LAST UPDATED: August 25, 2023
HOPSCOTCH INTERACTIVE TERMS OF USE
INTRO
Welcome to the Hopscotch Interactive LLC website (“Site”). Please read our following Hopscotch (“us”, “our”, “we” or “Hopscotch”) terms and conditions (the “Terms of Use”) carefully before using the Site. By accessing the Site, you agree to be bound by these Terms of Use. We recommend that you keep a printed copy of these Terms of Use for future reference.
These Terms of Use and the information provided herein in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. We shall have the right at any time and without prior notice, at our sole discretion, to revise these Terms of Use or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon posting the revised or additional terms and conditions. We will notify you of any material changes to these Terms of Use by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made, email you notice of such changes to the email address on file through your registration (if applicable) and by changing the "Last Updated" date at the top of this webpage. You are responsible for reviewing the Terms of Use periodically for any modification that may affect your rights or obligations. You agree that you shall be deemed to be apprised of and bound by any modification to these Terms of Use. Any access or use of the Site by you after revisions or additions to these Terms of Use shall constitute and be deemed to be your acceptance of such revisions or additions. Additionally, please read our Privacy Policy which also governs your use of this Site.
You acknowledge you understand that these Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to me in the event of a dispute as described in the Hopscotch Arbitration Clause as contained herein.
IN ADDITION, WHEN USING PARTICULAR SERVICES OR FEATURES, YOU SHALL BE SUBJECT TO ANY POSTED GUIDELINES OR POLICIES APPLICABLE TO SUCH SERVICES, FEATURES OR PURCHASES THAT MAY BE POSTED FROM TIME TO TIME. THE PRIVACY POLICY AND ALL SUCH GUIDELINES, WAIVERS OR POLICIES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE.
A SPECIAL NOTE ABOUT CHILDREN: This Site is not designed or intended for use by children under 13, although the Site may offer children’s products for purchase by adults. If you are under 18, you should use the Site only with involvement of a parent or guardian. Children under 13 may not submit any personally identifiable information to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it immediately.
ACCOUNT
When you open an account to use or access certain portions of the Site or the Services, you must provide complete and accurate information as requested on the registration form (“Account”). You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify Hopscotch immediately of any unauthorized use of your Account, username or password. Hopscotch shall not be liable for any losses you incur as a result of someone else's use of your Account or password, either with or without your knowledge. You may be held liable for any losses incurred by Hopscotch, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your Account or password.
In connection with the use of certain Hopscotch products or services, you may be asked to provide personal information in application form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant Hopscotch a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the Service. You may revoke this license and terminate rights held by Hopscotch at any time by removing your personal information from the Service.
TRADEMARKS & COPYRIGHT
All services, data, text, images, logos, photographs, advertisements, graphics, press releases, audio, video, documents, trademarks, copyrights and other information and content available on or through the Site (“Content”), is the property of Hopscotch or its licensors. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by Hopscotch, and you acknowledge and agree that we retain all right, title and interest in and to the Content.
Hopscotch hereby grants you permission to view the Content on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Content not be altered or removed, (ii) the Content are not used on any other website or in a networked computer environment and (iii) the Content are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any printed Content. Any unauthorized use of any Content contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
Except as expressly authorized by these Terms of Use or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the aforementioned copyright or trademark materials in any form or by any means, without the prior written authorization of Hopscotch or the respective copyright/trademark owner. Modification or use of the Content except as expressly provided in these Terms of Use violates Hopscotch’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.
You agree that you will not: (1) use the Content in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Content other than in accordance with the terms, conditions and restrictions herein; (2) take any other action that would jeopardize or impair Hopscotch’s rights as owner of the Content or the legality and/or enforceability of the Content, including, challenging or opposing Hopscotch’s ownership in the Content; (3) apply for trademark registration or renewal of trademark registration of any of the Content, any derivative of the Content, any combination of the Content and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Content; (4) use the Content on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Hopscotch takes no responsibility and assumes no liability for anything sent to us through the Site, or for any loss or damage resulting therefrom, nor is Hopscotch liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity or profanity you may encounter when using the Site. Your use of the Site is at your own risk. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. Hopscotch reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Hopscotch's sole discretion.
