This is an Agreement between you and Hively, Inc., This Agreement governs both your legal rights with regards to www.teamhively.com the business (which also includes Hively, Inc. by reference) as well as your use of our Website and Software. You explicitly and implicitly agree to be bound by the terms and conditions of this Agreement each time you access our Website and/or Software. If you do not wish to be so bound, please do not use or access our Website and/or Software.
We may amend this Agreement at any time by posting the amended terms on our Website. We may post notices on the homepage of our Website when such changes occur. Such changes become effective in the time as specified in the notice or posted to our Website.
Our Website is accessed through www.teamhively.com and you can access and use our online software service, HivelyTM Software (Software) that allows you to measure customer happiness and engagement, as well as team performance. Our Software is subject to the terms of our this agreement, to which you must agree to use our Software. The use of our Software is considered a monthly service for which you will pay a monthly subscription fee. This subscription fee must be prepaid in order to use our Software.
Www.teamhively.com grants you a non-exclusive, non-transferable, revocable license to access and use our Website and Software, strictly in accordance with this Agreement for our Software. In return for this license, you agree to wholly abide by all terms of this Agreement, of which the violation of any is grounds for the immediate termination of your account without notice as well as for subjecting you to possible civil and criminal action.
You understand and agree that our Website, Software, and related technologies are protected by United States Copyright Law and as such, you will not attempt to reverse engineer or otherwise copy our Website, Software, and related technologies other than is necessary for its intended use. Any violation of this provision is grounds for subjecting you to civil and criminal action under current United States Copyright Law. You understand and agree that Hively, Inc., www.teamhively.com and other product and company names mentioned on our Website may be trademarks and/or service marks of their respective owners, and that as such, you may not use any such trademark or service mark in connection with any product or service in any manner which violates United States Trademark Law.
Www.teamhively.com allows for our Website to be used as a “Visitor” (a general user of our Website where no registration is required) or as a “Subscriber” (you have registered with our Website and want to use our Software). By using our Website as a Visitor, you represent that you are of legal age to acquire the goods/services you are seeking through our Website. By registering as a Subscriber, you are legally representing that to the best of your knowledge and belief, your registration information is truthful, accurate, and complete. For Subscribers, a user name and password will be assigned by us or chosen by you. You understand and agree that you are responsible for maintaining the secrecy of your password and for activities occurring under your account. You should change your password promptly and notify us if you believe that others are accessing your account. To protect yourself and teamhively.com, you understand and agree that you will not loan your user name and password to others. You cannot use our Service until after we have verified the email address you provide during registration.
Www.teamhively.com has sole discretion in determining whether to accept a Subscriber to our Website and may refuse subscription to our Website to anyone without the need to provide explanation. Www.teamhively.com has no liability whatsoever for such refusal.
Www.teamhively.com is not responsible for determining the age of its users and has no liability whatsoever should a minor use our Website but would otherwise be prohibited due to the minor’s age.
Www.teamhively.com may offer Beta User Accounts; a Beta User is a user who helps us test our Website and Software for errors as well as feedback for improvements in functionality in return for receiving free access to our Software. You understand and agree that Beta User Accounts are offered at our sole discretion and that there is no guarantee that you may be selected for a Beta User Account even if you apply to receive one. If teamhively.com selects you for a Beta User Account, you must wholly abide by the terms of this Agreement. Www.teamhively.com reserves the right to convert Beta User Accounts into Free Trial Accounts at our sole discretion and without notice to you and that such action will be considered a termination of our Beta User Agreement.
Www.teamhively.com may offer Free Trial accounts where you can use our Software free of charge for a specified time period. Upon expiration of this time period, your access to our Software will be terminated unless you choose to become a paying Subscriber. You understand that only a single Free Trial account will be granted for a given email address. Www.teamhively.com has no duty to provide Free Trial accounts and has no liability to you if you cannot obtain one or if we terminate your Free Trial account prior to the expiration of the given time period of your existing Free Trial account. Www.teamhively.com may stop offering Free Trial accounts without notice or liability to you at our sole discretion.
By becoming a Subscriber of our Website and using our Software, you authorize www.teamhively.com to charge the billing source you have provided for your account each month according to the billing plan you selected for your account. If your billing source is declined, www.teamhively.com will notify you at the email address you provided in your account. If you do not provide us with a valid billing source within 3 business days of this notice, we will terminate your access to our Software. You can still access teamhively.com, and your account information to restore your access to our Software by providing a proper billing source. We will keep your current software settings on stored for 90 days. After that time www.teamhively.com reserves the right to remove such settings from our servers with NO liability or notice to you.
While we actively support fighting credit card fraud, www.teamhively.com has a zero-tolerance policy regarding credit card charge-backs. If you use a credit card to purchase our Software and/or other products and services we offer, and then start a charge-back process regarding such a purchase, www.teamhively.com reserves the right to immediately terminate your account AND your account and the credit card number you provided will be blocke in our systems. Should www.teamhively.com do this, you will never again be able to use that account and credit card with teamhively.com.
You may terminate your account with www.teamhively.com at any time; however, you are not entitled to any refunds. We may terminate your account without notice or refund to you if you violate this Agreement. If your account is terminated, www.teamhively.com reserves the right to remove your account information along with any software settings from our servers with NO liability or notice to you.
