HURDL TERMS AND CONDITIONS

Last Updated: Dec 10, 2018

Welcome to our website. These Terms and Conditions (“Terms” or “Agreement”) are an agreement between you and Hurdl (“Hurdl” or “we” or “us”). 

These Terms apply if you use the Hurdl (the “Website”), download and use any Hurdl mobile application or software (the “Apps”), or use any Hurdl device (the “Devices”) (collectively, the Website, the Apps, and the Devices shall be referred to as the “Platform”). The Terms also apply if you use any services provided by Hurdl through the Platform (the “Services”). By using the Platform or Services, you agree to read, comply with, and be legally bound by: (i) these Terms, (ii) Hurdl’s Privacy Policy (available at [Link to Privacy Policy]), and (iii) rules and regulations for using the Platform and Services. If you do not read and agree to the Terms you may not use this Platform and Services.

ACCURATE INFORMATION

You certify that the name, address, and all other personal and non-personal information that you give us while and after opening any other account associated with the Platform and Services is true, accurate, current, and complete. If you provide false, inaccurate, stale, or incomplete information, or if Hurdl suspects that you did so, Hurdl may refuse or limit access to, suspend, or terminate your account(s) or use of the Platform and Services without prior notice to you.

MOBILE PROGRAM TERMS AND CONDITIONS

Hurdl offers, or may offer in the future, various mobile messaging services (collectively, the Mobile Program). By signing up for the Mobile Program, or by otherwise using or participating in the Mobile Program, you agree to Hurdl’s Terms and Conditions along with these Mobile Messaging Terms and Conditions (collectively, the “Mobile Terms”). Furthermore, by signing up for the Mobile Program, sending a mobile message to participate in the Mobile Program, or by otherwise using or participating in the Mobile Program, you consent to the collection, use and disclosure of your personal information in accordance with Hurdl’s Privacy Policy. These Mobile Terms may change from time to time, and we will post any updates here.

YOUR EXPRESS CONSENT TO RECEIVE AUTOMATED MARKETING TEXT MESSAGES FROM HURDL

By signing up for the Mobile Program, you expressly consent to receive from Hurdl and its contractors marketing text messages made using an automatic telephone dialing system and/or an artificial or prerecorded voice to any mobile or residential phone numbers you provide to Hurdl as part of your enrollment in the Mobile Program. You also understand that consent is not required to make a purchase and that you may revoke your consent at any time.

By signing up for the Mobile Program, you also warrant and represent that you are either the account owner of any mobile or residential phone numbers you provide to Hurdl, or you have the express permission of the account holder to provide such numbers.

You must be 18 or older to participate in Hurdl’s Mobile Program. Message and data rates may apply. You, not Hurdl, will be solely responsible for any carrier charges because of text messages associated with the Mobile Program. The following carriers are currently supported by Hurdl’s Mobile Program: ACS Alaska, AT&T, Alltel, Appalachian Wireless, Bluegrass Cellular, Boost (Sprint), Cellcom, Cellular One, C Spire (formerly Cellular South), Cincinnati Bell, Cricket, Cross, Eastern Kentucky Network, Element Mobile, Epic Touch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix Wireless, Inland Cellular, iWireless, MetroPCS, Mobi PCS, Mosaic, Nex-Tech Communications, nTelos, Panhandle, Pioneer Cellular, Plateau Wireless, Revol Wireless, Simmetry Wireless, Sprint/Nextel, Syringa Wireless, T-Mobile, Thumb Cellular, U.S. Cellular, Union Wireless, United Wireless, Verizon Wireless, Virgin Mobile, West Central Wireless. Additional carriers may be added as they become supported.

You may text HELP to ###-### at any time if you require assistance with the Mobile Program. Alternatively, you may email us at [Email Address] or call ###-####. When emailing or calling for support, please be sure to include your mobile number and a detailed description of your question or support issue.

To cancel your participation in the Mobile Program and stop receiving marketing text messages from Hurdl, text STOP to ###-### at any time. Alternatively, you may send an email with your mobile number and the subject “STOP” to: [Email Address] or call ###-#### to be removed from any future alerts or offers.

You agree not to send or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or contains hate speech. You acknowledge that Hurdl may or may not monitor or screen mobile message content you provide, but shall have the right, without obligation and in its sole discretion, to monitor, screen, or refuse any content you make available, including content that violates these Mobile Terms. By opting in to the Mobile Program from a mobile telephone number, you are representing to Hurdl that the mobile number from which you have opted-in is one for which you are authorized to provide consent to receive mobile messages from Hurdl. You agree that if and before you disconnect or transfer your mobile number, you will send all necessary short codes to Hurdl in order to stop future messages from being sent to that number.

