Honey Terms of Service
Honey may modify these Terms from time to time, and modified Terms will take effect immediately upon posting to Honey’s website or application. Your continued use of the App after modified Terms have been posted will constitute your acceptance of such modified Terms.
- “Account” means the account associated with your information provided during the enrollment and setup process using the App.
- “App” means Honey’s software for the preparation and display of case presentations known as the “Keenan Case Presentation System.”
- “Case” means a specific legal case or matter for which you are using the App to create presentations.
2) License to use App; Per-Case Pricing
Upon your purchase and download of the App, Honey grants you a limited, non-exclusive, non-transferable, and revocable right and license to access and use the App in accordance with the Terms.
You will pay to use the App on a per-Case basis. You will use the in-App case-management mechanism to purchase the right to make presentations for a given Case, at a rate of $1,000.00 per Case. You may not repurpose or redeploy a presentation for any purpose other than a Case you have purchased. Honey will superimpose a Case-specific watermark or other distinguishing feature on all presentations to identify them as being associated with a specific Case you have purchased. You may not obscure, modify, or remove the watermark or distinguishing feature.
You are strictly required to purchase a new license for each individual Case, and you may not reuse existing presentations from other Cases to avoid the payment fees for a new Case. Honey will vigorously pursue all available remedies in the event of your breach of this provision or any other attempt to avoid the payment of Case fees, including without limitation the filing of a state bar ethics complaint against you.
3) Authority and Eligibility
You represent either that: (i) you are an individual entering this Agreement for his or her personal use and you are over 12 years of age; or (ii) you are the authorized representative of a company or legal entity, duly organized, validly existing, and in good standing under the laws of the jurisdiction of its organization, and that you are duly authorized to accept and execute this Agreement.
The individual User associated with each Account shall be held responsible for all actions taken by or through the Account. Users acknowledge and agree that where a business or company name is associated with their Account, this Agreement is a contract with the User as an individual, as well as the with the business or company associated with the User’s Account.
4) Using Your Account
You will provide accurate information when you sign up to use the App and will keep your Account information up-to-date. You will also use your real name, or the legal name of the entity you represent, use your own email address, or one that you have permission to use, and you will not let anyone else use your Account.
You are solely responsible for all activity on your Account, as well as all fees incurred in relation to your Account.
You may not transfer or assign your Account, including any rights or obligations you have under this Agreement, to any third party.
Honey retains the right to close or suspend your account in whole or in part, and to terminate your use of its App at its discretion and without notice. You may terminate your account with Honey at your discretion.
5) User Conduct
You will use the App solely in accordance with these Terms, applicable law, applicable rules of professional conduct, and any other regulations that may bear on use of the App or the making of legal presentations. Honey is not responsible for ensuring any presentation’s compliance with applicable state bar rules or local court rules. You have sole responsibility for ensuring your use of the App or the making of any presentation does not violate any applicable rules or regulations.
6) Intellectual Property
The App, its source code, and its visible features are all copyright © 2021 by Honey.law LLC, and, other than the limited license granted to you in Section 2) of these Terms, you will have no ownership rights therein or thereto. Honey reserves all rights not expressly granted in these Terms.
The App includes clip art, backgrounds, templates, and other built-in content. Honey hereby grants to you the limited, worldwide, right and license to use, reproduce, modify, publicly perform, and publicly display such built-in content solely in your presentations prepared using the App and in for no other purpose.
The names “Honey”, “Honey.law”, and all other Honey marks, logos, taglines, graphics, and visible features appearing on the App are service marks, trademarks, or trade dress of Honey and may not be used in connection with any product or service that is not offered by Honey in any manner that is likely to cause confusion among customers. All other trademarks, product names, company names, and logos used on the App, if any, are the property of their respective owners. You may not make any changes to the App or use the App in a manner that would materially obscure any Honey branding, identification, or watermark.
Honey does not claim any ownership rights in the content you add to presentations, ownership whereof will be and remain with you. You shall bear sole responsibility for ensuring that the content in your presentations constitute your original works of authorship or that you have obtained the right to use, perform, and display such content in the manner anticipated by your use of the App. You must not infringe the intellectual property rights of Honey or any third party.
