1. Acceptance of Terms
These Terms of Service (the “Terms”) are a legal agreement between you and Comb Works (“we,” “us,” or “our”) governing your access to and use of ad-hive.com (the “Site”) and any related services we provide (collectively, the “Services”). By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Site.
We may update these Terms from time to time. The “Effective Date” at the top of this document reflects the most recent revision. Your continued use of the Site after changes are posted constitutes your acceptance of the updated Terms.
2. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Site. By using the Site, you represent and warrant that you meet this requirement and that you have the legal authority to enter into these Terms, either on your own behalf or on behalf of an entity you represent.
3. About the Site
The Site is a marketing and informational property. It provides information about our services, allows you to contact us, and offers email subscription options. We do not sell products or process transactions directly through the Site. Any business relationship arising from your use of the Site will be governed by a separate written agreement between you and us.
4. Use of the Site
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Site in any way that violates any applicable federal, state, local, or international law or regulation.
- Access or attempt to access any portion of the Site that you are not authorized to access, or use automated means (including bots, scrapers, or crawlers) to access or harvest information from the Site without our express written permission.
- Interfere with, disrupt, or attempt to gain unauthorized access to any part of the Site, the servers on which the Site is hosted, or any related networks or systems.
- Introduce viruses, malware, or any other code or material that is malicious or technologically harmful.
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
- Use the Site to send unsolicited commercial communications, spam, or chain communications.
- Reverse engineer, decompile, or attempt to derive the source code of any portion of the Site, except to the extent applicable law expressly permits it.
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Site.
5. Intellectual Property
5.1 Our Content
All content on the Site, including text, graphics, logos, images, video, audio, software, code, and the selection and arrangement of the foregoing (collectively, the “Content”), is owned by or licensed to Comb Works and is protected by United States and international copyright, trademark, and other intellectual property laws.
5.2 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal or internal business purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content from the Site, except as expressly permitted in writing by us.
5.3 Trademarks
“ad-hive,” the ad-hive.com name, logo, and any related marks are trademarks of Comb Works. You may not use these marks without our prior written permission. All other trademarks appearing on the Site are the property of their respective owners.
6. Submissions and User Communications
When you submit information through forms on the Site (such as contact forms, inquiry forms, or other communications), you agree that:
- The information you provide is accurate, current, and complete to the best of your knowledge.
- You have the legal right to share the information.
- You grant us a perpetual, worldwide, royalty-free license to use the information for the purpose of responding to your inquiry, providing the Services, and improving the Site, subject to our Privacy Policy.
- Any feedback, suggestions, or ideas you submit may be used by us without restriction or obligation to compensate you.
7. Email Subscriptions and Marketing Communications
If you subscribe to our newsletter or otherwise opt in to receive marketing communications, you consent to receive emails from us regarding our services, updates, and related content. You may unsubscribe at any time by clicking the “unsubscribe” link in any of our marketing emails or by contacting us at privacy@ad-hive.com. We will process your opt-out request promptly in accordance with the CAN-SPAM Act and applicable state laws.
8. Third-Party Links and Services
The Site may contain links to third-party websites, services, or resources that are not owned or controlled by us. We provide these links for your convenience only. We do not endorse and are not responsible for the content, privacy practices, or operation of any third-party site or service. Your interactions with third parties are solely between you and them.
9. Disclaimers
THE SITE AND ALL CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Without limiting the foregoing, we do not warrant that:
- The Site will be uninterrupted, secure, or error-free.
- Defects will be corrected.
- The Site or the servers that make it available are free of viruses or other harmful components.
- The information on the Site is accurate, reliable, complete, or current.
Any information or material on the Site is provided for general informational purposes only. It does not constitute legal, financial, tax, or professional advice, and you should not rely on it as such. You assume all risk associated with your use of the Site.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Comb Works, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless Comb Works, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Site, (b) your violation of these Terms, (c) your violation of any third-party right, including any intellectual property or privacy right, or (d) any content or information you submit to or through the Site.
12. Termination
We reserve the right, in our sole discretion, to suspend or terminate your access to the Site at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Site will immediately cease. The provisions of these Terms that by their nature should survive termination (including, without limitation, Sections 5, 9, 10, 11, 13, and 14) will survive.
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Colorado, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
13.2 Informal Resolution
Before filing any claim against us, you agree to first attempt to resolve the dispute informally by contacting us at privacy@ad-hive.com. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If we cannot resolve the dispute within that period, either party may proceed with formal dispute resolution as described below.
13.3 Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE WAYS IN WHICH WE MAY SEEK RELIEF FROM EACH OTHER.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Site that cannot be resolved informally shall be settled by binding arbitration administered by JAMS in accordance with its applicable rules, and judgment on the arbitration award may be entered in any court of competent jurisdiction. The arbitration shall take place in City and County of Denver, Colorado, or, at your election, by telephone or videoconference. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.
13.4 Class Action Waiver
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 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.
13.5 Exceptions
Notwithstanding the foregoing, either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction for claims related to intellectual property infringement, unauthorized access, or misuse of the Site.
13.6 Venue for Non-Arbitrable Claims
For any claim not subject to arbitration, you agree to the exclusive jurisdiction and venue of the state and federal courts located in City and County of Denver, Colorado.
14. General Provisions
14.1 Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices we publish on the Site, constitute the entire agreement between you and us with respect to the Site and supersede any prior agreements.
14.2 Severability
If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
14.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. Any waiver must be in writing and signed by us.
14.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms freely. Any attempted assignment in violation of this section is void.
14.5 Notices
We may provide notices to you by email or by posting them on the Site. You may provide notices to us at the contact information below.
14.6 Headings
Section headings in these Terms are for convenience only and have no legal or contractual effect.
15. Contact Us
If you have any questions about these Terms, please contact us at:
Comb Works
Email: privacy@ad-hive.com
Mailing Address: 2322 Central Park Blvd, Denver, CO 80238