Last Updated: April 20, 2023

The following Terms of Use are entered into between You and Honey Road Design (“Company”, “we”, or “us”).

The following terms and conditions, together with any documents they expressly mention or incorporate by reference (collectively, “Terms of Use”), govern your access to and use of honeyroaddesign.com, including any content, programs, functionality or services offered through the site or related sites (the “LICENSE”), whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the LICENSE. By using the LICENSE or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated by reference. If you do not agree to these Terms of Use including the agreements incorporated documents, you cannot access or use the LICENSE.

This LICENSE is offered and available to users who are 18 years of age or older. By using this LICENSE, you represent and warrant that you are of legal age to form a binding contract with the Company and comply with the terms of this Agreement. If you do not meet all of these requirements, you must stop using the LICENSE.

1. LICENSE

Honey Road Design (herein referred to as “Company”) agrees to provide the Website Privacy License (herein referred to as “LICENSE”) as identified on the LICENSE. As a condition of purchasing and participating in the LICENSE, you agree to be bound by all the policies and procedures set out in this Agreement, including those incorporated by reference.

As part of the LICENSE, the Company shall provide you:

A Password Protected LICENSE Area: The Company shall maintain a LICENSE Area to access various types of content related to your website policies. You shall have access to this LICENSE Area for as long as the LICENSE exists. In the event that Company intends to close the LICENSE Area, it shall provide you with a 30-day notice and the ability to transfer the LICENSE to another reseller.

2. DISCLAIMER

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the LICENSE.

You understand Company is not a law firm, does not write Privacy Policies or other disclosures and is not responsible for your business complying with any applicable privacy laws. Company has a partnership with and is a reseller of a third-party Privacy Policy and Terms and Conditions generator service (referred to as supplier). Once your LICENSE is purchased, your relationship will be with the supplier and your account will be managed through the supplier website portal.

You understand Company is not serving you as a licensed professional and is not providing accounting, tax, legal, financial, healthcare, therapeutic advice, diagnosis or treatment. You understand that Consultant has not promised and will not; (1) procure or attempt to procure employment or business or sales for You; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for You; (6) introduce You to Consultant’s network of contacts, media partners or business partners; (7) diagnose or treat any illnesses or disease or (8) promise any set of results from the LICENSE. You understand that a relationship does not exist between the parties after the conclusion of this LICENSE. If the Parties wish to continue their relationship, they shall execute a separate agreement that explicitly governs that relationship.

3. PAYMENT

In consideration of your access to the LICENSE, You agree to pay the following fees:

A. You must pay the balance reflected on the sales checkout page (due immediately). 

and

B. You will remain responsible for annual payments unless you choose to cancel according to the LICENSE’s Refund/Cancellation Policy set forth below. You may not cancel or avoid these payments except through the Refund/Cancellation Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the LICENSE.

4. METHODS OF PAYMENT

When you sign up for the LICENSE, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Payment section above. If You pay via ACH, you understand and agree that any and all changes in your account information, including requests to terminate this agreement, must be in writing and emailed at least twenty-one (21) days prior to the next due date. If the payment due date falls on a weekend or holiday, you understand and agree that the payment may be executed on the next business day. You understand and agree that as this is an electronic transaction, adequate funds must be available for withdrawal from my account by the payment due date. In the case of an ACH transaction being rejected for Non Sufficient Funds (NSF), submission error, or other bank related return reasons, you understand and agree that the Company may at its discretion resubmit the ACH debit transaction within thirty (30) days. You understand and agree that, in accordance with the loan documents, a 10% late charge will be assessed if the amount due is not received in good and collected funds by the end of the grace period. You also understand and agree that a return item charge may be assessed for each returned ACH debit. You also acknowledge that the origination of ACH transactions to Company account must comply with provisions of U.S. law and agree not to dispute this recurring billing with your bank so long as the transactions correspond to the terms indicated in this authorization form.

5. REFUND/CANCELLATION POLICY

We want you to be satisfied with your purchase, but please understand the Company can not refund an annual fee or one-time set up fee for the LICENSE. We also do NOT prorate the LICENSE fees when you cancel.

