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Honest Gorilla Terms of Service

Last updated: October 07, 2021

Hello! Thanks for showing interest in learning more about the Honest Gorilla Terms of Service. This is a legal agreement between you and Honest Gorilla Inc. and shall govern your experience while using our platform. Please read this document carefully and in its entirety before using our website and accessing, purchasing or registering for any products and services.

ACCEPTANCE OF TERMS

By using and/or visiting the website, chatbot service or any other domains or subdomains owned by Honest Gorilla Inc. (as defined below), or any successor website or service of the Company (collectively the “Website”) then you (“You”) acknowledge that You have read, understood and agree to be bound by these Terms of Service (“Terms”).

These Terms, together with the Privacy Policy, constitute an agreement (the “Agreement”) between You and Honest Gorilla Inc. and its parents, subsidiaries, affiliates, successors and assigns (collectively “Honest Gorilla”, “Company”, “we” or “us”) and is binding in full force and effect. You are authorized only to use the Website if You agree to be bound by and party to these Terms and all applicable laws. If You do not agree unconditionally to any of these Terms, in whole or in part, please discontinue using and/or visiting the Website, now or in the future.

DESCRIPTION OF SERVICES

Honest Gorilla, among other things, is an online marketplace for energy plan comparison shopping (“Service”). The Service provides You with tools and resources that allow You to make an informed decision about which energy plan (“Energy Plan”) to choose from based on a series of inputs You provide regarding your household, lifestyle or business needs and usage profile. The Service then shops the third-party Retail Energy Providers (“REPs”) the Company has relationships with and makes recommendations for You.

All information that You provide must be to the best of your knowledge. Any information that we assume, deduce, infer or imply may be loosely based on similar customers who fit a similar description or profile. This is especially true in cases where we may have access to limited information.

All information presented on this Website is intended for general educational purposes only. To safeguard the Company’s interests, we do not warrant or guaranty the accuracy of any information. Be sure to read, review and understand the details of the Energy Plan before making a decision to enroll. You can find all pertinent documents related to each Energy Plan conveniently located on the Website.

Choosing to enroll in an Energy Plan offered by a REP which You learn about by using our Website, and your interaction with any REP accessed through this Website, is your sole decision to make and is to be done at your own risk. Your contractual relationship will be with the REP of your choosing and not with Honest Gorilla. We are not responsible or liable to You or any other visitor of the Website in any way including, without limitation, any disputes arising out of the Energy Plan contract between You and the REP, including disputes related to whether the parties have fully performed their obligations and any disputes related to whether a contract has been validly entered into or concluded.

Honest Gorilla does not and has no responsibility for the quality of the services You receive from any such REP or affiliated third-party provider. Should You find yourself having made a wrong purchasing decision or experience buyer’s remorse, please consult the respective REP or third-party service provider’s terms of service agreement for procedures how to terminate or rescind your agreement, or to return merchandise or ask for a refund.

Honest Gorilla does not represent or imply that this Website contains a complete or comprehensive list or choice of all REPs or solutions that can provide service to You at your particular address. This site may exclude certain REPs that do not meet our proprietary standards or protocols for electronic integration. Accordingly, there may be REPs that can provide service at your particular address but do not appear on our Website and are not listed as a choice for You to select on this Website. You are in no way obligated to use this Website or to choose any particular REP that appears on the Website.

All prices listed on the Website are expressed in U.S. Dollars.

Please refer to a later section of these Terms for additional disclaimers and for more information on how we present REPs’ Energy Plans and how we are compensated.

Additional and optional products and services may also be purchased on our Website or through third-party affiliate links. The price and other terms remain subject to service agreements between You and the respective third-party provider. Honest Gorilla cannot guarantee the price, quality and/or service provided by any third-party vendor.

