Arbitration Provision. If you and SalesHive cannot resolve a Claim through informal negotiations, the Claim shall be finally and exclusively resolved by binding arbitration. “Claim(s)” means any claim or dispute between the parties and/or their parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and/or assigns (who shall be third-party beneficiaries of this arbitration provision) arising out of or related to this Agreement or the Service. This arbitration provision is reciprocal, and any election to arbitrate by one party shall be final and binding on the other. This arbitration provision, including the interpretation and enforcement of this provision, shall be governed by the Federal Arbitration Act and federal arbitration law. The scope of this arbitration provision is to be given a fair interpretation to the fullest extent permitted by applicable law and not strictly against either party.
The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under its applicable rules, as modified by this arbitration provision. The parties shall each participate in the selection of a neutral arbitrator. If JAMS is unavailable to arbitrate, you and SalesHive agree to arbitrate using an alternative arbitral forum. All remedies available to the parties under applicable laws shall remain available in arbitration. All issues, including the interpretation and enforceability of this arbitration provision, shall be determined by the arbitrator. Unless you and SalesHive agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility closest to Denver, Colorado, provided that either party may elect to have the arbitration conducted by video conference or telephone. If you initiate arbitration against SalesHive, you will be required to pay an initial fee (unless you qualify for a waiver), and all other arbitration costs shall be paid as determined by the arbitrator. If SalesHive initiates arbitration against you, it shall pay all costs associated with the arbitration. Regardless, you and SalesHive will each pay your own attorney’s fees and costs unless an award of attorney’s fees is available under applicable statute. This arbitration provision does not limit any rights you may have under applicable statutes, including any rights to file a claim on an individual basis in small claims court or to seek a “public injunction.” The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may seek relief in a Court of Competent Jurisdiction (defined below) to stay proceedings pending arbitration, to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator, or for injunctive relief in aid of arbitration. You agree that without this provision, you would have the right to sue in court with a jury trial.
Waiver of Class Actions. YOU AND SALESHIVE (INCLUDING ANY THIRD-PARTY BENEFICIARIES) MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND SALESHIVE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY’S CLAIMS; AND THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THE INDIVIDUAL CLAIMS.
Governing Law and Venue. Subject to and without waiving the arbitration provision above, This Agreement shall be exclusively governed by and construed in accordance with the laws of Colorado without regard to its conflict of law principles, and the proper venue for any judicial action arising out of or related to this Agreement shall be the state and federal courts located in Denver, Colorado (a “Court of Competent Jurisdiction”). You and SalesHive stipulate to, and waive, any objection to the personal jurisdiction and venue of such courts and submit to extraterritorial service of process. If you reside outside the U.S. and bring a Claim against SalesHive outside the U.S., applicable laws may authorize you to bring a Claim against SalesHive, which shall be brought in your individual capacity, in the forum where you reside.
This Website, as a whole, is copyrighted as a collective work, and individual works appearing on or accessible through this Website are likewise subject to copyright protection. You agree to honor the copyrights in this Website (including the selection, coordination and arrangement of the contents of this Website) and in the works available on or through this Website. You may download and maintain single copies of designated materials for your personal use only or as authorized in separate agreement you may have with SalesHive. Any other use is prohibited.
In addition, trademarks and trade dress belonging to us or to others appear on or are accessible through this Website. The fact that we have permitted you access to this Website does not constitute authorization to reproduce our trademarks or trade dress for any other purpose.
Subject to your compliance with this Agreement, SalesHive grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited license to access and use the Service as intended by the Service and this Agreement. This license allows you to use the Service, but it does not allow you to reproduce, duplicate, copy, modify, sell or otherwise exploit any portion of the Service without the prior express written consent of SalesHive. All rights not expressly granted in this Agreement are reserved by SalesHive.
This Website and the Service may not be used for any illegal or unlawful purposes. SalesHive reserves the right to terminate access by any user that SalesHive deems questionable. Prohibited uses include, but are not limited to:
You shall not enter data that is knowingly inaccurate, incomplete, or false.
You shall not enter data that does not belong to you.
You shall not enter data for another user.
You shall not upload anything that may cause excessive strain on our systems and networks.
You shall not use our Service for anything other than their intended uses.
You shall not use our Service with the intent of hurting, damaging, destroying, or otherwise infringing on the stability and usefulness of our Service.
You shall not upload anything that is designed to damage the systems (ex. Viruses, Trojan horses, worms, time bombs, etc.) or designed to crack the system or extract protected data.
You shall not aggregate, package, spider, collect, display any of the content on this Website without the express written consent of SalesHive.
You shall not copy, duplicate or use any of the coding, markup language, or software that comprises the Website or any of its Service. None of these items may be reverse-engineered or duplicated for any purpose.
