Legal
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Terms & Conditions
Effective March 26, 2015
Welcome, and thank you for your interest in Hummings (“Hummings”, “we,” or “us”) and our Website at www.hellohummings.com (the “Site”), as well as all related web sites, downloadable software, mobile applications (including tablet applications), and other services provided by us and on which a link to these Terms of Use is displayed (collectively, together with the Site, our “Service”). These Terms of Use are a legally binding contract between you and Hummings regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY CLICKING “I ACCEPT” OR BY SIGNING A TESTING AGREEMENT (THE “AGREEMENT”) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY (COLLECTIVELY, THESE “TERMS”). If you are not eligible to use the Service, or do not agree to these Terms, then please do not use the Service.
These Terms provide that all disputes between you and us will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review Section 22 below for the details regarding your agreement to arbitrate any disputes with Hummings.
1. Hummings Service Overview.
Hummings provides an application for managing cash flow and other financial data. Please note that the Service is meant only as an aid to assist you in organizing and managing your finances. The Service is not intended to provide any legal, tax or financial advice. The Service is intended only to assist you in your financial goals and decision making from a higher level, generalized perspective. You acknowledge that your personal financial circumstances are unique, and that before any information, advice, recommendations or other content you obtain through the Service is implemented or acted upon, you should obtain the advice of a financial advisor or other financial planning professional who is aware of your personal financial circumstances.
2. Eligibility.
You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
3. Payment.
Access to the Service, or to certain features of the Service, may require you to pay fees. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. All fees are in U.S. Dollars and are nonrefundable. We may change the fees for the Service or any feature of the Service, including by adding additional fees or charges, on a going forward basis at any time. We will charge the payment method you specify at the time of purchase. You authorize us to charge all sums described herein to such payment method. If you pay any applicable fees with a credit card, we may seek preauthorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4. Accounts and Registration.
4.1 To access the Service, you must register for an account. When you register you will be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@hellohummings.com
4.2 By providing us with information, data, passwords, usernames, PIN codes or other logon information, or other materials or content through the Service, you are thereby granting us the right to use and store such information for the purpose of providing the Service to you.
5. Alerts and Notices.
5.1 From time to time we may issue notices or alerts (“Alerts”) to you, or you may choose to set up voluntary Alerts based on certain criteria, to the extent made available by the Service. Automatic Alerts may be sent to you in certain situations, e.g., changes in your registration information. Any voluntary Alerts may be created or deactivated by you pursuant to customizations and preferences chosen by you. We may add or delete categories of Alerts from time to time.
5.2 Alerts may be sent to your e-mail address, and, based upon your preferences, communicated by additional means, such as, pop-up notices on your mobile device. Since Alerts may include account number, financial information or other sensitive data, please be aware of the methods you choose for receipt of Alerts.
5.3 Please be aware that any Alerts may be delayed or prevented from being delivered to you for a variety of reasons. Therefore, we cannot guarantee the accuracy or timely arrival of any Alerts.
6. Mobile Device Usage. Use of the Service may be made available through a browser on a mobile device or through an application running on a mobile device. You are solely responsible for all costs incurred by you with respect to your usage of the Service on a mobile device, including data usage fees and other telecommunications fees.
7. Prohibited Conduct.
BY USING THE SERVICE YOU AGREE NOT TO:
7.1 use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
7.2 violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
7.3 post, upload, or distribute any User Content (as defined in Section 10 below) or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by us;
7.4 interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
7.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (ii) making unsolicited offers or advertisements to other users of the Service; (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
7.6 perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
7.7 sell or otherwise transfer the access granted herein or any materials or any right or ability to view, access, or use any materials;
7.8 provide financial information to us which you do not have the authority to provide; or
7.9 attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section.
8. Third-Party Services and Offers; Linked Websites.
We may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account with us, with an account on a third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information.
This Site and the Service found at this Site may contain links to third-party websites that are not owned or controlled by Hummings. These links are provided solely as a convenience to you and do not constitute an endorsement by Hummings of the content on such websites nor of the business practices of those operating those websites. Hummings has no control over and assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Hummings does not censor or edit the content of any third-party websites. By using this Site or the Service found at this Site, you expressly release Hummings from any and all liability arising from your use of any third-party website. Accordingly, Hummings encourages you to be aware when you leave this Site or the Service found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
9. Intellectual Property.
The content on this Site and the Service found at this Site, including without limitation the text (such as the articles found on our blog or in our daily newsletter), software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Hummings Content”), are owned by or licensed to Hummings in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Hummings Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Hummings. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Hummings reserves all rights not expressly granted in and to Hummings Content, this Site and the Service found at this Site, and this Agreement do not transfer ownership of any of these rights.
The Site and the Service have been specially designed to present Hummings Content in a unique format and appearance. We are concerned about the integrity of Hummings Content when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our content. Neither you nor any third party shall make use of Hummings Content in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized by us.
