Last Modified: February 27, 2024
Welcome to HiveGPT LLC. Please read below to learn the rules and restrictions that govern your use of our website(s), product(s), service(s) and application(s) (the “Services”). If you have any questions, comments, or concerns regarding these Terms of Use or the Services, please contact us at:
Email: support@hivegpt.ai
The following Terms of Use and conditions, together with any documents or policies they expressly incorporate by reference (collectively, the "Terms of Use"), govern your access to and use of the www.HiveGPT.ai, including any content, functionality, and services offered on orthrough www.HiveGPT.ai (the "Website"), whether as a guest or a registered user. The Website is owned and operated by HiveGPT LLC. The term “HiveGPT”, “us,”“we” or “our” refers to HiveGPT LLC, the owner and operator of this Site.Please read the Terms of Use carefully before you start to use the Website. Byusing the Website, you accept and agree to be bound and abide by these Terms ofUse and our Privacy Policy, found at DATA CONTROLLER PRIVACY POLICY[AP1] [incorporated herein by reference]. If you do not want to agree to these Terms of Use or the Privacy Policy, you mustn't access or use the Website.
Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms of Use”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms of Use.
Please read these Terms of Use carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms of Use include information about future changes to these Terms of Use, automatic renewals,limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS OF USE; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
This Website is offered and available to users 13 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Us and meet all the foregoing eligibility requirements. If you do not meet these requirements,you must not access or use the Website.
We are constantly trying to improve our Website and Services, so these Terms of Use and the Additional Terms of Use may need to change along with our Website and Services.
We may revise and update these Terms ofUse from time to time in our sole discretion. All changes are effectiveimmediately when we post them and apply to all access to and use of the Websitethereafter. However, any changes to the dispute resolution provisions set outin Governing Law and Jurisdiction will not apply to any disputes for which theparties have actual notice on or before the date the change is posted on theWebsite. Your continued use of the Website following the posting of revisedTerms of Use means that you accept and agree to the changes. You are expectedto check this page from time to time so you are aware of any changes, as theyare binding on you. Except for changes by Us as described here, no otheramendment or modification to these Terms of Use will be effective unless inwriting and signed by both you and Us.
HiveGPT LLC takes the privacy of itsusers very seriously. For the current HiveGPT LLC Privacy Policy, please click here[AP2] for the current HiveGPT LLC PlatformPrivacy Policy,please click here.[AP3] The Children’s Online Privacy Protection Act(“COPPA”) requires that online service providers obtain parental consent beforethey knowingly collect personally identifiable information online from childrenwho are under thirteen (13). We do not knowingly collect or solicit personallyidentifiable information from children under thirteen (13); if you are a childunder thirteen (13), please do not attempt to register for or otherwise use theWebsite or Services or send us any personal information. If we learn we havecollected personal information from a child under thirteen (13), we will deletethat information as quickly as possible. If you believe that a child underthirteen (13) may have provided us personal information, please contact us at support@hivegpt.ai
The Website and its entire contents,features, and functionality (including but not limited to all information,software, text, displays, images, video, and audio, and the design, selection,and arrangement thereof) are owned by HiveGPT LLC, its licensors, or otherproviders of such material and are protected by United States and internationalcopyright, trademark, patent, trade secret, and other intellectual property orproprietary rights laws.
We respect others’ intellectualproperty rights, and we reserve the right to delete or disable Content allegedto be infringing, and to terminate the accounts of repeat alleged infringers.
HiveGPT’s name, the Terms of Use, the HiveGPTlogo, and all related names, logos, product and service names, designs, andslogans are trademarks of HiveGPT or its affiliates or licensors. You must notuse such marks without our prior written permission. All other names, logos,product and service names, designs, and slogans on this Website are thetrademarks of their respective owners.
