Terms of Service

Hivve LLC  ·  homehivve.com

1. Contract & Definitions test


This Terms of Service Agreement (“Terms” or “Agreement”) applies to all terms set forth herein, all of which are collectively referred to as the “Terms.”  These Terms govern your access to and use of our products and services, including those offered through our websites, events, communications (e.g., emails, phone calls, and texts) and mobile applications (collectively, the “Service”).  “You” refers to the user of the Service.


You agree that by clicking “Join Now”, “Join Hivve”, “Sign Up” or similar, registering, accessing or using our Service, you are agreeing to enter into a legally binding contract with Hivve, LLC (“Hivve,” “We” or “Us) (even if you are using our Service on behalf of a company). If you do not agree to the Terms, do not click “Join Now” (or similar) and do not access or otherwise use any of our Service. If you wish to cease being bound by these Terms, at any time you can do so by closing your account and no longer accessing or using our Service.  These Terms apply to Users, Providers, and Visitors.  A User is a person or entity who chooses to register for use of the Service.  A Provider is an individual or business offering home contractor services and/or home-related services.  Users and Providers are collectively referred herein as “Members.” A Visitor is a person or entity that does not register for use of the Service. 


As a User, Provider, or Visitor of our Service, the collection, use and sharing of your personal data is subject to this Privacy Policy (which includes our Cookie Policy and other documents referenced in this Privacy Policy) and updates.


As used throughout herein, “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, endorsements, photos, videos, compliments, invitations, check-ins, votes, friending and following activity, direct messages, and information that you contribute to your user profile or suggest for a business page. “Member Content” means Content that users submit or transmit to, through, or in connection with the Service. “Hivve Content” means Content that we create and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than Hivve or its Members, which is made available in connection with the Service. “Service Content” means all of the Content that is made available in connection with the Service, including Your Content, Member Content, Hivve Content, and Third Party Content. 



2. Changes to the Terms


We may modify the Terms from time to time. The most current version of the Terms will be located here. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms, we will notify you by email, by posting notice on the Service, and/or by other method prior to the effective date of the changes. We will also indicate at the top of this page the date that such changes were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Service after the effective date of changes to the Terms represents your acceptance of such changes.



3. Service Eligibility & Availability


Here are some promises that you make to Us in this Contract:

  1. You’re eligible to enter into this Contract and you are at least our “Minimum Age.”  “Minimum Age” means at least 18 years old.  The Service is not for use by anyone under the age of 18. To use the Service, you agree that you must be the “Minimum Age” or older;

  2. You will only have one Hivve account for your legal/given name;

  3. You will only have one Hivve account for your business; and

  4. You are not already restricted by Us from using the Service. 


You may have an account for your legal/given name and a separate account for your business. 


Creating an account with false information is a violation of our Terms, including accounts registered on behalf of others or persons under the age of 18.


The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.



4. Your Account


You will keep your password a secret.  You will not share an account with anyone else and will follow our rules and the law.  Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow the law and all Terms detailed herein. 


You are responsible for anything that happens through your account unless you close it or report misuse.


As between you and others, your account belongs to you. However, if the Service were purchased by another party for you to use, the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.




5. Payment


You’ll honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices.

Refunds are subject to our policy.


If you buy any of our paid Services (“Premium Services”) available to Providers, you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Service. Failure to pay these fees will result in the termination of your paid Service. Also, you agree that:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).

  • We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Service and to use to pay other Service you may buy.

  • All of your purchases of Service are subject to Hivve’s refund policy.

  • If applicable by local, state or federal law, we will charge taxes payable by you based on the billing information that you provide us at the time of purchase.


You can get a copy of your invoice through your account settings



6. Consent to Communication & Notices and Messages


By accessing or using the Service, you consent to receive communications from other Users and Hivve through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote Hivve, Providers, or businesses listed on Hivve, and may be initiated by Hivve or other Users.  Providers are not permitted to initiate direct communication with Users. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with Hivve or made through the Service may be monitored and recorded for quality purposes.


You agree that we may provide notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.


You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.  You can control and limit the messages you receive from us in your settings. 

7. Your License to Hivve


You own all of the content, feedback and personal information you provide to us, but you also grant us a non-exclusive license to use it.  This license includes granting us permission to do the following: 


  • Permission to use content you create and share;

  • Permission to use your name, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions you have taken on Hivve next to or in connection with ads, offers, and other sponsored content that we display across our products, without any compensation to you;
     

  • Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.


