TERMS AND CONDITIONS AND PRIVACY POLICY
The following Terms and Conditions and Privacy Policy (“Terms”) addresses the terms and conditions governing your rights as a user of Hey, Honcho! LLC’s (“Honcho”, “we”, “us”, or “our”), website, and our rights and obligations with respect to our users.
These Terms constitute an electronic contract between you and Honcho and are legally binding. By accessing and using our website, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not access our website. You should carefully read these Terms before submitting any personally identifiable information (“PII”) to us.
We maintain the right, in our sole discretion, to change, modify, amend, or supplement these Terms at any time and without notice. Your continued access to our website after any revision of these Terms means you accept those changes and agree to be bound by those updated terms. The current version of these Terms will always be accessible to you on our website.
By accessing our website, you also agree that we may send you communications via email or some other manner, whether electronically or in physical format.
PII That May Be Maintained by Honcho
Honcho will only obtain PII from you that is necessary for Honcho to provide you with access to all website features and sign you up for Honcho’s services, as applicable. For purposes of these Terms, PII shall mean any information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked to a specific individual. We may collect the following PII that identifies you or relates to you either after receiving such information directly from you or otherwise in relation to your use of Honcho’s services and/or access to our website, such as your:
· Name;
· Device type;
· Postal address;
· Telephone number(s);
· Email address(es);
· Geolocation information;
· IP address;
· Domain name;
· The type of browser and operating system used to access our website; and,
· The links you use to go to other websites through our website.
Use of PII
The PII we collect is combined with other information collected about you and is used and disclosed in a number of ways by us, to help us better understand and serve our clients, including:
· providing you with, or otherwise responding to your requests for, information and/or services, including but not limited to e-newsletters and marketing programs;
· providing you with information about new services, events that Honcho sponsors, and other special offers and marketing programs, which may include information about partner companies, upcoming projects, or other programs any of us or them are involved with;
· enhancing our clients’ experiences while working with us and while using our website;
· analyzing client behaviors and trends;
· conducting research and analysis and to otherwise measure the effectiveness of our online and offline marketing efforts and to develop products, services and marketing programs; and,
· coordinating program activities and communications with other marketing programs conducted by us.
We may disclose PII to:
· a parent, subsidiary or affiliate of our company;
· third-party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, hosting and server providers, ad networks, analytics, error loggers, debt collectors, maintenance or problem-solving providers, marketing providers, professional advisors, and payment systems operators;
· our employees, contractors, and/or related entities;
· our existing or potential agents or business partners;
· credit reporting agencies, courts, tribunals, and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
· courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise, or defend our legal rights;
· third parties, including agents or sub-contractors who assist us in providing information, products, services, or direct marketing to you;
· third parties to collect and process data; and,
· an entity that buys, or to which we transfer all or substantially all of our assets and business.
We may also use any non-personal information by itself, as part of aggregated information, or as anonymous information that does not personally identify you. As aggregated and/or anonymized information does not constitute PII, we may use it for any purpose. We may provide this and certain other non-personal information to third parties, who may in turn use this information to help us improve our services and our website this will not involve disclosing any of your PII.
If we combine anonymized or aggregated data with PII, we will treat the combined information as if it were PII which will be afforded the protections required by applicable law.
We may use your PII to communicate with you including, but not limited to, responding to your inquiries, fulfilling your requests or to send information to you. We take all reasonable steps and precautions to protect the information you provide us from unauthorized access, disclosure, alteration, loss, damage, or corruption of PII. However, this cannot be absolutely guaranteed, and we therefore expressly disclaim all liability resulting from any unauthorized access, disclosure, alteration, loss, damage, or corruption of PII, including as a result of any data breaches, crashes, network or server outages, scheduled or unscheduled downtime or maintenance.
Except as otherwise set forth herein, you have the following additional rights with respect to your PII:
1. Access. You have the right to request a copy of the PII that we have in our possession. If you would like a copy of some or all of your information, please submit your request to Honcho in writing.
