Effective February 18, 2017
Welcome to Honorable. Honorable provides users with a platform to crowdfund direct personal funds (“Funds”) between a campaign creator who raises funds (“Campaign Creator”) and one or more campaign contributors (“Contributor” or “Contributors”) who contributes funds. “You” refers to users of our platform, whether a Campaign Creator or Contributor. Honorable is not a bank, money services company, lender, or a financial institution.
Honorable, Inc. (“Honorable”, “we” or “us”) offers various services to you through the use of our mobile application (“app”) and the use of our associated website (www.honorable.io) (collectively, our “Service”), all of which are conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your use of the Service and/or your registration with us constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. Any changes that are made to these Terms of Service will not apply retroactively and will not apply to disputes or events occurring before the change is published. You are responsible for reviewing these Terms of Service on a regular basis. These Terms of Service apply to all visitors and all who access our website or Service.
Honorable does not underwrite or otherwise provide security, assurances or guarantees with respect to the Funds raised. We disclaim all responsibility for financial risks resulting from the Funds raised, and you are responsible for all financial risks related to any Funds raised as a consequence of use of the Service, including, but not limited to being responsible for any activity that may be necessitated to return Funds to Contributors.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you represent that you are over the age of 13, as this Service is not intended for children under 13. If you are under 13 years of age, then please do not use our Service.
By connecting to Honorable with a third-party service (e.g., Facebook, Twitter, LinkedIn or Google+), you give us permission to access and use your information from that service as permitted by that third-party service, and to store your log-in credentials for that third-party service. The Service is not available to any User who has been removed from the Service by Honorable.
As noted, we offer Services and provide you with a platform to facilitate raising Funds.
b. All Financial Risks Is Yours.
Honorable only provides the Service, which utilizes a social solution for establishing and managing raised Funds with others. We disclaim all responsibility for financial risks resulting from the Funds raised, and you are solely responsible for any and all financial risks related to any Funds contributed or raised as a consequence of use of the Service.
c. Additional Risks.
WHILE HONORABLE DOES CALCULATE AN “HONORABLE” SCORE, WE DO NOT NECESSARILY VERIFY THE IDENTITY OR CREDITWORTHINESS OF CAMPAIGN CREATORS ON THE SERVICE. YOU SHOULD NOT RELY ON THE HONORABLE SCORE WHEN DECIDING ON A CONTRIBUTION. WE MAY CHANGE THE HONORABLE SCORE AND ITS CALCULATION AT ANY TIME. IT IS THE SOLE RESPONSIBILITY OF EACH CONTRIBUTOR TO CONDUCT HIS/HER OWN INDEPENDENT EXAMINATION OF A CAMPAIGN CREATOR WHEN DETERMINING WHETHER TO OFFER OR MAKE A CONTRIBUTION. A CONTRIBUTOR SHOULD ONLY CONTRIBUTE TO PEOPLE THEY KNOW. In addition, we have no control over and do not guarantee the truth or accuracy of information logged on the Service by any users or the ability or intent of any Campaign Creator to return funds to Contributors. All Funds raised are direct agreements between Campaign Creators and Contributors.
d. Acceptance Of Risks.
The risks described in Sections 1(b) and 1(c) above are the risks that you assume when using the Service. If you have any kind of dispute with one or more users (including, but not limited to disputes, involving intellectual property, defamation or collections), you hereby release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
e. How the Service Works.
As a Campaign Creator, you select the amount of funds that you would like to receive within a limit set and by Honorable. You then determine the fee you will pay Honorable to successfully raise funds on the Service. Honorable reserves the right set a minimum fee. Honorable may share some portion this fee amount with campaign Contributors in the form of a contribution bonus. You will then have the opportunity to write a campaign description or create a campaign video. You will also create or upload a campaign photo. You will then give Honorable permission to invite contributors to your campaign on your behalf by indicating specific contacts in your address book for Honorable to send email or SMS invitations, by posting to social media and by posting publically on our Service. You then establish a campaign for the amount you indicated that you would like to receive plus the fee you named to successfully raise on Honorable, which is collectively called your campaign goal (“Campaign Goal”) You are responsible to make sure that you follow all federal, state and local laws when creating your campaign.
All campaigns have a period of time set by Honorable and indicated while creating a campaign (e.g., 30 days) to raise its Campaign Goal. If you have not raised the full amount of your Campaign Goal by the end of the allowed time period, then the campaign ceases and you will not receive any funds. You can actively raise funds for only one campaign at a time. In addition, you cannot contribute to or create another campaign while you are actively raising funds or until you have completely returned required funds to any Contributor who required it.