Hurdl is not responsible for incomplete, lost, late, or misdirected messages, including, but not limited to, undelivered messages resulting from any form of filtering by your mobile carrier or service provider, and cannot guarantee that each user will receive the benefit of the Mobile Program for each mobile message sent.

Hurdl reserves the right, in its sole discretion, to cancel or suspend any or all of its Mobile Program, in whole or in part, for any reason, with or without notice to you.

USE OF THE SERVICES

You may only connect to the Services using (i) a Device that is manufactured, distributed, or sold by Hurdl itself or through its authorized resellers or agents; (ii) our Apps, or approved third-party applications, software, or devices; or (iii) our Website (“Authorized Connections”). You may not connect to the Services with any device that is not manufactured, distributed, or sold by Hurdl itself or through its authorized resellers or agents (such as a knock off or counterfeit version of a Hurdl device); otherwise intends to resemble or purports to be a Hurdl device; or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Services. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact b[Email Address].

ACCEPTABLE USE

Your use of the Platform and Services is conditioned upon your compliance with the following rules (“Acceptable Use Restrictions”):

You shall not upload to, transmit through, or display via the Platform and Services any content that: 

  • is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; 
  • contains confidential, proprietary, or trade secret information of any third party; 
  • violates the rights of others, including without limitation any privacy rights or rights of publicity;
  • impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with any person or entity, or uses any fraudulent, misleading or inaccurate email address or other contact information;
  • violates any applicable laws or regulations; 
  • makes any statement, express or implied, that you are endorsed by Hurdl;
  • harms minors in any way, including, but not limited to, by depicting content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; 
  • contains any unsolicited promotions, political campaigning, advertising or solicitations; or
  • in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Platform and Services or which may expose the Hurdl, any of its officers, directors, or employees, or other users to any harm or liability of any type.

You shall not use the Platform and Services to engage in any of the following activities:

  • accessing, using, or uploading content to, or attempting to access, use, or upload content to another user’s account without permission; or
  • transmitting, uploading, or downloading, any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature.

Additionally, you shall not:

  • try to use any Platform or Services in a location other than one permitted by the Terms;
  • try to obtain unauthorized access to any account associated with the Platform and Services;
  • allow anyone else to use your account or password;
  • try to open an account if you are under the age of 18;
  • provide false or misleading information at any time when opening or using an account;
  • try to use the Platform and Services in a commercial manner, rather than for personal and non-commercial recreation;
  • use the Platform and Services in a manner inconsistent with these Terms or applicable law;
  • modify or interfere with the Platform and Services, other software or Hurdl content – including location, access, and other security features – for any reason, or permit or help anyone else to do so; or
  • interfere with or alter the Platform and Services, other software or Hurdl content.

OWNERSHIP OF PLATFORM AND CONTENT

All right, title and interest in the Platform and Services including, but not limited to all of the software and code that comprise and operate the Platform and Services and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, URLs, advertising copy and other materials provided through the Platform and Services (collectively, “Content”) are owned by us or by third parties who have licensed their Content to us. The Platform and Services is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of the Platform and Services is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of the Content of the Platform.

We hereby grant you a limited, revocable license to download and print copies of any portion of the Content of the Platform and Services to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from the Content you download. The foregoing license is subject to these Terms and does not include the right to use any data mining, robots or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy or monitor any portion of any Platform and Services or Content, or in any way reproduce or circumvent the navigational structure or presentation of any Platform and Services or Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Platform and Services. We reserve the right to take measures to prevent any such activity. This license is revocable at any time without notice and with or without cause. You may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on the Platform and Services except as expressly provided in these Terms. Nothing in these Terms shall be construed as transferring any right, title or interest in the Platform and Services or their Content to you or anyone else, except the limited license to use the Platform and Services and their Content on the terms expressly set forth herein.

We further grant you the following licenses:

Hurdl hereby grants you a personal, non-exclusive, non-transferable, non-commercial, revocable, and terminable at Hurdl’s sole discretion, license to use (with no right to sublicense) the Apps (and any updates thereto, as Hurdl may provide in its sole discretion) for your personal use on one wireless device associated with your account. You may not copy, rent, lease, lend, sell, redistribute, or sublicense the Apps. Any attempt to do so is a violation and breach of this Agreement. 

Notwithstanding the foregoing, and specifically with regard to trademarks, the Hurdl names and logos (including, without limitation, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Platform and Services unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Hurdl and/or its affiliates (the “Hurdl Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within the Platform and Services are the property of their respective owners. You are not authorized to display or use the Hurdl Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within the Platform and Services without the prior written permission of such owners. The use or misuse of the Hurdl Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

ACCOUNTS

You may be required to open an account with Hurdl before using certain Platform and Services. 