License to Use: Hopscotch grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the "Forms") for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.
USER RESPONSIBILITIES
The use of our Services in conjunction with other tools or resources in furtherance of any of the unacceptable uses described herein is also prohibited. You agree to strictly abide by the following:
a) You may not use the Services to commit an unlawful activity; use the Services for activities where use or failure of the Services could lead to physical damage, death, mental harm, or personal injury.
(b) You may not provide any person under the age of 13 with access to the Services.
(c) You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.
(d) You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
(e) Unless authorized by Hopscotch in writing, you may not probe, scan, or test the vulnerability or security of the Services or any Hopscotch system or network.
(f) Unless authorized by Hopscotch in writing, you may not use any automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.
(g) You may not deny others access to, or reverse engineer, the Services, or assist anyone else to do so, to the extent such restriction is permitted by law.
(h) You may not store or transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
(i) Unless authorized by Hopscotch in writing, you may not resell or lease any products purchased through the Services.
(j) You may not use the Services in a way that would subject Hopscotch to any industry-specific regulations without obtaining Hopscotch’s prior written agreement.
LINKED THIRD PARTY SITES
You may be able to link (through various methods including hyperlinks, clickable images or words, banners and widgets) from this Site to third-party websites, applications and services, and third-party websites may link to the Site (“Linked Sites”). Linked Sites are not operated, controlled or maintained by us, and you acknowledge and agree that we have no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not constitute an endorsement, approval or sponsorship thereof. We disclaim all responsibility for any viruses or malicious code that may appear on any Linked Sites, for the accuracy of any of the information they provide and for any goods or services provided by or purchased from such Linked Sites. If you rely on any Linked Site, you do so at your own risk and assume all resulting responsibilities and consequences. You should read the terms and conditions and privacy policies available on such Linked Sites. You should contact the applicable website administrator for the Linked Site if you have any concerns regarding such links or the content located on any such Linked Site.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools, “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
NON-CONFIDENTIAL INFORMATION
Except for information necessary to place an order, please do not post or send to us any confidential or proprietary information through this Site. Any information, materials, suggestions, ideas or comments sent to us or posted through the Site will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission. We shall have no obligation to display any submission, compensate you for submitting content, or respond to any submission.
ERRORS AND INACCURACIES
We always strive to provide complete, accurate, up-to-date information on our Site. Unfortunately, despite those efforts, human or technological errors may occur. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to service descriptions, pricing, availability and function, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your payment method charged, and to change or update information at any time without prior notice. If your selected payment method has been charged and we cancel your order, we will issue the credit back to your applicable payment method. Individual bank or other payment processing policies dictate when this amount is credited to your account.
RECURRING SUBSCRIPTIONS
Any required deposit is non-refundable, but you can cancel any booking placed through the Site with at least 24-hour notice prior to a scheduled booking. No refunds will be provided within 24 hours of a scheduled booking, but you may reschedule with an additional fee.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us or any scheduled services. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update billing and other information, including your email address and payment processing information, so that we can complete your transactions and contact you as needed.
ACCESS TO WORLD WIDE WEB
To use Hopscotch services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain Hopscotch Services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. You understand that Hopscotch is not responsible for delays, delivery failures, or other damage resulting from such problem.
FORCE MAJEURE
In case of force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate these Terms of Use.
Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include, but are not limited to, strikes, fire, acts of God, natural disaster, pandemic, epidemic, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the Site. In the case of a force majeure event, you are responsible for filing claims with the proper third-party entities.
