This Agreement sets forth the legally binding terms and conditions for use of the Service, the Site, and any other websites or services provided by Hankinson Consulting.
ACCEPTANCE OF TERMS
By using the Hello Focus Service in any manner, You agree to be bound by this Agreement, including referenced terms, conditions and policies.
If You are entering into this agreement on behalf of an organization or other legal entity, You are declaring that You have the authority to bind such entity, its affiliates, and all users who access the Hankinson Consulting Service through Your account to these Terms of Service.
The following capitalized terms, when used in this Agreement, have the following meanings:
“Agreement” or “Terms of Service” is referring to this document, “Hankinson Consulting’s Terms of Service”.
“Payer” is anyone paying, donating, or transacting monetarily with Your organization.
“You”, “User”, or “Customer” refer to any business, person or organization that has accepted these Terms of Service to use the Service.
“Service” means, but is not limited to, the offering of Hello Focus’s marketing website.
“Hello Focus” is a web-based identity based in Halifax, Nova Scotia operated by Hankinson Consulting Inc.
“Account” is the relationship between You and Hankinson Consulting when You accept these Terms of Service.
“Site” refers to the website hosted at domain http://www.hellofocus.com/ and all associated subdomains.
Hankinson Consulting values Your security. Technical, physical, and administrative procedures are in place to protect Your information from unauthorized access and accidental loss or modification. We cannot guarantee these measures will never be defeated by unauthorized third parties. You acknowledge that You provide this personal information regarding You and Your payers at Your own risk.
You are responsible for maintaining the security of Your Hankinson Consulting and Stripe login credentials. Hankinson Consulting is not liable for any loss or damage from Your failure to maintain the security of these credentials.
MODIFICATION OF Hankinson Consulting’S TERMS OF SERVICE
Hankinson Consulting reserves the right, acting in its sole discretion, to modify or replace any of the Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending an email to You. Hankinson Consulting can impose limits on certain features and Services or restrict Your access to parts or all of the Service without notice or liability.
COPYRIGHT AND CONTENT OWNERSHIP
You retain Your rights to any content You submit, post or display on or through the Service. By submitting, posting or displaying content on or through the Service, You grant Hankinson Consulting a worldwide, non-exclusive, royalty-free license to use, adapt, modify, publish, and display the content in any and all media or distribution methods (now known or later developed).
You are responsible for all taxes required to be collected, paid, reported, remitted, or withheld for any reason in connection with your use the Service.
THIRD PARTY SERVICES
You acknowledge and understand that Hankinson Consulting uses third party vendors to provide the necessary hardware, software, networking, and related technology required to run the Service. Hankinson Consulting reserves the right to change Service providers at any time. Hankinson Consulting is not responsible for any interruptions in the Service as a result of these third party vendors or its integration with them.
As a condition of use, You promise not to use the Service for any purpose that is prohibited by these Terms of Service.
You agree to pay the fees assessed by Hankinson Consulting to You for providing the Service. These fees will be calculated pursuant to the rate linked to here: http://hellofocus.com/pricing/. We reserve the right to revise our Fees at any time, subject to a thirty (30) day notice period to Your via the email address linked with Your Account.
Except as required by law, You are solely responsible for compiling and retaining permanent records of all transactions and other data associated with Your Hankinson Consulting Account, Your Stripe Account, Your Transaction History in either Service (Hankinson Consulting or Stripe) and Your use of the Hankinson Consulting Service.
Hankinson Consulting grants You a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Service solely to accept and receive payments and to manage the funds You receive.
The Service is licensed, not sold. We reserve all rights not expressly granted to You in this Agreement.
The Agreement is effective upon the date You register Your Account by electronically indicating acceptance and continues until terminated by Hankinson Consulting or You cancel the service.
You may terminate this Agreement by cancelling Your Hankinson Consulting Account. We may terminate this Agreement and close Your Account at any time for any reason mentioned explicitly or implicitly in these Terms of Service.
You agree that Hankinson Consulting is an independent contractor, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended to be created by this Agreement.
You agree to indemnify and hold Hankinson Consulting and (as applicable) any parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of his, her, or its breach of this Agreement (including any documents it incorporates by reference) or Your violation of any law or the rights of a third party.
No party will be liable for delays in processing or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse Your liabilities, including without limitation for reversals, chargebacks, claims, fines, fees, refunds or unfulfilled products and Services.
While Hankinson Consulting prides itself in outstanding up-time, it does not guarantee continuous, uninterrupted access to the Service, and operation of the Service.
Hankinson Consulting AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE THE SITE AND THE SERVICE “AS IS,” AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. Hankinson Consulting’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Hankinson Consulting SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
LIMIT OF LIABILITY
IN NO EVENT SHALL Hankinson Consulting, AND (AS APPLICABLE) Hankinson Consulting’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR CONDUCT IN CONNECTION WITH THE USE OF THE SERVICE, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. Hankinson Consulting’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Hankinson Consulting’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO ANY USER, CLIENT NONPROFIT, OR THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES PAID BY THE CLAIMANT TO Hankinson Consulting IN THE 12 MONTHS PRIOR TO THE ACT GIVING RISE TO LIABILITY, OR (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
If any provision of this Agreement is held unenforceable, then such provision will be disregarded, and all remaining provisions of this Agreement shall remain in full force and effect.