Last Updated: November 9, 2021
BY CLICKING/CHECKING THE “I ACCEPT” BOX, USING THE PLATFORM IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR NAVIGATING ANY PART OF THE SITE, ALL USERS AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS, ORDER FORMS (IF APPLICABLE), AND POLICIES THAT MAY BE REFERENCED IN THIS AGREEMENT. HOPPS’S SERVICES ARENOT AVAILABLE TO ANY USERS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE.
The http://app.hopps.io/ and https://www.hopps.io websites are owned and operated by ARL Technologies, Inc. dba Hopps (“Hopps”). Please read these Terms of Service (“Terms” or “Agreement”) carefully before using this website (the “Website” or “Site”) or its mobile applications and any related platform and services offered by Hopps (collectively, the“Platform”). This Agreement sets forth the legally binding terms and conditions for your use of the Platform as a Customer or a Service Provider (each, a “User”).
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND ACLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH HOPPS. PLEASE READ IT CAREFULLY.
IF YOU CHOOSE TO AUTOMATICALLY REFILL YOUR ACCOUNT’S CREDITS THAT MAY BE USED IN CONNECTION WITH SESSIONS, THEN YOUR ACCOUNT WILL AUTOMATICALLY BE CHARGED EACH TIME YOU HAVE EXHAUSTED YOUR CREDITS FOR AN AMOUNT EQUAL TO EITHER THE AMOUNT OF CREDITS YOU PREVIOUSLY PURCHASED OR THE AMOUNTS NOTIFIED BY THE PLATFORM, UNLESS YOU CANCEL THE AUTOMATIC REFILL FEATURE IN ACCORDANCE WITH SECTION 9 BELOW.
If you have any questions, please refer to the “Contact Us” section.
For information about our data privacy practices, please review our www.hopps.io/legal/privacy. By accessing or using the Platform, you acknowledge that we may collect and use your information in accordance with the PrivacyPolicy.
2. Hopps Platform
Hopps provides a platform that allows endusers (each, a “Customer” and collectively, “Customers”) to be matched with subject matter experts (each, a “Service Provider” and collectively “Service Providers”)to start audio, video, chat, and screen-share collaborations and meetings(“Session”).
The Hopps Platform is designed as a venue to connect Customers and Service Providers. Hopps does not conduct background checks regarding any User and our internal verification process for any User is limited. Hopps is not a broker, agent, insurer, guarantor, or endorser of any Customer or Service Provider. Hopps makes no representations, warranties or guarantees regarding any content or information provided betweenUsers, including, without limitation, the accuracy, truth, or quality thereof, the identity, age, or nationality of any User. By using the Platform, you acknowledge and agree that Hopps is not responsible for and accept all risks related to any information, advice, or assistance provided by, or received from, theService Provider during a Session. Hopps and its officers, directors, agents, subsidiaries, joint ventures, employees, suppliers, licensors and representatives (collectively, Hopps’s “Affiliates”) are not responsible for any acts or omissions of Service Providers on the Platform.
YOU RELEASE HOPPS AND ITS AFFILIATES FROM ANY CLAIMS RELATED TO SERVICES OR ANY OTHER ENGAGEMENT TRANSACTED THROUGH THE PLATFORM, INCLUDING FOR NON-PERFORMANCE, DEFICIENT SERVICES, MISREPRESENTATIONS BY A SERVICE PROVIDER.
3. Information for Customers
If you are entering into this Agreement on behalf of an entity, you represent and warrant that: (i) you have full legal authority to bind the entity to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of the entity, to thisAgreement. If you do not have the legal authority to bind the entity to thisAgreement, please do not sign this Agreement.
Age. Hopps is available only to, and may only be used by, individuals who are 18 years of age and older, and who can form legally binding contracts under applicable law. By registering with the Platform, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. We have the sole discretion to refuse access to or use of the Site to any person or entity, and to change the eligibility criteria, in each case, at anytime. The foregoing is void where prohibited by law and the right to access Hopps is revoked in such jurisdictions.
