SoHookd, INC. (“SoHookd”, “we”, “us” or “our”) operates a platform via a mobile application and website (the “Platform”), which your sponsor, which may include but shall not be limited to employers (“Sponsor”), may choose to offer you access to. The Platform tracks your “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 Data (“Points”) and shop for rewards (“Rewards”) in our marketplace (the “Marketplace”) (all collectively referred to herein as the “Services”). The Platform also tracks your location, preferences, and habits so that it may provide the user with recommendations. The Platform and the Services may be collectively referred to herein as the “Platform”.
Your Points are derived from your Data or other activities, as determined from time to time at our sole discretion. In order to accurately track your Points, we may work with third party providers, which allow us to track your Data (“Fitness Trackers”, i.e. wearable devices). We reserve the right to update the list of Fitness Trackers or third party applications 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’ or third party applications’ data and services.
You may redeem your accumulated Points for Rewards, which are provided through third party venues, products and services (collectively referred to herein as “Vendors”) in the Marketplace. Confirmation of redeemed Rewards will be sent to the email address attached to the Account. 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 Points have been used to redeem any Rewards, they will be deducted from your Account (as defined below) 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 Point redemption and discounts ends immediately upon your termination from the Platform or Sponsor, regardless of whether such termination is voluntary is involuntary. We reserve the right to alter the rules of Point accumulation or to change or limit Rewards at any time.
Some Vendors 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 Vendors 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 Vendor may charge you additional fees for use of additional classes or spaces.
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.
In order to use the Platform, you will need to download SoHookd iOS or Android application and will need to login and create a user profile. Your Sponsor, who will provide your name, and email address to SoHookd so that SoHookd may verify that you are authorized by Sponsor to use the Platform. You must use the 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.
Unless otherwise indicated, these Terms and Conditions, the Platform and all content provided by SoHookd in connection therewith are copyright 2018 SoHookd, INC. All rights reserved. SoHookd is either a trademark or registered trademark of SoHookd, INC. The names of any actual companies and products mentioned on the Platform may be the trademarks of their respective owners.
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:
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 Points 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 Points (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 Points);
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.
You acknowledge and agree that you shall not circumvent or attempt to circumvent any of these Terms and Conditions, 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 Sponsor.
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) Sponsor terminates its commercial relationship with SoHookd; (b) we terminate your account, at our sole discretion; (c) Sponsor terminates its relationship with you or (d) you properly cancel your account in accordance with this Agreement.
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 Sponsor 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 Points 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 Points and Rewards that have not been redeemed prior to the effective date of termination.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
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 VENDOR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, 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 VENDORS 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 VENDORS IS AT THE USER’S OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS 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.
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 VENDOR (INCLUDING WITHOUT LIMITATION INJURY, DEATH, OR DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER OR VENDOR, 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).
The Internal Revenue Service and your state taxing authority may deem any Rewards as the equivalent of taxable income to you. Further, Sponsor 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 Vendors, 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 Vendors 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.
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.
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.
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.
ee. Contact Us. Contact us at firstname.lastname@example.org.