Terms of Use

Human Intel Institute Site Terms of Use

Last Updated June 12, 2024

These Site Terms of Use (“Terms”) are a binding contract between you and Human Intel Institute® (“HII”, “us,” “our,” or “we”) and, together with our Privacy Notice, govern your use of our website at humanintel.institute or our other online channels or by interacting with HII online in any manner (the “Site”). HII is a certifying body that exists to validate human ingenuity and protect human-created content. HII provides methods for a copyright or other holder (“Creator”) of intellectual property and other works (each a “Work”) to certify that their Work contains human-created content (each a “Certification”). The Site provides visitors with information about HII and Certifications we have issued.

IMPORTANT: These Terms do not govern your Certification. Please refer to the Certification Terms and Conditions for your respective Certification(s).

If you have any questions about these Terms or the Site, please contact info@humanintelproject.com.

Additional separate terms may apply to certain Services, and such additional terms will be considered a part of these Terms. THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND HII.

  1. Acceptance

You accept these Terms by accessing the Site or interacting with HII in any manner or by clicking to accept or agree to the Terms where this option is made available to you. Your use of the Site is subject to these Terms of Use, which remain in effect while you access the Site. You must be of legal age and capacity to form a binding contract to accept these Terms. By accepting these Terms, you also acknowledge that you have read and agree to our Privacy Notice. If you do not agree to these Terms, please do not access the Site.

2. The Site

On the Site you can learn about HII and Certifications for Works by Creators, register with HII and create an account, submit applications for Certification, and manage your information on file with us. You agree to: (i) use your account and the Site only for personal or internal business use for yourself or someone for whom you have permission; (ii) provide and maintain true, complete, and correct information related to your account; (iii) never use someone else’s account and never allow another person to use your account; and (iv) honor your service appointments. You are responsible for maintaining the confidentiality of your account login credentials.

Your login credentials are for your personal use only and you may not, under any circumstances, share, distribute, or otherwise make your login credentials available to anyone. You accept responsibility for all activity that occurs under your account. HII is not liable for any loss or damage arising out of your failure to maintain your account security. You agree to notify us immediately of any suspected theft, loss, or fraudulent use of your login credentials.   

3. Contents and Services Ownership

Unless otherwise expressly indicated, the Site, including without limitation all text, information, page headers, button icons, images, designs, data, graphics, slogans, photographs, written information, and other materials, as well as names, logos, taglines, trade dress, and other trademarks displayed on the Site, are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed by HII. The Site is protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary right laws and international conventions. The absence of a product name or logo from this list in no way constitutes a waiver of HII’s intellectual property rights. No material contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the express written agreement of HII. Improper use of trademarks displayed on the Site is strictly prohibited.

HII hereby grants you a limited, revocable, nontransferable, nonexclusive license to access, view and interact with the Site solely for your own personal or internal business use. This license does not permit you to commercialize the Site in any manner. The Site is licensed to you, not sold. Except for the express licenses granted herein, HII does not grant you any right, title, or interest in the Site. You agree to take such actions as HII may reasonably request to perfect HII’s rights to the Site. Without limiting the generality of the foregoing, you do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror the Site without the prior written permission of HII. Only a duly authorized officer of HII may grant permission or a license to use the Site or any component thereof. Any attempted grant or similar promise by anyone other than a duly authorized agent of HII is invalid.

HII’s registered and unregistered trademarks and trade dress, including the HII names, logos, taglines, trade dress, and other trademarks of HII (“Marks”), may not be copied, imitated, or used, whether in whole, partial, or modified form, without the prior written permission of HII. You may not use any meta tags or any other hidden text utilizing our Marks without HII’s prior written permission. Third-party trademarks and service marks used on the Site are the property of their respective owners, and we use them with their consent. HII and the other licensors of the marks on the Site reserve all rights with respect to all Contents and all intellectual property.

You may provide HII with certain communications, suggestions, comments, improvements, ideas, or other feedback related to the Site or our other services (“Feedback”). You hereby grant to HII all rights, titles, and interests in and to any Feedback. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Site any of the Feedback. By providing Feedback, you are representing that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.

4. Acceptable Use

By using the Site in any manner, you represent and warrant that (i) any information you submit to HII is truthful and accurate, (ii) you will maintain the accuracy of that information, and (iii) your use of the Site and its features does not violate any applicable law, rule, or regulation. Any information that you provide to us will also be subject to our Privacy Notice.

You may not use our Site for any purpose not expressly stated in these Terms, including in any way that might disparage HII. Any other use without the prior written permission of HII is strictly prohibited. The permissions described herein will terminate automatically if you breach any of these Terms. additionally, you understand and agree that you may not engage in any of the following Prohibited Acts:

You agree not to use any device, software, or routine to interfere or try to interfere with the proper working of, or any activity being conducted on, the Site and you further agree not to use or try to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents that we make available on the Site and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

5. Your Content

You may have the opportunity to publish, transmit, submit, or otherwise post Feedback, comments, photos, or other materials via your account or otherwise on or through the Site (collectively, “Your Content”) that may be accessible or viewable by the public or others. With respect to Your Content posted to the Site, you represent that (i) you created and own the rights to Your Content, or you own or have the necessary licenses, rights, consents, and permissions to use and authorize HII to use all patent, trademark, trade secret, copyright or other proprietary rights in and to Your Content to enable inclusion thereof in the manner contemplated by these Terms; and (ii) Your Content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks, rights of publicity or privacy rights) or violate any applicable laws, rules or regulations, these Terms, or any of our other posted policies.