10. Our Use of User Content Posted on or through the Service.
You are solely responsible for the content and other materials you upload, post on or through the Service or the Site or transmit to or share with other users or recipients (collectively, “User Content”). You may not post any content that you did not create or that you do not own. By posting User Content you hereby grant and will grant Hummings a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, distribute, store, modify and otherwise use your User Content in connection with the operation, advertising or marketing of the Service, in any form now known or later developed.
We welcome your comments, questions, suggestions and feedback about the Site or the Service (“Submissions”). Be aware that any comments or suggestions you make to Hummings are non-confidential and become the property of Hummings, which will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
11. Our Monitoring of User Content.
Hummings reserves the right, but has no obligation, to pre-screen User Content and decide whether any item of User Content is appropriate and/or complies with this Agreement. Hummings may remove any item of User Content and/or terminate a User’s access to this Site or the Service found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Hummings in its sole and absolute discretion), at any time and without prior notice. If Hummings terminates your access to this Site or the Service found at this Site, Hummings may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
12. Idea Submission; Content Moderation.
If you submit questions, comments, feedback, suggestions, ideas, or other information, including information and ideas about Hummings, our Services (collectively, Ideas), your submission of Ideas is voluntary, non-confidential, gratuitous and non-committal. Hummings owns exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Content posted to our Service is moderated, will not appear immediately, and is not guaranteed to appear. We are under no obligation to you or any other person to moderate user submissions. We may stop moderating the Service at any time. If you unregister from the Service, any Content that you posted to the Service will remain on the Service.
13. Digital Millennium Copyright Act (DMCA) Notice.
If you believe that material available through the Service infringes the copyright of any third party, notify us by using the notice procedure under the DMCA. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA.
14. Termination of Use; Discontinuation and Modification of the Service
If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, we, in our sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at support@hellohummings.com. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.
15. Privacy Policy; Additional Terms.
15.1 Privacy Policy. Please read the Hummings Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Hummings Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.
15.2 Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the "Additional Terms"), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service or additional services which subject to Section 10 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
16. Changes to the Terms.
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect that the time the dispute arose.
17. Indemnity.
You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Hummings. and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Hummings Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
18. Disclaimers; No Warranties.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE HUMMINGS ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE HUMMINGS ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, ACCURATE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE HUMMINGS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
WE DO NOT ENDORSE, WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES OF ANY OFFERS WHICH MAY BE MADE AVAILABLE TO YOU THROUGH THE SERVICE, AND WE ARE NOT AN AGENT OR BROKER OF SUCH OFFER PROVIDERS. WE DO NOT GUARANTEE THAT ANY LOAN, INVESTMENT, PLAN OR OTHER TERMS OFFERED BY ANY THIRD PARTY ARE ACTUALLY THE TERMS THAT MAY BE OFFERED TO YOU OR ARE THE BEST TERMS AVAILABLE.
ALL INFORMATION WE RECEIVE FROM THIRD PARTIES OR YOU IS NOT VERIFIED FOR ACCURACY BY US. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
19. Limitation of Liability.
IN NO EVENT WILL THE HUMMINGS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE HUMMINGS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE HUMMINGS ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO HUMMINGS FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 19 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
20. Governing Law.
These Terms shall be governed by the laws of the State of New York without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and us agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York County, New York for the purpose of litigating all such disputes.
21. General
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Hummings, regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.
22. Dispute Resolution and Arbitration
22.1 Generally. In the interest of resolving disputes between you and Hummings in the most expedient and cost effective manner, you and Hummings agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HUMMINGS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
22.2 Exceptions. Notwithstanding subsection 22.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
22.3 Arbitrator. Any arbitration between you and Hummings will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Hummings.
22.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Hummings' address for Notice is:
Hummings c/o Black Stag Consulting
1499 Post Road
Fairfield, CT 06824
The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Hummings may commence an arbitration proceeding.
22.5 Hearing. Any arbitration hearings will take place at a location to be agreed upon in New York County, NY, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules. The payment of all fees will be governed by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
22.6 No Class Actions. YOU AND HUMMINGS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Hummings agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
22.7 Modifications. In the event that we make any future change to this arbitration provision (other than a change to our address for Notice), you may reject any such change by sending us written notice within 30 days of the change to our address for Notice, in which case your account with us shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
22.8 Enforceability. If Subsection 22.6 is found to be unenforceable or if the entirety of this Section 22 is found to be unenforceable, then the entirety of this Section 22 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 20 shall govern any action arising out of or related to these Terms.
23. Consent to Electronic Communications
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. By using the Service, you agree that we may communicate agreements, changes to any agreements, notices, disclosures, service alerts, product announcements, marketing messages, advertising, surveys and questionnaires and other information or communications (“Information”), and in certain instances information legally required to be provided to you by law ("Legally Required Information") (collectively, “Electronic Communications”) in connection with providing the Service to you electronically:
Through the Site and the Service;
By posting Electronic Communications at the Site and the Service;
By e-mailing Electronic Communications to the e-mail address on file in your Hummings Account;
By presenting Electronic Communications via push notifications; or
Sending you Electronic Communications via text or multimedia messages to your Mobile Device.
