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Terms and Conditions

Terms of Use

1. You and hive™

Your use of the hive™ suite of products, software, services, and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by hive under a separate written agreement) is subject to the terms of a legal agreement between you and hive. “hive” means Decode Solutions LLC, whose principal place of business is at  312 W. Johnson St, Raleigh, North Carolina 27603, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

YOUR AFFIRMATIVE ACT OF USING hive ON ANY PLATFORM SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE, AND YOU CONSENT TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, DO NOT USE hive.

All the following terms form a legally binding agreement between you and hive in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms.”

2. Term Acceptance

In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by hive in the user interface for any Service; or

(B) by actually using the Services. In this case, you understand and agree that hive will treat your use of the Services as acceptance of the Terms from that point onwards.

You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with hive, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

3. Provision of the Services by hive

hive is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which hive provides may change from time to time without prior notice to you.

As part of this continuing innovation, you acknowledge and agree that hive may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at hive’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform hive when you stop using the Services.

You acknowledge and agree that if hive disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content which is contained in your account.

4. No Duty to Monitor

You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.

5. Use of services

In order to access certain Services, you may be required to provide information about yourself as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to hive will always be accurate, correct, and up to date.

You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by hive, unless you have been specifically allowed to do so in a separate agreement with hive. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

Unless you have been specifically permitted to do so in a separate agreement with hive, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.

You agree that you are solely responsible for (and that hive has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which hive may suffer) of any such breach.

6. Your passwords and account security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

Accordingly, you agree that you will be solely responsible to hive for all activities that occur under your account.

If you become aware of any unauthorized use of your password or of your account, you agree to notify hive immediately using the feedback button at http://www.hivehelp.com.

7. Privacy and your personal information

For information about hive’s data protection practices, please read hive’s privacy policy, appended below this document in Appendix A. A copy of the policy can also be obtained at http://hivehelp.com This policy explains how hive treats your personal information, and protects your privacy, when you use the Services.

You agree to the use of your data in accordance with hive’s privacy policies.

8. Content in the Services

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos, or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.”

You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services, may be protected by intellectual property rights which are owned by the sponsors, companies, or advertisers who provide that Content to hive (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by hive or by the owners of that Content, in a separate agreement.

hive reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content from any Service. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

You agree that you are solely responsible for (and that hive has no responsibility to you or to any third party for) any Content that you create, transmit, or display while using the Services and for the consequences of your actions (including any loss or damage which hive may suffer) by doing so.

9. Proprietary rights

You acknowledge and agree that hive (or hive’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by hive and that you shall not disclose such information without hive’s prior written consent.

Unless you have agreed otherwise in writing with hive, nothing in the Terms gives you a right to use any of hive’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

Unless you have been expressly authorized to do so in writing by hive, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.

10. Content license

You retain copyright and any other rights you already hold in Content which you submit, post, or display on or through, the Services. By submitting, posting, or displaying the content you give hive a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any Content which you submit, post, or display on or through, the Services. This license is for the sole purpose of enabling hive to display, distribute, and promote the Services and may be revoked for certain Services.

You agree that this license includes a right for hive to make such Content available to other companies, organizations, or individuals with whom hive has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

You understand that hive, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services, or media. You agree that this license shall permit hive to take these actions.

You confirm and warrant to hive that you have all the rights, power, and authority necessary to grant the above license.

11. EXCLUSION OF WARRANTIES

NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT hive’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

IN PARTICULAR, hive, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM hive OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

hive FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

12. LIMITATION OF LIABILITY

SUBJECT TO OVERALL PROVISION IN PARAGRAPH ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT hive, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

(II) ANY CHANGES THAT hive MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(III) YOUR FAILURE TO PROVIDE hive WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

THE LIMITATIONS ON hive'S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT hive HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

13. Advertisements

Some versions of hive may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services, or other information.

The manner, mode, and extent of advertising by hive on the Services are subject to change without specific notice to you.

In consideration for hive granting you access to and use of the Services, you agree that hive may place such advertising on the Services.

14. Other content

The Services may include hyperlinks to other web sites or content or resources. hive may have no control over any web sites or resources which are provided by companies or persons other than hive.

You acknowledge and agree that hive is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on or available from such web sites or resources.

You acknowledge and agree that hive is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such web sites or resources.

15. Changes to the Terms

hive may make changes to the Terms of service from time to time.

You understand and agree that if you use the Services after the date on which the terms have changed, hive will treat your use as acceptance updated terms.

May 5, 2011

Bring home the honey. hive

APPENDIX A: Privacy Statement

Privacy Statement: hive™

WHAT THIS PRIVACY POLICY COVERS
This privacy policy only applies to hive™

This policy does not apply to the practices of companies that hive does not own or control, or to people that hive does not employ or manage.

This policy covers how hive treats personal information that hive collects and receives, including information related to your past use of hive products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available.

INFORMATION COLLECTION AND USE
hive collects personal information when you register with hive. When you register we ask for information such as your name and email address. When you register with hive and sign in to our services, you are not anonymous to us.

hive automatically receives and records information from your computer and browser, including your IP address, hive cookie information, software and hardware attributes, and the page you request.

hive uses information for the following general purposes: to customize the advertising and content you see, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.

INFORMATION SHARING AND DISCLOSURE
hive does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:

We provide the information to trusted partners who work on behalf of or with hive under confidentiality agreements. These companies may use your personal information to help hive communicate with you about offers from hive and our marketing partners. However, these companies do not have any independent right to share this information.

We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.

We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of hive's terms of use, or as otherwise required by law.

We transfer information about you if hive is acquired by or merged with another company. In this event, hive will notify you before information about you is transferred and becomes subject to a different privacy policy.

Some versions of hive may displays targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet the targeting criteria—for example, women ages 18-24 from a particular geographic area.

hive does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.

hive works with vendors, partners, advertisers, and other service providers in different industries and categories of business.

COOKIES
hive may set and access hive cookies on your computer.

Some versions of hive may let other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to hive cookies.

YOUR ABILITY TO EDIT AND DELETE YOUR ACCOUNT INFORMATION AND PREFERENCES
You can edit your hive account information, at any time.

We reserve the right to send you certain communications relating to the hive service, such as push notifications, service announcements, administrative messages, and the hive newsletter, that are considered part of your hive account, without offering you the opportunity to opt out of receiving them.

CONFIDENTIALITY AND SECURITY
We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.

CHANGES TO THIS PRIVACY POLICY
hive may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your hive account or by placing a prominent notice on our site.

QUESTIONS AND SUGGESTIONS

We welcome your questions or suggestions. Please use the feedback button at http://www.hivehelp.com

Effective Date: May 5, 2011

Bring home the honey. hive
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