The opinions expressed on our Website are strictly those of the person who gave them and are no way endorsed or otherwise supported by teamhively.com. Our Website Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date, and similar to any printed materials, it may become out-of-date. www.teamhively.com has no obligation to update any content on our Website.
You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that www.teamhively.com will not be liable for any errors or omissions in any Content; and that www.teamhively.com cannot guarantee the identity of any other users with whom you may interact in the course of using the Software.
When you delete any of your Content, it will be removed from the Software. However, you understand that any removed Content may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your Content.
Www.teamhively.com is not responsible or liable in any manner for any content on our Website or for our Software, including, but not limited to, factual information, 3rd party applications, software, viruses, etc. as posted on our Website or caused by users of the Site, or in connection with the Software by third parties or by any of the equipment or programming associated with or utilized in our Website or the Software. Although we provide rules for user conduct and postings, we do not control nor are we responsible for what users post, transmit or share on our Website. Furthermore, we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website. Www.teamhively.com is not responsible for the conduct, whether online or offline, of any user of the Website or Software.
Www.teamhively.com may be temporarily unavailable from time to time for maintenance or other reasons. Www.teamhively.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Www.teamhively.com is not responsible for any technical malfunction in your use of our Website, including, but not limited to, problems with using the Website and/or Software, loss of personal content on our Website, and lost or undeliverable email. Under no circumstances will www.teamhively.com be responsible for any loss or damage, including, but not limited to personal injury or death, resulting from use of our Website or Software, or any interactions between users of our Website, whether online or offline.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE AND/OR SOFTWARE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SOFTWARE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WWW.TEAMHIVELY.COM AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SOFTWARE. WWW.TEAMHIVELY.COM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE AND/OR THE SOFTWARE. WWW.TEAMHIVELY.COM DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT OUR WEBSITE OR SOFTWARE, SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SITE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
WWW.TEAMHIVELY.COM AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND US. OUR WEBSITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
IN NO EVENT WILL WWW.TEAMHIVELY.COM OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SOFTWARE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE’S CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR ED FROM OUR WEBSITE, EVEN IF THE WWW.TEAMHIVELY.COM IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,TEAMHIVELY.COM‘S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WWW.TEAMHIVELY.COM FOR THE PURCHASE OF THE PRODUCT GIVING RISE TO LIABILITY.
Our Website may contain links to other websites. You understand and agree that www.teamhively.com has no control over the content of any such websites, especially with regards to the accuracy, reliability, and timeliness of their content. As always, you understand and agree that your use and reliance on any content from such other websites is solely at your own risk. You understand and agree that www.teamhively.com is in no way liable for any damages to you that may arise from such use or reliance, regardless of the fact that you reached such a website through our Website.
You understand and agree that www.teamhively.com reserves the right to monitor all advertisements, postings and messages whether publicly or privately transmitted to ensure that they conform to our content guidelines. We also reserve the right to monitor all messages that take place through our Website. You understand and agree that monitoring is at our discretion and that we cannot and do not monitor every message or other material posted or sent by Subscribers of our Website. You understand and agree that www.teamhively.com is not responsible in any way for monitoring or failing to monitor any offensive or obscene materials that may be transmitted or posted by other users, including, but not limited to, current subscribers, unauthorized users, hackers, etc. Furthermore, you also understand and agree that www.teamhively.com is not responsible for the use of any personal information that a subscriber may choose to post on our Website. However, you understand and agree that www.teamhively.com reserves the right to delete, suspend, move, or edit messages or materials, including, but not limited to, advertisements, public or private postings, and messages, that we, in our sole discretion, deem necessary to be removed.
You understand and agree that by using our Website and/or Software, your name may be placed on promotional lists to receive emails regarding our Website and Software, news from our affiliates, and the www.teamhively.com newsletter. If at any time you no longer wish to receive such emails, please visit the “User Settings” section of our Website.
You understand that our Website and any newsletters or emails you receive from www.teamhively.com or our affiliates may include advertisements, user-contributed materials (such as blogs or discussion groups), testimonials and opinions from other individuals, including, but not limited to, users of our Website, manufacturers and service providers, and other industry professionals. You understand and agree that such advertisements, user-contributed materials, testimonials, and opinions are considered those of the individual that gave them and in no way represent a warranty of our Website and/or Software. Furthermore, you understand and agree that www.teamhively.com is no way liable for the content and your reliance on it of any such advertisements, user-contributed materials, testimonials, and opinions.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Software, including without limitation any Content, that:
You agree to indemnify www.teamhively.com and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or the use of our Website and Software.
If we cannot amicably resolve any legal dispute or damage claim that should arise from your interactions with our Website and/or teamhively.com you agree to resolve any such dispute or damage claim by arbitration. The arbitration proceeding shall be conducted in Portland, Oregon in accordance with the rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of both you and teamhively.com. If we cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator from the National Panel of Arbitrators. The laws of the State of Oregon shall apply to the arbitration proceedings. You agree that the arbitrator cannot award punitive damages to either of us and agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
You agree that the laws of the State of Oregon are to be used with regards to any interactions with our Website and/or Software as well as with Hively, Inc.
If you have a question about this User Agreement, please email our customer service department (firstname.lastname@example.org).