Certain Electronic Communications, such as text and multimedia messages, may result in usage fees and charges from your Wireless Service Provider. Electronic Communications shall be deemed to be received by you when they, or notice of their availability, are sent, provided, posted or otherwise communicated by Hummings to you in accordance with the Terms of Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
24. Contact Information
The Service is offered by Hummings. You may contact us by emailing us at support@hellohummings.com. ---------------------------------------------------------
Privacy Policy
Effective March 26, 2015
Hummings (“Hummings” “we” or “us”) is the owner and operator of the Site and the provider of the Service. We respect your privacy, and we created this privacy policy (the “Policy”) to explain how we collect, use and disclose your information when you access the Site and use the Service. The Policy is only applicable to our Site and our Services and not to any other website, service or online platform. Capitalized terms that are not defined in this Policy have the meaning given them in our Terms of Service. BY ACESSING THE SITE, UTILIZING ANY OF THE SERVICES AND/OR REGISTERING WITH US, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS POLICY, INCLUDING OUR TERMS OF SERVICE, WHICH ARE INCORPORATED HEREIN BY REFERENCE. Personal Information is information that directly identifies or reasonably can be used to identify an individual User or Visitor. Personal Information does not include Anonymous or Aggregated Information.
Anonymous Information means information that does not directly identify and cannot reasonably be used to identify an individual User or Visitor. Aggregated Information means information about groups or categories of Users or Visitors that does not directly identify and cannot reasonably be used to identify an individual User or Visitor. Aggregated Information is a kind of Anonymous Information.
The information that we collect: The information we collect from you can be divided into the following general categories.
1.1 Personal Information. When you use the Service, you may provide and we may collect what is generally called “personally identifiable” information, such as your name, e-mail address, mailing address, mobile phone number, and demographic information. For example, you may provide us with personally identifiable information when you register for an account, use the Service, post User Content, interact with other users of the Service through communication or messaging features, or send us customer service related requests. You are responsible for ensuring the accuracy of all Personal Information you submit to us.
1.2 Geolocation Data. Our Service may collect and use your location information (for example, by requesting your zip code in your profile or by using the GPS on your mobile device) to provide certain functionality of our Service. We may use your location information in conjunction with your Personal Data or in an aggregate way, as described above in the “Aggregated Information” section.
1.3 Your Content and Usage. We collect the content you submit to the Service (posts, replies and votes), as well as information about when you submitted the content, when it was viewed, and other activities.
1.4 Device and machine identifiers. We use various technologies to collect and store information when you use our Service, including cookies and other device identifiers. When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – or other automatic identifiers to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Persistent cookies can be removed. Please review your web browser “Help" file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.
1.5 “Automatically Collected" Information. When you use the Service or open one of our HTML e-mails, we may automatically record certain information from your web browser by using different types of technology, including “clear gifs" or “web beacons.” This “automatically collected" information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after the Service, the pages you view on the Service, and the dates and times that you visit, access, or use the Service. This information is gathered for all users.
1.6 Third Party Web Beacons and Third Party Buttons. We may also implement third party content or advertising on the Service that may use clear gifs or other forms of web beacons, which allow the third party content provider to read and write cookies to your browser in connection with your viewing of the third party content on the Service. Additionally, we may implement third party buttons (such as Facebook “like” or “share” buttons) that may allow such third party to collect information about you through such third party’s browser cookies, even when you do not interact with the button. Information collected through web beacons and buttons is collected directly by the third party, and we do not participate in that data transmission. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies.
1.7 Information from Other Sources. We may also obtain information, including personally identifiable information, from third parties and sources other than the Service, such as our partners or advertisers. We may also, at your direction, receive information from third party services that provide a mechanism to share information you have provided to such third party through the use of an application program interface (API), such as Facebook Connect or the Twitter API. If we combine or associate information from other sources with personally identifiable information that we collect through the Service, we will treat the combined information as personally identifiable information in accordance with this Privacy Policy.
1.8 Mobile Device Information: When you download and use our Services, we automatically collect information on the type of device you use, operating system version, and the device identifier (or "UDID").
1.9. Social Media Sites. You can like us on Facebook, follow us on Twitter, and promote us on other social media sites. We collect information about who has liked us or followed us. However, we don’t associate your social media account with your Hummings account. You may also share Hummings through Facebook, Twitter, Instagram, and other social media accounts.