Password. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree not to provide your username and password information in combination to any other party other than Hopps without our express written permission. You must immediately notify Hopps of any unauthorized use of your password or any breach of security.
Account Transfer. The access rights granted to you under this Agreement are non-transferable without our express written permission. You may not assign or otherwise transfer this Agreement to anyone, including any parent, subsidiaries, affiliated entities or third parties, without our prior written consent. Any attempted assignment or other transfer without such consent is void, and deemed to be a breach of thisAgreement. All of our rights and obligations under this Agreement are freely assignable by Hopps. The terms “assignment” and “transfer” includes (a) any sale or transfer of all or substantially all of your assets, (b) a merger, consolidation or reorganization, and (c) a change in ownership.
Right to Refuse Service. We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts.Further, we reserve the right to refuse service to anyone, for any reason, at any time.
By using the Platform, you give Hopps consent to record your Sessions, including any video, stills, pictures, audio and other audio-visual content related thereto, as well as your image, likeness, actions and voice, in any media, whether now known or hereafter devised(collectively, “Recordings”), and to securely store such recordings on our secure servers. You acknowledge and agree that, and hereby grant Hopps a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully-paid, sublicensable (through multiple tiers) and transferable right to collect and analyze Recordings in order to provide, improve and enhance the services and other offerings of Hopps, and (b) use and/or disclose such Recordings solely in aggregate or other de-identified form in connection with its business. In general, Recordings are not available toCustomers unless they have entered into a paid subscription agreement with Hopps.
5. Content, Material & Licenses
Hopps owns all legal right, title and interest in and to the Platform, including any intellectual property rights which are embodied in the Platform, whether those rights happen to be registered or not, and wherever those rights may exist. Hopps, and other Hopps’ graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Hopps in the U.S. and/or other countries. No User has any right to use any of Hopps’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features, and trade dress, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner.
Hopps hereby grants to Customer a limited nonexclusive, royalty free, irrevocable (except as provided herein), non-transferable, non-assignable right and license to access and use the Hopps Platform solely for Customer’s personal use and/or internal business purposes.
Customer hereby grants to Hopps a worldwide non-exclusive, royalty-free, irrevocable, perpetual, transferable, sublicensable (through multiple tiers) license to use any content, data, and materials including without limitation, images and videos, displayed, uploaded or supplied by Customer during a Session (collectively, “Customer Content”) (i)for the purpose of providing the services under this Agreement; (ii) to useCustomer Content on an aggregated and anonymized basis to provide, improve and support the Platform and Hopps’ products and services; and (iii) to discloseCustomer Content on an aggregated and anonymized basis. Customer shall retain all rights, title, and interest to Customer Content. For the avoidance of doubt, Customer Content does not include any Recordings.
6. User Obligations and Restrictions
Users will not, directly or indirectly:reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Platform or any software, documentation, or data related to the Platform; modify, translate, or create derivative works based on the Platform; use the Platform for time sharing or service bureau purposes or otherwise for the benefit of a third party; provide use of the Platform on a service bureau, rental or managed services basis or permit other individuals or entities to create Internet "links" to the Platform or"frame" or "mirror" any of the Platform on any other server, or wireless or Internet-based device; attempt to or circumvent Hopps when engaging any Service Providers or engage any Service Provider directly and/or outside the Hopps Platform; or remove any proprietary notices or labels.
Users represent, covenant, and warrant thatUser will use the Platform only in compliance with Hopps’s Terms of Service orPrivacy Policies then in effect (the “Policies”) and all applicable laws and regulations.
Users are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, accessor otherwise use the Platform, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, and the like(collectively, “Equipment”).
Users are also responsible for maintaining the security of the Equipment, User account, passwords (including but not limited to administrative and user passwords) and files, and for all uses ofUser account or the Equipment, with or without User’s knowledge or consent. For purposes of clarification, without limitation, User is responsible for all use of Platform through User’s account, even if User did not authorize a particular use.