By opening any account associated with the Platform and Services, you are certifying to us that: (i) you are at least 18 years of age, (ii) you are legally able to enter into contracts, and (iii) you are not a person barred from receiving or using Services under federal, state, local, or other laws.

You acknowledge and agree that Hurdl may close, suspend, investigate, monitor, or limit your access to your account or any other account associated with the Platform and Services, without prior notice to you. You acknowledge, understand, and agree that you do not have an expectation of privacy in activities related to the Platform and Services.

PASSWORD PROTECTED AREAS OF OUR SITE

For your protection, certain areas of the Platform may be password protected. You are responsible for maintaining the confidentiality of your passwords. We have the right to assume that anyone accessing the Platform and Services using a password assigned to you has the right to do so. You will be solely responsible for the activities of anyone accessing the Platform and Services using a password assigned to you, even if the individual is not, in fact authorized by you. If you have reason to believe that your password has been compromised or used without authorization, you must promptly change it using the functionality provided on the Platform and Services.

In order to access or use some of the features on the Platform and Services you may have to become a registered user. If you become a registered user, you will provide true, accurate, current and complete information about you as may be prompted by any registration forms, if such information changes, you will promptly update the relevant registration information. We reserve the right to terminate your account or otherwise deny you access to the Platform and Services in our sole discretion for any or no reason without notice and without liability. 

THIRD PARTY WEBSITES AND ADVERTISING

The Platform and Services may contain links to third party websites that are not owned or controlled by Hurdl. Hurdl has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Hurdl will not and cannot censor or edit the content of any third-party site. By using the Platform and Services you expressly relieve Hurdl from any and all liability arising from your use of any third-party website. We encourage you to be aware when you leave the Platform and Services and to read the terms and conditions of each other website that you visit.

Advertising may be presented to you when you use the Platform and Services. You consent to receiving such advertisements. You also acknowledge and agree that Hurdl is not responsible for any products or services provided by advertisers outside of Hurdl, its subsidiaries, and its affiliated companies.

AGREEMENT TO FOLLOW APPLICABLE LAWS 

You certify that you will comply with all applicable laws (e.g., local, state, and federal laws) when using the Platform and Services, or Hurdl Content as permitted and in accordance with this Agreement. You will be responsible for any cost, expense, fee, liability of any kind, and attorney’s fees that Hurdl incurs if you break the law, misuse the services or information Hurdl provides, or breach this Agreement. And if you break the law, misuse the services or information Hurdl provides, or breach this Agreement, you acknowledge and agree that you will reimburse, indemnify, and hold harmless Hurdl, its subsidiaries, its affiliated companies, and the employees, directors, officers, and agents of all aforementioned companies, from any money damages, costs, expenses, losses, liabilities, and attorney’s fees resulting from any claim, threat, demand, suit, or investigation brought by another person, entity, or government. Without waiving any of these rights, Hurdl may at its sole discretion defend itself against any such claim, threat, demand, suit, or investigation without your consent. All of your obligations in this paragraph survive and continue after any termination of this Agreement.

ADDITIONAL PRIVACY TERMS

Hurdl May Collect, Use, and Disclose Your Location, Personal, and Non-Personal Information. Please visit [URL] to see Hurdl’s complete Privacy Policy. That Privacy Policy may be updated from time to time, so please review it regularly. By opening and maintaining an account associated with the Platform and Services, you are consenting to the collection, use, disclosure, transfer, and sharing of your location, nonpublic personal, and non-personal information by Hurdl, its subsidiaries, and its affiliated companies including sharing such information with companies other than Hurdl, its subsidiaries, and its affiliates. If you do not accept the Terms or Hurdl’s Privacy Policy, please close your account and discontinue all use of the Platform and Services. 

Data and other information about your location, wireless device, computer system, and application software is gathered periodically to provide software updates, product support, and other services to you related to the Platform and Services. You agree that Hurdl, its subsidiaries, and its affiliated companies may collect, use, and disclose this data and other information about you to improve products or to provide services or technologies to you. Although Hurdl takes reasonable steps to safeguard your information, you have no expectation of privacy once you have logged into your account.

You authorize Hurdl, its subsidiaries, its affiliated companies, third-party vendors (such as wireless carriers, technology developers, service providers, advertisers, and merchant banks for credit card and debit card transactions), and the operators of App Stores to collect, use, and disclose location information, non-personal information, and nonpublic personal information (including, for example, your name, postal and email addresses, telephone number, account number, device number, and, for processing payment-card transactions you authorize, your payment-card number and related information).

