Hone is a technology and software company that creates training products for various professions focused on emergency medical treatment, training to improve medical diagnoses and education applicable to other healthcare related fields. Products are for personal, educational purposes only, not for the diagnosis, treatment, or management of patients. Products may be in the form of mobile applications, websites, virtual reality cases, and applications, or as another digital platform. Hone is intended for use by healthcare industry professionals or persons studying to obtain certification(s) in the healthcare field.
PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING ANY APPS OR USING THE SERVICES. USING THE SERVICES OR DOWNLOADING THE APPS INDICATES THAT YOU HAVE READ AND THAT YOU HAVE ACCEPTED THESE TERMS. YOU CANNOT USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT, AS FURTHER SPECIFIED HEREIN, HONE DOES NOT PROVIDE ANY MEDICAL SERVICES OR ADVICE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES OR ADVICE THAT YOU MAY OBTAIN THROUGH THE SITE AND/OR THE SERVICES.
NOTE: THESE TERMS CONTAIN DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT SERVE TO LIMIT YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES THAT MAY ARISE BETWEEN YOU AND HONE. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Hone may alter the Materials and Services We offer to You and/or choose to modify, suspend or discontinue the Services at any time and without notifying You. Hone may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Hone commits to informing You of any material modifications to these Terms by posting them on the Site or in the Apps, and, if You have registered with Hone, We may also notify you by emailing you at the email address that You provide during registration or by providing us with an update notice within the Apps. To ensure that Hone is able to properly reach Your email inbox, please advise Hone of any change to Your preferred email address (after Your registration).
If You object to any such modifications, Your sole recourse shall be to cease using the Services. Continued use of Hone’s Services following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Services. These expressly-designated legal notices or terms are incorporated into these Terms and supersede (any of the provision(s) of) these Terms (that are designated as being superseded).
To use the Services, You must be at least 18 years of age and either a health care professional or a student studying for a career within a health care profession. By using the Services, You promise that You are not less than 18 years of age and (a student studying for a career as) a health care professional. We may verify your personal information to ensure you are a healthcare professional using 3rd party healthcare databases.
If You qualify to use the Services, Hone also invites You to use the Services for individual, personal purposes (“Permitted Purposes”).
As stated above, in these Terms Hone is granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; Your right to use the Materials is conditioned on Your compliance with these Terms. You have no other rights in the Services or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Materials in any manner. If You make copies of any of the Services while engaging in Permitted Purposes, You are required to (and We formally request that you) ensure to maintain on any and all such copies all of Hone’s copyright and other proprietary notices as they appear on the Services.
If You breach any of these Terms, the license granted by Hone will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof).
We make available Apps to access the Services via a mobile device (e.g., smartphone or tablet). To use the Apps, You must have a mobile device that is compatible with the Apps (at this time, either via an Apple iOS or Android device). We do not warrant that the Apps will be compatible with Your mobile device. We hereby grant to You a non-exclusive, non-transferable, revocable license to use one object code copy of the Apps per mobile device owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Apps; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Apps to any third-party or use the Apps to provide time sharing or similar services for any third-party; (iii) make any copies of the Apps; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Apps, features that prevent or restrict use or copying of any content accessible through the Apps, or features that enforce limitations on use of the Apps; or (v) delete the copyright and other proprietary rights notices on the Apps.
You hereby acknowledge that Hone may from time to time issue upgraded versions of the Apps, and may automatically electronically upgrade the version of the Apps that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Apps or any copy thereof, and both Hone and Hone’s third-party licensors or suppliers (as may be applicable) retain all right title, and interest in and to the Apps (and any copy of the Apps).
Standard carrier data charges may apply to Your use of the Apps.
The following additional terms and conditions apply with respect to any Apps that We provide to You designed for use on an Apple iOS-powered mobile device (an “iOS App”):
• You acknowledge that these Terms are only binding between You and Hone, and not with Apple, Inc. (“Apple”).
• Your use of the Hone iOS Apps must comply with Apple’s then-current Apps Store Terms of Service.
