HundredX, Inc. Terms of Use
Effective: August 13, 2013.  Last updated:  August 15, 2019

Please read these HundredX, Inc. (“we” or “HundredX”) Terms of Use (these “Terms of Use”) carefully.

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.

Section 1 -- Terms. These Terms of Use apply to use of Hundredxinc.com or Expressfeedback.net (the “Websites”) by persons (“you” or “Feedback Providers”) who are either providing feedback in connection with participation in Express Feedback for Good (defined below) (an “EFG Feedback Provider”) or our SAAS Business (defined below) (a “SAAS Feedback Provider” and, with the EFG Feedback Providers, a “Feedback Provider”). In connection with registering an Account (as defined below) or becoming a Feedback Provider, you will automatically become subject to these Terms of Use.

Section 2 – Certain Definitions.  As used in these Terms of Use:

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 4 – Changes. We may change these Terms of Use at any time and will notify you of such changes by any reasonable means, including by posting revised Terms of Use through Websites and notifying you of that change when you log on to your Account. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes, or otherwise notified you of such changes. Your use of the Websites following any changes to these Terms of Use (and your notification of such changes) will constitute your acceptance of such changes. The “Last Updated” legend above indicates when these Terms of Use was last changed. We may, at any time and without liability, modify or discontinue all or part of the Websites (including access to the Websites via any third-party links); change, modify or waive any fees required to use the Websites; or offer opportunities to some or all Website users.

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.

Section 9 – Rules of Conduct. You are required to comply with these Terms of Use, and, in the event of your non-compliance, fraud, or other inappropriate activity (as determined by HundredX in its sole discretion), HundredX may cancel or invalidate your Account; deem any feedback you provide to be Ineligible Feedback (if you are an EFG Feedback Provider); or restrict, block, suspend, limit or otherwise prevent your ability to provide feedback. In connection with the Websites, you must not:

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.

Section 10 – Comment Section; Submissions; Suggestions. When you express your feedback using the EFG platform, you have an opportunity to add text or verbatims, in your own words, that could include your opinions, positive or negative, about a Feedback Subject or a SAAS Client, as applicable, or a third party or an individual who works for or is affiliated with a Feedback Subject or a SAAS Client, as applicable, or another third party, or any other information you would like to provide (each, a “Submission”). You retain ownership of your Submissions.  We may provide those Submissions, word for word, either in their entirety or in excerpted form, to HundredX Clients. As such, please do not include any information you would like to keep confidential, including sensitive personal information, in any Submission. If you disclose any personal information relating to other people to us or to our service providers in connection with the Websites, you represent that you have the authority to do so and to permit us to use the information in accordance with these Terms of Use, and do so at your own risk. In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Suggestions”), whether related to the Websites or otherwise, such Suggestions will be deemed a Submission, and you hereby acknowledge and agree that such Suggestions are not confidential, and that your provision of such Suggestions is gratuitous, unsolicited and without restriction, and does not impose any fiduciary or other obligation on HundredX. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Suggestions, and your provision thereof through and in connection with the Websites, are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. For purposes of clarity, you retain ownership of your Submissions. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Websites. HundredX has no control over and is not responsible for any third-party Submissions, nor does HundredX assume the obligation to monitor such Submissions for accuracy, fairness or other content.

Section 11 – Proprietary Rights. We and our suppliers own the Websites, which are protected by proprietary rights and applicable laws. Other than the right to Use the Websites in accordance with these Terms of Use, HundredX does not grant you any rights, by implication, estoppel or otherwise, in or to the Websites. All trade names, trademarks, service marks and logos on the Websites not owned by us are the property of their respective owners. All names, trademarks, service marks and logos of any Feedback Subject, Client, Non-Profit or other third party belong to such person. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Websites should be construed as granting you any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