We’ll honor the choices you make about who gets to see your information and content, including how it can be used for ads.


As between you and Hivve, you on the content and information that you submit or post to the Service, and you are only granting Hivve and our affiliates the following non-exclusive license: a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Service and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:


  1. You can end this license for specific content by deleting such content from the Service, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

  2. We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, and your social actions may be visible and included with ads, as noted in the Privacy Policy. If you use a Service feature, we may mention that with your name or photo to promote that feature within our Service, subject to your settings.

  3. We will get your consent if we want to give others the right to publish your content beyond the Service. However, if you choose to share your post as "public", we will enable a feature that allows other Members to embed that public post onto third-party services, and we enable search engines to make that public content findable though their services. 

  4. While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.

  5. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of any other type of license, including, but not limited to, a creative commons license. 


You promise to only provide information and content that you have the right to share and that does not violate the law nor anyone’s rights (including intellectual property rights). 


You promise that your Hivve profile and information provided therein will be truthful and accurate and continue no explicit or defamatory language or content. 



8. Other Content, Sites and Apps


Your use of others’ content and information posted on our Service, is at your own risk.


Others may offer their own products and services through our Service, and we aren’t responsible for those third-party activities.


By using the Service, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Hivve generally does not review content provided by our Users or others or guaranty the truthfulness of it. 


You agree that we are not responsible for others’ content (including other Members’ content) or information. 


We cannot always prevent this misuse of our Service, and you agree that we are not responsible for any such misuse. 


You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news. 


Hivve may help connect Providers offering their services with Users seeking services. Hivve does not perform nor employs individuals to perform these service.  Hivve does not have any control over these Providers.  A Provider must be at least 18 years of age to offer, perform or procure these services. You acknowledge that Hivve does not supervise, direct, control or monitor Providers in the performance of these services and agree that (1) Hivve is not responsible for the offering, performance or procurement of these services, (2) Hivve does not endorse any particular Provider’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between Hivve and any Provider or User offering services. If you are a Provider or User offering services, you represent and warrant that you have all the required licenses and will provide services consistent with our Business Community Policies set forth in paragraph 12 below.  


Similarly, Hivve may help you register for and/or attend events organized by Providers and connect with other Users who are attendees at such events. You agree that (1) Hivve is not responsible for the conduct of any of the Providers, Users or other attendees at such events, (2) Hivve does not endorse any particular event listed on our Service, (3) Hivve does not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events.



9. Third Party Content, Third Party Service & Advertisements


We may host Third Party Content, or include links to other websites or applications (each, a “Third Party Service”). We do not control or endorse any Third Party Content or Third Party Service. You agree that we are not responsible for the availability, accuracy, or content of any such Third Party Content or Third Party Service. Your use of and reliance on any Third Party Content or Third Party Service is at your own risk.


Some of the services made available through the Service and Third Party Service may be subject to additional third party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies, including without limitation the ones posted here. It is your responsibility to familiarize yourself with any such applicable third party terms.



10. Limits on Use


Hivve reserves the right to remove or limit your content or restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Service.  This includes:

  • Violating the Terms of the Contract;

  • Sharing something that is unlawful, misleading, discriminatory or fraudulent;

  • Sharing something that promotes violent, harmful, or criminal activity;

  • Uploading viruses or malicious code or do anything else that could disable, overburden, or impair the Hivve website or the proper working or appearance of our Service.

  • Accessing or collecting data from our Service using automated means without our prior permission or attempt to access data you do not have permission to access.


If we remove content that you have shared in violation of the Terms of the Contract or any other Hivve policy, we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.



11. Dos and Don’ts


Hivve is a community of home owners, individuals residing in homes, and home service providers. This list of “Dos and Don’ts” place limits on what Members can and cannot do on our Service.  The Provider Policies places limits on what Providers can and cannot do on our Service.


You agree that you will:

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

  • Provide accurate information to us and keep it updated;

  • Use your real name on your profile; and

  • Use the Service in a professional and business-like manner.