With exception to materials provided toHiveGPT pursuant to a written agreement containing applicable confidentialityprovisions, any comments, feedback, ideas, suggestions, data, questions,information, or materials submitted to Us through the Services by any means(“User Materials”) are not confidential. By submitting User Materials, yougrant HiveGPT a worldwide, royalty-free, irrevocable, fully paid-up,transferable license to copy, reproduce, publish, upload, post, transmit,distribute, publicly display, perform, modify, create derivative works from,and otherwise freely use, the User Materials, including, without limitation, topromote, market and provision the Services and to contact you regarding theServices. You shall be solely responsible for your User Materials and theconsequences of uploading, posting, submitting, transmitting, or distributingthem. You agree that you will not upload, post, submit, transmit, distribute orotherwise make available in the Services: (i) any falsehoods or misrepresentationsthat could damage HiveGPT or any third party; or (ii) any material which isunlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive,profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful,or otherwise objectionable, or which encourages conduct that would beconsidered a criminal offense, give rise to civil liability, violate any law orany right of privacy or publicity, or is otherwise inappropriate.
You may be required to sign up for anaccount, select a password and username (“HiveGPT User ID”), and provide uswith certain information or data, such as your contact information. You promiseto provide us with accurate, complete, and updated registration informationabout yourself. You may not select as your HiveGPT User ID a name that you donot have the right to use, or another person’s name with the intent toimpersonate that person. You may not transfer your account to anyone elsewithout our prior written permission.
You represent and warrant that you arean individual of legal age to form a binding contract (or if not, you’vereceived your parent’s or guardian’s permission to use the Services and havegotten your parent or guardian to agree to these Terms of Use on your behalf).If you’re agreeing to these Terms of Use on behalf of an organization orentity, you represent and warrant that you are authorized to agree to theseTerms of Use on that organization’s or entity’s behalf and bind them to theseTerms of Use (in which case, the references to “you” and “your” in these Termsof Use, except for in this sentence, refer to that organization or entity). If there is a dispute between two or more persons or entities as to accountownership, HiveGPT will have the power (but not the obligation) to be the sole arbiter of that dispute and HiveGPT's decision (which may include terminationor suspension of the account) will be final and binding.
You will only use the Services for yourown internal, personal use, and not on behalf of or for the benefit of anythird party, and only in a manner that complies with all laws that apply toyou. If your use of the Services is prohibited by applicable laws, you are notauthorized to use them. We cannot and won’t be responsible for you using theServices in a way that violates the law.
You will not share your HiveGPT UserID, account, or password with anyone, and you must protect the security of yourHiveGPT User ID, account, password and any other access tools or credentials.You are and will be held responsible for any activity associated with your HiveGPTUser ID and account. You agree to immediately notify HiveGPT of anyunauthorized use of your password or account or any other breach of security. HiveGPTwill not be liable for any loss or damage arising from your failure to complywith this Section.
HiveGPT may provide you with the rightto use a sub-domain or map your domain to our Site (e.g., [sub-domain prefix]. HiveGPT.comor [sub-domain prefix]. [Yourdomain.com) for a given event (a “Sub-Domain” or“Domain Mapping”). All Sub Domains or Domain Mappings are the sole property of HiveGPTand we reserve the right to determine the appearance, design, functionality andall other aspects of Sub Domains or Domain Mappings. In the event HiveGPTprovides you with access to a Sub-Domains or Domain Mappings, your right to usesuch Sub-Domains or Domain Mappings will continue only for so long as yourevent is actively selling on the Services, and you are in compliance with theTerms of Use.
HiveGPT connects those providingconferences and related services (“Organizers”) and those looking to attendthose conferences and/or receive those services (“Attendees”). Attendees alsoinclude individuals who may present at or otherwise contribute content to suchconferences (“Presenters”). When we use the word “you” in these Terms of Use,it refers to any user, regardless of whether he or she is an Organizer,Attendee or Presenter, while if we use one of those specific Terms of Use, itonly applies to that category of user.