We limit the uses the information we collect. Your information is an integral part of our operations, and we use it in a variety of ways in providing the Service and operating our business. Our primary uses of the data you submit to us are responding to requests that you make and aiding in serving you better. We may use your Personal Data in the following ways:
to operate, maintain, enhance and provide you with the Service;
to personalize and better tailor the features, content, advertising, performance and support of the Service for your use;
to send you administrative notifications, such as security or support and maintenance advisories;
to respond to your inquiries related to employment opportunities or other requests;
to send you targeted promotional/marketing information, newsletters, surveys, offers or other information;
to provide you with opportunities and functionality that we think would be of particular interest to you;
to improve the quality of the Site and the Service;
to analyze, benchmark and conduct research on user data and user interactions with the Service; or
to address intellectual property infringement, right of privacy violations or defamation issues related to your User Content posted on the Service or to send you promotional messages related
to the Service and the activities of third parties we work with.
Generally, you have the ability to opt-out of receiving any promotional communications from us or third parties, either through links provided in the messages or by updating your account preferences through the Service.
We may use “cookies” information and “automatically collected” information to: (a) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or your next visit on the Service; (b) provide customized third party advertisements, content, and information; (c) monitor and analyze the effectiveness of Service and third party marketing activities; (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in any promotions or other activities.
How we disclose your information. We will share your personal information with third parties only in the ways that are described in this privacy policy. We do not sell your personal information to third parties.
We may disclose your personally identifiable information and other information we collect in some circumstances in connection with providing the Service and the operation of our business. For example:
3.1 Any information, including personally identifiable information, that you voluntarily choose to include in a publicly accessible area of the Service, such as a public profile page, will be available to anyone who has access to that content, including other users. You can control what personally identifiable information that you choose to be publicly accessible by adjusting your account settings.
3.2 We work with third party service providers to provide website, application development, hosting, maintenance, and other services for us. To the extent it is necessary for these third party service providers to complete their contractual obligations to us, these third parties may have access to or process your personally identifiable information. Generally, these disclosures are made under terms comparable to this policy, and the recipients are limited to using the information the purpose for which it was provided.
3.3 We make certain automatically collected and other aggregate non-personally-identifiable information available to third parties, to: (i) comply with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.
3.4 We may share the information we gather about you and other users with our third party business partners, including advertisers. For example, if you post content that mentions one of our business partners, we may share that content with them. As noted, we don’t collect name or contact information (unless you post it in your comment or reply).
3.5 We may also disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement activity.
3.6 We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to take precautions against liability; to protect Hummings and others from fraudulent, abusive, or unlawful uses or activity; to investigate and defend ourselves against any third party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Service; or to protect the rights, property, or personal safety of Hummings our users, or others.
3.7 In the event that all or a portion of Hummings, or its assets are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users in connection with such merger, acquisition, sale, or other change of control. You will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personally identifiable information
Third Party Services. The Service may contain features or links to websites and services provided by third parties. Any personally identifiable information you provide on third party sites or services is provided directly to that third party and is subject to that third party’s policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with personally identifiable information.
Our Commitment to Children’s Privacy. Protecting the privacy of young children is especially important. For that reason, we do not allow children under 18 years of age to use the Service or knowingly collect or maintain personally identifiable information from persons under 18 years of age, and no part of the Service is directed to persons under 18 years of age. If you are under 18 years of age, then please do not use or access Service at any time or in any manner. If we learn that personally identifiable information has been collected on the Service from persons under 18 years of age then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 18 years of age has obtained an account on the Service, then you may alert us at support@hellohummings.com and request that we delete that child’s personally identifiable information from our systems.
Our Commitment to Data Security. We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of your personally identifiable information. We have a data security policy in place that we regularly test. Our security policy utilizes bank-level encryption and other security measures, such as SSL, to protect your information from hackers and unauthorized parties. If you choose to allow us to store your personal information, we will implement reasonable security measures according to our security policy. We cannot, however, ensure or warrant the security of any information you transmit to us or store on the Service and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at support@hellohummings.com.
Privacy Settings. Although we may allow you to adjust your privacy settings to limit access to your information, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you may choose to share your information. Therefore, we cannot and do not guarantee that information you post on the Service will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. You understand and acknowledge that, even after removal, copies of information that you have posted may remain viewable in cached and archived pages or if other users have copied or stored such information.
International Visitors. The Service is intended solely for visitors located within the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personally identifiable information outside of those regions to the United States for storage and processing, and by providing your personally identifiable information on the Service you consent to that transfer, storage, and processing.
Changes and Updates to this Privacy Policy. Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which may be revised periodically at our sole discretion, as provided in Section 16 of the Terms of Use. If we modify the Privacy Policy, we will make it available through the Service and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change prior to the change becoming effective. For example, we may send a message to your e-mail address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Our amended Privacy Policy will automatically take effect after it is made available through the Service. If you do not agree with any changes to the Privacy Policy, you may terminate your account and stop using the Service. Your continued use of the Service after the revised Privacy Policy has become effective indicates that you have read, understood and agreed to the current version of the Privacy Policy.
Our Contact Information. Please contact us with any questions or comments about this Privacy Policy, your personally identifiable information, our use and disclosure practices, or your consent choices by e-mail at support@hellohummings.com.
