Terms and Conditions
1. Electronic Transactions
By using the Service, you agree to transact electronically through the Site and App, as applicable. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third-party verification is necessary to validate your electronic signature, and the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature.
The Services may involve interacting with other Participants. You assume all risks when using the Services, including but not limited to all risks associated with any online or offline interactions with other Participants. There is no substitute for exercising caution when communicating or interacting with any Participant, particularly when meeting other Participants in person. You acknowledge that Humans does not routinely screen its Participants, verify information provided by its Participants, or conduct criminal background checks on its Participants (although Humans reserves the rights to do so). In addition, you are solely responsible for protecting your intellectual property rights, including ensuring that you have sufficient confidentiality agreements in place with another Participant before disclosing any confidential information. You agree to take all necessary precautions when communicating or interacting with any other Participants, either online or in-person.
4. The Service Offers a Venue
The Service merely offers tools, resources and a venue to connect with other Humans community members. You understand and agree that Humans: (A) does not employ, recommend or endorse any Users and has no control over the acts or omissions of any Users; (B) is not responsible or liable in any manner for the performance or conduct of any Users or other third parties online or offline; (C) makes no representations or warranties about the quality of the services provided by any User or about your interactions or dealings with other Users; and (D) does not screen Users or automatically conduct any kind of identity or background checks.
6. No Professional Advice; Information Only
Any information, materials, content and/or advice provided through the Service, whether by Humans, Users or third parties, including without limitation the Humans Facebook page(s), the Humans Twitter account, and the Humans LinkedIn account, are for informational purposes only.If you have specific concerns or a situation arises requiring professional advice, you should consult with an appropriately trained and qualified professional.
7. Use of the Service
- Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
- Use the Service or engage with other Users for any purpose that is in violation of local, state, national, or international law, rule or regulation;
- Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
- Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
- Take any action that would undermine any aspect of the Service or use the Service in any manner that could interfere with, disrupt, or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
- Attempt to gain unauthorized access to the Service, other User accounts, or other device, computer system or networks connected to the Service;
- Harvest or otherwise collect information about Users without their consent;
- Advertise or offer to sell any goods or services for any commercial purpose (except as expressly set forth herein) on the Service that are not appropriate or relevant to the Service;
- Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Service, except where sponsored or created by Humans;
- Impersonate another person or allow any other person or entity to use your user name, password or membership;
- Post the same content repeatedly or spam - spamming is strictly prohibited;
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Service;
- Access, download, or copy any information, content and/or materials from the Service through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
- Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Service; and/or
- Restrict or inhibit any other User from using and enjoying the Service.
- You understand and agree that Humans may terminate your use of the Service and any license rights you may have in the event that Humans reasonably believes you have engaged in any of the foregoing behaviors.
8. Communications Decency Act
9. Account Security
You are responsible for maintaining the confidentiality of passwords and account information for the Service, and you are fully responsible for all activities that occur under your account. You agree to immediately notify Humans of any unauthorized use of accounts or any other breach of security.
10. Third-Party Services and Content
The Service may contain links or otherwise contain or provide access to third-party products, services, websites, advertisers, applications, information, and content (collectively, "Third-Party Services and Content"), which access is provided solely for convenience. You understand and agree that such Third-Party Services and Content are not provided by Humans, and Humans does not control or endorse and does not make any representations or warranties regarding such Third-Party Services and Content.
11. User Content
Pricing for our Services can be found on our website, https://www.humans.work, or will be presented to you at the time of sign up. Prices for Services are subject to change at any time without notice.
13. Payment and Billing Information
To the extent the Services or any portion thereof is made available for any fee, you will be required to select a payment method and provide Humans or its third party payment processor with information regarding such payment method, such as your credit card ("Payment Method"). If you provide information regarding your Payment Method, you authorize us and our third party payment processors to store your Payment Method and other related information, to automatically charge your Payment Method for all amounts due under this Agreement. You represent and warrant to Humans that such information is accurate and that you are authorized to use the Payment Method. You will promptly update your payment information with any changes needed to make such information accurate (for example, a change in your billing address or credit card expiration date, or a new Payment Method due to cancellation or compromise of the previous Payment Method used). You agree to pay Humans the applicable fees for the Service you select (as well as any applicable taxes), and in the event that Humans is unable to charge any amounts due to your Payment Method on file, then you agree to promptly provide a replacement Payment Method or directly pay Humans for all amounts due upon demand from Humans. You shall be responsible for all taxes associated with the Services other than U.S. taxes owed by Humans based on Humans's net income.
14. Recurring Payments
You acknowledge that the Services may require you to enroll in a recurring payment feature before you can participate in the Services. YOU UNDERSTAND AND AGREE TO SUCH RECURRING PAYMENTS AND THAT WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR ANNUALLY) TO YOUR PAYMENT METHOD WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE (EXCEPT AS REQUIRED BY LAW), UNTIL YOU PROVIDE PRIOR WRITTEN NOTICE, AS SET FORTH BELOW, THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, EMAIL YOUR PROGRAM DIRECTOR. We may submit those charges for payment and you will be responsible for such charges.
15. Failure to Pay
If you are not current on your payments for Humans's Services, Humans may, in addition to other remedies, restrict your access to our Services until your account becomes current and paid in full. Humans reserves the right to pursue fees owed using collection methods which may include charging other payment methods on file with Humans, and/or retaining collection agencies or legal counsel. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.