• We, and not Apple, are solely responsible for the Hone iOS Apps and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to Hone iOS Apps. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Hone iOS Apps.
• You agree that We, and not Apple, are responsible for addressing any claims by You or any third-party relating to Hone’s iOS Apps or Your possession and/or use of Hone’s iOS Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Hone as provider of the iOS Apps.
• You agree that We, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to Hone’s iOS Apps or Your possession and use of Hone iOS Apps.
• You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
• You agree to comply with all applicable third-party terms of agreement when using Hone iOS Apps (e.g., You must not be in violation of Your wireless data service terms of agreement when using the iOS Apps).
• The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to Your license of Hone iOS Apps. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as they relate to Your license of the iOS Apps as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Apps that We provide to You designed for use on an Android-powered mobile device (an “Android App”):
• You acknowledge that these Terms are between You and Hone only, and not with Google, Inc. (“Google”).
• Your use of Hone Android Apps must comply with Google’s then-current Android Market Terms of Service.
• Google is only a provider of the Android Market where You obtained the Android Apps. We, and not Google, are solely responsible for Hone Android Apps and the Services and Content available thereon. Google has no obligation or liability to You with respect to Hone Android Apps or these Terms.
• You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Hone Android Apps.
The following additional terms and conditions apply with respect to any Apps that We provide to You designed for use on an Android-powered mobile device and obtained from the Amazon App Store (an “Amazon Android App”):
• You acknowledge that these Terms are between You and Hone only, and not with Amazon.com, Inc. (“Amazon”).
USING THE SERVICES
If You want an account with Hone, You must register with us, submitting your email, name, password, and profession, and other required information or login with us through Doximity or a similar 3rd-party service. You may also provide additional, optional information (such as affiliated hospitals) so that Hone can provide You with a more customized experience when using the Services. To be clear, We leave that decision to You. Once You submit the required registration information, Hone has the sole right to determine whether or not to approve Your proposed account. For so long as You use the account, You agree to provide true, accurate, current, and complete information which can be accomplished by logging into Your account and making relevant changes directly or contacting Hone using the below contact information so that We can make the changes for You. If You forget Your password, Hone can send a password update to Your provided email address.
You are responsible for complying with these Terms when You access the Services, whether directly or through any account that You may setup through or on the Services. Because it is Your account, it is Your job to obtain and maintain all equipment and other items needed for access to and use of the Services as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s), including any password of a third-party site that Hone may allow You to use to access the Services. Should You believe Your password or security for The Services has been breached in any way, You must immediately notify Hone.
You agree to pay all applicable fees related to Your use of the Services (Hone’s Services being described fully on the Hone website). We may suspend or terminate Your account and/or access to Hone Services and the Services if Your payment is late and/or Your offered payment method (e.g., credit card or PayPal account) cannot be processed. By providing a payment method, You expressly authorize Hone to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on Your particular membership and utilized services.
We understand that You may elect to cancel your Hone account, but please know that Hone will not provide any refund(s) and You will be responsible for paying any balance due on the account. For ease of accounting for fees owing, You agree that Hone may charge any unpaid fees to Your offered payment method and/or send You a bill for such unpaid fees.
LINKS TO THIRD-PARTY SITES
Hone believes that the use of links can be convenient, and We sometimes provide links on our Services to third-party websites. If You use these links, You will leave the Services. We are not obligated to review any third-party websites that You link to from the Services, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from the Services, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of the Services may allow You to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit Your activities on the Services to be shared with Your contacts in your third-party site account.
Certain areas of the Services (e.g., blogs, chat rooms or customer ratings and review areas) may permit You to submit feedback, information, data, text, software, messages, or other materials (each, a “User Submission”). You agree that You are solely responsible for all of Your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, We do not guarantee that You will be able to edit or delete any User Submission You have submitted. YOU MAY NOT SUBMIT OR POST ANY IDENTIFIABLE PATIENT INFORMATION TO THE SERVICES. YOU MAY NOT POST ANY COPYRIGHTED, TRADEMARKED, OR CONFIDENTIAL INFORMATION OF ANY THIRD PARTY TO OUR SITE, OUR APPS OR THE SERVICES.