Before attending any conference orreceiving any services from any Organizer (“Organizer Services”), Attendees areresponsible for making their own determinations that the Organizer is suitable.HiveGPT is only responsible for connecting Organizers and Attendees and can’tand won’t be responsible for making sure that Organizer Services are actuallyprovided or are up to a certain standard of quality. HiveGPT similarly, can’tand won’t be responsible for ensuring that information (including credentials)an Attendee or Organizer provides about himself or herself is accurate or up todate. We do not control the actions of any Attendee or Organizer, andOrganizers are not our employees.
Organizers are not employees, partners,representatives, agents, joint venturers, independent contractors orfranchisees of HiveGPT. HiveGPT is not the creator, organizer or owner of theOrganizer Services, does not offer the Organizer Services and does not employindividuals to perform the Organizer Services. Rather, HiveGPT’s Services allowOrganizers to manage and promote the Organizer Services. You hereby acknowledgethat HiveGPT does not supervise, direct, control or monitor the OrganizerServices and expressly disclaims any responsibility and liability for theOrganizer Services, including but not limited to any warranty or condition ofgood and workmanlike services, warranty or condition of quality or fitness fora particular purpose, or compliance with any law, regulation, or code, all ofwhich are the responsibility of Organizer.
Attendees and Organizers must not enterinto separate agreements outside of HiveGPT relating to Organizer Services(“Outside Agreements”). If you do enter into any Outside Agreement, we mayterminate your HiveGPT account, and you acknowledge that HiveGPT is not a partyto and isn’t responsible for enforcing any Outside Agreement. Additionally, ifan Organizers enter any contract or agreement with any third party relating toOrganizer Services (including without limitation, with any vendors, sponsors,advertisers, recruiters, etc.), HiveGPT is not a party to, isn’t responsiblefor enforcing, and will have no liability relating to, any such contract oragreement.
As part of the Services, you mayreceive communications through the Services, including messages that HiveGPTsends you (for example, via email or SMS). When signing up for the Services,you will receive a welcome message and instructions on how to stop receivingmessages. By signing up for the Services and providing us with your wirelessnumber, you confirm that you want HiveGPT to send you information that we thinkmay be of interest to you, which may include HiveGPT using automated dialingtechnology to text you at the wireless number you provided, and you agree toreceive communications from HiveGPT, and you represent and warrant that eachperson you register for the Services or for whom you provide a wireless phonenumber has consented to receive communications from HiveGPT You agree toindemnify and hold HiveGPT harmless from and against any and all claims,liabilities, damages (actual and consequential), losses and expenses (includingattorneys’ fees) arising from or in any way related to your breach of theforegoing.
You represent, warrant, and agree thatyou will not contribute any Content or User Submission (each of those Terms ofUse is defined below) or otherwise use the Services or interact with theServices in a manner that:
The materials displayed or performed oravailable on or through the Website and/or Services, including, but not limitedto code, text, graphics, videos, information, software, sound, data, articles,photos, images, illustrations, User Submissions (as defined below) and so forth(collectively the “Content”) are protected by copyright and/or otherintellectual property laws. You promise to abide by all copyright notices,trademark rules, information, and restrictions contained in any Content youaccess through the Services, and you won’t use, copy, reproduce, modify,translate, publish, broadcast, transmit, distribute, perform, upload, display,license, sell, commercialize or otherwise exploit for any purpose any Contentnot owned by you, (i) without the prior consent of the owner of that Content or(ii) in a way that violates someone else’s (including HiveGPT's) rights.