Effective March 26, 2015
Welcome, and thank you for your interest in Hummings (“Hummings”, “we,” or “us”) and our Website at www.hellohummings.com (the “Site”), as well as all related web sites, downloadable software, mobile applications (including tablet applications), and other services provided by us and on which a link to these Terms of Use is displayed (collectively, together with the Site, our “Service”). These Terms of Use are a legally binding contract between you and Hummings regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY CLICKING “I ACCEPT” OR BY SIGNING A TESTING AGREEMENT (THE “AGREEMENT”) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY (COLLECTIVELY, THESE “TERMS”). If you are not eligible to use the Service, or do not agree to these Terms, then please do not use the Service.
These Terms provide that all disputes between you and us will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review Section 22 below for the details regarding your agreement to arbitrate any disputes with Hummings.
1. Hummings Service Overview.
Hummings provides an application for managing cash flow and other financial data. Please note that the Service is meant only as an aid to assist you in organizing and managing your finances. The Service is not intended to provide any legal, tax or financial advice. The Service is intended only to assist you in your financial goals and decision making from a higher level, generalized perspective. You acknowledge that your personal financial circumstances are unique, and that before any information, advice, recommendations or other content you obtain through the Service is implemented or acted upon, you should obtain the advice of a financial advisor or other financial planning professional who is aware of your personal financial circumstances.
2. Eligibility.
You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
3. Payment.
Access to the Service, or to certain features of the Service, may require you to pay fees. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. All fees are in U.S. Dollars and are nonrefundable. We may change the fees for the Service or any feature of the Service, including by adding additional fees or charges, on a going forward basis at any time. We will charge the payment method you specify at the time of purchase. You authorize us to charge all sums described herein to such payment method. If you pay any applicable fees with a credit card, we may seek preauthorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4. Accounts and Registration.
4.1 To access the Service, you must register for an account. When you register you will be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@hellohummings.com
4.2 By providing us with information, data, passwords, usernames, PIN codes or other logon information, or other materials or content through the Service, you are thereby granting us the right to use and store such information for the purpose of providing the Service to you.
5. Alerts and Notices.
5.1 From time to time we may issue notices or alerts (“Alerts”) to you, or you may choose to set up voluntary Alerts based on certain criteria, to the extent made available by the Service. Automatic Alerts may be sent to you in certain situations, e.g., changes in your registration information. Any voluntary Alerts may be created or deactivated by you pursuant to customizations and preferences chosen by you. We may add or delete categories of Alerts from time to time.
5.2 Alerts may be sent to your e-mail address, and, based upon your preferences, communicated by additional means, such as, pop-up notices on your mobile device. Since Alerts may include account number, financial information or other sensitive data, please be aware of the methods you choose for receipt of Alerts.
5.3 Please be aware that any Alerts may be delayed or prevented from being delivered to you for a variety of reasons. Therefore, we cannot guarantee the accuracy or timely arrival of any Alerts.
6. Mobile Device Usage. Use of the Service may be made available through a browser on a mobile device or through an application running on a mobile device. You are solely responsible for all costs incurred by you with respect to your usage of the Service on a mobile device, including data usage fees and other telecommunications fees.
7. Prohibited Conduct.
BY USING THE SERVICE YOU AGREE NOT TO:
7.1 use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
7.2 violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
7.3 post, upload, or distribute any User Content (as defined in Section 10 below) or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by us;
7.4 interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
7.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (ii) making unsolicited offers or advertisements to other users of the Service; (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
7.6 perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
7.7 sell or otherwise transfer the access granted herein or any materials or any right or ability to view, access, or use any materials;
7.8 provide financial information to us which you do not have the authority to provide; or
7.9 attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section.
8. Third-Party Services and Offers; Linked Websites.
We may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account with us, with an account on a third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information.
This Site and the Service found at this Site may contain links to third-party websites that are not owned or controlled by Hummings. These links are provided solely as a convenience to you and do not constitute an endorsement by Hummings of the content on such websites nor of the business practices of those operating those websites. Hummings has no control over and assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Hummings does not censor or edit the content of any third-party websites. By using this Site or the Service found at this Site, you expressly release Hummings from any and all liability arising from your use of any third-party website. Accordingly, Hummings encourages you to be aware when you leave this Site or the Service found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
9. Intellectual Property.
The content on this Site and the Service found at this Site, including without limitation the text (such as the articles found on our blog or in our daily newsletter), software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Hummings Content”), are owned by or licensed to Hummings in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Hummings Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Hummings. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Hummings reserves all rights not expressly granted in and to Hummings Content, this Site and the Service found at this Site, and this Agreement do not transfer ownership of any of these rights.
The Site and the Service have been specially designed to present Hummings Content in a unique format and appearance. We are concerned about the integrity of Hummings Content when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our content. Neither you nor any third party shall make use of Hummings Content in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized by us.
