Payment for services is an acceptance agreement with Policies and Terms of Service.
Terms Of Service
Terms Of Service
1. Your agreement with Honorable Mention Resources, LLC
1.1. Your use of the Honorable Mention Resources, LLC services (the “Service”) are governed by this agreement (the “Terms”). “HMR” means Honorable Mention Resources, LLC., and its subsidiaries or affiliates involved in providing the Service.
1.2. In order to use the Service, you must first agree to the Terms. You understand and agree that HMR will treat your use of the Service as acceptance of the Terms from that point forward.
1.3. You may not use the Service if you are a person barred from receiving the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service. You affirm that you are over the age of 13, as the Service is not intended for children under 13.
2. Your Account and Use of the Service
2.1. You must provide accurate and complete registration information any time you register to use the Service. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify HMR immediately.
2.2. You may neither share nor re-sell your HMR account to 3rd parties.
2.3. Your use of the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
4. Payment and Cancellation of service
4.1. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
4.3. You are solely responsible for properly canceling your HMR Agreement. An email request or support ticket asking for your subscription to be cancelled is not considered cancellation. You may cancel your subscription at any time by providing a signed letter requesting cancellation with 14 business days’ notice. The notice can be scanned and emailed to email@example.com.
4.4. If you cancel the Service before the end of your current paid up month, your account will remain active until the next due date. After the due date, if no payment received, your account will be disabled.
5. Proprietary Rights
5.1. You acknowledge and agree that Honorable Mention Resources, LLC (or HMR) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
5.2. Unless you have agreed otherwise in writing with HMR, nothing in the Terms gives you a right to use any of HMR’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
5.3. Except as provided in Section 7, HMR acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or the Application that you create, submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with HMR, you agree that you are responsible for protecting and enforcing those rights and that HMR has no obligation to do so on your behalf.
6. License from HMR and Restrictions
6.1. HMR gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by HMR as part of the Service as provided to you by HMR (referred to as the “Honorable Mention Resources, LLC”). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by HMR, in the manner permitted by the Terms.
7. License from You
8. UpdatesThe website which you use may be upgraded with new features and tools from time to time by HMR. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, and completely new versions. You agree to receive such updates (and permit HMR to deliver these to you) as part of your use of the Service.
9. Modification and Termination of the Service
9.1. HMR is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which HMR provides may change from time to time without prior notice to you.
9.2.1. Beta features. HMR may introduce beta features. You acknowledge and agree that beta features may be substantially modified or removed from the Service without notice. 9.2.2. Deprecation policy. You acknowledge and agree that features may be deprecated and removed from the Service. Features shall generally be removed after a 6 month deprecation period, but HMR may act faster or slower if justified, at its own discretion.
9.2.3. Feature removal. You acknowledge and agree that, in the event that a feature you are using is removed from the Service, HMR has no responsibility to provide substitute functionality, a workaround, or any kind of compensation.
9.3. You may discontinue your use of the Service at any time. Scalr may, at any time, terminate your use of the Service if (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms) or (B) Scalr is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful). Further, Scalr may terminate your use of the Service for any reason with thirty (30) days prior written notice.
9.4. Upon any termination of the Service, these Terms will also terminate, but Section 14.7 shall continue to be effective after these Terms are terminated.
10. EXCLUSION OF WARRANTIES
10.1. NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 12, SHALL EXCLUDE OR LIMIT HMR’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
10.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”.
10.3. HMR, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE WEBSITE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HMR, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE.
11. LIMITATION OF LIABILITY
11.1. SUBJECT TO SECTION 10.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT HMR, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
11.2. THE LIMITATIONS ON HMR’S LIABILITY TO YOU IN PARAGRAPH 10.1 ABOVE SHALL APPLY WHETHER OR NOT HMR HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
You agree to hold harmless and indemnify HMR, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “HMR and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees, of every kind and nature. In such a case, HMR will provide you with written notice of such claim, suit or action.
13. Changes to the Terms
13.1. HMR may make changes to the Terms from time to time. When these changes are made, HMR will make a new copy of the Terms available at https://hmrmanagement.com/terms-of-service.
13.2. You understand and agree that if you use the Service after the date on which the Terms have changed, HMR will treat your use as acceptance of the updated Terms.
14. General Legal Terms
14.1. The Terms constitute the whole legal agreement between you and HMR and govern your use of the Service (but excluding any services which HMR may provide to you under a separate written agreement), and completely replace any prior agreements between you and HMR in relation to the Service.
14.2. There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
14.4. You agree that HMR may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the website.
14.5. You agree that if HMR does not exercise or enforce any legal right or remedy which is contained in the Terms (or which HMR has the benefit of under any applicable law), this will not be taken to be a formal waiver of HMR’s rights and that those rights or remedies will still be available to HMR.
14.6. HMR shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
14.7. The Terms, and your relationship with HMR under the Terms, shall be governed by the laws of the State of Georgia without regard to its conflict of laws provisions. You and HMR agree to submit to the exclusive jurisdiction of the courts located within the county of Gwinnett, Georgia to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that HMR shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Refund and Cancellation Policy
To cancel the Service/Independent Contractor Agreements, a 14 business day written/signed notice is required. It should be scanned and emailed to firstname.lastname@example.org. Once cancelled, your account will remain active until the next due date. Past the due date, if no payment has been received, your account will be Suspended or terminated if no other arrangements are made. You will no longer be able to log in to the Ticketing System.
Due to providing services that are not tangible goods that can be returned we have a no refund policy. No refunds will be made, neither for full nor for partial month periods.
Last Edited on 18/18/2014