2. Deletion. You have the right to request that we delete your PII from our systems, including any PII that is incorrect or inaccurate, subject to certain exceptions. For example, we may need to retain certain information pursuant to applicable law.
3. Restrictions. You have the right to request that we limit the use of your PII outside of your submission of your eligibility application. We do not sell or rent to third parties any of the PII that you provide to us through our website or at our location, or authorize any of our suppliers to sell or rent any such PII, and we do not authorize any of our suppliers to make independent use of your PII for their own purposes, including but not limited to direct marketing.
4. Portability. Where applicable, you have the right to request that we transfer your PII to another organization for your own purposes.
5. Objection. You have the right to object to the processing of your PII in certain circumstances. To exercise these rights, please submit your request to Honcho in writing. We will respond to your request within a reasonable timeframe. Please note that we may ask you to verify your identity before taking further action on your request in order to ensure the security of your PII.
Any PII provided by you in accessing our website will be retained by Honcho as required by applicable law.
Electronic Messaging Policy
By providing your phone number and/or email and opting in to automated reminders and text messages and/or emails from us, you consent to receiving periodic text messages and/or emails from Honcho regarding updates, upcoming events, and other relevant information.
Message frequency may vary, and standard message and data rates may apply. We do not charge for mobile messages or emails sent to you, but you are ultimately responsible for any message and data rates imposed by your mobile provider. If you have any questions about your text plan or data plan, please contact your mobile carrier.
You may opt out of receiving text messages or emails from us at any time. To do so, either click where designated in our email, or, to opt out of text messages, reply with “STOP”, “QUIT”, or “CANCEL” to any promotional text message you receive from us. You may continue to receive text messages and/or emails for a short period while we process your request and you may receive a one-time opt-out confirmation message.
Our mobile and electronic messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Terms. We may also change the telephone number, email, or short code we use to operate our electronic messaging program. You acknowledge that any requests sent to a telephone number, email, or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number, email, or short code that has been changed.
External Links
Honcho expressly disclaims all liability for any unauthorized access, disclosure, alteration, loss, damage, or corruption of PII, including as a result of any data breaches, crashes, network or server outages, scheduled or unscheduled downtime or maintenance, or other network or security failures.
Our website occasionally contains links to other web pages; however, the inclusion of such links does not constitute referrals or endorsements of the linked entities. Honcho does not endorse and is not responsible for any third-party content that may be accessed from its website and does not recommend or endorse the use of any third-party’s services. The links are to be accessed at the user’s own risk, and the authors of our website make no representations or warranties about the content or security of these links.
Compliance with Laws
By accessing or using our website, you agree to use our website pursuant to these Terms and solely for your own bona fide, legitimate, and lawful personal purposes. You agree that it is your responsibility to know and understand the laws applicable to your use of our website.
You specifically agree not to:
· license, sublicense, sell, assign, transfer, share, distribute, or otherwise market or exploit our website in any way, or otherwise make our website available or accessible to any third party;
· display, share, disseminate, market, or otherwise disclose any content that would infringe or otherwise violate the rights of any third party, including Honcho, and including but not limited to any such party’s intellectual property rights;
· display, share, disseminate, market, or otherwise disclose any content that would be considered unlawful, spam, fraudulent, misleading, or unsolicited communications, or violate any applicable federal, state, local, or foreign laws, rules, or regulations concerning privacy, security, obscenity, defamation, incitement, hate speech, pornography, terrorism, discrimination, money laundering, gambling, child protection, and other applicable laws;
· copy, modify, adapt, or repurpose our website, or make derivative works thereof;
· access our website for any purpose other than the proper and bona fide use of our website;
· directly or indirectly undertake any effort, or attempt to undertake any such effort, to reverse engineer or decode our website, or any component thereof, to create a competitive program, whether for your own use, for market use, or any other reason; or
· interfere with or disrupt our website or any component thereof, including data, networks, sites, and servers.