ACCESS TO SERVICES

Not all of the products or services described on this Website are available in all areas of the United States, and You may not be eligible for them. We reserve the right to determine eligibility and availability. The Company may, at its sole discretion and without notice or liability, change, suspend or discontinue the Website or impose limits on certain features and services, or restrict your access to parts or all of the Website. We reserve the right to update, in our sole discretion, to change or replace any or all parts of these Terms by sending You a notice or by posting on the Website a notice informing You of any updates and/or changes. It is your responsibility to check this page periodically for changes. Your continued use or access of the Website shall constitute your consent to be bound by the Terms then in effect, as amended. You can review the most recent version of the Terms at any time at this location.

Any new features, tools, products or services which are added to the Website shall also be subject to these Terms. Although we strive to make the Website available as much as possible, there may be periods of downtime (for example, scheduled maintenance, software updates, product updates, service enhancements, or events outside of our reasonable control).

ESTABLISHING A USER ACCOUNT AND SECURITY

In order to use some or all aspects of the Website, or to save your information for later use, You must register and maintain an active personal user account (“User Account”). When You sign up for a User Account on our Website, You must select a unique username and password and agree that You will provide true, accurate, complete and updated contact information, identification details and any other form of authentication that Honest Gorilla may require or request from You in its sole discretion. We reserve the right to suspend, terminate or suspend your account and refuse any and all current or future use of the Website or Services (or any portion thereof) if you provide any untrue, inaccurate, not current or incomplete information, or if we reasonably suspect that you have provided untrue, inaccurate, not current or incomplete information.

User Account registration requires You to submit certain personal information, such as your name, email address, and mobile phone number as part of our security procedures. You are solely responsible for maintaining the confidentiality of your Honest Gorilla User Account password and account information and for restricting access to your computer or mobile device. You agree to have full responsibility for all activities that occur under your User Account or Password Login information. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Should You wish to terminate your Honest Gorilla account, You may do so in writing by emailing us at hello@honestgorilla.com. In our sole discretion, we reserve the right to refuse service, terminate accounts, remove or edit content, or cancel accounts for any reason. The Terms shall remain binding and in full effect and enforceable after your account is terminated by us.

FEES AND COMPENSATION PAYMENTS

Use and access of the Website is made available to all visitors free of charge. All of the REPs presented on the Website have certain agreements in place with Honest Gorilla to market and promote their Energy Plans in exchange for compensation when visitors choose to enroll in a certain advertised Energy Plan.

In cases where compensation is a factor that can cause those Energy Plans to appear in any of our Featured or Sponsored portions of the Website and/or affect the placement, ranking or order of the Energy Plan’s appearance in the search results and comparison features of the Website, then they will be designated as such. Otherwise, it is our desire and intent to promote products and services that rank according to the best or cheapest offer being recommended or presented first.Other such factors include the Energy Plans’ price, quality of the REP’s content, variety of Energy Plan offerings, REP ratings and reviews, REP complaint history with the governing public utility commission, REPs’ deposit policies, REPs’ fee(s), and other factors that we believe are useful. Some REPs also pay us to place advertisements or make considerations for product placement in addition for a fee.

When making a request through the Website, You understand and agree to the following:
• That we will share your personal information with the REP You have chosen to qualify, process and fulfill your service request. Please refer to our Privacy Policy for any questions regarding which information we collect and how it is used and for what purposes.
• We are not a REP and do not undertake a credit analysis or make credit decisions in association with the Service. To determine or assess a deposit is the sole decision and discretion of the REP.
• We are not a party to any agreement that You may make with any participating REP whom You choose to use or from whom You ultimately receive energy service.
• The participating REP(s) whom You contract to service You is solely responsible for its services to You.

Any compensation we may receive is paid by the participating service provider for advertising services we provide to them. We do not charge You a fee to use the Website. You understand that the requirements for a particular service are made by the participating service providers and we do not endorse, warrant, or guarantee the products or services of any such third-party provider.

You agree that we shall not be liable for any damages or costs of any type which arise out of or in connection with your use of the service provider’s products or services. You also give us permission to send You periodic updates of services and products which may be of interest or pertain to You. Please note that information we provide You either on the Website or by email may not be used as the sole basis for your decision to retain a particular service provider, and if their services may not meet your particular needs.