10. Our Use of User Content Posted on or through the Service.
You are solely responsible for the content and other materials you upload, post on or through the Service or the Site or transmit to or share with other users or recipients (collectively, “User Content”). You may not post any content that you did not create or that you do not own. By posting User Content you hereby grant and will grant Hummings a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, distribute, store, modify and otherwise use your User Content in connection with the operation, advertising or marketing of the Service, in any form now known or later developed.
We welcome your comments, questions, suggestions and feedback about the Site or the Service (“Submissions”). Be aware that any comments or suggestions you make to Hummings are non-confidential and become the property of Hummings, which will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
11. Our Monitoring of User Content.
Hummings reserves the right, but has no obligation, to pre-screen User Content and decide whether any item of User Content is appropriate and/or complies with this Agreement. Hummings may remove any item of User Content and/or terminate a User’s access to this Site or the Service found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Hummings in its sole and absolute discretion), at any time and without prior notice. If Hummings terminates your access to this Site or the Service found at this Site, Hummings may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
12. Idea Submission; Content Moderation.
If you submit questions, comments, feedback, suggestions, ideas, or other information, including information and ideas about Hummings, our Services (collectively, Ideas), your submission of Ideas is voluntary, non-confidential, gratuitous and non-committal. Hummings owns exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Content posted to our Service is moderated, will not appear immediately, and is not guaranteed to appear. We are under no obligation to you or any other person to moderate user submissions. We may stop moderating the Service at any time. If you unregister from the Service, any Content that you posted to the Service will remain on the Service.
13. Digital Millennium Copyright Act (DMCA) Notice.
If you believe that material available through the Service infringes the copyright of any third party, notify us by using the notice procedure under the DMCA. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA.
14. Termination of Use; Discontinuation and Modification of the Service
If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, we, in our sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at support@hellohummings.com. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.
15. Privacy Policy; Additional Terms.
15.1 Privacy Policy. Please read the Hummings Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Hummings Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.
15.2 Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the "Additional Terms"), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service or additional services which subject to Section 10 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
16. Changes to the Terms.
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect that the time the dispute arose.
17. Indemnity.
You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Hummings. and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Hummings Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
18. Disclaimers; No Warranties.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE HUMMINGS ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE HUMMINGS ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, ACCURATE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE HUMMINGS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
WE DO NOT ENDORSE, WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES OF ANY OFFERS WHICH MAY BE MADE AVAILABLE TO YOU THROUGH THE SERVICE, AND WE ARE NOT AN AGENT OR BROKER OF SUCH OFFER PROVIDERS. WE DO NOT GUARANTEE THAT ANY LOAN, INVESTMENT, PLAN OR OTHER TERMS OFFERED BY ANY THIRD PARTY ARE ACTUALLY THE TERMS THAT MAY BE OFFERED TO YOU OR ARE THE BEST TERMS AVAILABLE.
ALL INFORMATION WE RECEIVE FROM THIRD PARTIES OR YOU IS NOT VERIFIED FOR ACCURACY BY US. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
19. Limitation of Liability.
IN NO EVENT WILL THE HUMMINGS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE HUMMINGS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE HUMMINGS ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO HUMMINGS FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 19 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
20. Governing Law.
These Terms shall be governed by the laws of the State of New York without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and us agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York County, New York for the purpose of litigating all such disputes.
21. General
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Hummings, regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.
22. Dispute Resolution and Arbitration
22.1 Generally. In the interest of resolving disputes between you and Hummings in the most expedient and cost effective manner, you and Hummings agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HUMMINGS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
22.2 Exceptions. Notwithstanding subsection 22.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
22.3 Arbitrator. Any arbitration between you and Hummings will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Hummings.
22.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Hummings' address for Notice is:
Hummings c/o Black Stag Consulting
1499 Post Road
Fairfield, CT 06824
The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Hummings may commence an arbitration proceeding.
22.5 Hearing. Any arbitration hearings will take place at a location to be agreed upon in New York County, NY, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules. The payment of all fees will be governed by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
22.6 No Class Actions. YOU AND HUMMINGS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Hummings agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
22.7 Modifications. In the event that we make any future change to this arbitration provision (other than a change to our address for Notice), you may reject any such change by sending us written notice within 30 days of the change to our address for Notice, in which case your account with us shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
22.8 Enforceability. If Subsection 22.6 is found to be unenforceable or if the entirety of this Section 22 is found to be unenforceable, then the entirety of this Section 22 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 20 shall govern any action arising out of or related to these Terms.
23. Consent to Electronic Communications
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. By using the Service, you agree that we may communicate agreements, changes to any agreements, notices, disclosures, service alerts, product announcements, marketing messages, advertising, surveys and questionnaires and other information or communications (“Information”), and in certain instances information legally required to be provided to you by law ("Legally Required Information") (collectively, “Electronic Communications”) in connection with providing the Service to you electronically:
Through the Site and the Service;
By posting Electronic Communications at the Site and the Service;
By e-mailing Electronic Communications to the e-mail address on file in your Hummings Account;
By presenting Electronic Communications via push notifications; or
Sending you Electronic Communications via text or multimedia messages to your Mobile Device.