SalesHive may modify this Agreement at any time upon posting a new version via the Website or by other notice to you. You should review this Agreement periodically. Your continued access to or use of the Website or Service constitutes acceptance of modified provisions. This Agreement may otherwise only be modified by a writing signed by both parties.
We reserve the right to change the contents of this Website or to discontinue or change the Service at any time, as well as the right to deny access to the Website to any person whom we have reasonable grounds to believe may be using the Website for an unlawful or unauthorized purpose or in a manner that may harm us. SalesHive shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service made available through this Website. Sections intended to survive, including regarding dispute resolution, disclaimers, limitations of warranties and liability, intellectual property (other than your license to use the Service), and miscellaneous terms, shall expressly survive any termination of this Agreement.
SalesHive’s Websites and Service are not intended for children under the age of 18. If you are under the age of 18, you may not use the Website or the Service.
This Website makes no guarantees as to the accuracy or truthfulness of any data posted on our Website or Service. Any damage incurred by reliance upon this information is not the responsibility of SalesHive or its affiliates or partners. By using our Service, you assume all responsibility for and risk arising from your use of and reliance upon the contents or information provided. Research and data regarding our Service are provided for your convenience. We do not regularly update this information, so the information provided may not be current. In any event, you acknowledge that this information is not intended to be a guarantee of results when using the Service, but rather is provided for your information and convenience. You should do your own research before determining whether to use the Service, including by asking us to provide you with updated information.
You assume all liabilities and risks associated with your interaction with individuals you come in to contact with through the usage of our Service. We do not have the means to ensure that everyone is who they claim to be. We make no guarantees as to the legitimacy or accuracy of any claims that a third party consented to receive communications from us. Therefore, you agree to release SalesHive from liability resulting from any damages or occurrences resulting from the usage of our Websites or Service, or those of our partners.
OUR SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY INFORMATION CONTAINED ON, ACCESSIBLE THROUGH OR DERIVED BY YOU FROM THE WEBSITES AND WITH RESPECT TO ANY PRODUCTS OR SERVICES DELIVERED. WE LIKEWISE DISCLAIM ANY AND ALL LIABILITY TO YOU ARISING OUT OF INTERRUPTION OR DAMAGE TO YOUR COMPUTER SYSTEM OR SOFTWARE AS THE RESULT OF ACCESSING OR OTHERWISE USING THIS WEBSITE OR OUR SERVICE. WE NEITHER WARRANT NOR REPRESENT THAT THE SERVICE OR INFORMATION PROVIDED WILL ENABLE YOU TO ACHIEVE ANY PARTICULAR RESULT OR OUTCOME, LEGAL, ECONOMIC, EDUCATIONAL, OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING LOST REVENUES, LOST PROFITS, OR LOSS OF DATA ARISING OUT OF YOUR USE OF THIS WEBSITE OR OUR SERVICE. IN THE EVENT THAT ANY OF THE FOREGOING LIMITATIONS AND DISCLAIMERS IS INEFFECTIVE, YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU SHALL BE THE AMOUNT LISTED IN SECTION “LIABILITY LIMITATION”.
IN NO EVENT SHALL SALESHIVE, OR THEIR OWNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, OR FAILURE TO MEET ANY DUTY (INCLUDING GOOD FAITH, REASONABLE CARE, NEGLIGENCE, OR OTHERWISE), REGARDLESS OF THE FORESEEABILITY OF THE LOSS OR DAMAGES OR NOTICE OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE LOSS OR DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER THEORY OR FORM OF ACTION. YOU AGREE THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SALESHIVE AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. WITHOUT LIMITING OTHER PROVISIONS, IN NO EVENT WILL SALESHIVE OR ITS AFFILIATED ENTITIES OR AGENTS BE LIABLE TO YOU FOR ANY CLAIMS EXCEEDING USD $500 OR THE AMOUNT YOU TO PAID US IF GREATER.
Some jurisdictions may not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations may not apply to you.
You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify SalesHive and its parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and assigns (who shall be third-party beneficiaries of this provision) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages, loss, or harm, whether to you or to third parties, relating to your use of the Service.
The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. Should any part of this Agreement be declared invalid, void, or unenforceable by the arbitrator or Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and this Agreement is severable. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of SalesHive. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Except where expressly stated herein, there are no third-party beneficiaries to this Agreement. The headings in this Agreement are for convenience only. These Terms apply to the fullest extent permitted by applicable laws. You may have other rights and remedies not outlined above. These Terms and any offers are void where prohibited. Neither party will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond that party’s reasonable control, including “acts of God,” labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, pandemics, epidemics, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.