You do, however, have the option of notifying the Company of your request to cancel your annual payment for the LICENSE. Your cancellation request must be in writing and emailed to the Company at least twenty-one (21) days prior to the next payment due date.

You can also stop the use of the LICENSE at any time on your website by removing the embed code. Please note that removing the embed code on your website does NOT automatically terminate your LICENSE or stop future annual payments. This must be done in writing as stated above.

If you have any questions or problems, please let us know by contacting Honey Road Design directly at:  hello (at) honeyroaddesign (dot) com.

6. CONFIDENTIALITY

The Company respects your privacy and will not disclose any information you provide except as set forth in this Agreement and in the incorporated Privacy Policy.

7. NO TRANSFER OF INTELLECTUAL PROPERTY

All content included as part of the LICENSE is the property of the Company’s supplier and protected by copyright and other laws that protect intellectual property and proprietary rights. You cannot copy the policies from the LICENSE and apply them to your website without the use of the supplier’s embed code.

Your participation in the LICENSE does not result in a transfer of any intellectual property to you, and, as a condition of participation in the LICENSE, you agree to observe and abide by all copyright and other intellectual property protection.

You are granted a limited, personal, non-exclusive, non-transferable, license to access and use the LICENSE content and resources for your own personal or internal business use. You hereby agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the LICENSE. By ordering or participating in the LICENSE, you further agree that you shall not create any derivative work based upon the LICENSE and you shall not offer any competing products or services based upon any information contained in the LICENSE.

You hereby agree that any infringement of the Company and/or its supplier’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company and/or its supplier’s intellectual property rights, your access to the LICENSE will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees. You may also be subject to further penalties or damages as permitted by the fullest extent of the law. You acknowledge that the actual damages likely to result from breach of this Section are difficult to estimate on the date of this agreement and would be difficult for Company to prove. The parties intend that your payment of the Liquidated Damages Amount would serve to compensate the Company and/or its supplier for any breach by you of its obligations under this Section, and they do not intend for it to serve as punishment for any such breach by You. Each instance of noncompliance with this prohibition constitutes a separate instance of infringement, and subjects You to a payment obligation in the amount of $150,000 USD per infringement, as liquidated damages and not as a penalty. 

8. INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide you with access to the LICENSE, for information and educational purposes. The information contained in the LICENSE, including any interactions with the Company, is not intended as, and shall not be understood or construed as professional advice.

9. FORCE MAJEURE

The Company shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in performing any term of this Agreement if caused by acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), server failures, data breaches, data loss or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

10. SEVERABILITY/WAIVER

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate such term in any other jurisdiction.

11. MISCELLANEOUS

You agree to hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the LICENSE and/or any information and resources contained in the LICENSE. You agree that the Company and/or its suppliers shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the LICENSE.

The information, software, products, and service included or available through the LICENSE may include inaccuracies or typographical errors. Changes are periodically added to the information in the LICENSE. The Company and/or its suppliers may make improvements and/or changes in the LICENSE at any time.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the LICENSE, with the delay or inability to use the LICENSE or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the LICENSE, or otherwise arising out of the use of the LICENSE, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. If you are dissatisfied with the LICENSE or any portion of it, your sole and exclusive remedy is to discontinue using the LICENSE.

12. ASSIGNMENT

You may not assign this Agreement without the express written consent of Company.

13. MODIFICATION

The Company reserves the right, in its sole discretion, to change the Terms under which the LICENSE is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.

14. TERMINATION

The Company reserves the right, in its sole discretion, to terminate your access to the LICENSE and the related services or any portion thereof at any time, if you become disruptive to the Company, if you fail to follow the LICENSE guidelines, or if you otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

15. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the LICENSE and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

16. RESOLUTION OF DISPUTES

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this LICENSE, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Chesterfield County, VA You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

17. INTERNATIONAL USERS

The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the LICENSE in any country or territory or in any manner prohibited by any applicable laws, restrictions or regulations.

If you have any questions or problems, please let us know by contacting Honey Road Design directly at:  hello (at) honeyroaddesign (dot) com.