Users are solely responsible for complying with all applicable laws, including but not limited to, laws regarding privacy, recording, and intellectual property. In addition, you must abide by our policies as stated in this Agreement and all other operating rules, policies and procedures that may be published from time to time on the Platform by Hopps, each of which is incorporated herein by reference and each of which maybe updated by Hopps from time to time.
User acknowledges and agrees that it is solely responsible for its conduct and activities on and regarding any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that the User posts and displays on these community spaces on the Platform.
7. User Code of Conduct
Your use of the Platform shall not:
(i) Be false, inaccurate or misleading.
(ii) Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
(iii) Violate this Agreement, any site policy, or any applicable law, statute, ordinance or regulation(including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
(iv) Be defamatory, discriminatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our staff or other Users), or falsely state or otherwise misrepresent your affiliation with any person through, for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
(v) Be obscene or contain child pornography.
(vi) Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
(vii) Host images not part of a listing.
(viii) Modify, adapt or hack thePlatform or modify another website so as to falsely imply that it is associated with Hopps.
(ix) Appear to create liability for Hopps or cause Hopps to lose (in whole or in part) the services of Hopps’s Service Providers or other suppliers.
(x) Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, other agreements hyperlinked herein, or other policy documents as posted on the Platform.
(xii) Reproduce, duplicate, copy, sell, trade or resell any of the services within the Platform for any purpose.
(xiii) Engage in activity that interferes with or disrupt the Platform (or the servers and networks which are connected to the Platform).
Definition. “Confidential Information”means non-public information provided by one party (“Discloser”) to the other(“Recipient”) that is designated as confidential or reasonably should be considered as such, excluding information that (i) is or becomes public through no fault of the Recipient, (ii) was known to Recipient before the disclosure,(iii) is disclosed to Recipient by a third party without violation of any confidentiality restrictions, or (iv) is independently developed by theRecipient without access to or use of the Discloser’s information. ConfidentialInformation includes, but is not limited to, the materials, information, documents and associated information that Customer discloses during a Session, contact information of a Service Provider.
Non-disclosure and Non-Use. The Recipient shall (i) only use the Confidential Information of the Discloser to exercise its rights and/or to perform services under this Agreement, (ii) use the same degree of care to prevent unauthorized use and disclosure of Discloser’sConfidential Information as it does for its own confidential information, but in no event less than reasonable care, and (iii) with respect to employees, contractors, or agents of Recipient, limit access to the Discloser’sConfidential Information only to those employees, contractors, or agents who have a need to access such Confidential Information and who are subject to confidentiality obligations at least as restrictive as those specified in thisSection. The Recipient may disclose the Discloser’s Confidential Information to the extent required by any court, governmental body, or law or regulation, provided that, if legally permissible, Recipient shall provide prompt written notice to the Discloser of such disclosure. Upon written request of theDiscloser, the Recipient shall return or destroy, at Discloser’s option, theDiscloser’s Confidential Information.
9. Fees, Taxes and Payments
Fees and Payments. You agree to pay all fees or charges to your Hopps account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Hopps with a valid credit card accepted by Hopps (“PaymentProvider”) as a condition for signing up for any Sessions. Hopps reserves the right at any time to changes it prices and billing methods either immediately upon posting on the Platform or be email delivery to you. Unless otherwise stated, all fees are quoted in United States Dollars (USD).
Your Payment Provider agreements governs your use of the designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing Hopps with your credit card number and associated payment information, you agree that Hopps is authorized to immediately invoice your account for all fees and charges due and payable to Hopps hereunder and that no additional notice or consent is required. Each Customer represents and warrants that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be truthful and accurate. You agree to immediately notify Hopps of any change in your billing address or the credit card used for payment hereunder. Providing any untruthful or inaccurate information is a breach of this Agreement and may result in termination of your ability to use the Platform. If determined to be necessary by Hopps, Hopps may also: (a) request additional information from you prior to accepting an order, (b) verify information prior to processing any order, or (c) refuse or cancel an order for any reason including inaccuracies, or errors in services or pricing information, or problems identified by us related to credit or fraud. Hopps may also request a pre-authorization for some orders placed online with a credit or debit card in the event Hopps determines it necessary to confirm the card details are still valid and that you have sufficient funds to complete the transaction. Such pre-authorized amount should not be billed to you but may be subject to your card issuer holding this amount for a short period. Your card issuer determines the length of time the pre-authorization is held.