By submitting any User Submission, You are promising Hone that:
• You own all rights in Your User Submissions (including, without limitation, all rights to the reproduction and display of Your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to Hone the rights in Your User Submissions as described in these Terms;
• You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Submissions;
• Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
• You voluntarily agree to waive all “moral rights” that You may have in Your User Submission;
• Any information contained in Your User Submission is not known by You to be false, inaccurate, or misleading;
• Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
• Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
• You were not and will not be compensated or granted any consideration by any third party for submitting Your User Submission;
• Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than Your own);
• Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
• Your User Submission does not contain any information that You consider confidential, proprietary, or personal; and
• Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a User Submission, You grant to Hone an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sub-licensable through multiple tiers) to:
• Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
• Use (and permit others to use) Your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Hone deems appropriate in Hone’s sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
• Display advertisements in connection with Your User Submissions and to use Your User Submissions for advertising and promotional purposes. If you interact with content labeled sponsored, advertisement, information for industry, or similar term, your name, medical specialty, and public information about your professional practice may be forwarded to that advertiser (does not include email address). Your email address is private and not shared with third parties or ever sold.
We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Services through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through the Services and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, You agree that We may freely disclose Your User Submission to any third party absent any obligation of confidence on the part of the recipient.
Hone authorizes Your use of the Services only for Permitted Purposes. Any other use of the Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Services. This is because as between You and Hone, all rights in the Services remain the property of Hone.
Unauthorized use of the Services may result in a violation of various Canadian, United States and international copyright laws. Examples of things you should avoid (unless You have written permission from Hone stating otherwise) would include using the Services in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):
• For any public or commercial purpose which includes use of the Services on another site or through a networked computer environment;
• In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Materials or Services;
• In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
• To stalk, harass, or harm another individual;
• To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
• To interfere with or disrupt the Services or servers or networks connected to the Services;
• To use any data mining, robots, or similar data gathering or extraction methods in connection with the Services; or
• Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means.
You agree to hire attorneys to defend Hone if You violate these Terms and that violation results in any problem(s) for Hone. You also agree to pay any damages that Hone may end up having to pay as a result of Your violation(s). You alone are responsible for any violation of these Terms by You. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Hone’s defense of such claim.
Hone has applied for and holds various trademarks. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any trademarked or copyrighted material is strictly prohibited without Hone’s express written consent. Other trademarks, names and logos on the Services are the property of their respective owners and cannot be used without the consent of the other copyright or trademark owner.
For purposes of clarity, unless otherwise specified all content and intellectual property, including the arrangement of them on the Services are the sole property of Hone. Copyright © 2019.
INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of the Services, please provide written notice to Hone’s Agent for notice of claims of infringement:
Attn: Hone Legal Affairs
To be sure the matter is handled immediately, Your written notice must:
• Contain Your physical or electronic signature;
• Identify the copyrighted work or other intellectual property alleged to have been infringed;
• Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;
• Contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address);
• Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
• Contain a statement that the information in the written notice is accurate; and
• Contain statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We will notify You that Hone has removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Hone’s Agent with a written counter-notification that includes the following information:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in Hone’s sole discretion, to terminate the account or access of any user of the Services or Service who is the subject of repeated DMCA or other infringement notifications.
DISCLAIMER OF WARRANTIES
THIS WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, We make no warranty that the Services will meet Your requirements or that the Services will be uninterrupted, timely, secure, or error free or that defects in the Services will be corrected. We make no warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services. No advice or information, whether oral or written, obtained by You through the Services or from Hone or Hone’s subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
LIMITATION OF LIABILITY
HONE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. In no event shall Hone’s total liability to You for any and all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred ($100.00) Canadian dollars. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
LOCAL LAWS; EXPORT CONTROL
The Services are provided (and controlled) from Hone’s headquarters located in Alberta Canada, and the entirety of Hone’s Services may not be available for use in other locations. Furthermore, the entirety of Hone’s Services may not be appropriate for use in other locations. If You use the Services outside either Canada or the United States of America, You are solely responsible for following applicable local laws.