You agree that you will not:

  • Create a false identity on Hivve, misrepresent your identity, create a User or Provider profile for anyone other than yourself (a real person), or use or attempt to use another’s account;

  • Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Service or otherwise copy profiles and other data from the Service;

  • Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);

  • Copy, use, disclose or distribute any information obtained from the Service, whether directly or through third parties (such as search engines), without the consent of Hivve;

  • Disclose information that you do not have the consent to disclose (such as confidential information or trade secrets of others (including your employer));

  • Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;

  • Post false, misleading, or defamatory content or reviews;

  • Violate the intellectual property or other rights of Hivve, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “Hivve” or our logos in any business name, email, or URL;

  • Post anything that contains software viruses, worms, or any other harmful code;

  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Service or any related technology that is not open source;

  • Imply or state that you are affiliated with or endorsed by Hivve without our express consent (e.g., representing yourself as a Hivve employee);

  • Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Service or related data or access to the same, without Hivve’s consent;

  • Deep-link to our Service for any purpose other than to promote your profile or a Provider on our Service, without Hivve’s consent;

  • Use bots or other automated methods to access the Service, add or download contacts, send or redirect messages;

  • Monitor the Service’ availability, performance or functionality for any competitive purpose;

  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Service;

  • Engage in “swatting” of another User or Provider;

  • Overlay or otherwise modify the Service or their appearance (such as by inserting elements into the Service or removing, covering, or obscuring an advertisement included on the Service);

  • Interfere with the operation of, or place an unreasonable load on, the Service (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or

  • Violate the Business Community Policies in Section 13 below or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.



12. Reviews


By having an account with Hivve, Users have the ability to post reviews and endorsements about Providers, businesses, and any other third-party.  While we provide the option for Users to specify or identify the nature of your relationship with a particular Provider, business or third-party, this is not a requirement to publish a review.  Hivve is not responsible or liable for the content of the review you post.  You are solely responsible for the review you create and publish and you agree that any review you post will be truthful and will reflect your honest opinion and experience you have had.  Further, you agree that the review you post will not be false, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable. 


By posting a review, you represent and warrant that you will do so in a lawful manner consistent with the Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us, vendors, franchisors, businesses and any other third parties. You agree that by publishing a review you may expose yourself to civil or criminal liability if your review violates applicable law or any third-party rights and/or agreements. 



13. Provider Policies


The following Provider Policies, in addition to the Terms of Service above, govern your access to and use of your professional user account (“Provider Account”).  If you have purchased products or services from Hivve on behalf of your business (e.g., advertising or business tools), the terms of that purchase apply.  By creating, accessing, or using a Provider Account, you are agreeing to these Provider Policies.  You are not authorized to create, access, or use a Provider Account if you do not agree to these Provider Policies. 


In order to access or use a Provider Account, you agree that:

  • You have the authority to act on behalf of the business or businesses associated with or claimed through your Provider Account and bind any such business (including any corresponding business entity) to the Business Community Policies;  (such business or businesses, your “Business”);

  • Your access to or use of the Provider Account will only be in your capacity as an authorized representative of your Business;


  • You will not flag reviews or message Users who have reviewed your Business;

  • Your Business complies with applicable laws and does not offer, advertise, sell, or lease illegal products and/or services;

  • You grant Hivve a non-transferable, non-exclusive, royalty-free limited license to display your public website on the Service, or allow for its display through iframes or other framing technology;

  • You agree that we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business, and that our communications (including phone calls) with you may be monitored and recorded for quality purposes;

  • You understand and agree that we may share certain aggregate or otherwise pre-identified information with other Businesses; and

  • You understand and acknowledge that non-disparagement clauses in certain consumer contracts, such as clauses that seek to restrict or prohibit reviews (including provisions that penalize consumers for posting reviews) about your Business, are prohibited under California law (Cal. Civil Code § 1670.8) and under the federal Consumer Review Fairness Act (15 U.S. Code § 45b) and you agree that you will not include such clauses in your consumer contracts, or otherwise attempt to enforce non-disparagement or ‘gag’ clauses against consumers under any circumstances. You understand that we may publicly notify consumers, including by placing an alert on the business page for your Business, if we have a good faith belief that such clauses are used by your Business.