The supplier that You have chosen has the final authority to complete the agreement. They may choose not to honor the pricing and/or terms due to credit review, energy usage review or other reasons outside of our control. If the supplier does not fulfill or complete the agreement as presented, we will notify You and provide You with alternative options for your approval before proceeding.

Pursuant to the Terms of Service, Electricity Facts Label, Your Rights as a Customer and any other legally binding document for the Energy Plan You have chosen, your entire contractual relationship will be with that specific REP that is offering your Energy Plan. Your interaction with any REP accessed through our Website, for credit check and verification purposes or enrollment, is at your own risk. Honest Gorilla does not have any responsibility and will not bear any liability for the quality of the services rendered or that You receive from any REP.

ACCEPTANCE OF RETAIL MERCHANDISE PRODUCT ORDERS

We reserve the right, at our discretion, to refuse or cancel any retail merchandise order from being processed at any time and for any reason. For your convenience, for any merchandise products that are ordered on the Website, You will be charged upon ordering and your order will be shipped within the time stated on the product specific page or mentioned under the ‘Shipping and Returns’ and/or ‘International Shipping’ pages of the Website. Your order may be cancelled due to, but is not limited to, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or credit or fraud problems. We will contact You if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have received payment, we will issue a credit by the charged payment method for the amount of the charge.

ORDER QUANTITY LIMITATIONS ON RETAIL MERCHANDISE

We reserve the right to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same payment account and also to orders that use the same billing and/or shipping address, or same email address. We will provide notification to the customer email and/or billing address provided should such limits be applied. We also reserve the right to prohibit sales to dealers or other corporations or institutions. If You are interested in purchasing multiple quantities of items for a corporation or institution, please contact us through our “Contact Us” page on the Website.

LICENSE

Honest Gorilla hereby grants You a non-exclusive, non-transferable, revocable, limited license to access and use the Website, its tools and resources, under the terms set forth herein. The Website, together with the content, including, but not limited to, images, photos, animations, videos, graphics, text, data, reports, calculators, articles, opinions, software (including HTML-based computer programs), affiliate links, graphs and charts (collectively the “Content”) displayed on the Website may be used for your personal and non-commercial use only. Except as otherwise permitted under these Terms of Service, You hereby agree not to copy, reproduce, reverse-engineer, modify, create derivative works from, or store any Content, in whole or in part, from the Website or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to any entity, persons, corporation or institutions, or for any commercial purpose, without the express prior written consent of Honest Gorilla.

The trademarks, service marks, names and logos (collectively, “Trademarks”) used and displayed on this Website are registered and unregistered marks of Honest Gorilla and others. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark. Honest Gorilla aggressively enforces its intellectual property rights to the fullest extent of the law. Honest Gorilla’s Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without our prior, written permission. To request permission to use the Trademarks or Content on the Website, or any other Honest Gorilla material, please contact us at hello@honestgorilla.com.

TERMINATION OF LICENSE

Honest Gorilla reserves the right to terminate the License granted herein and deny You access to any portion of it in its sole discretion, without any advance notice or liability to You, for any reason. Honest Gorilla also reserves the right to investigate any suspected violations of these Terms or refer to law enforcement authorities any behavior that we believe may violate these Terms or applicable law. If your License is terminated for any reasons, we reserve the rights, in our sole discretion, to: (i) remove your profile from the Website; and (ii) remove and discard any of your submitted Content. The termination of your License and account will not affect any additional right or relief to which Honest Gorilla may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to You will automatically terminate and immediately revert to Honest Gorilla.