You acknowledge and agree that companies like your wireless carrier, the operators of App Stores, and Hurdl’s vendors – none of which are among the group of companies subsidiary to or affiliated with Hurdl – may also collect information and data about you. The Terms and privacy policies, if any, of those other companies explain and govern their collection, use, and disclosure of your location, nonpublic personal, and non-personal information and data. Those other companies’ terms of use, rules, and privacy policies may differ from Hurdl’s Terms and Privacy Policy.

To use certain Platform and Services, you must have a wireless device that is compatible with the Apps. Hurdl cannot promise that its Platform and Services will be compatible with your mobile phone or other wireless device. 

Hurdl Collects and Stores Location-Identification Information. By entering into this Agreement, you acknowledge and agree that the location of your wireless device is information made available to and used by Hurdl and its vendors, and that you have no expectation of privacy concerning your location when using the Platform and Services. 

AGE RESTRICTION

All people under 18 years of age are prohibited from using the Platform and Services. We do not market or advertise to persons under the age of 18. If you are younger than 18 years of age, you are prohibited from accessing or using the Platform and Services, you are prohibited from opening any account, and you may not submit information to the Platform.

Hurdl does not purposely store personal information from persons under 18 years of age. If Hurdl learns that the Platform and Services have collected such information, Hurdl will take appropriate steps to delete it. If you are a parent or guardian and discover that your child has submitted information for or obtained an account, you may contact us at [Email Address], and ask us to close the account and remove that account holder’s personal information from our systems.

USER COMMENTS AND FEEDBACK

Hurdl will terminate a user’s access to the Platform and Services if, under appropriate circumstances, they are determined to be a repeat infringer or otherwise a nuisance to the Platform and Services. Hurdl reserves the sole and exclusive right to decide whether a comment or any other user submission is appropriate and complies with these Terms for violations other than copyright infringement, such as, but not limited to obscene, defamatory, or just plain obnoxious material. Hurdl may remove such comments or other user submissions and/or terminate a user’s access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.

DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Hurdl with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DMCA claims may be sent to the following address:

Hurdl Incorporated

Attn: DMCA Agent

611 Broadway Suite 618

New York, NY 10012

Or, please email us at [Email Address].

Note: You acknowledge that if you fail to comply with all of the requirements of this Section 12, your DMCA notice may not be valid.

DISPUTE RESOLUTION

DISPUTE RESOLUTION; ARBITRATION; CHOICE OF LAW

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

YOU AGREE THAT BY USING THE SERVICE OR, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST HURDL ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, YOUR USE OF THE SERVICE, OR YOUR DEALINGS WITH HURDL SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS SECTION. THE ARBITRATION WILL BE CONDUCTED USING ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF ARBITRATORS IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF ANY ARBITRATION ORGANIZATION OR ARBITRATOR THAT YOU AND HURDL AGREE UPON IN WRITING OR THAT IS APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT. FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, THE ARBITRATOR, YOU MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN THE BOROUGH OF MANHATTAN, NEW YORK CITY, NEW YORK. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.

THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED. YOU WILL NOT BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, YOUR USE OF THE SERVICE, OR YOUR DEALINGS WITH HURDL MUST BE COMMENCED IN ARBITRATION WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT TWO (2)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.

YOU AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THE ARBITRATION PROVISION—I.E. WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION—SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, IF THE CLASS-ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS. IF THE ARBITRATION PROVISION IN THIS SECTION IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, THEN THE PROCEEDING MUST BE BROUGHT EXCLUSIVELY IN THE STATE COURTS OF COMPETENT JURISDICTION OR THE UNITED STATES DISTRICT COURT LOCATED IN THE BOROUGH OF MANHATTAN, NEW YORK CITY, NEW YORK, AS APPROPRIATE, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU STILL WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE ACTION, AND REMAIN BOUND BY ANY AND ALL LIMITATIONS ON LIABILITY AND DAMAGES INCLUDED IN THESE TERMS. THIS ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF YOUR USE OF THE SERVICE AND YOUR RELATIONSHIP WITH HURDL. THIS ARBITRATION AGREEMENT INVOLVES INTERSTATE COMMERCE AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16 (“FAA”), AND NOT BY STATE LAW. INFORMATION ON AAA AND HOW TO START ARBITRATION CAN BE FOUND AT WWW.ADR.ORG OR BY CALLING 800-778-7879.