Subject to these Terms of Use, we granteach user of the Services a worldwide, non-exclusive, non-sublicensable andnon-transferable license to use (i.e., to download and display locally) contentsolely for purposes of using the Services. Use, reproduction, modification,distribution, or storage of any Content for any purpose other than using theServices is expressly prohibited without prior written permission from us. Youunderstand that HiveGPT owns the Services. You will not modify, publish,transmit, participate in the transfer or sale of, reproduce (except asexpressly provided in this Section), create derivative works based on, orotherwise exploit any of the Services. The Services may allow you to copy ordownload certain Content, but please remember that even where thesefunctionalities exist, all the restrictions in this section still apply. Inaddition, the Services may provide functionality that takes User Submissions(as defined below), and applies certain modifications, formatting, or otherenhancements to those User Submissions. For example, an Organizer and/orPresenter may use the Services to format certain presentation content fordisplay on the Services. The output and results of such functionality orresulting from any other use of the Services shall be considered “Content”, andsubject to all the restrictions herein relating to Content. Without limitingthe foregoing, you may not access, download, or use any User Submission ofanother user or any Content for use with any service, technology, or platformother than the Services.
Anything you post, upload, share,store, or otherwise provide through the Services is your “User Submission”.Some User Submissions may be viewable by other users. You are solelyresponsible for all User Submissions you contribute to the Services. Yourepresent that all User Submissions submitted by you are accurate, complete,up-to date, and in compliance with all applicable laws, rules, and regulations.You agree that you will not post, upload, share, store, or otherwise providethrough the Services any User Submissions that: (i) infringe any third party'scopyrights or other rights (e.g., trademark, privacy rights, etc.); (ii)contain sexually explicit content or pornography; (iii) contain hateful,defamatory, or discriminatory content or incite hatred against any individualor group; (iv) exploit minors; (v) depict unlawful acts or extreme violence;(vi) depict animal cruelty or extreme violence towards animals; (vii) promotefraudulent schemes, multi-level marketing (MLM) schemes, get rich quickschemes, online gaming and gambling, cash gifting, work from home businesses,or any other dubious money-making ventures; or (viii) that violate any law.
To display your User Submissions on theServices, and to allow other users to enjoy them (where applicable), you grantus certain rights in those User Submissions (see below for more information).Please note that all the following licenses are subject to our Privacy Policyto the extent they relate to User Submissions that are also your personallyidentifiable information.
For all User Submissions, you herebygrant HiveGPT LLC a license to translate, modify (for technical purposes, forexample, making sure your content is viewable on a mobile device as well as acomputer) and reproduce and otherwise act with respect to such UserSubmissions, in each case to enable us to operate the Services, as described inmore detail below. This is a license only – your ownership in User Submissionsis not affected. If you store a User Submission in your own personal HiveGPTLLC account, in a manner that is not viewable by any other user except you (a“Personal User Submission”), you grant HiveGPT LLC the license above, as wellas a license to display, perform, and distribute your Personal User Submissionfor the sole purpose of making that Personal User Submission accessible to youand providing the Services necessary to do so. If you share a User Submissionin a manner that only certain specified users can view (for example, a privacymessage to one or more other users) (a “Limited Audience User Submission”),then you grant HiveGPT the licenses above, as well as a license to display,perform, and distribute your Limited Audience User Submission for the solepurpose of making that Limited Audience User Submission accessible to suchother specified users, and providing the Services necessary to do so. Also, yougrant such other specified users a license to access that Limited Audience UserSubmission, and to use and exercise all rights in it, as permitted by thefunctionality of the Services. If you share a User Submission publicly on theServices and/or in a manner that more than just you or certain specified userscan view, or if you provide us (in a direct email or otherwise) with anyfeedback, suggestions, improvements, enhancements, and/or feature requestsrelating to the Services (each of the foregoing, a “Public User Submission”),then you grant HiveGPT the licenses above, as well as a license to display,perform, and distribute your Public User Submission for the purpose of makingthat Public User Submission accessible to all HiveGPT users and providing theServices necessary to do so, as well as all other rights necessary to use andexercise all rights in that Public User Submission in connection with theServices and/or otherwise in connection with HiveGPT's business. Also, yougrant all other users of the Services a license to access that Public UserSubmission, and to use and exercise all rights in it, as permitted by thefunctionality of the Services. You agree that the licenses you grant areroyalty-free, perpetual, sublicensable, irrevocable, and worldwide, but youunderstand and agree that it may not be possible to completely delete thatcontent from HiveGPT's records, and that your User Submissions may remainviewable elsewhere to the extent that they were copied or stored by otherusers. Certain features of the Services allow you to share information withothers, including through your Social Networking Services or other serviceswhere you have an account (“Third Party Accounts”). When Content is authorizedfor sharing, we will clearly identify the Content you are authorized toredistribute and the ways you may redistribute it, usually by providing a“share” button on or near the Content. If you share information from theServices with others through your Third-Party Accounts, such as your SocialNetworking Services, you authorize HiveGPT to share that information with theapplicable Third-Party Account provider. Please review the policies of anyThird-Party Account providers you share information with or through foradditional information about how they may use your information. If youredistribute Content, you must be able to edit or delete any Content youredistribute, and you must edit or delete it promptly upon our request.Finally, you understand and agree that HiveGPT, in performing the requiredtechnical steps to provide the Services to our users (including you), may needto make changes to your User Submissions to conform and adapt those UserSubmissions to the technical requirements of connection networks, devices,services, or media, and the foregoing licenses include the rights to do so.