GENERAL PROHIBITIONS

You may not do any of the following:

    1. Copy, modify, create a derivative work of, reverse-engineer, reverse-assemble, steal, change, copy, or otherwise attempt to discover any source code, underlying ideas or algorithms of the Website or any of the products and services made available on the Website;
    2. Remove or obscure the copyright notice or other notices displayed, “framed” or “mirrored” in connection with the Content accessible through the Website or any of the products and services made available on the Website;
    3. Interfere with or disrupt the Website, its servers and networks connected to the Website, or circumvent, disable, thwart, redirect or otherwise interfere with security-related features of the Website or features that prevent or restrict use of any Content or that enforce limitations on use of the Website;
    4. Modify the Website in any form or manner, or use modified versions thereof;
    5. Sell, assign, license, sublicense or otherwise transfer any right in the Website or Content through the Website
    6. Use any robot, spider, scraper, crawler, offline reader, site search/retrieval application or other manual or automated means to access, retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents for any purpose without our prior written consent;
    7. Take any action that imposes or may impose an unreasonable or disproportionately large load on the Honest Gorilla systems, networks or infrastructure; or
    8. Knowingly disseminate or transmit any worms, moles, viruses, Trojan horses, logic bombs, or other harmful, disruptive, defective, malicious or destructive files, code, programs or other similar or related technologies, or otherwise utilize the Website in any manner that violates any statute, rule or regulation.
    9. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

CONSENT TO COMMUNICATIONS VIA EMAIL AND TEXT MESSAGES

By creating an Account, You agree that the Services may send you informational emails and text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving emails and text (SMS) messages from Honest Gorilla at any time. By doing so, You acknowledge that opting-out of receiving emails and text (SMS) messages, You may impact your use of the Services.

LINKING POLICIES

This Website contains links to other websites. Honest Gorilla is not responsible for the content of such websites including any changes or updates that are made to the linked website or the accuracy or completeness of the information provided on those websites. Honest Gorilla has provided links as a convenience to You, and the existence of the links on this Website does not imply that Honest Gorilla approves of or is affiliated with the linked organization or company, or its products or services, or that the linked organization or company approves of or is affiliated with Honest Gorilla. Honest Gorilla does not vouch for those persons, companies or organizations whose goods or services may be accessed or displayed through or on the Website.

(a) Inbound Links: Honest Gorilla grants You the revocable permission to link to publicly available portions of the Website; provided, however, that any site which incorporates a link to this Website must not: (i) create a browser or border environment around any of the Content on the Website or otherwise mirror any part of the Website; (ii) imply that Honest Gorilla is endorsing, sponsoring or promoting the site or any products or services offered by or through such site; (iii) present false information about, disparage, or otherwise harm Honest Gorilla or any other company, affiliate, organization, service or provide described on the Honest Gorilla Website or Service; (iv) use any Trademarks of Honest Gorilla or of any other organization without the prior written permission from the trademark’s owner; (v) or contain content that Honest Gorilla in its sole opinion deems offensive or otherwise objectionable. In addition, the site must be owned, operated and controlled by You or the entity placing the link, otherwise permit You to enable such link to be subject to these Terms. By linking to the Website, You agree always to comply with these Terms, liable to use for any damages (statutory, punitive or otherwise) relating to your violation of these Terms, and to indemnify us as provided in this section.
(b) Outbound Links: this Website may include outbound links to websites that are not owned, operated or controlled by Honest Gorilla, and are subject to different terms and conditions. If You follow outbound links, You will be legally bound by the terms and conditions of those other websites. Any outbound links are provided solely to enhance your experience with Honest Gorilla and are for your reference, and do not endorse or indicate an affiliation with any other organization. Honest Gorilla makes no representations whatsoever concerning those other organizations, or any products or services they may offer.

NO WARRANTY

Honest Gorilla has no special relationship with or fiduciary duty to You. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content You access via the Services; what effects the Content may have on You; how You may interpret or use the Content; or what actions You may take as a result of having been exposed to the Content. You release Honest Gorilla from all liability for You having acquired or not acquired Content through the Services. The Services may contain, or direct You to websites containing, information that some people may find offensive or inappropriate. Honest Gorilla makes no representations concerning any content contained in or accessed through the Services, and Honest Gorilla will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Honest Gorilla makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from Honest Gorilla or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service. THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. HONEST GORILLA MAKES NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF THE SITE, THE SITE’S CONTENT, OR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE WEBSITE.SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

