Terms of Use
Please read the following (these “Terms of Use”) relating to your use of the 305 Hive services, which are comprised of various webpages, electronic newsletters, and emails (collectively, our “Media”) all of which are operated and owned by 305 Hive LLC (“305 Hive”). By accessing or use of our Media, you are deemed to have agreed to and accepted all the terms and conditions in these Terms of Use. 305 Hive reserves the right to modify these Terms of Use at any time without notice to you. You should check these Terms of Use periodically for changes. By using our Media after the posting of any changes to this Terms of Use, you agree to such changes, and acknowledge that you have reviewed them. If at any time you choose not to accept these Terms of Use, please do not access or otherwise use our Media.
Description of 305 Hive
305 Hive, through our Media, provides its subscribers with the ability to exchange information with, and help out other subscribers. Our Media may be used to share and advertise a variety of personal and business goods and services for sale, trade, or otherwise with other subscribers. Content in our Media is provided by our subscribers and therefore content appearing on our Media does not necessarily reflect the views of 305 Hive, and 305 Hive does not assume responsibility or liability for any content found on our Media, nor for any claims, damages or losses resulting from any use of our Media or its content. Use of content in our Media is at your own risk.
Our Media is provided on an “AS-IS” basis. 305 Hive assumes no responsibility for the timeliness, deletion, mis-delivery, failure to store, mis-direction or improper display of any subscriber’s communication or settings.
Registration Obligations
In order to use our Media, which includes the ability to receive the electronic newsletter and access the Site, subscribers are required to register and provide certain information.
You agree to provide only true and correct information in establishing your account. You are responsible for all activities conducted using your account and are solely responsible for safeguarding your password and other access information. You will notify us immediately if you believe the security of your account has been compromised. You may not use the account of another user without the other user’s prior authorization.
Links
These Terms of Use apply only to 305 Hive and our Media, and not to any other site, service, or company. Our Media may contain links to other websites. Such websites are not under the control of 305 Hive and 305 Hive is not responsible for the availability of any such website to which our Media may link. 305 Hive does not endorse or take responsibility for the content, advertising, products or other materials made available through any other website. Under no circumstances will 305 Hive be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods, or services available on any other website. You should direct any concerns to that website’s administrator or webmaster.
Subscriber Conduct
305 Hive, through our Media, provides its subscribers with ways to communicate with other subscribers. Your access to our Media is based upon the premise that you will use our Media only for legal and appropriate uses. You acknowledge and agree that 305 Hive may suspend or deny you access to all or part of our Media, without prior notice, if you engage in any conduct or activities that 305 Hive, in its sole discretion, believes violates any of the terms and conditions set forth herein, violates the rights of 305 Hive or a third party, or is otherwise unlawful or inappropriate. In addition, you further agree that you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any content, or post a link to an external website, which is inappropriate, profane, defamatory, libelous, infringing, obscene, indecent, offensive, disrupting, or insulting, or which relates to an unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, malware, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Damage, disable, overburden or impair any aspect of our Media, or interfere with any other subscriber’s use and enjoyment of our Media.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless 305 Hive specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Violate any code of conduct or other guidelines which may be applicable for any particular 305 Hive service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate, intentionally or unintentionally, any applicable laws or regulations.
305 Hive has no obligation to monitor or screen our Media or the content contained within our Media, and 305 Hive makes no representation or warranty with respect to the veracity, reliability, or completeness of any information found in our Media. However, 305 Hive reserves the right to review materials posted or otherwise submitted to our Media and to edit, refuse to post or to remove any content or materials, in whole or in part, in its sole discretion.
Submission of Content
305 Hive does not claim ownership in or to any of the content you provide to us or our Media. However, by posting or otherwise submitting content of any type to 305 Hive or our Media, you grant (or warrant that the owner of such rights has expressly granted) 305 Hive a perpetual, nonexclusive, world-wide, royalty free license to use such content in any way in connection with 305 Hive and our Media, including the ability to use, copy, display, distribute, transmit, modify, edit, reformat, and reproduce such content, including any questions, comments, and postings, in their original or edited form, in articles, commentaries, or in any other medium now known or later developed. You also warrant that any “moral rights” in posted or otherwise submitted materials have been waived. You acknowledge that neither you nor anyone else is entitled to any compensation for such use or display.
No Resale
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of our Media, any content displayed on our Media, the use of our Media, or access to our Media, or any other property of 305 Hive.
Dealings with other Subscribers
Interactions or business dealings that you conduct with businesses or other subscribers including promotions, payments, warranties, and other terms and conditions are solely between you and such other business or subscriber. You agree that 305 Hive is not responsible or liable for any loss or damage of any type of dealing with such persons.
Termination
305 Hive may terminate, modify, or temporarily discontinue all or any part of our Media at any time. You agree that 305 Hive will not be liable for any termination, modification, or temporary discontinuance of any of our Media.
305 Hive reserves the right to terminate your access to all or any part of our Media at any time without notice for any reason whatsoever. Upon any such termination all right to access the Site and the Service shall be terminated and your account will be deactivated.
Copyright Complaints
305 Hive respects the intellectual property rights of others and requires that anyone who uses our Media do the same. In appropriate circumstances, 305 Hive will terminate the registration of any subscriber who is responsible for repeat acts of copyright infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to 305 Hive’s designated copyright agent. If you believe that materials posted to or included in our Media have been copied in any way that constitutes copyright infringement, please provide the information requested below. Please note that this procedure is exclusively for notifying 305 Hive that copyrighted materials have been infringed. Accordingly, all other inquiries will not receive a response. When providing notice, please provide the following information:
- An electronic or physical signature of the person authorized to act on behalf of the copyrighted work that you believe is being infringed;
- A description of the copyrighted work you claim has been infringed;
- A description of where the allegedly infringed work is located on or in our Media;
- Your name, address, and e-mail address;
- A statement by you about why you believe in good faith that the use of the copyrighted material is not authorized by the copyright owner, its agent, or by law.
