any time, for any reason. Hive80™ otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section XX describes the procedure that should be followed to file a notification of alleged copyright infringement with Hive80™.
Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Website, you may submit a notification to our Designated Agent at the following address: email@example.com
Any notification to Hive80™ under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
- An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- An identification of the content or material that you claim is infringing and where it is located on our Website;
- Information sufficient for Hive80™ to contact you, such as your address, telephone number, and/or email address;
- A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Contact Information
If you have any questions or concerns, please contact firstname.lastname@example.org