Any information or Content publiclyposted or privately transmitted through the Website and/or Services is the soleresponsibility of the person from whom such Content originated, and you accessall such information and Content at your own risk, and we aren’t liable for anyerrors or omissions in that information or Content or for any damages or lossyou might suffer in connection with it. We cannot control and have no duty totake any action regarding how you may interpret and use the Content or what actionsyou may take as a result of having been exposed to the Content, and you herebyrelease us from all liability for you having acquired or not acquired Contentthrough the Services. We cannot guarantee the identity of any users with whomyou interact in using the Services and are not responsible for which users gainaccess to the Services. You are responsible for all Content you contribute, inany manner, to the Website and Services, and you represent and warrant you haveall rights necessary to do so, in the manner, in which you contribute it. TheWebsite and Services may contain links or connections to third-party websitesor services that are not owned or controlled by HiveGPT. HiveGPT has no controlover such sites and resources and HiveGPT is not responsible for and does notendorse such sites and resources. You further acknowledge and agree that HiveGPTwill not be responsible or liable, directly or indirectly, for any damage orloss caused or alleged to be caused by or in connection with use of or relianceon any content, events, goods or services available on or through any such siteor resource. Any dealings you have with third parties found while using theService are between you and the third party. When you access third-partywebsites or use third-party services, you accept that there are risks in doingso, and that HiveGPT is not responsible for such risks. HiveGPT has no controlover, and assumes no responsibility for, the content, accuracy, privacypolicies, or practices of or opinions expressed in any third-party websites orby any third party that you interact with through the Services. In addition, HiveGPTwill not and cannot monitor, verify, censor, or edit the content of anythird-party site or service. We encourage you to be aware when you leave theServices and to read the Terms of Use and conditions and privacy policy of eachthird-party website or service that you visit or utilize. By using theServices, you release and hold us harmless from all liability arising from youruse of any third-party website or service. Your interactions with organizationsand/or individuals found on or through the Services, including payment anddelivery of goods or services, and any other Terms of Use, conditions,warranties or representations associated with such dealings, are solely betweenyou and such organizations and/or individuals. You should make whateverinvestigation you feel necessary or appropriate before proceeding with anyonline or offline transaction with any of these third parties. You agree that HiveGPTshall not be responsible or liable for any loss or damage of any sort incurredas the result of any such dealings.
If there is a dispute betweenparticipants on this Website or Services, or between users and any third party,you acknowledge and agree that HiveGPT is under no obligation to becomeinvolved. In the event that you have a dispute with one or more other users,you release HiveGPT, its directors, officers, employees, contractors, advisors,agents, and successors from loss, expenses, claims, demands, and damages ofevery kind or nature, known or unknown, suspected or unsuspected, disclosed orundisclosed, arising out of or in any way related to such disputes and/or ourServices. You shall and hereby do waive California Civil Code Section 1542 orany similar law of any jurisdiction, which says in substance: “A generalrelease does not extend to claims that the creditor or releasing party does notknow or suspect to exist in his or her favor at the time of executing therelease and that, if known by him or her, would have materially affected his orher settlement with the debtor or released party.”