OUR ESTIMATES OF AND COMPARISONS BETWEEN REP ENERGY PLANS INCLUDE ALL THE RECURRING CHARGES THAT YOU WILL SEE ON YOUR REP’S ENERGY BILL EXCLUDING GOVERNMENT FEES AND TAXES, BUT WE CANNOT AND DO NOT GUARANTEE THAT OUR ESTIMATES OR COMPARISONS ARE ACCURATE OR THAT THE SERVICES OFFERED BY REPS ON OUR SERVICE ARE THE BEST OR LOWEST-PRICED SERVICES AVAILABLE TO YOU. THE REPS APPEARING ON OUR SERVICE ARE INDEPENDENT THIRD PARTIES EXCEPT TO THE EXTENT EXPRESSLY DESCRIBED IN THESE TERMS. YOUR ACTUAL PRICES FOR THE SELECTED PLANS WILL BE DETERMINED BY YOUR INDIVIDUAL USAGE, INFORMATION FOUND IN THE “ELECTRICITY FACTS LABEL” MANDATED BY THE RESPECTIVE GOVERNING PUBLIC UTILITY COMMISSION AND REPS’ CUSTOMER AGREEMENTS, AND OTHER FACTORS OUTSIDE AND BEYOND OUR CONTROL.

THE DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED UNDER LOCAL LAW.

LIMITATION OF LIABILITY AND RELEASE

In no event shall Honest Gorilla be liable to You or any other party for any indirect, special, exceptional, incidental, consequential, or punitive damages, however and wherever arising, that may result from your use of the Website or the Honest Gorilla Service, including without limitation to losses incurred due to: (a) any inaccurate information published on the site or any site accessible via an outbound link; (b) software glitches, server failures, power outages, or any other issue beyond Honest Gorilla’s control; (c) any delays in or failure of the Website to operate as described; (d) any unauthorized disclosure of account information that may occur through the actions of any third-party, such as hackers; (e) any damage to your website code, browsing experience, or Content resulting from your use of our API; (f) damages or losses of any kind resulting from actions You take in reliance upon any results or other information provided by the Website or Service; and (g) any other damages or losses You may incur in connection with your use of the Honest Gorilla Website or Service.

IN NO EVENT WILL HONEST GORILLA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION RELATING TO THE WEBSITE AND/OR THE SERVICE EXCEED NINETEEN UNITED STATES DOLLARS ($19.00) OR THE MINIMUM LIABILITY ALLOWED BY RELEVANT LAW, WHICHEVER IS GREATER.

Honest Gorilla is not responsible for examining or evaluating the business practices, action, omissions, or services of participating Retail Energy Providers or third-party product or service providers.  If You elect to establish an account with a REP on this site, You agree that You will first carefully review the terms and conditions of that REP’s service.  IN THE EVENT OF A DISPUTE BETWEEN YOU AND A REP LISTED ON THE WEBSITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE HONEST GORILLA, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE, NOW OR IN THE FUTURE.

If You are a California resident, by using the Site, You explicitly waive the rights granted to You under California Civil Code 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”  If You are a New Jersey resident, certain sections of these Terms may not apply to You pursuant to the New Jersey Truth in Consumer Contract, Warranty, and Notice Act.  Additional states may not allow this exclusion or limitation of liability, so the limitation or exclusion stated herein may not apply to You.

LIMITATION OF ACTIONS

We will use our best efforts to include accurate and up-to-date information on the Website, but we make no warranties or representations as to the accuracy or completeness of the information You agree that your access and use of the site and its contents is at your own risk. Any claim or cause of action arising out of your use of the Service must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Honest Gorilla to enforce or exercise any provision of this Terms of Service or any related right shall not constitute a waiver of that right or provision.