LIMITATION OF LIABILITY AND DISCLAIMER
The following disclaimers are made on behalf of Hopscotch, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
All Site Content, including without limitation, any products, services, advice, recommendation or opinion, or other information provided on or through the Site is for informational and entertainment purposes only, and should not be construed to indicate that there is any representation or warranty by Hopscotch that the Content is reliable, accurate, timely, complete, effective or safe for your use. YOU ACKNOWLEDGE THAT RELIANCE ON ANY INFORMATION PROVIDED ON OR THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.
THE SITE AND ALL CONTENT OR PRODUCTS ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOPSCOTCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, HOPSCOTCH MAKES NO WARRANTY THAT: (A) THE SITE, WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE PRODUCTS OR SERVICES THAT MAY BE PURCHASED THROUGH THE SITE WILL BE RECEIVED TIMELY OR UP TO A SPECIFIC QUALITY STANDARD; OR (D) THE QUALITY OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, RELIANCE ON ANY PRODCTS AND ANY THIRD-PARTY SITE. HOPSCOTCH SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE OR ANY THIRD-PARTY SITE.
ANY PRODUCTS OR MATERIAL PURCHASED OR DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IF THE JURISDICTION YOU ARE IN DOES NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES, THEN SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN CIRCUMSTANCES.
IN NO EVENT WILL HOPSCOTCH, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “HOPSCOTCH” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SITE, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SITE, A PURCHASE OF GOODS OR SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold Hopscotch including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Site and participation in the Services, including: (1) your breach of these Terms of Use or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party as a result of your own interaction with such third party; (3) any use or activity related to the Services or your use of any purchased products; (4) any allegation that any materials that you submit to us or transmit through the Site or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and (5) any other activities in connection with the Site. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
TERMINATION
To the fullest extent permitted by applicable law, Hopscotch reserves the right, without notice and in our sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site, including where we reasonably consider that: (a) your use of the Site violates these Terms or applicable law; (b) you fraudulently use or misuse the Site; or (c) we are unable to continue providing the Site to you due to technical or legitimate business reasons. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of these Terms of Use, (iii) any policy or practice of Hopscotch in operating the Site, or (iv) any content or information transmitted through the Site, is to discontinue use of any and all parts of the Site.
SECURITY
Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences and prosecute any user(s) who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
GEOGRAPHICAL USE
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States of America. We currently do not allow purchases or the creation of Accounts outside of the United States. Furthermore, we make no claims that the Site 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.
ARBITRATION
In the event of any dispute, controversy or claim between the parties hereto arising out of or relating to these Terms, the parties shall first seek to resolve the dispute in good faith through informal discussion. You agree that before initiating any dispute or arbitration proceeding, the parties will attempt to negotiate an informal resolution of any dispute and then proceed with mediation.
The costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000, Hopscotch will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney's fees from Hopscotch to the same extent or more as you would in court. The arbitrator shall apply the same limitations period that would apply in court.
a) Hopscotch and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Hopscotch are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms of Use.
b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Hopscotch should be addressed to: Notice of Dispute, Hopscotch Labs LLC, 6525 Crown Blvd., #41494, San Jose, CA 95160 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Hopscotch and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Hopscotch may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Hopscotch or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Hopscotch is entitled.
You may download or copy a form to initiate arbitration from the American Arbitration Association (“the AAA”) website at www.adr.org.
c) After Hopscotch receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee, Hopscotch will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association, as modified by these Terms, for all claims under $75,000, and the applicable rules as determined by the AAA for all claims of or above $75,000, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms of Use. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless Hopscotch and you agree otherwise, any arbitration hearings will take place in the county of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Hopscotch was a party. Except as otherwise provided for herein, Hopscotch will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Hopscotch for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules.
d) For claims under $75,000, if, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Hopscotch's last written settlement offer made before an arbitrator was selected, then Hopscotch will:
e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws Hopscotch may have a right to an award of attorney's fees and expenses if it prevails in an arbitration proceeding, Hopscotch will not seek such an award for claims under $75,000.
f) The arbitrator may award 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 claim. You and Hopscotch agree that each may bring claims against the other only in your or its individual capacities and not as plaintiffs or class members in any purported class or representative proceeding or in the capacity of a private attorney general. Further, unless both you and Hopscotch agree otherwise, 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. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
GOVERNING LAW AND JURISDICTION
These Terms of Use, the Privacy Policy and any separate agreements whereby we provide you services shall be governed by the laws of the State of California. The parties agree exclusive jurisdiction shall be in Contra Costa County, California for any and all issues arising out of the Terms of Use or any related documents or transactions.