You may enable or log in to the Servicevia various online third-party services, such as social media and socialnetworking services like Facebook or Twitter (“Social Networking Services”). Bylogging in or directly integrating these Social Networking Services into theService, we make your online experiences richer and more personalized. To takeadvantage of this feature and capabilities, we may ask you to authenticate,register for or log into Social Networking Services on the websites of theirrespective providers. As part of such integration, the Social NetworkingServices will provide us with access to certain information that you haveprovided to such Social Networking Services, and you agree that we may use,store and disclose such information in accordance with our Data ControllerPrivacy Policy and Platform Privacy Policy. For more information about theimplications of activating these Social Networking Services and HiveGPT’s use,storage and disclosure of information related to you and your use of suchservices within HiveGPT (including your networking lists and the likes), pleasesee our Data Controller Privacy Policy and Platform Privacy Policy. However,please remember that the manner in which Social Networking Services use, storeand disclose your information is governed solely by the policies of such thirdparties, and HiveGPT shall have no liability or responsibility for the privacypractices or other actions of any third-party site or service that may beenabled within the Service. In addition, HiveGPT is not responsible for theaccuracy, availability or reliability of any information, content, goods, data,opinions, advice, or statements made available in connection with SocialNetworking Services. As such, HiveGPT is not liable for any damage or losscaused or alleged to be caused by or in connection with use of or reliance onany such Social Networking Services. HiveGPT enables these features merely as aconvenience and the integration or inclusion of such features does not imply anendorsement or recommendation.
The Services may be free, or we maycharge a fee for using the Services. If you are using a free version of theServices, we will notify you before any Services you are then using begincarrying a fee, and if you wish to continue using such Services, you must payall applicable fees for such Services. Note that if you elect to receive textmessages through the Services, data and message rates may apply. All suchcharges, fees or costs are your sole responsibility. You should consult withyour wireless carrier to determine what rates, charges, fees, or costs mayapply to your use of the Services.
You’re free to suspend or terminate theServices at any time by contacting us at support@hivegpt.ai; please refer to our Data ControllerPrivacy Policy, as well as the licenses above, to understand how we treatinformation you provide to us after you have stopped using our Services. HiveGPTis also free to terminate (or suspend access to) your use of the Services oryour account for any reason in our discretion, including your breach of theseTerms of Use. HiveGPT has the sole right to decide whether you are in violationof any of the restrictions set forth in these Terms of Use; for example, anAttendee who believes that an Organizer may be in breach of these Terms of Useis not able to enforce these Terms of Use against that Organizer. Accounttermination may result in the destruction of any Content associated with youraccount, so keep that in mind before you decide to terminate your account. Wewill use reasonable efforts to provide you with notice of our termination ofyour access to the Services, where, in HiveGPT's sole discretion, failure to doso would materially prejudice you. You agree that HiveGPT will not be liable toyou or any third-party because of its termination of your right to use orotherwise access the Services. HiveGPT may also in its sole discretion and atany time discontinue providing the Service, or any part thereof, with orwithout notice. If you have deleted your account by mistake, contact usimmediately at support@hivegpt.ai – we will try to help, but unfortunately, we can’tpromise that we can recover or restore anything. Provisions that, by theirnature, should survive termination of these Terms of Use shall survivetermination. By way of example, all of the following will survive termination:any obligation you have to pay us or indemnify us, any limitations on ourliability, releases, disclaimers of warranties, any Terms of Use regardingownership or intellectual property rights, choices of law and judicial forum,and Terms of Use regarding disputes between us, including without limitationthe arbitration agreement.