Hopps Credits. You may purchase, with “real world” money, a license to use “virtual currency” or credits that may be redeemed towardSessions (Hopps “Credits”). Prior to the initiation of any Session, the prices and rates for the Session will be presented to the Customer for approval. Upon commencement of the Session, the Customer agrees that its Hopps account will be charged in accordance with the prices and rates displayed for such Session, and that Hopps may draw down on/debit any Credits held byCustomer in its Hopps account. PURCHASES AND REDEMPTIONS OF CREDITS MADE THROUGH THE PLATFORM ARE NON-REFUNDABLE UNLESS OTHERWISE STATED HEREIN. Hopps prohibits and does not recognize any purported transfers of Credits effectuated outside of the Platform. Accordingly, you may not trade, sell or attempt to sell Credits for ‘real’ money, or exchange those Credits for value of any kind outside of the Platform. Any such transfer or attempted transfer is prohibited and void, and will subject your account to termination.
Types of Credits. Hopps may, in its sole discretion, provide Customers with freeCredits (“Free Credits”) or Customers may purchase Credits (“Paid Credits”). Paid Credits do not expire. There are not dormancy or other fees applicable to Paid Credits. Paid Credits may only be redeemed towards the purchase of Sessions. Paid Credit balances are redeemable for cash (currency or check) for its cash value as required by applicable law. Hopps may establish expiration periods on Free Credits and Free Credits do not have any equivalent value to any U.S. dollar amount and may not be converted into U.S. dollars or any other currency.
AutomaticRefill of Credits. Hopps offers users the ability to automatically replenish/refill their Credits if they are exhausted during a Session. If a Customer chooses to refill their Credits during a Session, their Credits will automatically be refilled to either an amount equal to the amount of Credits the Customer originally paid for or, if stated on the Platform, the amount otherwise notified by the Platform (an “AutomaticRecharge”), and the Customer’s Payment Provider will be automatically charged at such time. Such Automatic Recharge will automatically refill a Customer’s Credits each time their Credits have been exhausted in accordance with the foregoing process for all subsequentSessions, unless a Customer opt-outs of such Automatic Recharge by [logging into and going to the “Cancel Automatic Recharge” page of the Customer’s account.] If you cancel the Automatic Recharge feature, you may use your Credits until they have been exhausted. In the event yourCredits have been exhausted during a Session and do not refill your Credits, your Session may be automatically terminated. By utilizing the AutomaticRecharge feature, you authorize Hopps to charge your Payment Provider at the time you opt-in to such feature, and again at the time your Credits have been exhausted.
Taxes. Customers are responsible for all applicable taxes. If Hopps is required under tax laws or regulations to report sales-related information you agree to provide such information to Hopps. If required in the applicable jurisdictions, Hopps reserves the right to collect any taxes from the Customer and pay such taxes to the relevant tax authority.
10. User Feedback
We consider any unsolicited suggestions, ideas, proposals or other material submitted to Hopps by Users (other than theUser Content and the tangible items sold on Hopps by Users) (collectively, the"Material") to be non-confidential and non-proprietary, and Hopps is not liable for the disclosure or use of such Material. If, at Hopps’s request, any member sends Material to improve the Platform (regardless of method), Hopps will also consider that Material to be non-confidential and non-proprietary and Hopps will not be liable for use or disclosure of the Material. Any communication by Users to Hopps is subject to this Agreement. Users hereby grant and agree to grant to Hopps, under all of such User’s rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without notice, compensation or accounting to the User and without further recourse by the User.
