By accessing, browsing, or using the Platform or the Services (as defined below), you are a “user” of it, and acknowledge that you have read, understood, and agreed to be bound by these terms (the “Terms of Use”) for using the Platform. Please read these Terms of Use before using the Platform or the Services, or submitting content in any form or medium. By continuing to use the Platform or Services, or by submitting content for publication or otherwise on the Platform, you agree to abide and be bound, by these Terms of Use. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THE PLATFORM OR THE SERVICES. We reserve the right to change these Terms of Use at any time, and you agree (including by virtue of your continued use of the Platform) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance the Platform shall be subject to these Terms of Use. The most current version of these Terms of Use can be viewed at any time at: sohookd.com/terms.

 

SERVICES

 

SoHookd, LLC (“SoHookd”, “we”, “us” or “our”) operates a platform via a web application (the “Platform”), which your employer (“Employer”) may choose to offer you access to. The Platform tracks your “Well-Being Data”, which includes but is not limited to information such as your movements, hydration, fueling and restoring, and enables users to earn credit for their Well-Being Data (“Credits”) and shop for rewards (“Rewards”) in our marketplace (the “Marketplace”) (all collectively referred to herein as the “Services”). The Platform and the Services may be collectively referred to herein as the “Platform”.

 

Your Credits are derived from your Well-Being Data or other activities, as determined from time to time at our sole discretion. In order to accurately track your Credits, we may work with third-party providers of health and fitness tracking, which allow us to track your Well-Being Data (“Fitness Trackers”). We reserve the right to update the list of Fitness Trackers at any given time at our sole discretion and without prior notification to you. We do not guarantee and we are not liable for the accuracy, authenticity, or working condition of Fitness Trackers’ data and services.

 

You may redeem your accumulated Credits for Rewards, which are provided through third party venues, products and services (collectively referred to herein as “Merchants”) in the Marketplace. Confirmation of redeemed Rewards will be sent to the email address attached to the Account (as defined below). We reserve the right to update the list of Rewards at any given time at our sole discretion and without prior notification to you. Once your Credits have been used to redeem any Rewards, they will be deducted from your Account and in no circumstance will be reinstated back to your Account. The Rewards are non-transferable and may not be combined among users, unless otherwise clearly stated. The Rewards are void and all eligibility for Credit redemption and discounts ends immediately upon your termination from the Platform, regardless of whether such termination is voluntary is involuntary. We reserve the right to alter the rules of Credit accumulation or to change or limit Rewards at any time.

 

By agreeing to these Terms of Use, you implicitly accept to be bound by terms and conditions (if any) imposed by the Merchants with respect to any such Credit redemption for Rewards. The Merchants are the issuers of the Rewards and are fully responsible for all goods and services that they provide to you, and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Merchant Liabilities”) they may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of Credits, or a Reward, or not. You waive and release SoHookd and its members, directors, officers, employees, contractors, affiliates, partners, successors, assigns and other legal representatives (collectively referred to herein as the “SoHookd Representatives”) from any Merchant Liabilities arising from or related to any act or omission of a Merchant or the lack of availability of any Reward. Descriptions of the Rewards on the Platform are provided by the Merchants and adapted by SoHookd. SoHookd is not responsible for any performance, availability or quality claims associated with Rewards. We are also not responsible for any shipping or other delivery of the Rewards by any Merchants. We reserve the right to update the list of Merchants at any given time at our sole discretion and without prior notification to you.

 

Some Merchants may charge you additional fees, including but not limited to equipment, tip or other amenity fees, and you agree that you will be personally responsible for such additional fees unless otherwise specifically stated on the Platform. For example, some Merchants might charge extra to rent a yoga mat, water bottle, cycling shoes or charge a mandatory tip for massage service. Further, we only provide you access to the Reward experience that you earned through the Platform; the Merchant may charge you additional fees for use of additional classes or spaces.