Certain Electronic Communications, such as text and multimedia messages, may result in usage fees and charges from your Wireless Service Provider. Electronic Communications shall be deemed to be received by you when they, or notice of their availability, are sent, provided, posted or otherwise communicated by Hummings to you in accordance with the Terms of Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
24. Contact Information
The Service is offered by Hummings. You may contact us by emailing us at support@hellohummings.com. ---------------------------------------------------------
Privacy Policy
Effective March 26, 2015
Hummings (“Hummings” “we” or “us”) is the owner and operator of the Site and the provider of the Service. We respect your privacy, and we created this privacy policy (the “Policy”) to explain how we collect, use and disclose your information when you access the Site and use the Service. The Policy is only applicable to our Site and our Services and not to any other website, service or online platform. Capitalized terms that are not defined in this Policy have the meaning given them in our Terms of Service. BY ACESSING THE SITE, UTILIZING ANY OF THE SERVICES AND/OR REGISTERING WITH US, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS POLICY, INCLUDING OUR TERMS OF SERVICE, WHICH ARE INCORPORATED HEREIN BY REFERENCE. Personal Information is information that directly identifies or reasonably can be used to identify an individual User or Visitor. Personal Information does not include Anonymous or Aggregated Information.
Anonymous Information means information that does not directly identify and cannot reasonably be used to identify an individual User or Visitor. Aggregated Information means information about groups or categories of Users or Visitors that does not directly identify and cannot reasonably be used to identify an individual User or Visitor. Aggregated Information is a kind of Anonymous Information.
The information that we collect: The information we collect from you can be divided into the following general categories.
1.1 Personal Information. When you use the Service, you may provide and we may collect what is generally called “personally identifiable” information, such as your name, e-mail address, mailing address, mobile phone number, and demographic information. For example, you may provide us with personally identifiable information when you register for an account, use the Service, post User Content, interact with other users of the Service through communication or messaging features, or send us customer service related requests. You are responsible for ensuring the accuracy of all Personal Information you submit to us.
1.2 Geolocation Data. Our Service may collect and use your location information (for example, by requesting your zip code in your profile or by using the GPS on your mobile device) to provide certain functionality of our Service. We may use your location information in conjunction with your Personal Data or in an aggregate way, as described above in the “Aggregated Information” section.
1.3 Your Content and Usage. We collect the content you submit to the Service (posts, replies and votes), as well as information about when you submitted the content, when it was viewed, and other activities.
1.4 Device and machine identifiers. We use various technologies to collect and store information when you use our Service, including cookies and other device identifiers. When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – or other automatic identifiers to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Persistent cookies can be removed. Please review your web browser “Help" file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.
1.5 “Automatically Collected" Information. When you use the Service or open one of our HTML e-mails, we may automatically record certain information from your web browser by using different types of technology, including “clear gifs" or “web beacons.” This “automatically collected" information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after the Service, the pages you view on the Service, and the dates and times that you visit, access, or use the Service. This information is gathered for all users.
1.6 Third Party Web Beacons and Third Party Buttons. We may also implement third party content or advertising on the Service that may use clear gifs or other forms of web beacons, which allow the third party content provider to read and write cookies to your browser in connection with your viewing of the third party content on the Service. Additionally, we may implement third party buttons (such as Facebook “like” or “share” buttons) that may allow such third party to collect information about you through such third party’s browser cookies, even when you do not interact with the button. Information collected through web beacons and buttons is collected directly by the third party, and we do not participate in that data transmission. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies.
1.7 Information from Other Sources. We may also obtain information, including personally identifiable information, from third parties and sources other than the Service, such as our partners or advertisers. We may also, at your direction, receive information from third party services that provide a mechanism to share information you have provided to such third party through the use of an application program interface (API), such as Facebook Connect or the Twitter API. If we combine or associate information from other sources with personally identifiable information that we collect through the Service, we will treat the combined information as personally identifiable information in accordance with this Privacy Policy.
1.8 Mobile Device Information: When you download and use our Services, we automatically collect information on the type of device you use, operating system version, and the device identifier (or "UDID").
1.9. Social Media Sites. You can like us on Facebook, follow us on Twitter, and promote us on other social media sites. We collect information about who has liked us or followed us. However, we don’t associate your social media account with your Hummings account. You may also share Hummings through Facebook, Twitter, Instagram, and other social media accounts.