  • You represent and warrant that you will not, and will not authorize or induce any other party, to:

    • offer incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals in exchange for the posting of reviews or endorsements of your Business, or to prevent or remove reviews, and you understand and acknowledge that Hivve, through its alerts, may publicly notify consumers about such incentives and other attempts to obtain, prevent, or remove reviews;

    • solicit or ask for reviews or endorsements from your customers;

    • write reviews or vote on Content (e.g., voting user reviews as useful, funny, or cool) for your Business or your Business’s competitors;

    • pay or induce anyone to post, refrain from posting, or remove reviews, or otherwise attempt to circumvent fraud detection systems;

    • attempt to generate automated, fraudulent, or otherwise invalid ad impressions, inquiries, conversions, ad clicks, or other actions;

    • use any automated means or form of scraping or data extraction to access, query or otherwise collect Hivve data, content and/or reviews Hivve, except as expressly permitted by Hivve;

    • use any Hivve trademark, service mark or copyrighted material in any manner without Hivve’s prior written consent; or

    • misrepresent your Business’s identity or affiliation to anyone in connection with Hivve.


You understand and acknowledge that Hivve allows consumers to post Content about your Business, including photos, ratings, and reviews. You understand and acknowledge that any purchase of advertising or other paid features from Hivve will not influence the reviews or otherwise allow or enable you, directly or indirectly, to alter reviews or impact whether, where, or how reviews appear on Hivve.


14.  Provider Free Trial & Premium Services


Providers will receive a 14-day free trial (“Free Trial”) of Hivve’s premium platform features.  No credit card is required to begin the Free Trial and Providers who sign up for the Free Trial will not be automatically charged at the end of the trial period.  After the 14-day Free Trial expires, Providers will automatically revert to the free Starter Plan.  Providers may upgrade to a paid subscription plan at any time during the 14-day Free Trial if they wish to continue using premium features without interruption.

The Starter Plan provides a basic business listing on Hivve but includes limited functionality and limited ability to interact with homeowners or generate new business opportunities.


Premium features available during the Free Trial include:

• Direct messaging with Users (Users must initiate the conversation);

• Ability to answer questions in the community Q&A section;

• Unlimited photo uploads;

• Ability to post deals and promotions;

• Ability to share tips and educational content with Users. 


Hive provides 3 paid subscription tiers to Providers.  They are: 


• $19/month;

• $49/month; and

• $99/month


Providers are billed on the 1st day of each month.  If a Provider cancels its subscription tier after the 1st day of each month, they will not receive a refund of the money they have paid. 

15. Intellectual Property


Our Intellectual Property

As between you and Hivve, you own Your Content. We own the Hivve Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Service excluding Your Content, Member Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Hivve Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the Hivve Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Hivve Content are retained by us.


If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.


Others’ Intellectual Property

We respect the intellectual property rights of others and desires to offer a platform which contains no content that violates those rights. We require that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties, including Users and non-members. 


Please note that whether or not we disable access to or remove content, Hivve may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the User who posted the content and/or take other reasonable steps to notify the User that Hivve has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Users, or groups as the case may be, who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.

Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.

Claims regarding copyright infringement: Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Hivve has implemented procedures for receiving written notification of claimed infringements. Hivve has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide a written communication which contains:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  2. A description of the copyrighted work that you claim has been infringed;

  3. A description specifying the location on our website of the material that you claim is infringing;

  4. Your email address and your mailing address and/or telephone number;

  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please submit your notice to Hivve’s Copyright Agent’s email address: hello@homehivve.com. 

Allow five (5) business days from the date your email was sent for us to respond. 


Or you may print your letter and send it to us by mail at: 


Hivve, LLC
413 Village Lane

Broomall, PA 19008


Please allow ten (10) business days from the date your letter was mailed for us to respond.


Counter-Notice regarding copyright infringement: If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may provide a written communication which contains:


  1. Your physical or electronic signature;

  2. Identification of the material removed or to which access has been disabled;

  3. A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;

  4. Your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Eastern District of Pennsylvania, as decided solely by Hivve, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.

Please submit your notice to Hivve’s Copyright Agent’s email address: hello@homehivve.com. Allow five (5) business days from the date your email was sent for us to respond. 


Or you may print your letter and send it to us by mail at:
Hivve, LLC
413 Village Lane

Broomall, PA 19008


Please allow ten (10) business days from the date your letter was mailed for us to respond.



16. Suggestions and Improvements


By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain any third party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Hivve and its users any claims and assertions of any moral rights contained in such Feedback.