 

We may also refuse to process, or may cancel, an order for a Reward, as reasonably deemed necessary at our sole discretion to comply with applicable law or to respond to cases of misrepresentation, fraud or known or potential violations of the law or these Terms of Use. If a Reward becomes unavailable between ordering and processing, SoHookd will either cancel or not process the order, and may notify you by email, and will refund the Credits to your Account. SoHookd reserves the right, at its sole discretion, to not process or to cancel any orders placed for a Reward whose price was incorrectly posted on the Platform as a result of an error. If this occurs, SoHookd will notify you by email. SoHookd is a service provider for the Merchants identified on the Rewards and the Merchants are the sole issuers of the Rewards.

 

Some Rewards may not be eligible for shipment to P.O., A.P.O or F.P.O boxes. Unless otherwise specifically noted on the Platform, Rewards may only be shipped to the fifty (50) United States and the District of Columbia.

 

USER ACCOUNTS

 

In order to use the Platform, Employer will send SoHookd your email address as an authorized user. SoHookd will then send you a welcome email inviting you to use the Platform. You must then create a login to register for and maintain an active Services account (“Account”) with the Platform. Account registration requires you to submit to certain personal information, such as your name, address, mobile phone number and age. You agree to maintain accurate, complete, and up-to-date information in your Account. You also agree to submit answers to a few questions once your Account is created, which will help us provide a better customer experience. You are responsible for all activity that occurs under your Account, whether or not you actually authorized that activity. You agree to maintain the security and secrecy of your Account username and password at all times, and you understand that you may only possess one Account. You shall never use another user’s Account without such user’s express permission. You will immediately notify SoHookd in writing of any unauthorized use of your Account, or other Account-related security breach known to you. In the event of any such unauthorized use of your Account, you will take all steps necessary to terminate such unauthorized use. Additionally, you will provide us with such cooperation and assistance related to any such unauthorized use as we may reasonably request. We reserve the right to refuse registration of, or cancel an Account in our sole discretion.

 

 

 

INTELLECTUAL PROPERTY

 

The Terms of Use grant you a limited, revocable, nonexclusive license to access the Platform and use the Platform, in whole or in part, including but not limited to SoHookd intellectual property therein, solely in compliance with the Terms of Use. The material provided on the Platform is protected by law, including, but not limited to, United States copyright law, trademark law, and international treaties. All intellectual property in the content of the Platform is owned by SoHookd, and except as otherwise specified herein, nothing herein or included in the Platform’s material shall be construed as a grant from SoHookd of a license to any copyrights, trademarks, patents or any other intellectual property rights.

 

Except as otherwise authorized by the Terms of Use, none of the Platform content may be copied, reproduced, distributed, republished, downloaded, displayed, modified, exploited, entered into a database, reverse engineered, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of SoHookd. Permission is granted for you to display, copy, distribute and download the materials from the Platform ONLY for personal, non-commercial use, provided that you do not modify the materials, you retain all copyright and other proprietary notices contained in the materials, and you agree to abide by all additional copyright notices or restrictions contained in any material accessed through the Platform. You hereby acknowledge that you are prohibited from transmitting, showing, displaying, or presenting the content, ideas, trademarks, or language contained on or within the Platform in any way to any other individual, entity, or third party. The permission to use the Platform for personal, noncommercial use terminates automatically if you breach any of the Terms of Use. At termination of the permissions of use by SoHookd for any reason, you agree to destroy any and all copies of the Platform you possess in any format, including in electronic format. You also may not, without SoHookd’s permission, “mirror” any material contained on the Platform on any other server. Any unauthorized use of any material contained on the Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

Unless otherwise indicated, these Terms of Use, the Platform and all content provided by SoHookd in connection therewith are copyright 2016 SoHookd, LLC. All rights reserved.

SoHookd is either a trademark or registered trademark of SoHookd, LLC. The names of any actual companies and products mentioned on the Platform may be the trademarks of their respective owners.

