Terms and Conditions

Last updated: June 2022

 

These terms and conditions (the "Terms") constitute an agreement between you and Honor Technology, Inc. on behalf of itself and its affiliates ("Honor", “We,” “Our,” “Us”).  These terms of use (“Terms”) govern your (i) use and access of this website; (the “Site”); (ii) use and access of our technology and applications, including the Honor Family App and Honor Care Pro App (“Platform”); and (iii) use of any short code messaging services (described below).  

Please read the following Terms carefully. By using the Site or Platform, you agree to these Terms. If you do not agree, do not use the Site or Platform.

We may need to change these Terms or impose new conditions on the use of the Site or our Platform, from time to time, in which case we will post the revised Terms on the Site. Please check these Terms periodically to inform yourself of any changes. By continuing to use this Site and any of the Platform, you accept these Terms, including any modifications made as of the date of your use.

PLEASE BE ADVISED: THESE TERMS CONTAIN PROVISIONS THAT REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST HONOR TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION AS PROVIDED BELOW.

We also have a Privacy Policy, which you should read and may access by clicking on the following link: Privacy Policy

If you have any questions, complaints, or claims with respect to the subject of these terms, you may contact us in writing at Honor Technology, Inc., Attn: Legal, 13323 California Street, Omaha, NE 68154.

 

Copyright and Trademarks

This Site and the Platform contain material which is the property of Honor, and which is protected by United States and international copyright, trademark and other intellectual property laws.  All content posted on this Site or on our Platform is the sole and exclusive property of Honor. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way material from our Site or Platform, including code and software underlying our Site or Platform. Any unauthorized use of content terminates the foregoing license rights.

 

Third Party Vendor Access

Honor may permit third-party vendor access to the Site or Platform, for the purposes of collecting or analyzing data, such as website traffic or user data, in accordance with the  Privacy Policy.  Any third-party granted access to Site or Platform must only access, use, or disclose such data to the extent necessary to perform and administer services for Honor and must comply with the Privacy Policy, and the terms of any contract with Honor, as a condition of access.  Any third-party granted access to any portion of the Site or Platform is prohibited from selling such data or using such data for its own marketing, regardless of any statements or agreements to the contrary.  This provision shall survive termination of use or access with regard to all data accessed, used or disclosed as a result of a third-party’s access to the Site or Platform.  This provision will survive any discontinued use of the Site or Platform

 

Honor Alerts Terms of Service

Honor Alerts is the short-code alerts service (“Honor Alerts Service”) that is opted into by Honor Care Professionals (“Care Pro”) upon hire by a subsidiary of Honor Technology, Inc. for the purposes of emergency communications.

1. When a Care Pro opts-in to the short-code Honor Alerts Service, Honor will send the Care Pro an SMS message to confirm the Care Pro’s signup.

2. The Care Pro can cancel the Honor Alerts Service at any time, but they will no longer receive potentially critical emergency communications.

3. If a Care Pro reaches out to Honor asking how to unsubscribe or stop receiving messages from the Honor Alerts Service (in the process of quitting their job), Honor will inform the Care Pro to text "STOP" to 91889. Honor will inform the Care Pro that after they have sent the SMS message "STOP" to 91889, the Care Pro should receive an SMS message to confirm that the Care Pro has been unsubscribed.

4. If a Care Pro inquires about what keywords are supported, Honor will instruct them to text "HELP" to 91889 to receive keyword information by text message.