17. Indemnity


You agree to indemnify, defend, and hold harmless Hivve, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “Hivve Entities”) from  and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs)  arising out of or relating to: (i) your access to or use of the Service, including Your Content, (ii) your violation of the Terms, (iii) your breach of your representations and warranties provided under these Terms, (iv) any products or services purchased or obtained by you in connection with the Service, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Hivve reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. 


You agree that upon receiving notice of any third party claim, action, demand, loss, damage, liability or proceeding against you or Hivve, you will use all efforts to notify Hivve of said claim.  


You agree not to settle any such matter without the prior written consent of Hivve.  Hivve will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.



18. Third-Party Discovery

You agree to waive your right to file a pre-suit discovery proceeding seeking a user's identifying information from Hivve.  If you intend to propound discovery seeking a user's identifying information, you agree to do so pursuant to a valid Pennsylvania subpoena, properly issued in connection with an active lawsuit and properly served on us at our location at 413 Village Lane, Broomall, PA 19008.  You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought and resolved exclusively in the state courts located within Delaware County, Pennsylvania or the federal courts in the Eastern District of Pennsylvania, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.



19. No Warranty 


This is our disclaimer of legal liability for the quality, safety, or reliability of our Service, Hivve and its owners, affiliate, successors and assigns make no representation, guarantee or warranty about the Service provided, including but not limited to that: (1) the privacy and confidentiality of any information, data or documents provided by You in the course of using this Service will not be subject to unauthorized access by a third-party; (2) any representation that the Services will be uninterrupted or error-free.  Hivve provides the Service (including All Content and information) on an “As Is” and “As Available” basis.  To the fullest extent permitted by applicable law, Hivve and its owners, affiliate, successors and assigns disclaim any express or implied warranty, including any implied warranty of title, accuracy of data, non-infringement, fitness for a particular purpose. 



20. Limits of Liability


These are the limits of legal liability we have to you: 


  1. HIVVE, LLC, ITS OWNERS, MEMBERS, SUCCESSORS AND ASSIGNS (“HIVVE ENTITIES”) MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SERVICE OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICE, OR THE SERVICE’S USERS. ACCORDINGLY, HIVVE ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR PROVIDERS LISTED OR FEATURED ON THE SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.


  1. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.


  1. THE HIVVE ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE HIVVE ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.


  1. THE HIVVE ENTITIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE HIVVE ENTITIES WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA; OR (vi) LIABILITY WITH RESPECT TO A CONSUMER ALERT POSTED ON ANY HIVVE PAGE FOR YOUR BUSINESS. THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION 20 WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.


  1. The federal Communications Decency Act (47 U.S. Code § 230) limits the liability of interactive computer services, like Hivve, for their role in publishing third-party Content, including consumer reviews. Additionally, anti-SLAPP laws, such as Cal. Civ. Proc. Code  § 425.16 in California, may require you to pay Hivve’s attorneys’ fees if you attempt to impose such liability on Hivve through legal proceedings.


Though our Terms contain restrictions on content, Hivve does not warrant or guarantee that the content of any User or  shall be free from violation of the Hivve Terms, nor is Hivve responsible for the actions of conduct of other User or Provider, including offensive, inappropriate, obscene, unlawful, and other objectionable content.  We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share. 


The limitations of liability in this Paragraph are part of the basis of the bargain between you and Hivve and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Hivve or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.



21. Termination of Service


You may terminate the Terms at any time by closing your Account and/or discontinuing any access to or use of the Service. 


We may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Content, Service Content, or any other related information.


In the event of any termination of these Terms, whether by you or us, Paragraphs 7, 15, 19, 20, 21 of these Terms of Service will continue in full force and effect.



22. General Terms


  1. We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.

  2. Except as otherwise stated herein, nothing within these Terms of Service is intended, nor will be deemed, to confer rights or remedies upon any third party.

  3. The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

  4. Any failure on Hivve’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms may not be waived, except pursuant to a writing executed by Hivve.

  5. If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

  6. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Hivve’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

  7. You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and Hivve as a result of these Terms or your use of the Service. 

  8. The section titles in the Terms are for convenience only and have no legal or contractual effect.

  9. Any dispute arising out of or related to these Terms shall be governed by the laws of the Commonwealth of Pennsylvania.  Venue for any dispute hereunder shall be the Court located in Delaware County, Pennsylvania, or, if applicable, the Eastern District of Pennsylvania.