IF YOU WISH TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, WITHIN 45 DAYS OF WHEN YOU FIRST USE THE SERVICE OR SUBMIT THROUGH THE SERVICE A REQUEST FOR INFORMATION, YOU MUST SEND US A LETTER STATING, “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” AT THE FOLLOWING ADDRESS:

[Name]

Email: [Email Address]

Telephone: [Phone Number]

In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state or Federal courts in New York City, NY, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. These Terms will be governed by the laws of the State of New York, without giving effect to any principles of conflicts of laws.

DISCLAIMER OF WARRANTIES

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF OUR SITES; (D) THAT THE CONTENT OF OUR SITES IS ACCURATE, COMPLETE. CURRENT OR RELIABLE; AND (E) THAT OUR SITES WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

HURDL DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED HURDL SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER CONTRIBUTIONS AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF HURDL. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS, OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE PLATFORM AND SERVICES WILL BE: THE AMOUNT OF $2,000.

IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PLATFORM AND SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PLATFORM AND SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”.

IF YOU ARE ACCESSING THE SERVICE FROM NEW JERSEY, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SERVICE; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE HURDL AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SERVICE; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST HURDL FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF HURDL AND THEIR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Hurdl, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Platform and Services including your contributions, any use of Hurdl Content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Platform and Services.

NOTICE REGARDING MOBILE CARRIER FEES AND CHARGES

Using any Platform or Services may allow you to receive content on your mobile phone or other wireless device. The manner in which that content is delivered to your phone or device may cause you to incur extra data, text messaging, or other charges from your wireless carrier. MESSAGE AND DATA RATES MAY APPLY. You, not Hurdl, will be solely responsible for any carrier charges associated with any Platform or Services. Please contact your carrier or Hurdl if you have questions about how the use of any Platform or Services might impact your wireless usage fees. In addition, when you download any App to your mobile phone or other wireless device, your phone or device may send to a Hurdl vendor – for verification purposes only – one SMS message that includes your phone number.

TERMINATION

Hurdl may cancel, suspend or block your use of the Platform and Services without notice if there has been a violation of these Terms or our Privacy Policy. Your right to use the Platform and Services will end once your account is terminated, and any data you have stored on the Platform and Services may be unavailable later, unless Hurdl is required to retain it by law. You may terminate your Member Account at any time. Hurdl is not responsible or liable for any records or information that is made unavailable to you as the result of your termination of your Member Account. YOU AGREE THAT HURDL WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE PLATFORM AND SERVICES. Any limitations on liability that favor Hurdl will survive the expiration or termination of these Terms for any reason.

OTHER TERMS

Hurdl’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 ADDITIONAL APP TERMS

Acknowledgement

Hurdl and you acknowledge that these Terms is concluded between Hurdl and you only, and not with Apple or Google, and Hurdl, not Apple or Google, is solely responsible for the Platform and the content thereof. To the extent these Terms provides for usage rules for the Platform that are less restrictive than the Usage Rules set forth for the Platform in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple or Google term applies.

Scope of License

The license granted to you for the Apps is limited to a non-transferable license to use the Apps on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

Maintenance and Support

Hurdl is solely responsible for providing any maintenance and support services with respect to the Apps, as specified in these Terms (if any), or as required under applicable law. Hurdl and you acknowledge that neither Apple nor Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps.

Warranty

Hurdl is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apps to conform to any applicable warranty, you may notify Apple or Google, and Apple or Google will refund the purchase price for the Apps to you; and to the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Hurdl’s sole responsibility.

Product Claims

Hurdl and you acknowledge that Hurdl, not Apple or Google, is responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Terms does not limit Hurdl’s liability to you beyond what is permitted by applicable law.

Intellectual Property Rights

Hurdl and you acknowledge that, in the event of any third party claim that the Apps or your possession and use of the Apps infringes that third party’s intellectual property rights, Hurdl, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance

 You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Address

Hurdl’s contact information for any end-user questions, complaints or claims with respect to the Apps is set forth below.

Third Party Terms

You must comply with applicable third party terms of agreement when using the Apps.

Third Party Beneficiary 

Hurdl and you acknowledge and agree that Apple and Google, and Apple and Google’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

CONTACT INFORMATION

You may contact us for any reason, including to report potential violations of the Terms by others, by email at [Email Address]. Our mailing address is:

Hurdl Incorporated

Attn: Terms

611 Broadway Suite 618

New York, NY 10012

IF YOU DO NOT AGREE WITH ALL TERMS OF THIS AGREEMENT, IMMEDIATELY CEASE USE OF THE PLATFORM AND SERVICES AND DO NOT CLICK THE “I ACCEPT” BUTTON AND DO NOT CONTINUE TO DOWNLOAD, INSTALL, OR OTHERWISE USE THE PLATFORM OR SERVICES.