5.  Honor Alerts Service delivers messages to the following mobile phone carriers: AT&T, Verizon Wireless, Sprint, T-Mobile USA, Indigo Wireless, Aerialink, Altice Mobile, ASTAC, Atlantic Tele-Network International (ATNI), bandwidth.com (includes Republic Wireless), Blue Wireless, Brightlink, MetroPCS, United States Cellular Corp, Boost Mobile, Virgin Mobile, Alaska Communications Systems (ACS), East Kentucky Network (Appalachian Wireless), Bluegrass Cellular, Carolina West Wireless, Cellcom, C Spire Wireless (aka Cellular South), Cellular One of N.E. Arizona, Chariton Valley Cellular, Chat Mobility, Copper Valley Telecom, Cordova, Cross Wireless, Digital Communications Consulting, Duet Wireless, Enflick, GCI, Google Voice, Illinois Valley Cellular, Inland Cellular, Inteliquent, James Valley Cellular (JVC), Limitless Mobile, MTA Wireless/Matanuska Kenai, MTPCS Cellular One (Cellone Nation), Nemont CDMA, Nemont US UMTS, Nex-Tech Communications, Northwest Missouri Cellular, Panhandle Wireless, Pine Belt, Pine Cellular, Pioneer Cellular, Rural Independent Network Alliance (RINA), Shelcomm, SouthernLINC, Standing Rock Telecom, Telnyx, TextMe, Thumb Cellular, Truphone, Union Telephone, United Wireless, Viaero Wireless, and West Central Wireless (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***

6. If a Care Pro inquires about message and data rates for subscribing to the Honor Alerts Service, Honor will inform them that message and data rates may apply for any messages sent to the Care Pro from Honor, and vice versa, but for more details on the impact to their wireless plan, they should contact their wireless provider. For all questions about the Honor Alerts Service, the Care Pro can send an email to Honor Care Pro HR at careprohr@joinhonor.com or call 415-300-1347.

 

Account Registration

To use certain features of the Site or Platform, you may be required to download our application and/or create an account. You agree: (a) to provide true, accurate, current and complete information about yourself as prompted by Site or Platform;(b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete; and (c) that you are older than 13 years old. 

You agree not to: (i) select a username that, to your knowledge, is already used by another person; (ii) use a username in which another person has rights without such person’s authorization; or (iii) use a username or password that Honor in its sole discretion, deems offensive or inappropriate. Honor has no obligation to verify the authenticity of any registration information, but reserves the right to refuse to create your account, to suspend or terminate your account, and/or to refuse any future account use if we are unable to verify the authenticity of your registration information or have reasonable grounds to suspect that any information provided by you is untrue, inaccurate, not current or incomplete. 

You are responsible for maintaining the confidentiality of your account information and passwords in your control. Honor will have the right to rely upon any information received from any person using a password assigned to you and will incur no liability arising out of such reliance. Our use of any personally identifying information you provide to us as part of the registration process is governed by our Privacy Policy.

 

Limitations on Use

You may not, without express prior written permission, do any of the following while accessing or using the Site or Platform: (i) tamper with, or use non-public areas of the Site, Platform, or the computer or delivery systems of Honor and/or its affiliates, subsidiaries or service providers; (ii) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Site or Platform by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Honor (and only pursuant to those terms and conditions); (iv) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform; (v) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents; (vi) use the Site or Platform to send altered, deceptive, or false source-identifying information;(vi) post obscene or inappropriate material; (vii) transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Platform or any of Honor’s software, hardware or equipment; (viii) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age or sexual orientation; (ix) interfere with, or disrupt, (or attempt to do so), the Site, Platform or network, including, without limitation, by sending a virus to, spamming, or overloading the Site or Platform, or by scripted use of the Site or Platform in such a manner as to interfere with or create an undue burden on the Site or Platform; (x) impersonate any person or entity; (xi) violate any law, statute, rule, permit, ordinance or regulation; (xii) interact with the Platform in a fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal manner; (xiii) use the Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (xiv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Platform; or (xv) “frame” or “mirror” any part of the Platform or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose.

You must also comply with any applicable third party terms of agreement when using the Platform.

 

Termination

These Terms may be terminated by User, without cause, upon seven (7) days’ prior written notice to Honor.  In addition, Honor may cancel, suspend or terminate your right to use the Site or Platform or a portion thereof at any time without notice, where permitted by law and the terms of any client service agreement related to Honor's in-home care services. In the event of suspension, or termination, you are no longer authorized to access the part of the Site or Platform affected by such cancellation, suspension or termination. 

The limitations imposed on you with respect to use of data or materials accessed on the Site or Platform, and the disclaimers and limitations of liabilities set forth in these Terms, shall survive your discontinued use of the Site or Platform.  The agreement to Binding Arbitration Between You and Honor will survive any termination of theseTerms or use of the Site or Platform.