The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is Samantha Murphy, 6800 SW 40th St #399, Miami, FL 33155.
Disclaimers
YOU AGREE THAT USE OF OUR MEDIA IS ENTIRELY AT YOUR OWN RISK. 305 HIVE AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, AFFILIATES, SERVICE PROVIDERS, LICENSORS, AND LICENSEES MAKE NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES (A) AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF (1) ANY CONTENT CONTAINED ON OR IN OUR MEDIA, INCLUDING WITHOUT LIMITATION, THE CONTENT IN THE ELECTRONIC NEWSLETTERS, (2) ANY THIRD PARTY WEBSITE OR INFORMATION ACCESSED THROUGH OUR MEDIA, OR (3) ANY THIRD PARTY INFORMATION, PRODUCTS OR SERVICES APPEARING ON OR IN OUR MEDIA, OR (B) OTHERWISE. 305 HIVE DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTY PROVIDERS. 305 HIVE IS NOT A PARTY TO ANY TRANSACTION BETWEEN SUBSCRIBERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, OUR MEDIA AND THE CONTENT CONTAINED THEREIN IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
305 HIVE DOES NOT WARRANT OR REPRESENT THAT CONTENT MADE AVAILABLE IN OUR MEDIA IS SUITABLE FOR CHILDREN UNDER 18 AND, THEREFORE, 305 HIVE STRONGLY RECOMMENDS THAT YOU MONITOR YOUR CHILD’S USE OF OUR MEDIA.
Limitation of Liability
305 HIVE AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, AFFILIATES, SERVICE PROVIDERS, LICENSORS, AND LICENSEES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, INABILITY TO GAIN ACCESS TO OR USE THE SERVICE, LOSS OF DATA, INCOME OR PROFITS), REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS OR SOLD OR RECEIVED THROUGH OR ADVERTISED ON OR IN CONNECTION WITH OUR MEDIA, OR ANY LINKS ON OUR MEDIA. AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR MEDIA OR ANY LINKS ON OUR MEDIA. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY 305 HIVE AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, AFFILIATES, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, AND LICENSEES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF AMOUNT PAID BY YOU TO 305 HIVE, IF ANY, AND ONE HUNDRED DOLLARS ($100.00).
THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE COMMUNICATION SERVICE IS AT YOUR SOLE RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT 305 HIVE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES REGARDING YOUR USE OF THE SERVICE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR MEDIA, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR MEDIA.
Indemnification
You agree to defend, indemnify and hold 305 Hive and its respective licensors, representatives, officers, directors, and employees harmless from all liabilities, claims, costs, and expenses, including attorneys’ fees that related to or arise out of in any way to your, or that of anyone using your password’s, use of our Media, your posting, downloading or transmission of all content, or from your violation of applicable law or these Terms of Use.
No Personal Advice
The content contained in or made available through our Media (including but not limited to content made available through the electronic newsletter or the Site) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. Neither 305 Hive nor any of its licensors or suppliers make any representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through our Media. 305 Hive shall not be liable whatsoever in connection with any such information contained or made available through our Media, including without limitation any damages for your reliance on or use of any such information.
Proprietary Rights
All other rights, title and interest in names, terms, logos, slogans, images and other indicia identifying 305 Hive’s Media and services mentioned herein are proprietary marks belonging to 305 Hive. The names of any companies and products not owned by 305 Hive and mentioned herein may be the trademarks of their respective owners. Any use of the trademarks belonging to 305 Hive, or any third party, without the express written permission of the respective trademark owner is strictly prohibited. Any rights not expressly granted herein are reserved.
Privacy Policy
305 Hive is committed to protecting your privacy and security and has explained in detail the steps taken to do so. Please read the Privacy Policy for more information on how we collect and use user information. The Privacy Policy can be accessed by clicking the Privacy Policy link on the Site at www.305Hive.com.
Governing Law
These terms will be governed by and construed in accordance with the internal laws of the State of Florida, United States of America. Accordingly, the laws of the State of Florida, USA, will be used exclusively to construe, govern, and enforce these terms, excluding all conflict of laws rules that would lead to the application of any other laws. Except as provided in the Injunctive Relief section, any action related to or arising out of these terms will be filed only in the Florida State Courts or in U.S. Federal Courts in the Southern District of Florida, in each case sitting in Miami-Dade County, Florida, USA.
Injunctive Relief
In the event you breach or threaten breach of these Terms of Use, you acknowledge and agree that 305 Hive will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, 305 Hive may apply to any court of competent jurisdiction in the United States or any other jurisdiction accepting jurisdiction under this specific provision, who, notwithstanding the Governing Law provision, will apply the laws of its own jurisdiction in determining whether 305 Hive will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding 305 Hive’s rights to relief in either law or equity.
Disclosure
You acknowledge and agree that 305 Hive has the right to monitor its Media from time to time and to disclose any information, including your personal information, as necessary or appropriate to satisfy any law, regulation or other governmental request, or to protect itself or its subscribers. You acknowledge that 305 Hive will report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, 305 Hive will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
Miscellaneous
If any of these Terms or Use is found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining Terms of Use, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement relating to the subject matter it contains. As indicated above, these Terms of Use may be modified only by our posting of changes to these Terms of Use. Failure to enforce, or any delay in enforcing, any portion of these Terms of Use in any instance does not amount to a waiver of the right to enforce such portion in the future. Any inquiries concerning these Terms of Use should be directed to info@305Hive.com. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