Warranty Disclaimer. HiveGPT and its licensors, suppliers,partners, parent, subsidiaries or affiliated entities, and each of theirrespective officers, directors, members, employees, consultants, contractemployees, representatives and agents, and each of their respective successorsand assigns (HiveGPT and all such parties together, the “HiveGPT Parties”) makeno representations or warranties concerning the Services, including withoutlimitation regarding any Content contained in or accessed through the Services,and the HiveGPT Parties will not be responsible or liable for the accuracy,copyright compliance, legality, or decency of material contained in or accessedthrough the Services or any claims, actions, suits procedures, costs, expenses,damages or liabilities arising out of use of, or in any way related to yourparticipation in, the Services. The HiveGPT Parties make no representations orwarranties regarding suggestions or recommendations of services or productsoffered or purchased through or in connection with the Services, including anyOrganizer Services. THE SERVICES AND CONTENT ARE PROVIDED BY HIVEGPT (AND ITSLICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND,EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THAT USEOF THE SERVICES WILL BE UNINTERRUPTED OR ERRORFREE. SOME STATES DO NOT ALLOWLIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAYNOT APPLY TO YOU.
Limitation of Liability. TO THE FULLESTEXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGALTHEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OROTHERWISE) SHALL ANY OF THE HIVEGPT PARTIES BE LIABLE TO YOU OR TO ANY OTHERPERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIALDAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION,LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTERFAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, ANDSERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OROBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THESERVICE (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I)ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO HIVEGPTIN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THISAPPLICABLE CLAIM, (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOURTRANSMISSIONS OR DATA, (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THESERVICE, OR (F) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOTALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAINOTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify andhold the HiveGPT Parties harmless from and against any and all claims,liabilities, damages (actual and consequential), losses and expenses (includingattorneys’ fees) arising from or in any way related to any claims relating to(a) your use of the Website and/or Services (including any actions taken by athird party using your account), and (b) your violation of these Terms of Use.In the event of such a claim, suit, or action (“Claim”), we will attempt toprovide notice of the Claim to the contact information we have for your account(provided that failure to deliver such notice shall not eliminate or reduceyour indemnification obligations hereunder). Limitation on Time to File Claims.ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESETERMS OF USE OR THE WEBSITE OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEARAFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM ISPERMANENTLY BARRED.
Assignment. You may not assign,delegate or transfer these Terms of Use or your rights or obligationshereunder, or your Services account, in any way (by operation of law orotherwise) without HiveGPT's prior written consent. We may transfer, assign, ordelegate these Terms of Use and our rights and obligations without consent.
Choice of Law. These Terms of Use aregoverned by and will be construed under the Federal Arbitration Act, applicablefederal law, and the laws of the State of Washington, without regard to theconflicts of law’s provisions thereof.
Arbitration Agreement. Please read thefollowing ARBITRATION AGREEMENT carefully because it requires you to arbitratecertain disputes and claims with HiveGPT and limits the way you can seek relieffrom HiveGPT / Third Party Beneficiaries. Both you and HiveGPT acknowledge andagree that for the purposes of any dispute arising out of or relating to thesubject matter of these Terms of Use, HiveGPT's officers, directors, advisors,employees and independent contractors (“Personnel”) are third-partybeneficiaries of these Terms of Use, and that upon your acceptance of theseTerms of Use, Personnel will have the right (and will be deemed to have acceptedthe right) to enforce these Terms of Use against you as the third-partybeneficiary hereof.(a) Arbitration Rules; Applicability of ArbitrationAgreement. The parties shall use their best efforts to settle any dispute,claim, question, or disagreement arising out of or relating to the subjectmatter of these Terms of Use directly through good-faith negotiations, whichshall be a precondition to either party initiating arbitration. If suchnegotiations do not resolve the dispute, it shall be finally settled by bindingarbitration in KingCounty, Washington. [TS4] The arbitration will proceed in theEnglish language, in accordance with the JAMS Streamlined Arbitration Rules andProcedures (the “Rules”) then in effect, by one commercial arbitrator withsubstantial experience in resolving intellectual property and commercialcontract disputes. The arbitrator shall be selected from the appropriate listof JAMS arbitrators in accordance with such Rules. Judgment upon the awardrendered by such arbitrator may be entered in any court of competentjurisdiction. (b) Small Claims Court; Infringement. Either you or HiveGPTmay assert claims, if they qualify, in small claims court in King County,[TS5] Washington or any United States countywhere you live or work. Furthermore, notwithstanding the foregoing obligationto arbitrate disputes, each party shall have the right to pursue injunctive orother equitable relief at any time, from any court of competent jurisdiction,to prevent the actual or threatened infringement, misappropriation or violationof a party's copyrights trademarks, trade secrets, patents or otherintellectual property rights. (c) Waiver of Jury Trial.
