These Terms of Service (“Terms”) govern your use of Honest Manager Reviews (“our”) services (“Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on our services (collectively referred to as "Content"). Before using Honest Manager Reviews, you are required to read, understand and agree to these terms. Please be advised that your use of Honest Manager Reviews constitutes your agreement to these Terms, so you should read them carefully. You may only access Honest Manager Reviews after reading and accepting these Terms of Service.
1. Your Agreement With Honest Manager Reviews.
1.1. Choice of Law. Your relationship is with Honest Manager Reviews, and you agree to be bound by the laws of California and the laws of the United States.
1.2. Any information that you provide to Honest Manager Reviews is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Honest Manager Reviews. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services, which you may not be able to opt-out from receiving.
1.3. By using our Services, you agree, to the fullest extent permitted by law, to defend, indemnify and hold harmless Honest Manager Reviews and all of its employees, shareholders, owners, officers and agents harmless from and against any claim or demand, made by any third party arising out of: 1) your use of our Services; 2) Content (including posts, images, videos, and other materials) you upload or share on Honest Manager Reviews); 3) your connection to our Services; 4) your violation of these Terms of Service; or 5) violation of any other applicable laws.
2. Basic Terms.
2.1. You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display on any message board will be able to be viewed by other users of the Services who have the right to submit, post, or display on the same board. You should only provide Content that you are comfortable sharing with others under these Terms. You agree that by using the Services or posting any Content, you have reviewed and will adhere to our Community Guidelines.
2.2. You may use the Services only if you can form a binding contract with Honest Manager Reviews and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
2.3. The Services that Honest Manager Reviews provides are always evolving and the form and nature of the Services that Honest Manager Reviews provides may change from time to time without prior notice to you. In addition, Honest Manager Reviews may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
2.4. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Honest Manager Reviews on the Services are subject to change. In consideration for Honest Manager Reviews granting you access to and use of the Services, you agree that Honest Manager Reviews and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
3. Your Content.
3.1. Ownership: You retain all rights and ownership in your content. Honest Manager Reviews may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Honest Manager Reviews be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
3.2. Use. You hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully paid and royalty free license to use, copy, perform, display, create derivative works of, adapt and distribute your Content in any and all media throughout the world. To the greatest extent permitted by applicable law, you hereby waive any and all of your moral rights applicable to our exercise of the foregoing license.
3.3. Passwords. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Honest Manager Reviews cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
3.4. Restrictions on Content and Use of the Services. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. Your right to access and use our Services is limited in that you are, except as expressly stated otherwise in these Terms, not allowed to:
• Discuss or incite anything unlawful, misleading, malicious, or discriminatory.
• Defame, harass, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of other users of the Services, or any other individuals, groups or entities.
• Post any image or language that is offensive, pornographic, contains nudity, harmful, inaccurate, or threatening or otherwise inappropriate to any individual or group.
• Post anything contrary to our public image, goodwill or reputation.
4. Your License To Use the Services.
Honest Manager Reviews gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Honest Manager Reviews as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Honest Manager Reviews, in the manner permitted by these Terms. This license is revocable and Honest Manager Reviews reserves the right to limit or terminate your authorization to use our service at any time.
4.1. Account Information. It is your responsibility to keep your log-in credentials secure and you are responsible to Honest Manager Reviews for all activities that occur via your account.
5. Honest Manager Reviews Rights.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Honest Manager Reviews and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Honest Manager Reviews name or any of the Honest Manager Reviews trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Honest Manager Reviews, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
6. Copyright Policy.
Honest Manager Reviews respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Honest Manager Reviews. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide Honest Manager Reviews with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Honest Manager Reviews to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Honest Manager Reviews will also terminate a user’s account if the user is determined to be a repeat infringer.
7. Our Disclaimer of Warranties.
7.1. You acknowledge and agree that by accessing or using the Services, you may be exposed to materials from others that you may consider offensive, indecent, or otherwise objectionable, and agree to accept that risk. Views expressed on our website or through our Services do not necessarily reflect our views. We do not support or endorse any content posted by you or other users. Certain content from others may be incorrectly labeled, rated, or categorized.
7.2. Although we will provide reasonable security measures to protect your content, we are not liable for any damages resulting from the disclosure of your content.
7.3. Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND HONEST MANAGER REVIEWS MATERIALS ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FOR EXAMPLE, WE MAKE NO WARRANTY THAT (a) THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT (c) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, OR MATERIALS WILL BE CORRECTED.
8. Our Limitation of Liability.
8.1. Limitation of Liability: IN NO EVENT SHALL HONEST MANAGER REVIEWS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER.
8.2. HONEST MANAGER REVIEWS AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS (US $100).
8.3. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
9. Settling Disputes with Honest Manager Reviews.
9.1. You agree that your relationship shall be governed by the laws of the State of California and that any claims or grievances of any nature shall be brought exclusively in the courts of the County of Santa Clara, or the United States District Court for the Northern District of California.
9.2. Disclaimer: You and Honest Manager Reviews each disclaim the U.N. Convention on Contracts for the International Sale of Goods. By using our Services, you and Honest Manager Reviews both agree it does not apply to the Services.
10. Termination.
10.1. You can stop using our Services at any time.
10.2. We may add, modify, or remove features or functionalities, and we may suspend or stop all or part of the Services. We may also stop providing Services to you, or add or create new limits to our Services at any time.
10.3. If the Service is terminated or discontinued, then we will make a reasonable effort to notify you and provide an opportunity to retrieve your content.
11. Notices.
11.1. Notice to Honest Manager Reviews. Unless these Terms or any Additional Terms say otherwise, you must send any notices to: honestlymanaged@gmail.com
11.2. Notice to You: For purposes of service messages and notices about the Services, Honest Manager Reviews will place a banner notice across its pages or use other means we believe reasonable to alert you to certain messages and notices. You acknowledge and agree that the methods we use to notify you of any messages as described above are the best available methods for such notices, and that we shall have no liability associated with or arising from your failure to receive such critical information about the Services.
12. General Terms.
12.1. Export Control. You acknowledge that the Services, and your use and handling of the Services, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Services and Honest Manager Reviews Content. You agree to comply with all such laws, restrictions, and regulations.
12.2. English Version. The English version of this agreement will be the version used when interpreting or construing this agreement.
12.3. Severability: If a court finds any section of the Terms invalid or unenforceable, the rest of the Terms still apply.
12.4. No Waiver: Failure to enforce (or delay of the enforcement of) any of these Terms against you shall not constitute a waiver of the Terms or waiver of the right for Honest Manager Reviews to enforce such Terms.
12.5. Assignment or Transfer: You cannot assign or transfer your rights or obligations under this agreement to someone else without Honest Manager Reviews' written permission. We can transfer our rights and obligations to you (if we are acquired by or merge with another company, sell one of the Services, or otherwise) without your permission.
12.6. Entire Agreement. These Terms are the entire and exclusive agreement between Honest Manager Reviews and you regarding the Services, and these Terms supersede and replace any prior agreements between Honest Manager Reviews and you regarding the Services. We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you via banner notice across our page or other means possible and appropriate for the type of notice provided. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.