Last Revised: April 22, 2013
These terms and conditions of use (these “Terms”) are an agreement between you and Hoodle, Inc. (“us” or “we”). By visiting, accessing and/or using any Content (as defined below), information and/or functionality located on the www.hoodle.net website (“our Website”), you agree to be bound by these Terms.
You are responsible for having read these Terms carefully before accessing and/or using any Content, information and/or functionality on or of our Website. These Terms are a legally binding agreement between you (the individual visiting and/or accessing any Content, information and/or functionality located on our Website, and the company (if any) for which they are used) and us.
If you decide to register on our Website in order to use all of its features, you must read these Terms and indicate your acceptance during the registration process. You may not accept these Terms or use our Website if you are younger than 18 and not of a legal age to form a binding contract with us.
We may change these Terms from time to time. Changes shall become effective immediately upon being posted on our Website. These Terms will always indicate the date they were last revised. You are deemed to accept and agree to be bound by any changes to these Terms when you use our Website after any changes are posted.
If you register on our Website, we will create an account on our Website for you (your “Account”). The creation of your Account and subsequent access to it require you to enter the email address and a password as well as your first and last name.
You are completely responsible for all of the activities that occur using your Account, whether authorized by you or not. You are responsible for maintaining the confidentiality of your password and for logging out of our Website when you are done using it. You agree to notify us immediately by emailing us at email@example.com if you become aware of any unauthorized use of your Account or any breach of confidentiality with your password. You may delete your account at any time by using the Disable Account link on your Account Preferences page. We have the option but not the obligation to delete your account if you do not access it for more than 90 days.
You agree not to attempt to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity via any information that you provide.
Our Copyrights and Trademarks
www.myhoodle.com, www.hoodle.net, Hoodle, MyHoodle and the Hoodle logo displayed at the top of our Website are our service marks, whether or not we choose to register them and are subject to appropriate trademark protection under state, federal or other applicable law.
Your right to use our Website is personal to you and is not transferable by you to any other person or entity. You may download, view, cut and paste, and print a single copy of the Content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in these Terms.
You agree not to make any commercial use of our Website or the Content. Except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works based upon, publish, distribute, sell, transfer, publicly display, transmit, post, or otherwise use our Website or the Content. You agree that you will not use any robot, spider, scraper, scripts, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor our Website, the Content, or any portion thereof. You may not take any action that imposes a disproportionate burden on our Website or that negatively affects the availability of our Website to others. You also agree not to attempt to decipher, decompile, disassemble, or reverse-engineer any of the Software.
We may delete your account or otherwise refuse service to you at any time and for any reason, such as suspected or known violation of these Terms by you, or if we believe that we are required by law to do.
Compliance With Laws
If you choose to access our Website from other locations, you do so at your own risk and are responsible for compliance with all applicable laws.
You are responsible for knowledge of and compliance with any applicable local, state, federal, or international laws, regulations, or other government requirements (“Applicable Laws”). You may not use our Website in any way that violates Applicable Laws. You further agree not to do anything that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any Applicable Laws.
We may involve, and cooperate with, law enforcement authorities in prosecuting users who violate these Applicable Laws. You acknowledge that we have the right to monitor your access and use of our Website for the purposes of operating our Website, ensuring your compliance with these Terms, or to comply with Applicable Laws or the order or requirement of a court, administrative agency, or other governmental body.
If you register on our Website, you will have the option to enable various types of periodic email subscriptions. You may change your subscriptions at any time on your Account Preferences page. We may add new types of subscriptions from time to time, or cease to provide certain ones at any time at our sole discretion.
Email subscriptions will be sent to the email address you use to login to our Website. If your email address changes, you are responsible for updating that information on your User Profile page.
Changes and Interruption to Service
We reserve the right to change or discontinue the services provided by our Website with or without notice to you. We shall not be liable to you or any third party should we exercise our right to change or discontinue such services. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to our Website, and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
You are granted a limited and nonexclusive right to create links to the home page of our Website from other websites, so long as such links do not portray our Website or any of its services in a false or misleading manner. You may not use framing or any other techniques to enclose any part of our Website or its Content on another website for any purpose.