Children Under the Age of 13
Our website is not intended for children under 13 years of age. No one under 13 may provide any personal information to or on our website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on our website, register for our services on our site, use any interactive or public commentary features on our site, or provide other information about yourself to us (including your name, address, telephone number, and/or email address). If we learn that we have collected or received personal information from someone under the age of 13 without verification of parental consent, we will delete that information.
California residents under age 16 may have additional rights regarding the collection and sale of their personal information.
Our website may offer certain features that enable all users, including children, to communicate with other users on our website. We do not control the types of information your child can send or post through them. We encourage parents to educate their children about safety online and to carefully monitor their children’s use of social features to ensure they do not disclose their personal information through them.
California Users
If you are a California resident, California law may provide you with additional rights regarding our use of your information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa. California’s “Shine the Light” law (Civil Code Section 1798.83) permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us.
International Users
We control and operate our website and our services from and within the United States of America. While we understand that foreign citizens may have access to and use our services, we make no representation that our website or its contents are appropriate for such users. To the extent any such users access our website, the Company will comply with all applicable privacy and data laws that will apply.
Residents of the European Union have rights, under certain circumstances, to: (i) receive communications related to the processing of their PII that are concise, transparent, intelligible, and easily accessible; (ii) be provided with a copy of their PII held by us; (iii) request the rectification or erasure of their PII held by us without undue delay; (iv) request that we restrict the processing of their PII (while we verify or investigate their concerns with this information, for example); (v) object to the further processing of their PII, including the right to object to marketing; (vi) request that their PII be moved to a third party; (vii) receive their PII in a structured, commonly used and machine-readable format; and (viii) lodge a complaint with a supervisory authority.
Intellectual Property; Copyrights
The copyright in all content provided on our website is held by Honcho or by the original creator of the content. Except as provided herein, such content may not be reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Honcho or the copyright owner.
The trademarks, service marks and logos (“Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Honcho and others. Nothing on our website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on our website, without the written permission of the Trademark owner.
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via our website, please notify Honcho immediately.
No Discrimination
Your PII, including but not limited to, information related to race, ethnicity, gender, religion, sexual orientation, or any other protected characteristic under applicable laws, will not be used by Honcho in any discriminatory manner.
Disclaimer and Indemnification
YOUR ACCESS TO OUR WEBSITE IS AT YOUR OWN RISK AND PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS EXPRESSLY STATED IN WRITING, NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR SERVICES OR OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES AND/OR OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS HONCHO, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, FINES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR USE OF OUR WEBSITE AND/OR YOUR VIOLATION OR BREACH OF THESE TERMS.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HONCHO, ITS MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE), INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Waiver
Honcho’s failure to enforce any provision of these Terms shall not be construed as a waiver or limitation of Honcho’s right to subsequently enforce and compel strict compliance with these Terms.
Severability
These Terms shall be deemed severable, and the invalidity or unenforceability of any provisions herein shall not affect the validity or enforceability of the other provisions herein.
Suspension and Termination
Either you or Honcho may suspend or terminate your access to our website at any time, for any reason. Should you request to terminate your access to our website or any logins that may be provided to you as a result of your use of our website, you shall submit written notice to Honcho, and such termination will be effective upon Honcho’s receipt of such written notice.
Termination of access by either you or Honcho will not cause any term of these Terms, which by its nature should survive termination, to lapse. Such provisions which will survive termination of these Terms include, but are not limited to, disclaimers and warranties, limitations on liability, indemnification, and retention of PII.
Governing Law and Jurisdiction
Any dispute or claim arising from our website or these Terms shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law, provision, or rule. Any suit, action, claim, complaint, or proceeding arising out of, or related to your access to our website or these Terms shall be instituted exclusively in the federal or state courts of the State of New York, New York County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
To contact Honcho about our website or these Terms, please contact us at:
Hey, Honcho LLC
165 Monroe St. #1
Brooklyn, NY 11216
info@heyhoncho.com