ELECTRONIC SIGNATURE AGREEMENT
By selecting the “I Accept” button or checkbox, you are agreeing to sign these Terms of Use electronically. You agree your electronic signature is the legal equivalent of its manual signature on these Terms of Use. By selecting “I Accept” you consent to be legally bound by these Terms’ terms and conditions. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Hopscotch instructions electronically, or making any acceptance of any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (herein after referred to as “E-Signature”), acceptance and agreement as if actually signed by you in writing. You further agree that no certification authority or other third-party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting these Terms of Use between Hopscotch and yourself.
Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, the Privacy Policy and any other policies or operating rules posted by us on this Site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party. In the event that any provision of these Terms of use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms of Use or your use of the Site. You may not assign the Terms of Use or any of your rights or obligations under the Terms without our express written consent. The Terms of Use inure to the benefit of our successors, assigns and licensees. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
HOPSCOTCH INTERACTIVE TERMS OF USE
INTRO
Welcome to the Hopscotch Interactive LLC website (“Site”). Please read our following Hopscotch (“us”, “our”, “we” or “Hopscotch”) terms and conditions (the “Terms of Use”) carefully before using the Site. By accessing the Site, you agree to be bound by these Terms of Use. We recommend that you keep a printed copy of these Terms of Use for future reference.
These Terms of Use and the information provided herein in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. We shall have the right at any time and without prior notice, at our sole discretion, to revise these Terms of Use or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon posting the revised or additional terms and conditions. We will notify you of any material changes to these Terms of Use by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made, email you notice of such changes to the email address on file through your registration (if applicable) and by changing the "Last Updated" date at the top of this webpage. You are responsible for reviewing the Terms of Use periodically for any modification that may affect your rights or obligations. You agree that you shall be deemed to be apprised of and bound by any modification to these Terms of Use. Any access or use of the Site by you after revisions or additions to these Terms of Use shall constitute and be deemed to be your acceptance of such revisions or additions. Additionally, please read our Privacy Policy which also governs your use of this Site.
You acknowledge you understand that these Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to me in the event of a dispute as described in the Hopscotch Arbitration Clause as contained herein.
IN ADDITION, WHEN USING PARTICULAR SERVICES OR FEATURES, YOU SHALL BE SUBJECT TO ANY POSTED GUIDELINES OR POLICIES APPLICABLE TO SUCH SERVICES, FEATURES OR PURCHASES THAT MAY BE POSTED FROM TIME TO TIME. THE PRIVACY POLICY AND ALL SUCH GUIDELINES, WAIVERS OR POLICIES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE.
A SPECIAL NOTE ABOUT CHILDREN: This Site is not designed or intended for use by children under 13, although the Site may offer children’s products for purchase by adults. If you are under 18, you should use the Site only with involvement of a parent or guardian. Children under 13 may not submit any personally identifiable information to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it immediately.
ACCOUNT
When you open an account to use or access certain portions of the Site or the Services, you must provide complete and accurate information as requested on the registration form (“Account”). You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify Hopscotch immediately of any unauthorized use of your Account, username or password. Hopscotch shall not be liable for any losses you incur as a result of someone else's use of your Account or password, either with or without your knowledge. You may be held liable for any losses incurred by Hopscotch, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your Account or password.
In connection with the use of certain Hopscotch products or services, you may be asked to provide personal information in application form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant Hopscotch a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the Service. You may revoke this license and terminate rights held by Hopscotch at any time by removing your personal information from the Service.