 

UNAUTHORIZED ACCESS OR ACTIVITIES

 

To maintain the integrity and functionality of the Platform for users, access to the Platform or activities related to the Platform that are harmful to, inconsistent with or disruptive of the Platform or users’ beneficial use and enjoyment of the Platform are expressly unauthorized and prohibited. For example, without limitation, such prohibited activities include:

 

a.     Using the Platform in any manner or for any purpose other than as expressly permitted by these Terms of Use;

b.     Using the Platform in violation of any federal, state, local, or international laws or regulations;

c.     Using the Platform for storing or transmitting infringing, libelous, offensive, defamatory, abusive, pornographic, obscene or otherwise objectionable, unlawful or tortious material;

d.     Permitting a third party to access or use your Account or that of another user;

e.     Interfering with other Users use or enjoyment of the Platform;

f.      Using the Platform for commercial purposes;

g.     Collecting Platform users’ personal information (including but not limited to email addresses, IP addresses and telephone numbers) for any purpose;

h.     Copying, aggregation, display, distribution, performance or derivative use of the Platform or any content posted on the Platform, whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds);

i.      Accessing or using the Platform to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with the Platform. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future;

j.      Attempting to decompile, disassemble or reverse engineer all or any part of the Platform in order to identify, acquire, copy or emulate any source code or object code;

k.     Attempting to acquire any Rewards through the use of any means of deception or misrepresentation, or seeking to or actually earning Credits or Rewards through fraudulent means to redeem in the Marketplace, including but not limited to by maintaining multiple Accounts. We expect you to fully participate in any activity that you submit for Credits (for example, if you submit “barre class”, we expect you to attend the entire barre class, not just a portion as a way to earn Credits);

l.      Introducing or attempting to introduce any malicious software, viruses, worms, Trojan horses, malware, spiders and/or harmful code to the Platform;

m.   Infringing on any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; and

n.     Attempting to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities.

 

If you access the Platform or copy, display, distribute, perform or create derivative works from the Platform or our intellectual property in violation of Section 3 of the Terms of Use or for purposes inconsistent with the Terms of Use, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on the Platform or any provision of the Terms of Use that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of our Platform on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are “technological measures” that effectively control access to copyright-protected components and our intellectual property rights pursuant to 17 U.S.C. § 1201.

 

CIRCUMVENTION

 

You acknowledge and agree that you shall not circumvent or attempt to circumvent any of these Terms of Use, the Platform or otherwise interrupt or attempt to interrupt the operations of the Platform (collectively referred to herein as a “Circumvention Act”). If SoHookd determines, in its sole discretion, that you have engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise unfairly alter the Rewards system, or otherwise commit fraud with regard to the Platform, then, in such an event, SoHookd reserves the right to institute civil or criminal proceedings against you and report you to the relevant regulatory authorities and to Employer.

 

 

CANCELLATION & TERMINATION

 

This Agreement is effective and you will continue to have access to the Platform until the earlier to occur of the following: (a) Employer terminates its commercial relationship with SoHookd; (b) we terminate your account, at our sole discretion; or (c) you properly cancel your account in accordance with this Agreement.

 

You are solely responsible for properly canceling your Account. You may cancel your Account at any time by sending us an email at cancel@sohookd.com All cancellations will be processed within forty-eight (48) hours of receipt of the request for cancellation. Even after your right to use the Platforms is terminated or suspended, these Terms of Use will remain enforceable against you.

 

We may terminate this Agreement and your rights to access and use the Platform for any or no reason, without liability, at our sole discretion at any time, including but not limited to if we suspect that you have violated this Agreement. We may notify you of any such termination but are under no obligation to do so. In addition, without limiting the foregoing termination rights, we reserve the right, at any time and in our sole and absolute discretion, to temporarily suspend access to the Platform (in whole or in part) for: (a) scheduled or unscheduled maintenance; (b) purposes of maintaining the security and/or integrity of SoHookd's network, hardware, or associated systems or those of its third party providers; (c) failure by Employer to timely pay the Platform fees or to comply with its agreements with SoHookd; or (d) the actual or suspected violation of this Agreement by you. We reserve the right to disable, terminate accounts and cancel unredeemed Credits in Accounts that are inactive for a consecutive period of three (3) months.

 

Upon termination of this Agreement or cancellation of your Account, all rights granted to you hereunder will immediately terminate. You will lose access to and will cease all use of the Platform and will lose any and all Credits and Rewards that have not been redeemed prior to the effective date of termination.