Any submissions by You to Hone (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Hone shall be free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Hone is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER
Please Read This Provision Carefully. It Affects Your Legal Rights.
This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Hone. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Hone licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Hone in the same proceeding.
This Provision provides that all disputes between You and Hone shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury. Hone prefers this because We believe arbitration is more efficient and effective for all parties in commercial disputes than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including reasonable legal fees). You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). YOU HEREBY AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, You must first provide Hone with a reasonable opportunity to resolve the Dispute which is first done by emailing to Hone at email@example.com the following information: (1)Your name, (2) Your address, (3) A written description of Your Claim, and (4) A description of the specific relief You seek. If Hoes is unable to resolve the Dispute within 45 days after receiving Your notification, than You may pursue Your Dispute in arbitration. You may pursue Your dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, Hone or You may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing Hone at firstname.lastname@example.org the following information: (1) Your name; (2) Your address; (3) A clear statement that You do not wish to resolve disputes with Hone through arbitration. Any decision by You to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Hone. Hone does have to enforce the Opt-Out Deadline so keep in mind that any opt-out request sent by You to Hone and received by Hone after the Opt-Out Deadline will not be valid and You must then pursue Your dispute either by arbitration or small claims court.
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or Hone may initiate arbitration proceedings. These proceedings will be held in Calgary, Alberta, Canada if You are either (a) a resident of Canada, or (b) not a Canadian resident but You elect to proceed with arbitration in Canada. Any such arbitration in Alberta will be conducted in accordance with the Alberta Arbitration Act, as amended from time to time, before a single arbitrator.
If you are a resident of the United States of America and do not elect to proceed with arbitration in Canada, the American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator.
Any arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
If You are a resident of the United States and have elected to proceed with arbitration of a dispute with Hone within the United States, because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or We may initiate arbitration in either Nevada or the federal judicial district that includes Your billing address. In the event that You select the latter, We may transfer the arbitration to Nevada so long as We agree to pay any additional fees or costs which the arbitrator determines You incur as a result of the transfer.
Payment of Arbitration Fees and Costs – So long as You place a request in writing prior to commencement of the arbitration, We will pay all arbitration fees and associated costs and expenses. But, You will still be responsible for all additional fees and costs that You incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with Hone as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable legal fees and costs as may be determined, and awarded to You, by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both You and Hone specifically agree to do so following initiation of the arbitration. If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You. Neither You, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by accepting this Provision in these Terms, You and Hone both waive any right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and Hone might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
This Provision shall survive the termination of Your account with Hone or Hone’s affiliates and Your discontinued use of the Services. Notwithstanding any provision in this Agreement to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Hone to adhere to the language in this Provision if a dispute between Hone arises.
Hone believes that direct communications resolve most issues – if Hone believes that You are not complying with these Terms, We will endeavour to tell You. In such circumstances, We will even provide You with recommended necessary corrective action(s) because We value this relationship.
However, if Hone determines that there have been certain violations of these Terms, Hone may elect to immediately terminate Your access to the Services without prior notice to You. The laws of the Province of Alberta, the Federal Laws of Canada applicable in Alberta, Canada, without regard to the choice or conflicts of law provisions, will govern these Terms. U.S. and other foreign laws do not apply unless expressly stated within these Terms. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Services will be heard in the courts located in Calgary, Alberta, Canada. If You are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, Hone is explicitly not waiving any of Hone’s rights. These Terms are the entire agreement between You and Hone and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between You and Hone about the Services. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If You have any questions about these Terms or otherwise need to contact Hone for any reason, You can reach Hone at email@example.com.
The Hone CUE Recognition App will soon be available on the App Store for early adopters. When it is available - you will be able to download it via the link below.