TRADEMARKS & COPYRIGHT
All services, data, text, images, logos, photographs, advertisements, graphics, press releases, audio, video, documents, trademarks, copyrights and other information and content available on or through the Site (“Content”), is the property of Hopscotch or its licensors. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by Hopscotch, and you acknowledge and agree that we retain all right, title and interest in and to the Content.
Hopscotch hereby grants you permission to view the Content on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Content not be altered or removed, (ii) the Content are not used on any other website or in a networked computer environment and (iii) the Content are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any printed Content. Any unauthorized use of any Content contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
Except as expressly authorized by these Terms of Use or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the aforementioned copyright or trademark materials in any form or by any means, without the prior written authorization of Hopscotch or the respective copyright/trademark owner. Modification or use of the Content except as expressly provided in these Terms of Use violates Hopscotch’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.
You agree that you will not: (1) use the Content in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Content other than in accordance with the terms, conditions and restrictions herein; (2) take any other action that would jeopardize or impair Hopscotch’s rights as owner of the Content or the legality and/or enforceability of the Content, including, challenging or opposing Hopscotch’s ownership in the Content; (3) apply for trademark registration or renewal of trademark registration of any of the Content, any derivative of the Content, any combination of the Content and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Content; (4) use the Content on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Hopscotch takes no responsibility and assumes no liability for anything sent to us through the Site, or for any loss or damage resulting therefrom, nor is Hopscotch liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity or profanity you may encounter when using the Site. Your use of the Site is at your own risk. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. Hopscotch reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Hopscotch's sole discretion.
License to Use: Hopscotch grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the "Forms") for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.
USER RESPONSIBILITIES
The use of our Services in conjunction with other tools or resources in furtherance of any of the unacceptable uses described herein is also prohibited. You agree to strictly abide by the following:
a) You may not use the Services to commit an unlawful activity; use the Services for activities where use or failure of the Services could lead to physical damage, death, mental harm, or personal injury.
(b) You may not provide any person under the age of 13 with access to the Services.
(c) You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.
(d) You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
(e) Unless authorized by Hopscotch in writing, you may not probe, scan, or test the vulnerability or security of the Services or any Hopscotch system or network.
(f) Unless authorized by Hopscotch in writing, you may not use any automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.
(g) You may not deny others access to, or reverse engineer, the Services, or assist anyone else to do so, to the extent such restriction is permitted by law.
(h) You may not store or transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
(i) Unless authorized by Hopscotch in writing, you may not resell or lease any products purchased through the Services.
(j) You may not use the Services in a way that would subject Hopscotch to any industry-specific regulations without obtaining Hopscotch’s prior written agreement.
LINKED THIRD PARTY SITES
You may be able to link (through various methods including hyperlinks, clickable images or words, banners and widgets) from this Site to third-party websites, applications and services, and third-party websites may link to the Site (“Linked Sites”). Linked Sites are not operated, controlled or maintained by us, and you acknowledge and agree that we have no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not constitute an endorsement, approval or sponsorship thereof. We disclaim all responsibility for any viruses or malicious code that may appear on any Linked Sites, for the accuracy of any of the information they provide and for any goods or services provided by or purchased from such Linked Sites. If you rely on any Linked Site, you do so at your own risk and assume all resulting responsibilities and consequences. You should read the terms and conditions and privacy policies available on such Linked Sites. You should contact the applicable website administrator for the Linked Site if you have any concerns regarding such links or the content located on any such Linked Site.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools, “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
NON-CONFIDENTIAL INFORMATION
Except for information necessary to place an order, please do not post or send to us any confidential or proprietary information through this Site. Any information, materials, suggestions, ideas or comments sent to us or posted through the Site will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission. We shall have no obligation to display any submission, compensate you for submitting content, or respond to any submission.