 

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

 

SoHookd values your privacy and we will always attempt to keep your private information private. Please review our Privacy Policy at sohookd.com/privacy for more information on how SoHookd collects, uses and processes your personal data. You acknowledge that such Privacy Policy is incorporated in these Terms of Use by reference. If you do not agree with all parts of the SoHookd Privacy Policy, you should not use the Platform or provide SoHookd with any personal data.

 

INDEMNIFICATION

 

            YOU, ON BEHALF OF YOURSELF, YOUR SPOUSE, YOUR HEIRS, YOUR NEXT OF KIN, AND ANYONE ELSE WHO MAY LEGALLY ACT ON YOUR BEHALF, SHALL INDEMNIFY AND HOLD SOHOOKD AND THE SOHOOKD REPRESENTATIVES HARMLESS FROM AND AGAINST ALL SUITS, PROCEEDINGS AT LAW OR IN EQUITY, CLAIMS, LIABILITIES, COSTS, DAMAGES, PAYMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ OR ACCOUNTANTS’ FEES) ASSERTED AGAINST SOHOOKD OR THE SOHOOKD REPRESENTATIVES OR INCURRED BY SOHOOKD OR THE SOHOOKD REPRESENTATIVES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF, MISUSE OF, OR RELIANCE ON THE PLATFORM; (B) YOUR VIOLATION OR BREACH OF THESE Terms of Use; (C) your violation of any rights of a third party or service provider; (D) your connection to SoHookd’s Platform; or (E) ANY CLAIM FOR DAMAGES TO PROPERTY OR INJURIES TO PERSONS, CAUSED BY OR RESULTING FROM YOUR ACTS OR OMISSIONS. SoHookd reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of these claims.

 

DISCLAIMER

 

            YOU ASSUME ANY AND ALL RISKS ASSOCIATED WITH USE OF THE PLATFORM AND HEREBY INDEMNIFY SOHOOKD AND THE SOHOOKD REPRESENTATIVES AGAINST ANY AND ALL LIABILITY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR INJURY OR DEATH.

 

INFORMATION ON THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE PLATFORM IS PROVIDED “AS IS”, “WHERE IS”, “WITH ALL FAULTS”, “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. SoHookd DOES NOT MAKE ANY REPRESENTATIONS, NOR DOES IT ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR CONTENT DISPLAYED, UPLOADED OR DISTRIBUTED ON THE PLATFORM OR AVAILABLE THROUGH LINKS ON THE PLATFORM.

 

SOHOOKD AND THE SOHOOKD REPRESENTATIVES ASSUME NO LIABILITY OR RESPONSIBILITY FOR: ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE PLATFORM, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE PLATFORM; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE PLATFORM; OR ANY CONDUCT BY USERS OR MERCHANTS OF THE PLATFORM, EITHER ONLINE OR OFFLINE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. PLATFORM CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE, INCLUDING, WITHOUT LIMITATION, TO ACHIEVE A PARTICULAR RESULT, INCLUDING, WITHOUT LIMITATION, OBTAINING PHYSICAL FITNESS. YOUR USE OF THE REWARDS THROUGH THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK.

 

SOHOOKD AND THE SOHOOKD REPRESENTATIVES CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

 

The Platform may permit you to link to other websites, applications, or resources on the Internet, and other websites, applications, or resources may contain links to the Platform. SOHOOKD AND THE SOHOOKD REPRESENTATIVES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO THE MERCHANTS LISTED ON THE PLATFORM. SOHOOKD AND THE SOHOOKD REPRESENTATIVES DO NOT ENDORSE, HAVE NO CONTROL OVER, AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR THE FUNCTIONALITY, AVAILABILITY, OR SECURITY OF ANY THIRD PARTY. THE USER ACKNOWLEDGES THAT SOHOOKD AND THE SOHOOKD REPRESENTATIVES HAVE NO CONTROL OVER SUCH SERVICES AND AGREES TO HOLD SOHOOKD AND THE SOHOOKD REPRESENTATIVES BLAMELESS FOR ANY LAPSE IN FUNCTIONALITY, BREACH OF SECURITY, OR UNAVAILABILITY OF ANY THIRD PARTY’S WEBSITE CONTENTS, SERVICES, OR INTERRUPTION OF ACCESS TO SOHOOKD PLATFORM AS A RESULT OF ANY THIRD PARTY’S WEBSITE MALFUNCTION OR INOPERABILITY. THE USER FURTHER ACKNOWLEDGES AND AGREES THAT SOHOOKD AND THE SOHOOKD REPRESENTATIVES 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 CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES. THE USER’S USE OF THIRD-PARTY WEBSITES AND MERCHANTS IS AT THE USER’S OWN RISK AND SUBJECT TO THE TERMS OF USE OF USE FOR SUCH WEBSITES.