Customer shall not solicit or induce anyService Provider engaged in the provision of services to Customer to provide such services outside of the Hopps Platform. Hopps shall be entitled to injunctive or other equitable relief in order to enforce this provision.
12. Third Party Sites
Hopps is not responsible for the availability of outside websites or resources linked to or referenced on thePlatform. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Users agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Although Hopps attempts to maintain the integrity and accuracy of the information on the Platform, we make no guarantees as to its correctness, completeness, or accuracy. The Platform may contain typographical errors, inaccuracies, or other errors or omissions.Also, unauthorized additions, deletions, or alterations could be made to thePlatform by other Users or third parties without Hopps’s knowledge. If you believe that information found on the Platform is inaccurate or unauthorized, please inform Hopps by emailing us at firstname.lastname@example.org.
13. User Complaints
In the event a Customer has a problem with the quality of the services provided by a Service Provider, the Customer should immediately contact Hopp’s Customer Service and provide all the details of their complaint. After receiving the information you provided, Hopps will work with you to obtain any additional information we need to review your complaint. To the extent that Hopps attempts to resolve such disputes:(a) Hopps does so in good faith and based solely on its policies. Hopps will not make judgments regarding legal issues or claims, and (b) each affectedCustomer shall promptly respond (in any event within 3 calendar days) to all requests from Hopps as well as cooperate with Hopps with respect to any such dispute. In the event the dispute remains unresolved, Hopps will have the right, but not obligation, to step in and determine how the dispute should be resolved, including, without limitation, issuing a refund, providing services free of charge, reversing a sale or requiring the purchasing Customer to pay for the items in question.
14. Resolution of Disputes and Release
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, without regard to its conflict of law provisions.
In the event a dispute arises between aCustomer and Hopps, the Customer shall provide written notice to Hopps to assess the possibility of informal resolution. Absent such informal resolution, any dispute arising from or relating to the subject matter of thisAgreement or a User’s use of the Platform or relationship with Hopps shall be finally settled by binding arbitration in Los Angeles, California, using theEnglish language in accordance with the Arbitration Rules and Procedures ofJudicial Arbitration and Mediation Services, LLC. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with theComprehensive Arbitration Rules and Procedures of JAMS.
The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction only for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the federal or state courts located in the County of Los Angeles in the State ofCalifornia. Use of the Platform is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, unless expressly noted otherwise herein, including without limitation, this section.
Any arbitration under this Agreement will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to this Agreement, you and Hopps are each waiving the right to trial by jury or to participate in a class action or class arbitration. Class arbitrations, class actions, private attorney general actions, consolidation of your dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
Without limiting any other remedies, Hopps may, without notice, and without refunding any fees, delay or immediately remove Content, warn Hopps's community of a User's actions, issue a warning to a User, temporarily suspend a User, temporarily or indefinitely suspend aUser's account privileges, terminate a User's account, prohibit access to Hopps, and take technical and legal steps to keep a User off Hopps and refuse to provide services to a User if, not intended to be an exclusive list, any of the following apply:
(i) We suspect(by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a User has breached this Agreement, the PrivacyPolicy or other policy documents and community guidelines incorporated herein.
(ii) We are unable to verify or authenticate any of the User’s personal information or Content.
(iii) We believe that aUser is acting inconsistently with the letter or spirit of Hopps's policies, has engaged in improper or fraudulent activity in connection with the Platform or the actions may cause legal liability or financial loss to Hopps's Users or to Hopps itself.