Our Website includes links to other websites that are owned and operated by merchants, online service providers, and other third parties. You acknowledge that we are not responsible for the content, nature, quality, completeness, accuracy, or reliability and availability of any third-party website. Links to such websites do not imply our affiliation, endorsement, or approval of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites. Your use of those third-party websites is subject to the terms and conditions of use and the privacy policies of each website, and we are not responsible for those.
Our Website contains product information including brand names, trade names, trademarks, and registered trademarks. The fact that our Website includes these as part of its Content does not constitute or imply our endorsement, sponsorship, approval, or recommendation of those products or services. Likewise, our use of brand names, trade names, trademarks, registered trademarks, or links to third-party websites is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with us. You acknowledge that we disclaim any responsibility for or liability related to any products represented in any way on our Website.
Your interactions with merchants, advertisers, or any other third parties identified on and/or linked from our Website are solely between you and such third party. We do not endorse, warrant, or guarantee the products or services available from such third parties, and we are not an agent of sale, an agent or broker of, or otherwise responsible for the activities or policies of those third parties or their websites. You acknowledge that any such interactions you have with third parties shall be at your own risk. You agree not to hold us liable for any loss or damage of any sort incurred as the result of payment or delivery of goods or services, or any terms, conditions, warranties, or representations associated with such interactions, or as the result of the presence of such third parties on our Website.
Some parts of our Website are financially supported by sponsors and display Content as a result of that sponsorship. We will disclose when any Content that is displayed is sponsored. In no event will sponsors have any ability to affect or change user comments or ratings that have been posted to our Website, beyond the ability that all registered users have to report suspicious or offensive content that has been posted.
Disclaimer Regarding Accuracy of Website Content
We collect and process product and service descriptions and other information. We collect this information from content suppliers, you and other Website users, and publicly available sources. While we make every effort to ensure that the Content on our Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any Content. We do not warrant that product descriptions, pricing, or any other Content on our Website, regardless of its source, is accurate, complete, reliable, or current. Our Website’s Content is provided for informational purposes only and you should not rely on Content from our Website in situations where its inaccuracy would cause you to suffer any loss. We assume no liability for inaccuracy or incompleteness in our search results, product or merchant information, user ratings or comments, or any other Content.
User comments and ratings on our Website are from users who have registered with our Website and who have subsequently elected to post such items. These comments and ratings may be informative for those wishing to use them, but they do not guarantee any level of performance by a merchant or other third party in any given transaction, and are nothing more than the opinion of the users that posted them. We take no responsibility and assume no liability for any Content you or any other party posts to our Website, including without limitation any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity.
Content You Post to Our Website
By posting content to our Website, including but not limited to your initial registration, updates to your User Profile, pictures/images, comments, descriptions/text, logos, video, marketing material, advertisements, contact information, personal information, business information, subdivision information and/or other interaction you have with our Website where you are adding information, you are licensing that content to us so we can deliver the services that we offer. By posting content to our Website, you warrant that you are you are the author and owner of the content that you have a good faith basis to believe that what you say is true, and you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and distribute, or incorporate such content into any form, medium, or technology, without compensation to you. You also hereby grant each user of our Website a non-exclusive license to access your posted content through our Website, and to use such content as permitted by the functionality of our Website and these Terms. You shall remain solely liable for any content that you post to our Website.
You may edit or delete any comments you have posted at any time, and we may retain a record of any changes or deletions that you make. We reserve the right to delete anything you post to our Website that we deem, in our sole discretion, to violate our content guidelines listed immediately below or any other provision of these Terms.
You agree that you shall not post any content:
- that is known by you to be false, inaccurate, or misleading;
- that is libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, inflammatory, hateful, or otherwise objectionable;
- that is racially, ethnically, or religiously biased or offensive;
- that discloses private or personal matters concerning any party;
- that infringes on or violates any other party’s copyright, patent, trademark, trade secret, or other rights;
- that violates or encourages the violation of any Applicable Laws (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- for which you were compensated or granted any consideration by any party;
- that includes any information that references other websites, postal addresses, email addresses, contact information, or phone numbers;
- that is related to charity requests, petitions for signatures; business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters, or letters relating to pyramid schemes;
- that is advertising, promotional material, or any other solicitation to purchase or use goods or services;
- or that contains any computer viruses or other code or computer programming routines that contain contaminating or destructive properties, or that are intended to damage, surreptitiously intercept, or expropriate any system, data, or personal information (“Computer Viruses”).