 

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

 

ASSUMPTION OF THE RISK

 

You, on behalf of Your Spouse, Your heirs, Your next of kin, and anyone else who may legally act on Your behalf, voluntarily and expressly assume all risk when using the PLATFORM, including but not limited to all of the risks associated with PHYSICAL ACTIVITY, such as the risk of injury, accident, death, loss, cost, or damage to your person or property.

 

NO LIABILITY

 

YOU, ON BEHALF OF YOURSELF, YOUR SPOUSE, YOUR HEIRS, YOUR NEXT OF KIN, AND ANYONE ELSE WHO MAY LEGALLY ACT ON YOUR BEHALF, ACKNOWLEDGE AND AGREE THAT SOHOOKD AND THE SOHOOKD REPRESENTATIVES ARE ONLY WILLING TO PROVIDE THE PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU, ON BEHALF OF YOURSELF, YOUR SPOUSE, YOUR HEIRS, YOUR NEXT OF KIN, AND ANYONE ELSE WHO MAY LEGALLY ACT ON YOUR BEHALF, AGREE NOT TO HOLD SOHOOKD OR THE SOHOOKD REPRESENTATIVES LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER OR MERCHANT (INCLUDING WITHOUT LIMITATION INJURY, DEATH, OR DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER OR MERCHANT, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY SOHOOKD OR THE SOHOOKD REPRESENTATIVES OR ANY DESTRUCTION OF YOUR INFORMATION, ON ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE.

UNDER NO CIRCUMSTANCES WILL SOHOOKD OR THE SOHOOKD REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SOHOOKD AND THE SOHOOKD REPRESENTATIVES DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE PLATFORM. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT SOHOOKD OR THE SOHOOKD REPRESENTATIVES ARE LIABLE FOR DAMAGES IN EXCESS THESE TERMS, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100.00).

 

TAXES

 

The Internal Revenue Service and your state taxing authority may deem any Rewards as the equivalent of taxable income to you. Further, Employer may report its offering of Rewards to the taxing authorities as additional compensation to you. You, and not SoHookd, the SoHookd Representatives, or any of the Merchants, are responsible for determining whether you need to include your redemption of Rewards as additional income when you prepare your tax returns. You will be responsible for all taxes related to your use of the Platform and your redemption of Rewards. You agree to indemnify and hold SoHookd and the Merchants harmless from any claim by any taxing authority related to your use of the Platform and your redemption of Rewards.

 

COMMENTS AND FEEDBACK

 

You agree that any material, user comments, feedback, and ideas that you transmit to the Platform or otherwise provide (“Transmissions”) shall be and remain SoHookd’s property. Additionally, we shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purposes whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that we may use information about your demographics and use of the Platform in any manner that does not reveal your identity.

 

In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from the Platform any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.

 

MISCELLANEOUS

 

o.     United States Access. SoHookd is based in the District of Columbia, in the United States of America. SoHookd makes no claims that the content of the Platform is appropriate or lawful outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The Terms of Use shall remain in effect indefinitely and shall service any breach by any party. 

p.     Remedies. You agree that a threatened, impending or existing violation of any provision of these Terms of Use would cause SoHookd irreparable harm for which monetary damages may not be a sufficient remedy, and that SoHookd shall be entitled to seek immediate injunctive relief prohibiting such violation without being required to post any sort of bond or related security, in addition to any other rights and remedies available to it. You shall be liable to SoHookd for all court costs, reasonable attorney’s fees and other expenses incurred by SoHookd in enforcing its rights under these Terms of Use.