16. Custom Payment Plans
Humans reserves the right to offer custom plans and pricing in addition to what is listed on our website. Custom plans may include billing, payment, and/or renewal terms that are different from our standard terms and will apply where we specifically indicate that such terms will replace any of the terms herein.
Unless it's explicitly agreed to by the relevant Participant and Humans, and stated in writing through a formal document, Humans: (a) does not hold equity in any company that is associated with a Participant or may be formed as a result of a Humans Program; and, (b) is not responsible or liable for the actions or inactions of any Participant or any company associated with a Participant or formed as a result of a Participant's use of the Services. To be clear, mere Participation in a Humans Program without such written agreement does not entitle Humans to any ownership or equity in companies that Participants form as a result of the Humans Program.
18. Refunds; General
Humans does not issue refunds or credits except as explicitly stated in these Terms and Conditions or as may be agreed to by Humans in its sole discretion. Except as otherwise set forth in these Terms and Conditions, Participants on payment plans or who pay one-time fees are entitled to a full no-questions-asked refund when the refund request is made in writing: (a) less than thirty (30) days after the initial payment was made; and also, (b) more than one (1) week prior to the start of the relevant Humans Program.
19. Refunds; Exclusions
Humans reserves the right to refuse refunds to Participants who abuse our refund policy. Examples of abuse include, but are not limited to, requesting refunds for multiple Humans Programs or requesting refunds in consecutive months. Humans has no obligation to provide refunds to users that violate our Terms and Conditions, Code of Conduct, or other Humans policies, even when refund requests are made within the designated refund period.
At any time, and for any reason, we may provide a discount or other consideration ("Credits") to some or all of our Participants. The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
21. Account Suspension and Termination
22. Intellectual Property Rights of Service
23. Copyright Complaints and Copyright Agent
Repeat Infringer Policy: In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Humans has adopted a policy of terminating, in appropriate circumstances and at Humans' exclusive discretion, members who are deemed to be repeat infringers. Humans may also at its sole discretion limit access to the Service and/or terminate the accounts of anyone who infringe any intellectual property rights of others, irrespective of any repeat infringement.
Copyright Complaints: Without limiting the foregoing, owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the DMCA to report alleged infringements. If you believe that your work has been copied and posted on or made accessible through the Service in a way that constitutes copyright infringement, please provide Humans' designated agent (as set forth below) with the following information: (1) An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work or other intellectual property that is claimed to have been infringed, including the URL (Internet address) or other specific location within the Service where the infringing material is located (include enough information to allow Humans to locate the material); (3) Your address, telephone number, and email address; (4) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Designated Agent:Name of Agent Designated to Receive Notification of Claimed Infringement: Fedor TormosovAddress of Designated Agent to Which Notification Should Be Sent: Attn: Humans 651 N BROAD ST SUITE 201, DE, 19709
Telephone Number of Designated Agent: +1 (206) 4563059
Email Address of Designated Agent: email@example.com
24. Notice of Availability of Filtering Software
Pursuant to the Communications Decency Act, all Users are hereby informed by Humans, the provider of this interactive computer service, that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at Stop Think Connect, www.stopthinkconnect.org, and Safety.com, www.safety.com, or in the following Web directories: Internet Blocking and Filtering Software or Filtered Access.
25. U.S. Export Controls
No part of the Service may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
26. No Third-Party Beneficiaries
27. Modifications to the Service
Humans reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without notice to you. You agree that Humans shall not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.
28. No Joint Venture
29. Limitations on Use
30. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. HUMANS DOES NOT REPRESENT, WARRANT, OR ASSUME LIABILITY FOR: (A) YOUR USE OF THE SERVICE; (B) THE RELIABILITY, ACCURACY, SAFETY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SERVICE, INCLUDING HUMANS CONTENT, USER CONTENT, OR CONTENT FOUND ON HUMANS' SOCIAL MEDIA ACCOUNTS; (C) THE CONDUCT OF ANY USERS ONLINE AND OFFLINE, WHETHER IN CONNECTION WITH THE SERVICE OR OTHERWISE; (D) THE ACTIONS OF THIRD PARTIES, INCLUDING HACKERS OR OTHERS WHO ENGAGE IN UNAUTHORIZED ACCESS, USE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION; (E) UNINTERRUPTED OR ERROR-FREE ACCESS TO OR USE OF THE SERVICE; (F) ANY DISPUTES, DEALINGS OR INTERACTIONS BETWEEN YOU AND ANY OTHER USERS OR THIRD PARTIES. HUMANS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. HUMANS CANNOT GUARANTEE THAT USER CONTENT OR INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND WILL NOT BE LIABLE THEREFOR. HUMANS HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE HUMANS AND ITS AFFILIATES FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE OR HUMANS CONTENT.
31. Assumption of Risk
You assume all risks when using the Service, including all of the risks associated with interactions with other Users. You agree to take all necessary precautions when interacting with other Users.
32. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL HUMANS BE LIABLE TO YOU OR ANY OTHER USER OR THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICE OR HUMANS CONTENT. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF HUMANS OR ITS AFFILIATES TO YOU WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. IN THE EVENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, HUMANS’ OR ITS AFFILIATES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW
Any notice or other communication to be given hereunder shall be in writing and sent via registered or certified mail, return receipt requested, or electronic mail to firstname.lastname@example.org.
33. Governing Law and Jurisdiction
34. General Provisions