 

Disclaimers

THE SITE AND PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HONOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

HONOR DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE OR PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE OR PLATFORM, OR THE SERVERS THAT MAKE THE SITE AND PLATFORM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

Honor shall not be responsible for any loss, damage, liability or expense that may accompany or result from your use of or access to this Site or Platform.

 

Application End User Terms

This section applies to any version of the Platform applications that you acquire from the Apple App Store.  Under these Terms, you are granted a non-transferable license to use Honor’s applications on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that Honor’s applications may be accessed and used by other accounts associated with the yours via Family Sharing or volume purchasing.

These Terms are an agreement entered into between you and Honor. Apple, Inc. (“Apple”) is not a party to such agreement and shall have no obligations with respect to the Platform. Honor, not Apple, is solely responsible for the Platform, the content of the Platform, the Platform’s compliance with applicable law, and any maintenance and support services. In the event of any third party claim that the Platform or the your possession and use of the Platform infringes that third party’s intellectual property rights, Honor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 

However, Apple and Apple’s subsidiaries are third-party beneficiaries of this section of the Terms as well as all disclaimers and limitations of liability. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce the terms of this section against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, under which you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Terms, these Terms shall control.

As an “end-user,” you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 

 

Limitation of Liability

Under no circumstances shall Honor, its subsidiaries, affiliates, agents, employees, directors, shareholders, or officers be liable for any direct, indirect, incidental, special or consequential damages of any kind, including, without limitation, loss of business or profits, loss of data, computer viruses, technical, hardware or software failures, lost or unavailable network connections, or failed, incomplete, garbled or delayed transmissions, arising from your use or inability to use the Site or Platform, or the content, services, or hyperlinks made available on the Site or Platform even if we have been advised of the possibility of such damages. You specifically acknowledge and agree that Honor is not liable for any defamatory, offensive, pornographic, or illegal content posted to any Site or Platform or for the conduct of any third-party user of the Site or Platform. If you are dissatisfied with the Site or any Platform, or the content or services provided thereon or with these Terms, your sole and exclusive remedy is to discontinue using the Site and/or Platform. You agree to indemnify, defend and hold harmless Honor and its officers, directors, employees, agents, and shareholders from and against any and all injuries, damages, losses, liabilities, claims, judgments and settlements, including all reasonable costs, expenses and attorney’s fees arising from or related to any breach by you of these Terms or applicable law, your negligent or willful act or omission while using this Site or Platform, or your infringement of the intellectual property rights of Honor or any third party content provider of the Site or Platform.

 

Entire Agreement

These Terms set forth the entire understanding and agreement between you and Honor with respect to your use and access to the Site and Platform and supersedes all previous understandings and agreements between the parties, whether oral or written, in the event of any directly conflicting terms.  However, agreements outside the scope of the Agreement to Binding Arbitration Between You and Honor section below, will not be superseded by these Terms. Additionally, these Terms must be read in conjunction with any written agreements you may have with Honor, including but not limited to: (i) client service agreement related to Honor's in-home care services; (ii) Honor Care Network or Home Instead franchise service agreement with Honor Technology, Inc.; or (iii) employee offer letter, handbook, employee policies and procedures, and terms and conditions of employment.  

 

Agreement to Binding Arbitration Between You and Honor

 

Scope.

This section on Agreement to Binding Arbitration Between You and Honor will not apply to or supersede any existing arbitration agreement that Honor employees have voluntarily entered into, or other individuals have previously opted-in to, with Honor.

Optional Pre-Arbitration Negotiation.

In the event of any dispute, claim, question or disagreement arising from or relating to these Terms or the breach thereof, you and Honor may agree to attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days before initiating any arbitration or proceeding.  This time period may also be mutually extended by you and Honor. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must: (1) describe the nature and basis of the dispute, claim, question or disagreement; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

Agreement to Binding Arbitration.

YOU AND HONOR MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”); but if the FAA is inapplicable for any reason, then this Arbitration Agreement is governed by the laws of the State of Delaware, including Del. Code tit. 10, § 5701 et seq., without regard to choice of law principles. This Arbitration Agreement survives after the Agreement terminates or your relationship with Honor ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Honor, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. 

Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND HONOR. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: these Terms, the Site, use or access to the Platform, your communications and relationship with Honor via the Platform, claims arising out of any consumer protection or privacy law, and claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act of 1974 (except for individual claims for employee benefits under any benefit plan sponsored by Honor and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND HONOR ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

Class Action and Non-Individualized Relief Waiver

YOU UNDERSTAND AND AGREE THAT YOU AND HONOR MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND HONOR ARE BOTH WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST HONOR, WHICH ARE ADDRESSED SEPARATELY IN THE SECTION ON “REPRESENTATIVE PAGA WAIVER.”

The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the interpretation, applicability, or enforceability of the Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (i) the dispute is filed as a class, collective, or representative action; and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief); then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent possible.

Representative PAGA Waiver.

Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (i) you and Honor agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (ii) for any claim brought on a private attorney general basis, including under the California PAGA, both you and Honor agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). 

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. 

If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.

Rules Governing the Arbitration.

Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”). The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Unless you and We otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and We submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties.  Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties.

Arbitrator’s Decision.

The arbitrator will render a decision in accordance with the timeline specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the decision. The arbitrator may award declaratory or injunctive relief only in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim. The arbitrator’s award will be final and binding. The arbitrator may enter judgment on the arbitrator’s decision in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.

 Arbitration Fees and Awards.

The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:

  1. If Honor initiates arbitration under this Arbitration Agreement, Honor will pay all AAA filing and arbitration fees.
  2. If your claim for damages does not exceed $75,000, we will pay all filing and arbitration fees unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
  3. If you prevail in arbitration you may be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Honor will not seek, and hereby waive, all rights we may have under applicable law to recover attorneys’ fees and expenses if we prevail in arbitration unless the arbitrator has determined that the claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).

 Location and Manner of Arbitration.

Unless you and Honor agree otherwise, any arbitration hearings will be conducted in the county where you reside.  If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. Your right to a hearing will be determined by the AAA Rules.

Exceptions to Arbitration.

This Arbitration Agreement shall not require arbitration of the following types of claims: (i) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the Representative PAGA Waiver section above is deemed unenforceable for such action by a court of competent jurisdiction under applicable law not preempted by the FAA; (ii) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; (iii) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA; and (iv) individual claims of sexual assault or sexual harassment. Where these claims are brought in a court of competent jurisdiction, Honor will not require arbitration of those claims. Honor’s agreement not to require arbitration of these claims does not waive the enforceability of any other provision of this Arbitration Agreement (including without limitation the waiver of class actions or non-individualized relief), or of the enforceability of this Arbitration Agreement as to any other dispute, claim, or controversy.

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration. However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated your claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.

Opting Out of Arbitration for Future Claims.

If you have previously agreed to such an arbitration provision, you may opt-out of any revisions without affecting any previous, other or future arbitration agreements with Honor.  If you have not previously agreed to an arbitration provision, you may opt-out of this arbitration agreement in its entirety.

 To opt out, you must send your request in writing with the date, your name, residence address, email address or phone number associated with your account, signature and a clear statement that you want to opt out of this arbitration agreement to Honor Technology Inc., Attn: Legal 13323 California Street Omaha, Nebraska 68154.

 The opt out must be sent within 30 days of the date these terms become effective or your first use of the Site or Platform, whichever is later.  You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt-out of this Arbitration Agreement.

 

General Provisions

These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without reference to its conflicts of laws rules. You agree that any action of whatever nature arising from or relating to these Terms of Use, the Site, or Platform, to the extent arbitration is not legally available, will be filed only in the state or federal courts located in Delaware. You consent and submit to the personal jurisdiction of such courts for the purposes of any claim or action. 

Any provision of these Terms that is held to be invalid or unenforceable will be read consistent with lawful, enforceable statements that achieve, as much as possible, the same objectives as the prior provision.  deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these Terms shall continue in full force and effect. 

Neither these Terms, nor any terms contained herein, shall be construed as creating or constituting a partnership, joint venture or agency relationship between the parties.