YOU AND HIVEGPT WAIVE ANYCONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OFA JUDGE OR JURY. You and HiveGPT are instead choosing to have claims anddisputes resolved by arbitration. Arbitration procedures are typically morelimited, more efficient, and less costly than rules applicable in court and aresubject to extremely limited review by a court. In any litigation between youand HiveGPT over whether to vacate or enforce an arbitration award, YOU AND HIVEGPTWAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute beresolved by a judge.(d) Waiver of Class or Consolidated Actions. ALLCLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BEARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMSOF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY ORCONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiverof class or consolidated actions is deemed invalid or unenforceable, neitheryou nor HiveGPT is entitled to arbitration; instead, all claims and disputeswill be resolved in a court as set forth in subsection (f) below. (e)Opt-out. You have the right to opt out of the provisions of this Section bysending written notice of your decision to opt out to the following address: 2733 152NDAVE NE, Redmond, WA, 98052[TS6] postmarked within thirty (30) days offirst accepting these Terms of Use. You must include (i) your name andresidence address, (ii) the email address and/or telephone number associatedwith your account, and (iii) a clear statement that you want to opt out of theterms of this arbitration agreement. (f) Exclusive Venue. If you sendthe opt-out notice in (e), and/or in any circumstances where the foregoingarbitration agreement permits either you or HiveGPT to litigate any disputearising out of or relating to the subject matter of these Terms of Use incourt, then the foregoing arbitration agreement will not apply to either party,and both you and HiveGPT agree that any judicial proceeding (other than smallclaims actions) will be brought in the state or federal courts located in,respectively,King County, Washington, or the federal district in which that county falls.[TS7]
(g) Severability. If theprohibition against class actions and other claims brought on behalf of thirdparties contained above is found to be unenforceable, then all the precedinglanguage in this Arbitration Agreement section will be null and void. Thisarbitration agreement will survive the termination of your relationship with HiveGPT.
Miscellaneous. You will beresponsible for paying, withholding, filing, and reporting all taxes, duties,and other governmental assessments associated with your activity in connectionwith the Services, provided that the HiveGPT may, in its sole discretion, doany of the foregoing on your behalf or for itself as it sees fit. The failureof either you or us to exercise, in any way, any right herein shall not bedeemed a waiver of any further rights hereunder. If any provision of theseTerms of Use is found to be unenforceable or invalid, that provision will belimited or eliminated, to the minimum extent necessary, so that these Terms ofUse shall otherwise remain in full force and effect and enforceable. You and HiveGPTagree that these Terms of Use are the complete and exclusive statement of themutual understanding between you and HiveGPT, and that these Terms of Usesupersede and cancel all previous written and oral agreements, communicationsand other understandings relating to the subject matter of these Terms of Use.You hereby acknowledge and agree that you are not an employee, agent, partner,or joint venture of HiveGPT, and you do not have any authority of any kind tobind HiveGPT in any respect whatsoever.
HiveGPT provides support to all Clientsat no additional cost through the following means: