Last updated April 23, 2020
Users Based Outside the United States
If you are based in Canada, Australia or New Zealand, you agree to the applicable supplement terms that are included at the end of this Agreement, so please review them carefully.
Accepting the Terms
By using (and in return for us providing) the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our websites or use our software without registering) or you are a “Member” (which means that you have registered to create an account with Honey). The term “you” or “User” refers to a Visitor or a Member. The term “we” or “our” refers to Honey. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Honey. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. If you do not agree to this Agreement, please don’t use the Service.
We really want to make sure you read this next part so we’re going to use all-caps: THIS AGREEMENT CONTAINS (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS.
Privacy and your Personal Information
Description of the Service
As part of the Service, we provide you with a suite of tools that allows Users to locate and obtain deals, coupons, exclusive offers, pricing information, product, and other information to help make informed purchase decisions at attractive prices. We also allow you to make purchases from merchants while you are using the Honey Mobile App. Further details about the Honey Mobile App are described below. The Service also includes our Honey Gold and any other offerings described below.
For Members who choose to enroll in Honey Pay, please note that Honey Pay is further subject to the Honey Pay Terms of Service as well as the terms and policies of Honey Pay’s service providers.
The Service is provided to you by Honey as a free service. We work on your behalf with the aim of locating the best publicly available offers and negotiating exclusive offers that are better than any publicly available deal. We make money to sustain the service when you purchase or engage with these offers.
Honey Mobile App and Third-Party Merchant Purchases
The Honey Mobile App is a mobile app that allows you to view information about products listed for sale by third-party merchants online, find exclusive offers from those products, track pricing information, and purchase products from those third-party merchants while within the Honey Mobile App.
All products you purchase from a third-party merchant linked from the Honey Website or through the Mobile App are: (a) priced by the applicable third-party merchant (including but not limited to whether such prices include applicable local, state, or federal taxes, and any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable third-party merchant and not by Honey. Honey is not a re-seller or distributor of any products of third-party merchants displayed within the Honey Website or Mobile App.
You agree that your purchase from a third-party merchant linked from the Honey Website or within the Mobile App is subject to the merchant’s own terms and conditions applicable to such purchase. The Honey Mobile App will present you those merchant terms and conditions prior to making your purchase, and you can also access them from within the legal page of your account section of the Honey Mobile App. You agree that Honey is in no way responsible or liable to you for any products you purchase from a merchant linked from the Honey Website or within the Mobile App, including for any product liability claim, improper charges, delivery failures, pricing errors, or inaccurate product descriptions.
When you purchase products within the Honey Mobile App, you agree to pay the price for such products as set forth in the Honey Mobile App, and all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”).
Making a purchase within the Honey Mobile App then involves certain steps that we want to make sure you understand. When you make a purchase within the Honey Mobile App, you authorize Honey and its service providers to take the steps outlined below:
- When you first make a purchase within the Honey Mobile App, Honey’s third-party payment processors will issue a temporary authorization charge (also known as a pre-auth hold) on the payment card that you provided for the purchase. We do this to verify your payment information, and this authorization charge will be released following successful completion of your payment transaction.
- Next, to fulfill your purchase Honey’s third-party service provider will create a temporary single-use payment card (a “Single-Use Card”) that is linked to your name and your shipping and billing information. The original payment card that you provided for the purchase will then be charged the Full Purchase Amount by Honey’s third-party service providers, and this charged amount will be used to fund the Single-Use Card.
- Finally, the Single-Use Card will be used to purchase the product(s) that you have selected to purchase in step #1 above, from each of the applicable third-party merchant(s). This Single-Use Card is used to facilitate a single transaction, including any corresponding refund, and is not used for any other purpose.
Please note that, if you’re using the Honey Mobile App, your payment card information remains secured through our PCI Level 1 payment processor.
When you make a purchase within the Honey Mobile App, you represent and warrant that you have the legal right to use the payment method you provide to us, including, without limitation, any credit card you provide when making a transaction within the Honey Mobile App. We reserve the right, with or without prior notice and in our sole and complete discretion, to refuse to allow any user to purchase any products within the Honey Mobile App. You acknowledge and agree that the Honey Mobile App is not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any third-party merchants.
If you are unhappy with your product purchase, if you wish to return your product, if you ordered a product and it has not arrived, or if you have another customer service inquiry regarding your purchased product, you will need to contact the specific merchant of that product to address such an inquiry. The Honey Mobile App may include functionality that allows you to directly find the merchant’s contact information and return information in order to resolve such inquiry.
While we attempt to be as accurate as we can in our descriptions for the products shown within the Honey Website and Mobile App, we do not warrant that such product descriptions or related merchant information or terms shown within the Honey Website and Mobile App are accurate, complete, reliable, current, or error-free. The inclusion of any products within the Honey Website or Mobile App at a particular time does not imply or warrant that these products will be available at any other time.
When you make a purchase within the Honey Mobile App from a third-party merchant, the Honey Mobile App will also forward to your email that you have registered to your Honey account, certain transactional emails about your purchases from that merchant, such as purchase confirmations and shipping notifications. You can check all emails and other notifications sent from a merchant related to your purchase from within your account profile section of the Honey Mobile App. You agree that Honey is in no way liable to you for any emails or other notifications that you fail to receive from the Honey Mobile App or that are not directly forwarded to your personal email address. In some cases, Honey may, at its sole discretion, communicate with the merchant directly to attempt to resolve issues with the purchase process.
You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, and use the Honey Mobile App. We do not guarantee that the Honey Mobile App can be accessed and used on any particular mobile device or with any particular service plan. We do not guarantee that the Honey Mobile App will be available in, or that orders for products can be placed from, any particular geographic location.
Using the Honey Mobile App from Apple App Store and Google Play Store: The following terms and conditions apply to you if you are using the Honey Mobile App from the Apple App Store or Google Play Store. To the extent the other terms and conditions of the rest of this Agreement conflict with the terms and conditions of this paragraph, the terms and conditions in this paragraph apply, but solely with respect to your use of the Honey Mobile App from the Apple App Store or Google Play Store:
- You acknowledge and agree that this Agreement is solely between you and Honey, not Apple or Google, and that Apple and Google have no responsibility for the Honey Mobile App or content thereof. You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Honey Mobile App.
- In the event of any failure of the Honey Mobile App to conform to any applicable warranty, you may notify Apple or Google, as applicable, and they will refund the purchase price you paid to install the Honey Mobile App, if any, to you.
- To the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the Honey Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement.
- You and Honey acknowledge that Apple and Google are not responsible for addressing any claims of yours or any third-party relating to the Honey Mobile App or your possession and/or use of the Honey Mobile App, including, but not limited to: (a) product liability claims, (b) any claim that the Honey Mobile App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
- You and Honey acknowledge that, in the event of any third-party claim that the Honey Mobile App or your possession and use of the Honey Mobile App infringes that third-party’s intellectual property rights, Honey, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
- You must comply with applicable third-party terms of agreement when using the Honey Mobile App.
- You and Honey acknowledge and agree that Apple and Google, and their subsidiaries, as applicable, are third-party beneficiaries of this Agreement as its relates to your license and use of the Honey Mobile App, and that, upon your acceptance of this Agreement, Apple or Google (as applicable) will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
Account Information from Third Party Sites
With the Service, Members may direct Honey to interact with existing accounts they own and that are maintained online by third-party companies with which they have accounts (“Third Party Accounts”) such as Facebook or their accounts on the websites of specific merchants. Honey makes no effort to review the Third Party Accounts for any purpose, including but not limited to accuracy, legality or non- infringement. Honey is not responsible for the products and services offered by or on third-party sites. If your permission settings allow it, Honey may import information from your Third Party Accounts to help better offer the Services to you. Honey does not control the policies and practices of any third-party site or service, including any Third Party Accounts you connect to the Services.
Honey cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Honey cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
Honey Offers and Third-Party Links
In connection with Honey Offers, the Service will provide links to other websites belonging to Honey advertisers and other third parties. Honey does not endorse, warrant or guarantee the products or services available through the sponsored advertiser link, Honey Offer or Affiliate Link, (or any other third -party products or services advertised, presented on or linked from any portion of our Services), whether or not sponsored. Honey is not an agent, distributor, re-seller, broker or otherwise responsible for such third-parties or the activities or policies of those websites or the products or services. available on them. Honey does not promise or guarantee that the product details, prices, coupon availability or other service terms, rates or rewards offered by any particular advertiser or other third-party via our Service are the best prices, terms or lowest rates available in the market.
Honey has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third-party that you interact with through the Services. In addition, Honey will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
If there is a dispute between participants on our Service, or between users and any third-party (including a merchant from whom you purchase a product within the Honey Mobile App), you agree that Honey is under no obligation to become involved. To the maximum extent permitted by applicable law, in the event that you have a dispute with one or more other users, you release Honey, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: ”A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Where you carry out certain activities via our Service (including clicking on certain Honey Offers) you will earn rewards points that we call “Honey Gold”. Honey Gold is awarded where you complete a certain action using the Service, most commonly by completing a transaction on a specific third-party merchant’s website. Where Honey Gold is applicable to a particular action, this will be indicated on the Service. Once you accumulate enough Honey Gold, you can log in and redeem it for a gift card on the Honey Website. Selection of merchant gift cards may vary based program availability. Use of a third-party merchant gift card at a selected merchant will be subject to the merchant’s own terms of service.
We can afford to give you Honey Gold because these offers are designed to share with you a portion of an affiliate commission paid by a third-party merchant to us. As such we can only provide Honey Gold to you when an action is successfully completed and tracked and after we are paid the relevant commission by the third-party merchant. If we are ultimately unable to recover payment from the relevant third-party merchant, then Honey shall have no obligation to provide any Honey Gold to you for the action performed by you. This includes instances where there are difficulties in tracking a transaction due to your use of an ad blocker or interaction with another affiliate program. To ensure you are eligible for Honey Gold in relation to a transaction, we may require you to provide copies of your order confirmation, order number, or other proof of purchase. Additionally, you must be a Member in order to participate in the Honey Gold program.
If you have any trouble using Honey Gold then please contact us at firstname.lastname@example.org and we will try to figure out what went wrong. In our sole discretion we may choose to award you Honey Gold if you provide enough information about your transaction. Please note that to prevent abuse your account may become ineligible for Honey Gold if tracking your transactions becomes an issue. Basically, we’re going to try to be good people and we hope you choose to do the same. This only works if everyone plays fairly.
Honey Gold is not transferrable (i.e. it is personal to each User) and can expire as further explained below.
Expiration of Honey Gold
To maintain your Honey Gold points, you must earn at least 10 Honey Gold points during each consecutive 12-month period. To the maximum extent permitted by applicable law, if you do not earn at least 10 new Honey Gold in each 12-month period, your Honey Gold balance will automatically reset to zero (0). To the maximum extent permitted by applicable law, you agree that any disputes about whether your Honey Gold points should expire will be resolved by Honey in its sole discretion, and you agree to abide by Honey’s resolution of such dispute.
Referral And Other Rewards Programs
Periodically Honey may make you offers to receive Honey Gold or other rewards for taking actions to promote the Service (collectively “Rewards Programs”). In general, if you participate within the spirit of the program you will be rewarded. However, to protect ourselves from seen and unforeseen issues we reserve the right, in our sole discretion, to withhold such consideration, including Honey Gold, for any reason at any time with or without any cause. By participating in Honey Rewards Programs you accept this condition. Additionally, we may choose in our sole discretion to institute a limit on how many times you can receive each type of reward. These limits will vary from program to program. If you have questions about how many times you can participate in each Rewards Program please contact us.
Honey reserves the right to withhold or retract Honey Gold if it was accumulated through deceptive, artificial, or illegal means designed to cheat or game the program. (For instance, if you try to accumulate Honey Gold through use of a bot network, purchased email lists for unconsented referrals, or by engaging in repeated purchase-return behavior.)
Honey reserves the right at any time to cancel, modify, or restrict any aspect of our Rewards Programs, including any point conversion ratios, redemption offers, expiration terms, etc. Honey reserves the right to apply such changes retroactively to rewards already accrued under any Rewards Program, if it determines that you have done so in violation of this Agreement.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID email address, allows you to access the Service. That Login ID and password, together with any other contact information you provide form your “Registration Information.”
By providing us with your email address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser. We may also use your email address to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data, adjust your user preferences in your account profile and /or click "Unsubscribe" in any e-mail communications we send you.
If you become aware of any unauthorized use of your Registration Information, you agree to notify Honey immediately.
Your Use of the Service
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non- commercial purposes. Subject to your compliance with this Agreement, Honey hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to (i) use the software and content provided to you as part of the Services (for personal, non-commercial purposes; and (ii) download a single copy of our software for such use.
Accurate records enable Honey to provide the Service to you. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of the Service may be interrupted from time to time due to third-party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance or repair of the Service by Honey. While we will make reasonable efforts to make the Service available to you, we do not promise that it will be available at all times.
You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Honey);
- Violates any law or regulation or this Agreement;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Honey account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other User;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure) or that would bypass the navigational structure or presentation of the Service;
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; or
- Circumvents, removes, alters, deactivates, degrades or thwarts any technological measure or content protections of the Service.
If you violate or infringe any of the rules above, we may immediately suspend or terminate your right to use or access the Services.
Automatic notifications may be sent to you following certain changes made online to your Honey account, such as a change in your Registration Information.
Voluntary account notifications may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These notifications allow you to choose alert messages for your accounts. Honey may add new notifications from time to time, or cease to provide certain notifications at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your notifications service.
Electronic notifications will be sent to the email address you have provided as your primary email address for the Service. If your email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your notifications.
Because notifications are not encrypted, we will never include your passcode. However, notifications may include your Honey login information and some information about your accounts. Anyone with access to your email will be able to view the content of these notifications. At any time you may disable certain notifications, although we may still send you Service-related notices as needed to allow us to provide you the Service.
As part of the Honey Mobile App and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, emails or other types of messages directly sent to you outside or inside the Honey Mobile App (“Push Messages”). You acknowledge that, when you use the Honey Mobile App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Honey Mobile App or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Honey Mobile App, including your receipt of Push Messages from Honey.
Rights you Grant to us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Honey through the Service, then (except for User Content, to which the specific rules below apply) you hereby give Honey permission to use that content solely for the purpose of providing the Service. Honey may use and store the content, but only to provide the Service to you. By submitting this content to Honey, you represent that you are entitled to submit it to Honey for use for this purpose, without any obligation by Honey to pay any fees or other limitations.
Honey's Intellectual Property Rights
The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under copyright, trademark and other laws. The contents of the Service belong or are licensed to Honey or its software or content suppliers. Honey grants you the right to view and use the Service subject to this Agreement. Any distribution, reprint or electronic reproduction of any content from the Service other than as expressly permitted in this Agreement and without our prior written consent, is prohibited. If you would like to request such permission, shoot us an email at email@example.com.
Access and Interference
You agree that you will not do stuff to make it harder for other users to enjoy our Service. We’d prefer not to have to list all of these things here, so don’t make us.
Rules for Posting Content
As part of the Service, Honey may allow Members to post content on various publicly available locations in the Service (“User Content”). You agree in posting User Content to follow the following rules:
- You are responsible for all User Content you submit to the Service.
- By submitting User Content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access and use your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
- You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
Disclaimer of Representations and Warranties
WE THOUGHT IT WOULD BE A GOOD IDEA TO INCLUDE A SECTION THAT IS IN ALL CAPS TO GET YOUR ATTENTION SO HERE IT GOES:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. HONEY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
HONEY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. HONEY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT.
You understand and agree that any notifications provided to you through the Service may be delayed or prevented by a variety of factors. Honey does its best to provide notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You also agree that Honey shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of a notification; or for any actions taken or not taken by you or any third-party in reliance on a notification.
Limitations on Honey's Liability
HERE WE GO AGAIN:
HONEY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF HONEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, HONEY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF HONEY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.
Your Indemnification of Honey
You shall defend, indemnify and hold harmless Honey and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees and other legal expenses, in whole or in part arising out of or attributable to your use of the Service (including any purchases you make within the Honey Mobile App) or any breach of this Agreement by you or your violation of any law or the rights of a third-party when using the Service.
Ending your Relationship with Honey (and vice versa)
This Agreement will continue to apply until terminated by either you or Honey as set out below.
If you want to terminate this Agreement, you may do so immediately at any time by closing your account for the Service. Please use the directions below to cancel your account, only if you have created a Membership. Otherwise just uninstall Honey and stop visiting our Website and using other Services.
Email firstname.lastname@example.org to cancel your account. Upon doing so:
- your account will be closed, your Honey Gold account will be zeroed out, and your ability to log in deactivated; and
Honey may immediately, at any time, terminate this Agreement (and therefore your right to access and use the Service) by notifying you (if safe to do so) to the e-mail address provided by you as part of your Registration Information. Unless the reason for Honey doing this is that you have breached this Agreement in a serious way, in these circumstances, we will let you redeem your remaining Honey Gold.
Honey may modify this Agreement from time to time, to reflect: (i) technological developments; (ii) changes to the Service; and (iii) changes to law and regulation. Any and all changes to this Agreement will be posted on the Website. In addition, the Agreement will always indicate the date it was last revised. These changes will not be retrospective (i.e. they will only apply from the date notified, or any later date stated in the notification). If you do not agree to the changes, you are free to exercise your right to stop using the Service and terminate this Agreement (as above). You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD-PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 963 E. 4th Street, Los Angeles, CA 90013.
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND HONEY ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned.
If you do not want to arbitrate disputes with Honey and you are an individual, you may opt out of this ARBITRATION CLAUSE & CLASS ACTION WAIVER by sending an email to email@example.com within thirty (30) days of the first date you access or use the Service. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Governing Law and Forum for Disputes
This Agreement, and your relationship with Honey under this Agreement, shall be governed by the laws of the State of California in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with Honey, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Honey may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Honey is able to offer the Service at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Honey, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement (LAST TIME FOR ALL CAPS, PROMISE):
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
Copyright Disputes and User Content
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Honey, being asked to remove user generated material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable User Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, visit here. To learn more about the DMCA, here.
California Consumer Rights Notice
California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952- 5210.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Honey does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Honey has the benefit of under any applicable law), this will not be taken to be a formal waiver of Honey’s rights and that those rights or remedies will still be available to Honey.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
Honey welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing us at firstname.lastname@example.org or writing us at 963 E. 4th Street, Los Angeles, CA 90013.
Supplemental Terms for Users Accessing or Using Our Services in Canada, Australia or New Zealand
If you are accessing or using our Services in Canada, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Services in Canada:
- Application of the Canadian Provincial Consumer Laws. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of Canadian provincial consumer laws, including any applicable statutory consumer guarantees and rights, contained in Canadian provincial law. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law.
- Governing Law for Consumers Residing in Quebec. If you reside in Quebec, the Agreement will be governed the laws of the Province of Quebec, without giving effect to any principles of conflicts of laws.
- Commercial Electronic Messages: We will obtain your consent where required by law to send you Electronic Notifications, Push Messages or emails about our own and third-parties' goods and services that may be of interest to you.
If you are accessing or using our Services in Australia, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Services in Australia:
- Application of the Australian Consumer Law. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), including any applicable statutory consumer guarantees, contained in the Australian Consumer Law. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law, including the Australian Consumer Law, if applicable.
- Indemnity. You will not be obliged to indemnify Honey under the section titled ‘Your Indemnification of Honey’ to the extent that any claims and expenses arise from the negligence or wilful misconduct of Honey, its officers, directors, shareholders and employees.
- Modification. Where Honey modifies this Agreement, we will provide you with reasonable notice, where practicable, of such modification.
- Honey Gold. Except in the event fraud, any cancellation, modification or restriction of any aspect of our Rewards Programs (including Honey Gold) will be effective on our provision of reasonable notice to you, where practicable, and will not apply retroactively.
- Marketing and communications. Subject to your right to unsubscribe under ‘Your Registration Information’, you consent to receiving, and our use and disclosure of your personal information in order to send you, sponsored links from advertisers, third-party offers, Honey Offers, personalized links or other electronic notifications, which may be of interest to you.
If you are accessing or using our Services in New Zealand, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Services in New Zealand:
- Application of New Zealand consumer laws. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of mandatory provisions of New Zealand consumer law, such as the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law.
- Indemnity. You will not be obliged to indemnify Honey under the section titled ‘Your Indemnification of Honey’ to the extent that any claims and expenses arise from the negligence or other unlawful act or omission of Honey, its officers, directors, shareholders and employees.
- Modification. Where Honey modifies this Agreement, we will provide you with reasonable notice, where practicable, of such modification.
- Honey Gold. Except in the event fraud, any cancellation, modification or restriction of any aspect of our Rewards Programs (including Honey Gold) will be effective on our provision of reasonable notice to you, where practicable, and will not apply retroactively.
- Commercial Electronic Messages: We will obtain your consent where required by law to send you Electronic Notifications, Push Messages or emails about our own and/or third-parties' goods and services that may be of interest to you. We will comply with all applicable legal requirements in relation to the electronic messages we send you, and will ensure that any text messages you receive are not billed to you unless you have specifically consented to the associated fees and charges.