By initiating a campaign, you become a party to a legal obligation between you and your Contributors to return the funds as required that you have requested. As security for the returning of required funds, you authorize Honorable to obtain any payments from your debit card, credit card or bank account in one or more requests to draw funds on or about the day your payment is due. You are legally liable to your Contributors to return any funds on time.
For its maintenance of campaigns, Honorable reserves the right at its sole discretion and without liability to charge $2 per calendar day if any payment is not made by its due date.
If you decide to be a Contributor and to contribute to a campaign, we may put a hold on the funds that you have committed to the Campaign Creator and you agree not to take any action to release such hold. We will not however withdraw those funds from your account until the campaign achieves its full Campaign Goal. If the Campaign Creator fails to achieve her/his campaign goal, then we will release the funds held on your account typically within one (1) business day, but up to seven (7) calendar days.
As a Contributor, you may, but are not required to, gift all or a portion of the funds that you are contributing to a Campaign Creator. Any funds gifted will not be returned to you. As a Contributor, when the campaign goal is reached, you will receive any Contribution Bonus you previously selected to receive after the campaign is funded. If any portion of your contribution includes a gift, a Contribution Bonus will not be available to select. You may see and select the amount of the Contribution Bonus that is available before you decide to make a Contribution. You are responsible to make sure that you follow all federal, state and local laws when making a contribution. There is no guarantee that your contributed funds will be returned to you in full. Honorable does not warrant or represent that any information received from a Campaign Creator is accurate.
Before Campaign Creators or Contributors can receive any funds from Honorable, a valid credit or debit card (for payments), bank account information (for electronic transfers via the Automated Clearing House (“ACH”)), and identity-verifying information must be provided.
By registering and participating in this Service, you agree and represent as follows:
You may visit our mobile application or website without registering. However, in order to use some of our Services you will be required to register for an account. When creating an account we will collect among other items your name, email address and other information. If you decide to use any of our products or Services, you may also be required to submit your credit card, debit card, or bank account information to our third party payment and/or payout processors. We may also ask you for your social security, date of birth and additional information if necessary.
Honorable respects the rights of third party creators and content owners and expects that you will do the same. Given the nature of the Service and the volume of information submitted, we cannot and do not monitor all of the Materials (as defined in Section 5 below) posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any Materials posted via the mobile application or website. You expressly agree that we: (a) will not be liable for Materials and (b) reserve the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to you. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or our Acceptable Use Policy below.
It is the policy of Honorable to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this website:Honorable, Inc.
To be effective, the notification must be a written communication that includes the following:
The following is a partial list of the kinds of activities that are prohibited on or through the Service: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays graphic, pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the Honorable website or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of our Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service in violation of the law or these Terms of Service.
Honorable allows Users to post and share various content on the Service. Unless otherwise agreed in writing signed by Honorable, by submitting content, adding photos, video, data or other materials directly through the Service or suggesting any ideas or feedback (collectively, "Materials"), you hereby grant to Honorable a royalty-free, perpetual, irrevocable, fully transferable, sublicenseable, nonexclusive right and license to use, access, store, copy, modify, re-post, rearrange, display, distribute, reproduce, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers without compensation to you. You further grant to Honorable a royalty-free right and license to use your name, image and/or likeness in advertising and in connection with the licensed rights for the Materials. You also agree to indemnify, defend and hold harmless Honorable from and against any claims or costs, including attorneys' fees, arising from the use or distribution of those Materials. You further grant Honorable the right to use your name in connection with the reproduction or distribution of any such Material. While Honorable is not under any obligation to monitor content provided by Users, Honorable may, in its sole determination, remove any content that it deems objectionable, offensive, unlawful or in violation of these Terms of Service.
Subject to the license above, you retain all of your rights in all of the Materials you post to our Service, including all copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; patent rights and all other intellectual property and proprietary rights as they may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction. The Service, all content and other subject matter included on or within the Service (“Honorable Content”) is the exclusive property of Honorable or its licensors. Honorable reserves all of its rights with respect the Honorable Content, and you may not download or distribute or otherwise make any personal or commercial use of the Honorable Content.
As a part of our Service, we may offer links to websites operated by various third parties and are not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. Honorable does not operate or control in any way any information, software, products or services available on such websites. Our inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization.