17. No Warranty
HOPPS AND ITS AFFILIATES PROVIDE THE SITE"AS IS" and “AS AVAILABLE”, AND WITHOUT ANY WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. HOPPS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDANY OTHER WARRANTIES, WHETHER IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT HOPPS AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS; AND (ii) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY,SECURE OR FREE FROM ERROR, VIRUSES, OR OTHER HARMFUL MATERIALS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
18. Liability Limitation
HOPPS AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR: (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU,HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT OR REVENUES (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; AND (ii)ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO,LOSS OR DAMAGE AS A RESULT OF (a) ANY CHANGES WHICH WE MAY MAKE TO THE SITE, ORFOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE SITE (OR ANY SERVICES OFFERED THROUGH OR FEATURES WITHIN THE SITE), (b) 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 SITE, (c) YOUR FAILURE TO PROVIDE HOPPS WITH ACCURATE ACCOUNT INFORMATION, (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (e) YOUR USE OR MISUSE OF THE SITE,(f) ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, AND/OR (g) HYPERLINKS TO WEB SITES OR CONTENT OR RESOURCES PROVIDED BY COMPANIES OR PERSONS OTHER THAN HOPPS. THESE FOREGOING LIMITATIONS ON OUR LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. IN NO EVENT SHALL HOPPS’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS ($100) OR THE AMOUNT YOU PAID HOPPS IN THE PAST TWELVE (12)MONTHS.
YOU AGREE TO INDEMNIFY AND HOLD HOPPS ANDITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS,EMPLOYEES, AND SUPPLIERS, HARMLESS FROM AND AGAINST ALL DAMAGES, COSTS(INCLUDING, WITHOUT LIMITATION, SETTLEMENT COSTS), LOSSES, EXPENSES, AND LIABILITIES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) RELATING TO ANY CLAIM OR DEMAND ASSERTED BY ANY PARTY AGAINST HOPPS AND/OR ITS AFFILIATES ARISING FROM OR RELATED TO YOUR ACTIVITIES, USE, BREACH, VIOLATION,INFRINGEMENT OR ANY OTHER CONDUCT ON OR THROUGH THE SITE.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Severability. If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
No Employment or Agency. Hopps is not an employment service and does not serve as an employer of any Customer or ServiceProvider. Hopps is 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 any use of thePlatform. By using the Platform, Users understand and agree that, if Hopps is found to be liable for any tax or withholding tax in connection with your use of the Platform, then you will immediately reimburse and pay to Hopps an equivalent amount, including any interest or penalties thereon.
No Agency Relationship. No brokerage, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Without limiting the foregoing, except as expressly set forth herein, Hopps is not acting and does not act as an agent for any Customer, Service Provider, or any other visitor of the Platform.
Hopps Platform. Hopps reserves the right to modify, limit, suspend or terminate any and all parts of the Platform(or any feature thereof) for any reason, without notice, at any time.
Amendments. Hopps may amend this Agreement at any time, and from time to time, in our sole and absolute discretion, without any notice to you. You should regularly review this Agreement as posted on the Platform or the Site on this page to check for amendments. You understand and agree that if you use the Platform after the date on which these amendments have been applied to the Agreement, Hopps will treat your continued use of the Platform as acceptance of the updated terms. You may not amend this Agreement at any time without our prior written consent.
No Waiver. You agree that if Hopps does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which we have the benefit of under any applicable law), it shall not constitute a waiver of Hopps’s rights, and as such, those rights or remedies will still be available to Hopps. Nothing in this Agreement shall prevent Hopps from complying with the law and these terms do not confer any third party beneficiary rights.
Survival. Any provision of thisAgreement shall survive any termination or expiration of this Agreement to the extent required to enforce any rights or obligations accrued thereunder prior to or as a result of such termination.
Notices. Except as explicitly stated otherwise, any required notices to Hopps shall be sent via postal mail to[Hopps, Attn: Legal Department, 1601 Vine Street, Los Angeles, CA 90028 (“Legal Department”) and any required notices to Users (in the case of Hopps) shall be sent to the email address provided to Hopps. Notice sent by email shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Hopps may elect, at its own discretion, to deliver notice by certified mail, to the address you provided to Hopps. In such case, notice shall be deemed given 3 days after the date of mailing.
Disclosures. The services hereunder are offered by ARL Technologies, Inc. dba Hopps located at 1601 Vine Street, Los Angeles, CA 90028. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Notice for Users in California. This notice is for Users of the Site residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
Contact. If you have any questions about this Agreement, please contact us at email@example.com.