q.     No Agency. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Use.

r.      Age Restrictions. You must be at least eighteen (18) years old to use the Platform. If you are under eighteen (18) years old, then you must have permission from a parent or legal guardian to use the Platform. SoHookd has no intention of collecting personal information from individuals under the age of eighteen (18).

s.      Electronic Communications. When you use the Platform, or send e-mails to SoHookd, you are communicating with SoHookd electronically and you consent to receive communications from SoHookd electronically. SoHookd will communicate with you by e-mail or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that SoHookd provides to you electronically satisfy any legal requirement that such communications be in writing.

t.      Severability. If any one or more of the provisions (or portions thereof) of the Terms of Use shall for any reason be held by a final determination of a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions (or portions of the provisions) of the Terms of Use, and the invalid, illegal, or unenforceable provision shall be deemed replaced by a provision that is valid, legal, and enforceable and that comes closest to expressing the intention of the parties.

u.     Waivers. The failure of SoHookd to seek redress for violation of or to insist upon the strict performance of any covenant or condition of the Terms of Use shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

v.     Governing Law; Jurisdiction. The Terms of Use shall be governed by and interpreted in accordance with the laws of the District of Columbia, without regard to its conflict of laws provisions. You hereby expressly submit and consent to the personal and exclusive jurisdiction of the federal and state courts located in the District of Columbia, and waive any objection to such courts’ jurisdiction and venue. EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THE TERMS OF USE OR ANY OTHER MATTERS INVOLVING THE PARTIES HERETO. The prevailing party in any lawsuit or other proceeding regarding the Terms of Use or the Platform shall be entitled, in addition to other costs and damages, to reasonable attorneys’ fees and litigation expenses.

w.    Time Limit for Claims. You agree that any claim or cause of action against SoHookd arising out of or related to the Platform or these Terms of Use must be filed within one (1) year after such claim or cause of action first arose, or such claim or cause of action shall be barred forever; provided, however, that in the event any statute or law prohibits the revision of the limitations period applicable to such claim or cause of action to such one (1) year, such period shall be revised to the shortest period of time allowable by such statute or law.

x.     Force Majeure. SoHookd shall not be responsible for any damages, delay in performance or failure to perform by SoHookd if caused by any act or occurrence beyond its reasonable control such as embargoes, changes in government regulations or requirements (executive, legislative, judicial, military or otherwise), acts of war or terrorism, power failure, electrical surges or current fluctuations, lightning, earthquake, flood, the elements or other forces of nature, delays or failures of transportation, or acts or omissions of telecommunications common carriers.

y.     Assignment. The Terms of Use, and any rights you may have under them, may not be assigned or transferred by you. SoHookd may freely assign the Terms of Use to any third party.

z.     Agreement Binding on Successors. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.

aa.   Headings. All headings used in the Terms of Use are intended for convenience of reference only and shall not affect the construction or interpretation of the Terms of Use. Words of any gender used in the Terms of Use shall be held to include any other gender, and words in the singular shall be held to include the plural when the sense requires.

bb.  Survival. All provisions of these Terms of Use relating to ownership, warranties, indemnification, limitations of liability, and any other subject that would, by its nature, be deemed to survive termination of these Terms of Use will survive termination of these Terms of Use, whether or not so expressly stated.

cc.   Modification. SoHookd may post changes to the Terms of Use at any time, and any such changes will be applicable to all subsequent access to or use of the Platform. If you do not accept and agree to all provisions of the Terms of Use, now or in the future, your sole recourse is to reject the Terms of Use by immediately terminating all access and use of the Platform, in which case any continuing access or use of the Platform is unauthorized. By using the Platform you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms of use to which you are bound.

dd.  Entire Agreement. These Terms of Use constitute the entire agreement between the parties and supersede all previous agreements on this matter. There are no other written or oral agreements, representations, or understandings with respect to the subject matter of the Terms of Use.

ee.   Contact Us. Contact us at hello@sohookd.com.

 

YOU acknowledge that YOU HAVE read and fully understand THESE Terms of Use and that, BY USING THE PLATFORM, YOU agree with and accept all the Terms of Use contained herein.