ERRORS AND INACCURACIES
We always strive to provide complete, accurate, up-to-date information on our Site. Unfortunately, despite those efforts, human or technological errors may occur. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to service descriptions, pricing, availability and function, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your payment method charged, and to change or update information at any time without prior notice. If your selected payment method has been charged and we cancel your order, we will issue the credit back to your applicable payment method. Individual bank or other payment processing policies dictate when this amount is credited to your account.
RECURRING SUBSCRIPTIONS
- Automatic Renewal Plan. By purchasing a recurring subscription Service in the amount and frequency referenced at checkout, you will continue to be charged the same amount for each installment until you cancel your subscription. You can always cancel your subscription preferences from your Account page on the Site. The term of your subscription is continuous and will only terminate if you cancel or in the event Hopscotch ceases to provide such Services.
- Cancellation Policy. Your subscription may be cancelled at any time via our Site through your Account. If we do not receive notice at least 72 hours prior to a billing cycle, you will be charged and a refund will not be provided.
- Recurring Charges. You will be charged the same amount for each annual renewal that is generated from your subscription unless configuration changes are made to the subscription, or you cancel said subscription.
Any required deposit is non-refundable, but you can cancel any booking placed through the Site with at least 24-hour notice prior to a scheduled booking. No refunds will be provided within 24 hours of a scheduled booking, but you may reschedule with an additional fee.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us or any scheduled services. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update billing and other information, including your email address and payment processing information, so that we can complete your transactions and contact you as needed.
ACCESS TO WORLD WIDE WEB
To use Hopscotch services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain Hopscotch Services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. You understand that Hopscotch is not responsible for delays, delivery failures, or other damage resulting from such problem.
FORCE MAJEURE
In case of force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate these Terms of Use.
Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include, but are not limited to, strikes, fire, acts of God, natural disaster, pandemic, epidemic, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the Site. In the case of a force majeure event, you are responsible for filing claims with the proper third-party entities.
LIMITATION OF LIABILITY AND DISCLAIMER
The following disclaimers are made on behalf of Hopscotch, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
All Site Content, including without limitation, any products, services, advice, recommendation or opinion, or other information provided on or through the Site is for informational and entertainment purposes only, and should not be construed to indicate that there is any representation or warranty by Hopscotch that the Content is reliable, accurate, timely, complete, effective or safe for your use. YOU ACKNOWLEDGE THAT RELIANCE ON ANY INFORMATION PROVIDED ON OR THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.
THE SITE AND ALL CONTENT OR PRODUCTS ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOPSCOTCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, HOPSCOTCH MAKES NO WARRANTY THAT: (A) THE SITE, WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE PRODUCTS OR SERVICES THAT MAY BE PURCHASED THROUGH THE SITE WILL BE RECEIVED TIMELY OR UP TO A SPECIFIC QUALITY STANDARD; OR (D) THE QUALITY OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, RELIANCE ON ANY PRODCTS AND ANY THIRD-PARTY SITE. HOPSCOTCH SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE OR ANY THIRD-PARTY SITE.
ANY PRODUCTS OR MATERIAL PURCHASED OR DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IF THE JURISDICTION YOU ARE IN DOES NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES, THEN SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN CIRCUMSTANCES.
IN NO EVENT WILL HOPSCOTCH, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “HOPSCOTCH” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SITE, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SITE, A PURCHASE OF GOODS OR SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold Hopscotch including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Site and participation in the Services, including: (1) your breach of these Terms of Use or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party as a result of your own interaction with such third party; (3) any use or activity related to the Services or your use of any purchased products; (4) any allegation that any materials that you submit to us or transmit through the Site or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and (5) any other activities in connection with the Site. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
TERMINATION
To the fullest extent permitted by applicable law, Hopscotch reserves the right, without notice and in our sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site, including where we reasonably consider that: (a) your use of the Site violates these Terms or applicable law; (b) you fraudulently use or misuse the Site; or (c) we are unable to continue providing the Site to you due to technical or legitimate business reasons. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of these Terms of Use, (iii) any policy or practice of Hopscotch in operating the Site, or (iv) any content or information transmitted through the Site, is to discontinue use of any and all parts of the Site.