If you see content on our Website that you believe is inappropriate or offensive, use the Report link that is available near any comments that users have posted, or email us at firstname.lastname@example.org.
Governing Jurisdiction of the Courts
These Terms, and your relationship with us under these Terms, shall be governed by the laws of the State of Illinois as such laws apply to agreements entered into and to be performed entirely within Illinois between Illinois residents and without regard to conflict or choice of laws provisions. You agree that any dispute, suit, action, or proceeding with us, or our officers, directors, employees, predecessors, successors, assigns, agents, or affiliates, arising under or in relation to these Terms shall be resolved exclusively through the Illinois Circuit Court in the county of Champaign, Illinois, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case we may seek such relief in any court with jurisdiction over the parties.
Notification of Claimed Copyright Infringement
If you believe any content on our Website infringes your copyright, you should send notice of copyright infringement to our Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:
- An identification of the copyrighted work claimed to have been infringed;
- An identification of the material that you claim is infringing so that we may locate it on our Website;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved;
- Your signature
The notice should be mailed to: Copyright Agent Hoodle, Inc. 301N. Neil Street Suite 400 Champaign, IL 61820
or sent via email to email@example.com.
Upon receipt of notice as described above, we will take whatever action, in our sole discretion, we deem appropriate, including the possible removal of the challenged content from our Website.
Disclaimer of Warranties
Our Website, its services, and its Content are provided on an “as-is” and “as available” basis. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use, results, Content, or operation of our Website in terms of its correctness, completeness, accuracy, timeliness, reliability, or otherwise. You expressly agree that your use of our Website is at your sole risk. We shall have no liability for any interruptions in the use of our Website. We explicitly disclaim all warranties with regard to the Content provided, including the implied warranties of merchantability, merchantable quality, fitness for a particular purpose, quiet enjoyment, and non-infringement. We make no representation, warranty, or guarantee that the Content that is available through our Website is free of infection from any Computer Viruses. Some jurisdictions do not allow the exclusion of implied warranties, and in those jurisdictions some or all of the above disclaimer may not apply to you, and you might have additional rights.
Limitation of Liability
WE (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PREDECESSORS, SUCCESSORS, ASSIGNS, AGENTS, AFFILIATES, AND LICENSORS) SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF COMPUTER TIME, LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR ANY OTHER ECONOMIC OR COMMERCIAL LOSS, ARISING OUT OF OR RELATED TO (A) THE USE OR INABILITY TO USE OUR WEBSITE OR ITS CONTENT OR ANYTHING ACCESSED THROUGH IT, OR (B) ANY CONTENT POSTED BY YOU OR A THIRD PARTY ON OUR WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, FUNDAMENTAL BREACH, NEGLIGENCE, TORT, WARRANTY, OR OTHERWISE UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SUCH DAMAGES WERE FORESEEABLE, OR WE OR THOSE WHOM ARE IN LAW RESPONSIBLE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, OUR LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS). SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN THOSE JURISDICTIONS SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us and our officers, directors, employees, predecessors, successors, assigns, agents, affiliates, and licensors harmless from any claim, expense, or demand, including reasonable attorneys’ fees and costs, made by any third party in whole or in part arising out of or attributable to your breach of these Terms.
In the event that you have a dispute with another user of our Website, a merchant that is listed on our Website, or any other third party, you, on behalf of yourself (and any of your officers, directors, employees, predecessors, successors, assigns, agents, affiliates, and licensors), hereby irrevocably release and discharge us, our officers, directors, employees, predecessors, successors, assigns, agents, affiliates, and licensors from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, and costs and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys’ fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity, concerning, related to or arising out of any such disputes.
These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and us. Because you are not an employee, minimum wage laws do not apply to your relationship us.
You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
The section headings used within these Terms are for convenience only, and have no legal or contractual effect. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized officer of Hoodle, Inc.