Section 12 – Third Party Materials and Sites; Links. Certain Website functionality may make available access to information, products, services and other materials made available by third parties (“Third-Party Materials”), or allow for the routing or transmission of such Third-Party Materials, including via links, or redirect you to provide Submissions through an external website or mobile application (“Third Party Site”) that may then be sent back to HundredX. By using such functionality, you are directing us to access, route and transmit to you the applicable Third-Party Materials or Third Party Site. We neither control nor endorse, nor are we responsible for, any Third-Party Materials or Third Party Sites, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third-Party Materials or Third Party Sites, or any intellectual property rights therein. Certain Third-Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in these Terms of Use shall be deemed to be a representation or warranty by HundredX with respect to any Third-Party Materials or Third Party Site. We have no obligation to monitor Third Party Materials or Third Party Sites, and we may block or disable access to any Third-Party Materials or Third Party Sites (in whole or part) through the Websites at any time. In addition, the availability of any Third-Party Materials or Third Party Sites through the Websites does not imply our endorsement of, or our affiliation with, any provider of such Third-Party Materials or Third Party Sites, nor does such availability create any legal relationship between you and any such provider. YOUR USE OF THIRD-PARTY MATERIALS AND THIRD PARTY SITES IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY MATERIALS AND THIRD PARTY SITES (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY MATERIALS AND THIRD PARTY SITES).

Section 13 – DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE WEBSITES, THIRD PARTY SITES AND THIRD-PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) HUNDREDX DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITES, THIRD PARTY SITES AND THIRD-PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE) ARE MADE FOR THE BENEFIT OF EACH OF HUNDREDX AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED PERSONS”) AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. While we try to maintain the timeliness, integrity and security of the Websites, we do not guarantee that the Websites are or will remain updated, complete, correct or secure, or that access to the Websites will be uninterrupted or error free. The Websites may include inaccuracies, errors and materials that violate or conflict with these Terms of Use. Additionally, third parties may make unauthorized alterations to the Websites. If you become aware of any such alteration, contact us at info@hundredxinc.com with a description of such alteration and its location.

Section 14 – LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) HUNDREDX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, HUNDREDX WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITES, THIRD PARTY SITES OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, THIRD PARTY SITES OR THIRD PARTY MATERIALS IS TO STOP USING THE WEBSITES AND SERVICES; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF HUNDREDX AND ALL AFFILIATED PERSONS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE $100. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE) ARE MADE FOR THE BENEFIT OF BOTH HUNDREDX AND THE AFFILIATED PERSONS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

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.

Section 15 – Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless HundredX and the Affiliated Persons, and their respective successors and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Websites (including all Submissions); and (b) any violation or alleged violation of these Terms of Use by you.

Section 16 – Termination. These Terms of Use are effective until terminated. HundredX may terminate or suspend your use of the Websites at any time and without prior notice, for any or no reason, including if HundredX believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination or suspension, your right to use the Websites will immediately cease, and HundredX may, without liability to you or any third party, immediately deactivate or delete your username, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 1, 2, 10, 11, 13 – 17, 19 and 21 will survive any expiration or termination of these Terms of Use.

Section 17 – Governing Law; Arbitration. These Terms of Use are governed by the laws of the United States (including federal arbitration law) and the State of Texas, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE WEBSITES AND ALL RELATED MATTERS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT HUNDREDX AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION.  If you do not wish to be bound by this arbitration provision, you may opt out.  In order to opt out of this arbitration provision, you must notify HundredX in writing that you do not wish to resolve disputes with us by arbitration, and such notice must be delivered by mail to Attn: HundredX, Inc. Legal, 14841 Dallas Pkwy, 9th floor, Addison, Texas 75254within thirty (30) days of (a) your creating an Account or (b) your acceptance of these Terms of Use.

Any arbitration will be held in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Websites, Inc. (“JAMS”) then in effect, by one arbitrator who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, provided that if you are a consumer (as defined by JAMS), you have a right to an in-person hearing in your hometown area. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator.  If you are a consumer (as defined under JAMS rules), remedies that would otherwise be available to you under applicable federal, state or local laws will remain available under this arbitration clause, unless you retain the right to pursue such remedies in court. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the claim. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms of Use, and you consent to exclusive jurisdiction and venue in the state or federal courts located in Dallas County, Texas.

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 info@hundredxinc.com. 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 legal@hundredxinc.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.

Section 21 – Miscellaneous. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and HundredX. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use without restriction. No waiver by either party of any breach or default under these Terms of Use will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” These Terms of Use, including any terms and conditions incorporated herein, is the entire agreement between you and HundredX relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and HundredX relating to such subject matter. Notices to you (including notices of changes to these Terms of Use) may be made via posting to the Websites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. HundredX will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.