SECURITY
Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences and prosecute any user(s) who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
- Accessing data not intended for you or logging on to a server or account, which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
- Attempting to interfere or interfering with the operation of the Site, our provision of services to any other visitors to the Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site; and
- Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission to the Site.
GEOGRAPHICAL USE
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States of America. We currently do not allow purchases or the creation of Accounts outside of the United States. Furthermore, we make no claims that the Site 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.
ARBITRATION
In the event of any dispute, controversy or claim between the parties hereto arising out of or relating to these Terms, the parties shall first seek to resolve the dispute in good faith through informal discussion. You agree that before initiating any dispute or arbitration proceeding, the parties will attempt to negotiate an informal resolution of any dispute and then proceed with mediation.
The costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000, Hopscotch will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney's fees from Hopscotch to the same extent or more as you would in court. The arbitrator shall apply the same limitations period that would apply in court.
a) Hopscotch and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- claims that arose before these or any prior Terms of Use (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of these Terms of Use.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Hopscotch are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms of Use.
b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Hopscotch should be addressed to: Notice of Dispute, Hopscotch Labs LLC, 6525 Crown Blvd., #41494, San Jose, CA 95160 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Hopscotch and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Hopscotch may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Hopscotch or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Hopscotch is entitled.
You may download or copy a form to initiate arbitration from the American Arbitration Association (“the AAA”) website at www.adr.org.
c) After Hopscotch receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee, Hopscotch will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association, as modified by these Terms, for all claims under $75,000, and the applicable rules as determined by the AAA for all claims of or above $75,000, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms of Use. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless Hopscotch and you agree otherwise, any arbitration hearings will take place in the county of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Hopscotch was a party. Except as otherwise provided for herein, Hopscotch will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Hopscotch for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules.
d) For claims under $75,000, if, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Hopscotch's last written settlement offer made before an arbitrator was selected, then Hopscotch will:
- pay you either the amount of the award or $2,000 ("the alternative payment"), whichever is greater; and
- pay your attorney, if any, the amount of attorney's fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the "attorney's payment").
e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws Hopscotch may have a right to an award of attorney's fees and expenses if it prevails in an arbitration proceeding, Hopscotch will not seek such an award for claims under $75,000.
f) The arbitrator may award 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 claim. You and Hopscotch agree that each may bring claims against the other only in your or its individual capacities and not as plaintiffs or class members in any purported class or representative proceeding or in the capacity of a private attorney general. Further, unless both you and Hopscotch agree otherwise, 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. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
GOVERNING LAW AND JURISDICTION
These Terms of Use, the Privacy Policy and any separate agreements whereby we provide you services shall be governed by the laws of the State of California. The parties agree exclusive jurisdiction shall be in Contra Costa County, California for any and all issues arising out of the Terms of Use or any related documents or transactions.
ELECTRONIC SIGNATURE AGREEMENT
By selecting the “I Accept” button or checkbox, you are agreeing to sign these Terms of Use electronically. You agree your electronic signature is the legal equivalent of its manual signature on these Terms of Use. By selecting “I Accept” you consent to be legally bound by these Terms’ terms and conditions. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Hopscotch instructions electronically, or making any acceptance of any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (herein after referred to as “E-Signature”), acceptance and agreement as if actually signed by you in writing. You further agree that no certification authority or other third-party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting these Terms of Use between Hopscotch and yourself.
Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, the Privacy Policy and any other policies or operating rules posted by us on this Site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party. In the event that any provision of these Terms of use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms of Use or your use of the Site. You may not assign the Terms of Use or any of your rights or obligations under the Terms without our express written consent. The Terms of Use inure to the benefit of our successors, assigns and licensees. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.