Your Content must not:

You are solely responsible for the consequences of posting Your Content online.

You hereby grant HII a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content in any media for any lawful purpose. HII DOES NOT ENDORSE YOUR CONTENT, AND HII EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH YOUR CONTENT. HII does not permit copyright infringing activities and infringement of intellectual property rights on the Site. HII reserves the right to remove Your Content without prior notice.

6. Third-Party Services

Links between the Site and third-party websites, platforms, and other services (“Third-Party Services”) are provided solely for your convenience. HII is not responsible for the content of any Third-Party Services, nor do we make any representations about the content or accuracy of material on any Third-Party Services. The inclusion of any Third-Party Services on our Site does not imply HII’s approval or endorsement of such Third-Party Services. If you navigate to a Third-Party Service, you do so at your own risk and you will be subject to the Third-Party Service’s privacy policies and practices and not ours. Any concerns regarding any such Third-Party Service, or any link thereto, should be directed to the Third-Party Service’s owner or operator.

7. Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HII MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, NOR DOES HII REPRESENT OR WARRANT THAT THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. HII DOES NOT GUARANTEE THAT THE SITE, CONTENT OR MATERIALS CONTAINED THEREIN WILL BE AVAILABLE AT ALL TIMES OR AT ANY GIVEN TIME OR THAT HII WILL CONTINUE TO OFFER THE SAME FOR ANY PARTICULAR LENGTH OF TIME. HII HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. HII MAKES NO WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY OF ONLINE FEATURES. HII RESERVES THE RIGHT TO MODIFY OR DISCONTINUE THE SITE OR ANY FEATURE THEREOF WITHOUT NOTICE.

8. Limitation of Liability

IN NO EVENT WILL HII, OUR AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MANAGERS, OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, A CERTIFICATION, CERTIFICATION MARK, THE SITE, OR ANY CONTENTS OR FEATURES THEREOF, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100).

9. Indemnification

You agree to indemnify, defend (at our option), and hold harmless HII and its directors, officers, employees, and other indemnitees and their respective suppliers, licensors, and partners from and against any and all claims, losses, damages, liabilities, and expenses, including legal fees and expenses, resulting from or arising out of: (i) your violation of these Terms, including without limitation any false claims or inaccurate or incomplete information provided by you or in relation to your Work; (ii) your negligent, willful misconduct, fraud, or strict liability; (iii) your use, misuse and/or access of your Certification, the Certification Mark, or other Services; (iv) your violation of any applicable law; (v) any and all claims of infringement of third party rights related to your Work, Certification, use of the Certification Mark or use of the Site in any manner; and/or (vi) violation of the rights of any third party, or any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify HII, and you agree to cooperate with HII’s defense of these claims, at your sole cost and expense, and such amounts shall be paid to us on demand immediately in payable funds.

10. Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER, REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HII. You agree that any dispute between you and HII arising out of or relating to these Terms or your use of the Site (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

  1. Informal Dispute Resolution. We want to address your concerns without the necessity of a formal legal case. Before filing a claim against HII, you agree to try to resolve the Dispute informally by contacting info@humanintelproject.com. HII will contact you by email as part of a good faith effort to resolve the Dispute informally. If a Dispute is not resolved within 30 days after submission, you or HII may bring a formal proceeding.
  2. Arbitration Agreement. You and HII each agree to resolve any Disputes through final and binding arbitration administered by the Arbitration Service of Portland, Inc. (“ASP”) under its Procedural Rules. The arbitration will be held in Multnomah County, Oregon, United States, or any other location we agree to. The ASP rules will govern payment of all arbitration fees. Notwithstanding the foregoing, either you or HII may assert claims, if they qualify, in small claims court in Multnomah County, Oregon or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.Class Action Waiver. You may only resolve Disputes with HII on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.Limitation on Claims; Attorney Fees. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever. In the event of any dispute between the Parties concerning the terms and provisions of these Terms, we shall be entitled to collect from the other Party all costs incurred in such dispute, including reasonable attorneys’ fees, if we are the prevailing party.

11. DMCA/Copyright Takedown Notices

If you are a copyright owner or an authorized agent thereof and you wish to file a notice of infringement with HII, you may do so in writing via email to info@humanintelproject.com. Your notification must include at least the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HII to locate the material; (iv) information reasonably sufficient to permit HII to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You are advised to contact an attorney before sending us a notice. Please note that depending on the laws of the applicable jurisdiction, a person may be subject to liability if they knowingly materially misrepresent that material or activity is infringing.

