Last Revised: 05.12.2022
Honeydew Data, together with its subsidiaries (“Honeydew,” “Company,” “we” “our,” or “us”) welcomes you (the “User(s)” or “you”) to our website at https://honeydew.ai/ (together with its subdomains, Content, and Marks, the “Site”), in which we offer basic information regarding our Company and our Software-as-a-Service/on-prem? platform that provides data inputs for analytic teams and data consumers (the “Solution”).
Please note that the Site is only intended for individuals aged eighteen (18) years or older. If you are under 18 years of age, please do not visit or use the Site.
The Site serves only as an informative marketing tool, and engagements of any sort with us shall only be created via a separate agreement. The Content does not bind us in any form, and in any case where the Content contradicts or is inconsistent with any information supplied by us to you directly, such information shall prevail.
We reserve the right at our discretion, to change, modify, correct, amend, and/or make any other changes to, our Site (or any part thereof, including but not limited to the Content) at any time and without any notice. In addition, we may temporarily or permanently discontinue the Site and any part thereof. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Site and/or of any content available or not available therein.
Your use of the Site (or any part thereof) is dependent on the fact that you hereby represent and warrant that:
There are certain forms of conduct which are strictly prohibited in our Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein, may result in civil and/or criminal liability. You agree and undertake that you shall not, whether by yourself or anyone on your behalf: (i) copy, distribute, adapt, translate, reverse engineer, decompile, disassemble or modify any part of the Site, or any of the information and resources about the Site or accessible through the Site, information of any nature concerning Honeydew’ systems, products, services and technology and any other content related thereto (including contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, documentation, data, related graphics, intellectual property and other features (collectively, the “Content”) and any other information related thereto without our prior written authorization; (ii) use, modify, create derivative works of, transfer (either by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content; (iii) make any use of the Site and/or Content on any other website or networked computer environment other than in the Site, for any purpose, or replicate or copy the Content without our prior written consent; (iv) disrupt servers or networks connected to the Site; (v) use or launch any automated system (including without limitation, “robots” or “spiders”) to access the Site, including not interfering with or violating any other User’s right to privacy or other rights, or harvest or collect Content or any information about visitors or users of the Site without our express written consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (vi) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site or disrupt the operation of our Site, or the servers or networks that host our Site, or disobey any requirements, procedures, policies, or regulations of such servers or networks including by performing or assisting any DDOS attacks or any traffic hijacking; (vii) create a browser or border environment around our Site, Content and any part thereof (no frames or inline linking); (viii) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (x) transmit or otherwise make available in connection with our Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (xi) frame or mirror any part of this Site without Company’s prior express written authorization; (xii) create a database by systematically downloading and storing all or any of the Content from our Site; (xiii) use our Site for any illegal, immoral or unauthorized purpose; (xiv) use our Site, the and/or the Content for non-personal or commercial purposes without our express prior written consent or pursuant to an express written agreement.
We have made every effort so that our Site presents any information available on our Site as accurately as possible. However, we cannot, and do not warrant or guarantee that the Content available on the Site is accurate, complete, reliable, current or error-free.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Honeydew or its licensors, including [®], copyright mark [©] or trademark [™] contained in or accompanying the Content included on the Site, and you represent and warrant that you will abide by all applicable laws in this respect.
It is our desire and pleasure to hear from our Users and we welcome your comments regarding our offerings, products and services, including our Site. To the extent you provide any feedback, comments ideas, materials, notes, drawings, concepts, suggestions or other information to Honeydew regarding the Site and/or the Solution, whether within the Site or otherwise (collectively, the “Feedback”), Honeydew shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Site, any Company’s current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require us to comply with any additional obligations with respect to any of our current or future products, technologies or services that incorporate any Feedback.
Our Site’s availability and functionality depends on various factors, such as communication networks. Honeydew does not warrant or guarantee that our Site will operate and/or be available at all times without disruption or interruption, or that it will be error-free.
We reserve the right to access, read, preserve and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce the Honeydew Website Terms, including to investigate potential violations of them; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Honeydew, its users or the public.
HONEYDEW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE CONTENT AVAILABLE ON OUR SITE. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR ANY USE YOU MAKE OF THE SITE. THE SITE (INCLUDING ANY CONTENT, TECHNICAL SUPPORT SITE, INFORMATION OR SERVICE AVAILABLE THEREIN) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. HONEYDEW HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, EFFECTIVENESS, MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. HONEYDEW DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING OR OTHER REASONS. YOU AGREE THAT HONEYDEW WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HONEYDEW, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS, SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, WHETHER IT WAS CAUSED CONSEQUENTLY OR IN CONNECTION WITH THE USE OF THE SITE, THE CONTENT OR ANY OTHER INFORMATION DERIVED FROM USE OF THE SITE, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, WHETHER BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF HONEYDEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE OCCURRENCE OF SUCH CAUSE OF ACTION. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HONEYDEW FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OR INABILITY TO USE THE SITE, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO HONEYDEW FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM OR U.S. $1.00, WHICHEVER IS GREATER.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Honeydew reserves the right to discontinue or modify any aspect of the Site at any time.
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to: [email protected].