USER COMMENTS AND FEEDBACK

If You send, with or without a request from us, certain specific submissions that include creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), You agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You agree to protect, defend, and hold harmless Honest Gorilla from and against any and all claims, suits, liabilities, and expenses arising in any way out of claims based upon your use of the Website or by anyone using your information. BY USING AND/OR VISITING THE WEBSITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HONEST GORILLA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE OR CONTENT PROVIDERS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE AND ANY VIOLATION OF THESE TERMS OF SERVICE. IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, ARISING OR RESULTING FROM THAT DISRUPTION, INTERRUPTION OR INTERFERENCE OF SERVICE.

COPYRIGHT

All information and Content on this Website, including logos, graphics, photos, icons, videos, animations, code, script, sound, images and text (“Website Materials”) and any intellectual property rights embodied therein are the property of Honest Gorilla or third-party providers of information that appears on the Website. Unless otherwise stated herein, none of the Website Materials may be copied, reproduced, modified, distributed, sold, broadcast, downloaded, stored or otherwise used without the express permission of Honest Gorilla or the original copyright holder. You may display and print Website Materials solely for your personal, non-commercial use, provided that You do not modify the Website Materials and that You retain all copyright and other proprietary notices contained in them.

Honest Gorilla or its suppliers may provide software available for download on the Website. Use of software provided on the Website is protected by copyright law and governed by the terms of the end user license agreement that accompanies such software. You may not install or use any software that contains an end user license agreement unless You first agree to the terms of the end user license agreement.

Honest Gorilla encourages You to report any content on the Website that You believe infringes your rights.  Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If You have a good faith belief that content on the Website infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.  Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services can be contacted at hello@honestgorilla.com

We reserve the right to remove any content alleged to be infringing without prior notice, at our sole discretion, and without liability to You, and/or to terminate your account if it is determined that You knowingly posted infringing content.

CHOICE OF LAW; FORUM

This document shall be governed and construed accordance with and in all respects by the laws of the United States and the State of Delaware without regard to the conflict of laws and provisions thereof. Any claim or dispute You may have against us, whether subject to mandatory arbitration or otherwise, must be brought in Dallas, Texas.  For any matters not subject to mandatory arbitration, You agree to submit to the personal jurisdiction of the courts located within Dallas County, Texas for the purpose of litigating all such claims or disputes.

Should You file a claim other than as specified here, we may recover reasonable attorneys’ fees and costs, provided that we have notified You in writing of the improperly filed claim and You have failed to withdraw the claim promptly.

ARBITRATION AGREEMENT AND CLASS WAIVER

You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Website, regardless of when those disputes or claims arise. Therefore, You agree that, by using the Website, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION BASED ON OR INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR PERSONS SIMILARLY SITUATED. Any arbitration proceeding brought under this section shall be conducted by an arbitration service provider chosen by Honest Gorilla applying Texas law. The arbitration may be conducted telephonically, with the costs to be split evenly between the parties.

MODIFICATION AND NOTICE OF CHANGES

Honest Gorilla reserves the right to modify the information contained on this Website or these Terms of Service at any time and without notice. Using and/or visiting this Website after any changes to these Terms of Service have been posted thereon will constitute your agreement to the revised Terms. Unless specifically stated otherwise, any new features, products or services added to the website shall be subject to these Terms.

INDEPENDENCE

Notwithstanding any assistance provided by the Parties to each other in implementing the Terms to maximize value to both parties, the parties hereby acknowledge and agree that they are, and will in implementing these Terms be, acting independently. Nothing herein is intended to or will make the parties joint venturers, partners or otherwise authorizes a party to act on behalf of the other or otherwise bind the other.

ENTIRE AGREEMENT

This Terms of Service and any document incorporated by reference herein constitute the entire agreement between You and us and govern your use of the Service, superseding any prior agreements between us.

HEADINGS

Headings contained in these Terms are for convenience only and shall not be construed to define or limit and terms herein, or otherwise affect the meaning or interpretation of this Terms.

SEVERABILITY

If any provision of these Terms of Service is found by a court or other binding authority to be invalid, the remaining provisions shall continue in full force and effect.

HOW TO CONTACT US

If You have any questions, complaints or concerns regarding this Terms of Service, You may contact us by email at hello@honestgorilla.com