12. General

  1. Relationship of Parties. The parties’ relationship, as established by these Terms, is solely that of independent contractors. These Terms do not create any partnership, joint venture, or similar business relationship between the parties. Neither party is a legal representative of the other party, and neither party can direct and control the day-to-day activities of the other, or assume or create any obligation, representation, warranty, or guarantee, express or implied, on behalf of the other party for any purpose whatsoever.
  2. Entire Agreement. These Terms, including and together with any related policies, guidelines, agreements, or rules that we may incorporate from time to time, constitutes the entire agreement between you and us with respect to the subject matter herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. If these Terms are inconsistent with any other written policies, terms, and agreements relating to any Service, the written guidelines, policy, terms, and agreements relating to the specific Service will govern.  Nothing in these Terms will be deemed to confer any third-party rights or benefits.
  3. Amendments. HII may amend these Terms from time to time by posting an updated version of the Terms on HII’s website, as evidenced by revising the “Last Updated” date noted at the top of the posting. The then-current version of these Terms shall apply to any and all Certifications you hold and each time you access or use the Site.
  4. Governing Law. These Terms will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of Oregon, without reference to its choice of law rules. To the extent that the arbitration agreement herein is not enforceable, each party hereby irrevocably consents to the exclusive jurisdiction and venue of the federal, state, and local courts in Multnomah County, Oregon for resolution of any lawsuit or court proceeding permitted under these Terms.
  5. Geographic Restrictions. HII is owned and operated in the United States. We make no claims that the Site or any other products or services or their content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
  6. Void Where Prohibited. By using the Site in any manner, you warrant and represent, for our reliance and that of our agents and employees and affiliates, that you have checked the laws of the country or state (or other applicable jurisdiction) from which you access the Site, and that such activities are not prohibited or restricted by the applicable law. You access and use the Site at your own risk and acknowledge that we do not make any warranty regarding compliance under the laws of your country or jurisdiction of the Site, and that no representative of ours has authority to make such a warranty.
  7. Waiver; Severability. HII’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Except as expressly set forth herein, the exercise by either Party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
  8. Enforcement. HII reserves the right (but is not required) to remove or disable your access to the Site, revoke your Certification(s), or remove any content, Certification, or data from the Site any time and without notice, and at our sole discretion, if we determine that your use of the Site is in any way objectionable or in violation of these Terms. Certain violations of these Terms, as determined by HII, may result in immediate termination of your access to the Site without prior notice to you. We have the right to investigate violations of these Terms and any conduct that affects the Site, and in response may take any action we may deem appropriate. Our rights and remedies provided in these Terms are cumulative and not exclusive, and the exercise by us of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between you and us or otherwise.
  9. Assignment. We may assign these Terms, in whole or in part, to any person or entity at any time without your consent. You may not assign these Terms without our prior written consent, and any unauthorized assignment by you shall be automatically null and void. No assignment, transfer, delegation, or subcontract shall relieve you of any of your obligations hereunder. These Terms are binding on and inures to the benefit of your and our respective permitted successors and assigns.
  10. Notices. Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given (i) via email; or (ii) by posting to the Site. For notices made by email, the date of receipt on the message will be deemed the date on which such notice is transmitted.
  11. Force Majeure. Neither party will be liable for or considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond its reasonable control, so long as that party uses all commercially reasonable efforts to avoid or remove the causes of non-performance.
  12. Termination. Except for any termination of your selected Services under Section 9(c), these Terms shall commence upon your acceptance of these Terms remain in full force and effect as long as you hold a Certification or use the Site in any manner, unless earlier terminated by HII at any time or for any reason (the “Term”). Upon termination of these Terms, you lose the right to access or use your Certification and all of the Site. The proprietary rights, disclaimer of warranties, representations made by you, limitations of liability, and general provisions shall survive any termination of these Terms.
  13. Electronic Signature and Records. By accessing the Site, registering for or using the Site, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you consent to (i) HII communicating with you electronically; (ii) receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from us electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. We will use electronic documents for all communications, notices, agreements, disclosures, authorizations, and other documents necessary to provide you with the Site. 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. You must have a computer or other web-enabled device, an internet connection, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic records from us, please contact us at info@humanintelproject.com. Agreements and transactions executed prior to this request will remain valid and enforceable.

13. TERMINATION
Unless terminated earlier in accordance with the terms of these Terms, these Terms will commence on the date you first access the Site and shall continue while you use the Site in any manner. You may terminate these Terms at any time by discontinuing all use of the Site and deleting all contents thereof from your device and records. HII may terminate these Terms at any time with or without notice at our sole discretion. Upon termination of these Terms (i) the rights and licenses granted to you herein shall terminate as to the terminated rights; (ii) you shall cease all use of the Site that have been terminated; and (iii) HII may at its own discretion remove and/or purge data, Your Content, account information, and any other information obtained by us in connection with providing the Site. We reserve the right to disable any username, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. Termination will not limit any of HII’s rights or remedies at law or in equity. All provisions in these Terms which by their nature should continue following termination shall survive termination of the Terms.