In all such cases, Users are acting as independent contractors and not as honeyjem.com’s or any other party’s employee, agent, franchisee or servant. Accordingly, you will be solely responsible for all costs incurred by you or your organization. You shall not hold yourself out as having authority to make contracts or promises on behalf of Honeyjem.com. Decisions regarding whether and when to sell Tutor Packages shall be made by the Tutor only. You agree and acknowledge that a Tutor may, in its sole discretion, discontinue, change or replace any of its Listings, or withdraw the Listings from the Website, without restriction under this Agreement.
Employment and Withholding.
The Services are not an employment service and Honey.com does not serve as an employer of any User unless separately subject to a signed, written employment contract. As such, Honeyjem.com will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Users’ services. You understand and agree that if Honeyjem.com is found to be liable for any tax or withholding tax in connection with your use of Users’ services, then you will immediately reimburse and pay to honeyjem.com an equivalent amount, including any interest or penalties thereon.
Without limitation, the Service may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Service facilitated through honeyjem.com without express written permission from honeyjem.com. You may not use the Service to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of honeyjem.com
Intellectual Property Rights.
Unless otherwise noted, all Content contained on this Website is the property of honeyjem.com and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. The service marks and trademarks of honeyjem.com, including without limitation honeyjem.com and the honeyjem.com logos are service marks owned by Peerprinter Inc. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
Notice and Take Down Procedures. If you believe that any materials on our Services infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” You declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of Users of this Website who are repeat infringers.
Limitation of Liability.
IN NO EVENT SHALL honeyjem.com BE LIABLE TO ANY TUTOR OR STUDENT OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE honeyjem.com’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, THE WEBSITE, THE CONTENT, OR ANY LISTING OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS, IF ANY, YOU PAID IN COMMISSIONS TO honeyjem.com FOR THE SERVICES IN THE THEN-PRIOR SIX MONTHS.
(c) Waiver of Class Action.
ANY CLAIMS BROUGHT BY YOU OR honeyjem.com MUST BE BROUGHT IN THAT PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
honeyjem.com expressly disclaims any liability or claims that may arise between Users of its Services. You are solely responsible for your interactions with all other users and any disputes that arise from those interactions with other Users. honeyjem.com may monitor disputes between Users, but is not obligated to monitor such disputes.
Because honeyjem.com is not responsible for or involved in any contact between Students, Parents and Tutors or in the assessment or provision of Tutor Packages, in the event that you have a dispute with one or more Users, you hereby release Honeyjem.com (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”