A. Our Mobile Application
We may make available various Honorable Apps to access the Service via a mobile device. To use any Honorable App you must have a mobile device that is compatible with the Mobile Service. Honorable does not warrant that any Mobile App will be compatible with your mobile device. Honorable grants to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of any Honorable App for one Honorable account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer any Honorable App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer any Honorable App to any third party or use any Honorable App to provide time sharing or similar services for any third party; (iii) make any copies of any Honorable App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of any Honorable App, features that prevent or restrict use or copying of any content accessible through any Honorable App, or features that enforce limitations on use of any Honorable App; or (v) delete the copyright and other proprietary rights notices on any Honorable App. You acknowledge that Honorable may from time to time issue upgraded versions of any Honorable App, and may automatically electronically upgrade the version of any Honorable App that you are using on your mobile device. You consent to such automatic Honorable upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in any Honorable App is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of any Honorable App or any copy thereof, and Honorable or its third party licensors or suppliers retain all right, title, and interest in and to any Honorable App (and any copy of any Honorable App). You agree to comply with all United States and foreign laws related to use of any Honorable App and the Service. Standard carrier data charges may apply to your use of any Honorable App. If any Honorable Software is being acquired on behalf of the United States Government, then the following provision applies: Use, duplication, or disclosure of the Honorable Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Honorable Software originates in the United States, and is subject to United States export laws and regulations. The Honorable Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Honorable Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Honorable Software and the Service.
B. Honorable App from iTunes
The following also applies to any Honorable App you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that these Terms are solely between you and Honorable, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service and any law applicable to Honorable as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails 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 of Service and any law applicable to Honorable as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Honorable, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service. You and Honorable acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service as they relate to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party.
You agree to indemnify, defend and hold harmless Honorable, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: (a) the Materials you provide or approve for publication, (b) your use of the Service, (c) your breach of these Terms of Service, or (d) any actual, prospective, completed or terminated service between you and a third party.
Honorable intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, Honorable may make changes and improvements to the information provided herein at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." HONORABLE AND/OR ITS SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF HONORABLE’S SERVICE IS AT YOUR OWN RISK. HONORABLE AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF HONORABLE’S WEBSITE OR SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH HONORABLE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HONORABLE AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HONORABLE OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE. HONORABLE’S LIABILITY, AND THE LIABILITY OF HONORABLE’S SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $10.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN HONORABLE AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of our officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
ERRORS AND DELAYS
Honorable is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or any other technical problems.
After browsing and using the free section of our website or App, you may be interested in creating or contributing to a campaign. You may be required to submit information to make or receive payments which may include your date of birth, last four numbers of your social security number and address to do so.
Credit or Debit Cards
You are expected to pay all sums due on time and may be required to submit an accompanying payment and/or payment authorization in connection with a campaign. Credit and Debit card transactions require an acceptable and currently working card number. We may terminate or disable your account if you fail to pay any amount when due. If the credit or debit card expires or otherwise declines payment, access to Honorable can be modified or suspended. Each time Honorable’s services are used, you agree that you are affirming that Honorable is authorized to obtain payment from you through the selected payment method.
You hereby authorize Honorable, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes.
Honorable does not offer refunds. Responsibility for returning Funds lies entirely with the campaign creator.
Risk of Reversals, Chargebacks and Claims
When you receive a payment, you are liable to Honorable for the full amount of the payment plus any fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment, plus applicable fees if you lose a claim or a chargeback, or if there is a reversal of the payment. If a sender of a payment later disputes the payment or files a claim for a chargeback, the debit or credit card issuer or the originating bank, not Honorable, will determine whether the dispute is valid and to whom payment is due. You agree to allow Honorable to recover any amounts due to Honorable by debiting any available balance with Honorable. If there are insufficient funds in your balance to cover your liability, you agree to reimburse Honorable through other means including, but not limited to charging your credit or debit card, or bank account. If Honorable is unable to recover the payment, Honorable may attempt to contact you, Honorable may recover the payment from all available sources you have provided, or may take other legal actions to collect the amount due, to the extent allowed by applicable law.
Honorable reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any or no reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further marketing communication from Honorable at any time by delivering a written notice addressed to email@example.com You shall be responsible for ensuring delivery of the notice to Honorable. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the Honorable emails. We respect your desire to manage your email preferences. Please be aware that, even if you have unsubscribed from certain email correspondences, we may still need to email you with important transactional or administrative information.
Honorable reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. Honorable shall have no liability to you or any third party should Honorable modify or discontinue any service or an aspect thereof.
Any claim or controversy arising out of or relating to the use of Honorable’s Service, to the goods or services provided by Honorable, or to any acts or omissions for which you may contend Honorable is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Los Angeles, California, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator under the Commercial Arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the State of California, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in California. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND HONORABLE WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND HONORABLE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Honorable otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Honorable must be addressed to our agent for notice and sent via certified mail to: Agent of Honorable, Inc., 4712 Admiralty Way #121, Marina Del Rey, CA 90292.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
All contents of the Service are copyrighted © 2017 Honorable, Inc. All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Honorable, Inc. Other product and company names may be trademarks or service marks of their respective owners.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS APP OR WEBSITE AND SERVICE IMMEDIATELY.