Effective: August 13, 2013. Last updated: August 15, 2019
This Agreement contains a mandatory arbitration provision that, as further set forth in Section 17 below, requires use of arbitration on an individual basis to resolve disputes, rather than by jury trials or any other court proceedings, or class actions or class arbitrations.
“Express Feedback for Good” or “EFG” means our business aligning charities, schools and other non-profits (“Non-Profits”) to obtain feedback from EFG Feedback Providers on over 1,000 different companies, businesses, products, brands, services and organizations (each a “Feedback Subject”). We use feedback to provide products and services to HundredX’s corporate clients (our “Data Clients”).
“SAAS Business,” means our listening platforms, solutions and services provided to companies, businesses and organizations (“SAAS Clients”).
“HundredX Clients” means SAAS Clients and Data Clients.
Section 3 – Accounts. You may need to register as a Feedback Provider to use all or part of the Websites (“Account”). We may reject, or require that you change, any username, password or other information that you provide to us in registering. Your username and password are for your personal use only and should be kept confidential; you, and not HundredX, are responsible for any use or misuse of your username or password or Account, and you must promptly notify us of any confidentiality breach or unauthorized use of your username or password, or your Account. We reserve the right at our discretion to request verification of, or verify on your behalf, any information provided by you, including the information provided in your account profile. You may not transfer your account to anyone else without our prior written permission, and you may only have one active EFG account at any time.
Section 5 – EFG Eligibility. EFG Feedback Providers participate in our EFG program by virtue of our relationship with a particular Non-Profit identified when you signed up for EFG, or that is otherwise later identified to you. Each time an EFG Feedback Provider expresses feedback on a Feedback Subject that HundredX has not deemed Ineligible Feedback, HundredX makes a payment to the participating Non-Profit. HundredX reserves the right to exclude any piece of feedback from the EFG program that does not meet our quality standards as agreed to with the participating non-profit organization(s) (“Ineligible Feedback”) that are benefitting from EFG programs. Ineligible Feedback may include, but is not limited to, excessive submissions by an individual(s) within a given time period, (b) excessive submissions by an individual(s) on a single business, (iii) partial submissions, or (iv) other abnormal submissions.
Section 6 – Age and Geographic Restrictions. You may not be a Feedback Provider unless you are at least 18. To participate in EFG as an EFG Feedback Provider, you must reside in the United States. If HundredX becomes aware that an ineligible person has registered for an EFG account, all feedback that Excluded Resident has provided will be deemed Ineligible Feedback.
Section 7 – Jurisdictional Issues. We control and operate EFG, the SAAS Business and the Websites from the United States, and Websites may not be appropriate or available for use in non-U.S. jurisdictions. We do not intend to subject HundredX to any non-U.S. jurisdiction or law. Any use of the Websites is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the availability of the Websites at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
Section 8 – Participation. You represent that the information you provide during registration, and any other information you provide to HundredX in your account profile, is accurate, current and complete as of the date you provided it. You agree that any feedback you provide will be made in good faith and to the best of your abilities. This undertaking includes the following: (a) you must provide feedback truthfully and carefully; (b) you must not use another person’s account to provide feedback; (c) you must personally provide feedback; and (d) you must not provide false or misleading feedback.
a) Post, transmit or otherwise make available through or in connection with the Websites (including in connection with any Feedback) any materials that are or may be: (i) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (ii) defamatory, libelous, fraudulent or otherwise tortious; (iii) obscene, indecent, pornographic or otherwise objectionable; or (iv) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
b) Post, transmit or otherwise make available through or in connection with the Websites any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
c) Use the Websites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
d) Harvest or collect information about users of the Websites.
e) Interfere with or disrupt the operation of the Websites or the servers or networks used to make the Websites available, including by hacking or defacing any portion of the Websites; or violate any requirement, procedure or policy of such servers or networks.
f) Restrict or inhibit any other person from using the Websites.
g) Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Websites except as expressly authorized herein, without HundredX’s express prior written consent.
h) Reverse engineer, decompile or disassemble any portion of the Websites, except where such restriction is expressly prohibited by applicable law.
i) Remove any copyright, trademark or other proprietary rights notice from the Websites.
j) Frame or mirror any portion of the Websites or otherwise incorporate any portion of the Websites into any product or service, without HundredX’s express prior written consent.
k) Systematically download and store content accessible through the Websites.
l) Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather content accessible through the Websites, or reproduce or circumvent the navigational structure or presentation of the Websites, without HundredX’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Websites’ root directory, HundredX grants to the operators of public search engines permission to use spiders to copy materials from the Websites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. HundredX reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services you need to use the Websites.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
If you are a consumer (as defined under JAMS rules) and you initiate arbitration against HundredX, the only fee required to be paid is $250 (the approximate cost of court filing fees) and all other costs will be borne by HundredX, including any remaining JAMS Case Management Fee and professional fees for the arbitrator’s services. If HundredX initiates arbitration against you and you are a consumer (as defined under JAMS rules), HundredX will pay for all costs associated with the arbitration. The parties are responsible for paying their own attorneys’ fees.
Section 18 – Information or Complaints. If you have a question or complaint regarding the Websites, please send an e-mail to firstname.lastname@example.org. Please note that e-mail communications will not necessarily be secure, so you should not include credit card information or other sensitive information in your e-mail correspondence with us.
Section 19 – Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Websites infringe your copyright, you (or your agent) may send to HundredX a written notice by mail or e-mail, requesting that HundredX remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to HundredX a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent via e-mail to email@example.com or in writing to HundredX as follows: Attn: HundredX, Inc. Copyright Infringement Notice, 14841 Dallas Pkwy, 9th floor, Addison, Texas 75254. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
Section 20 – Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.