You represent and warrant to Honey that you have the unencumbered right to use, perform, and display all content you add to your presentations using the App and that all such content will comply with all applicable law. You alone will bear sole liability for all of your content, any errors and omissions therein, and all harms caused thereby. You will indemnify, defend, and hold harmless Honey from and against all claims, damages, awards, fees, and costs (including without limitation reasonable attorneys’ fees) incurred by or charged to Honey in connection with any act or omission of yours or otherwise arising from your content or use of the App.
8) Disclaimer of Warranties
User will have sole responsibility for conducting User’s professional conduct responsibly. Your use of the App and any information obtained through or from Honey will be at your own risk. The App is provided on an “as is” basis. You acknowledge and agree that Honey exercises no control over, and accepts no responsibility for, the content you add to the App or passing through Honey’s host computers, network hubs, points of presence, or the Internet in general. Honey makes no warranties of any kind, either express or implied, including without limitation warranties of title, non-infringement, merchantability, or fitness for a particular purpose, nor any warranties implied by a course of performance, course of dealing, or usage of trade. Honey makes no warranties that the App will be uninterrupted or error-free or that any results obtained from the use of App will be accurate or reliable. Honey makes no warranties that the App will comply with any federal, state, or local bar rules or codes of professional responsibility.
9) Limitation of Liability
To the fullest extent permitted by law, neither Honey, nor its officers, directors, shareholders, or agents will be liable for any consequential, indirect, incidental, special, or punitive damages, or loss of profits, revenue, data, or use by you or any third party, whether in an action in contract, tort, strict liability, or other legal theory. Honey will not be liable to you or any third party for any loss or damages that result or are alleged to have resulted from the use of or inability to use the App, or that result from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations or transmission, or any failure of performance, whether or not limited to acts of nature, communications failure, theft, destruction, or unauthorized access to Honey’s records, programs, equipment, or services, or any other condition whatsoever.
Notwithstanding anything to the contrary in these Terms, Honey’s maximum liability under these Terms for all damages, losses, costs, and causes of actions from any and all claims will not exceed the actual dollar amount paid by you for the portion of App that gave rise to such claims during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.
The App may contain links to third-party websites not under Honey’s control or ownership, or you may elect to use a third party’s services or product in order to use Honey’s service. Your access to all third-party services will be at your own risk.
10) Governing Law
This Agreement shall be construed and enforced in accordance with the laws of the State of Florida, without regard to the internal law of Florida regarding conflicts of laws. With respect to any suit, action, or proceeding relating hereto, each Party hereby irrevocably submits to the exclusive jurisdiction of the U.S. Federal Court (or if such court denies jurisdiction, the state and county courts of competent jurisdiction) located in Tampa, Florida, and waives any objection thereto. The prevailing Party to any dispute shall be entitled to reimbursement of its fees and costs from the other Party. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY ACTION ARISING HEREUNDER. At the option of either Party, all disputes arising hereunder may be submitted to final and binding arbitration before the Judicial Arbitration and Mediation Service (“JAMS”) in Tampa, Florida, in accordance with the rules and procedures of the JAMS then existing. The arbitrator will have the authority to award any type of relief that could be awarded by a judge or jury, including without limitation equitable relief. The decree or judgment of an award rendered by the arbitrator may be entered in any court of competent jurisdiction. The prevailing Party to any action brought to enforce this Agreement shall be entitled to reimbursement from the other Party of its fees and costs (including without limitation reasonable attorneys’ fees and fees assessed by JAMS) incurred in connection therewith. At the request of either Party, arbitration proceedings will be kept secret and under seal.
11) Entire Agreement; Severability; Survival
This Agreement represents the entire agreement between the parties, and supersedes all previous and contemporaneous representations, understandings, and agreements, if any, express or implied, whether written or oral. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect. Sections hereof that by their nature should survive termination hereof will so survive.
Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
These Terms create no agency, partnership, joint venture, employment, or franchisee relationship between you and Honey.
Sorry to learn of the criticism, but it is always good to get candid user feedback and to learn what people will pay for versus what they won’t.