We limit the uses the information we collect. Your information is an integral part of our operations, and we use it in a variety of ways in providing the Service and operating our business. Our primary uses of the data you submit to us are responding to requests that you make and aiding in serving you better. We may use your Personal Data in the following ways:
to operate, maintain, enhance and provide you with the Service;
to personalize and better tailor the features, content, advertising, performance and support of the Service for your use;
to send you administrative notifications, such as security or support and maintenance advisories;
to respond to your inquiries related to employment opportunities or other requests;
to send you targeted promotional/marketing information, newsletters, surveys, offers or other information;
to provide you with opportunities and functionality that we think would be of particular interest to you;
to improve the quality of the Site and the Service;
to analyze, benchmark and conduct research on user data and user interactions with the Service; or
to address intellectual property infringement, right of privacy violations or defamation issues related to your User Content posted on the Service or to send you promotional messages related
to the Service and the activities of third parties we work with.
Generally, you have the ability to opt-out of receiving any promotional communications from us or third parties, either through links provided in the messages or by updating your account preferences through the Service.
We may use “cookies” information and “automatically collected” information to: (a) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or your next visit on the Service; (b) provide customized third party advertisements, content, and information; (c) monitor and analyze the effectiveness of Service and third party marketing activities; (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in any promotions or other activities.
How we disclose your information. We will share your personal information with third parties only in the ways that are described in this privacy policy. We do not sell your personal information to third parties.
We may disclose your personally identifiable information and other information we collect in some circumstances in connection with providing the Service and the operation of our business. For example:
3.1 Any information, including personally identifiable information, that you voluntarily choose to include in a publicly accessible area of the Service, such as a public profile page, will be available to anyone who has access to that content, including other users. You can control what personally identifiable information that you choose to be publicly accessible by adjusting your account settings.
3.2 We work with third party service providers to provide website, application development, hosting, maintenance, and other services for us. To the extent it is necessary for these third party service providers to complete their contractual obligations to us, these third parties may have access to or process your personally identifiable information. Generally, these disclosures are made under terms comparable to this policy, and the recipients are limited to using the information the purpose for which it was provided.
3.3 We make certain automatically collected and other aggregate non-personally-identifiable information available to third parties, to: (i) comply with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.
3.4 We may share the information we gather about you and other users with our third party business partners, including advertisers. For example, if you post content that mentions one of our business partners, we may share that content with them. As noted, we don’t collect name or contact information (unless you post it in your comment or reply).
3.5 We may also disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement activity.
3.6 We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to take precautions against liability; to protect Hummings and others from fraudulent, abusive, or unlawful uses or activity; to investigate and defend ourselves against any third party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Service; or to protect the rights, property, or personal safety of Hummings our users, or others.
3.7 In the event that all or a portion of Hummings, or its assets are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users in connection with such merger, acquisition, sale, or other change of control. You will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personally identifiable information
Third Party Services. The Service may contain features or links to websites and services provided by third parties. Any personally identifiable information you provide on third party sites or services is provided directly to that third party and is subject to that third party’s policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with personally identifiable information.
Our Commitment to Children’s Privacy. Protecting the privacy of young children is especially important. For that reason, we do not allow children under 18 years of age to use the Service or knowingly collect or maintain personally identifiable information from persons under 18 years of age, and no part of the Service is directed to persons under 18 years of age. If you are under 18 years of age, then please do not use or access Service at any time or in any manner. If we learn that personally identifiable information has been collected on the Service from persons under 18 years of age then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 18 years of age has obtained an account on the Service, then you may alert us at support@hellohummings.com and request that we delete that child’s personally identifiable information from our systems.
Our Commitment to Data Security. We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of your personally identifiable information. We have a data security policy in place that we regularly test. Our security policy utilizes bank-level encryption and other security measures, such as SSL, to protect your information from hackers and unauthorized parties. If you choose to allow us to store your personal information, we will implement reasonable security measures according to our security policy. We cannot, however, ensure or warrant the security of any information you transmit to us or store on the Service and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at support@hellohummings.com.
Privacy Settings. Although we may allow you to adjust your privacy settings to limit access to your information, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you may choose to share your information. Therefore, we cannot and do not guarantee that information you post on the Service will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. You understand and acknowledge that, even after removal, copies of information that you have posted may remain viewable in cached and archived pages or if other users have copied or stored such information.
International Visitors. The Service is intended solely for visitors located within the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personally identifiable information outside of those regions to the United States for storage and processing, and by providing your personally identifiable information on the Service you consent to that transfer, storage, and processing.
Changes and Updates to this Privacy Policy. Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which may be revised periodically at our sole discretion, as provided in Section 16 of the Terms of Use. If we modify the Privacy Policy, we will make it available through the Service and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change prior to the change becoming effective. For example, we may send a message to your e-mail address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Our amended Privacy Policy will automatically take effect after it is made available through the Service. If you do not agree with any changes to the Privacy Policy, you may terminate your account and stop using the Service. Your continued use of the Service after the revised Privacy Policy has become effective indicates that you have read, understood and agreed to the current version of the Privacy Policy.
Our Contact Information. Please contact us with any questions or comments about this Privacy Policy, your personally identifiable information, our use and disclosure practices, or your consent choices by e-mail at support@hellohummings.com.