Terms and conditions
These terms and conditions ("Agreement") set forth the general terms
and conditions of your use of the digitalage.com website ("Website" or
"Service") and any of its related products and services (collectively,
"Services"). This Agreement is legally binding between you ("User",
"you" or "your") and Hop-on, Inc ("Hop-on, Inc", "we", "us" or "our").
By accessing and using the Website and Services, you acknowledge that
you have read, understood, and agree to be bound by the terms of this
Agreement. If you are entering into this Agreement on behalf of a
business or other legal entity, you represent that you have the
authority to bind such entity to this Agreement, in which case the
terms "User", "you" or "your" shall refer to such entity. If you do
not have such authority, or if you do not agree with the terms of this
Agreement, you must not accept this Agreement and may not access and
use the Website and Services. You acknowledge that this Agreement is a
contract between you and Hop-on, Inc, even though it is electronic and
is not physically signed by you, and it governs your use of the
Website and Services.
Accounts and membership
You must be at least 13 years of age to use the Website and Services.
By using the Website and Services and by agreeing to this Agreement
you warrant and represent that you are at least 13 years of age. If
you create an account on the Website, you are responsible for
maintaining the security of your account and you are fully responsible
for all activities that occur under the account and any other actions
taken in connection with it. We may monitor and review new accounts
before you may sign in and start using the Services. Providing false
contact information of any kind may result in the termination of your
account. You must immediately notify us of any unauthorized uses of
your account or any other breaches of security. We will not be liable
for any acts or omissions by you, including any damages of any kind
incurred as a result of such acts or omissions. We may suspend,
disable, or delete your account (or any part thereof) if we determine
that you have violated any provision of this Agreement or that your
conduct or content would tend to damage our reputation and goodwill.
If we delete your account for the foregoing reasons, you may not
re-register for our Services. We may block your email address and
Internet protocol address to prevent further registration.
User content
We do not own any data, information or material (collectively,
"Content") that you submit on the Website in the course of using the
Service. You shall have sole responsibility for the accuracy, quality,
integrity, legality, reliability, appropriateness, and intellectual
property ownership or right to use of all submitted Content. We may
monitor and review the Content on the Website submitted or created
using our Services by you. You grant us permission to access, copy,
distribute, store, transmit, reformat, display and perform the Content
of your user account solely as required for the purpose of providing
the Services to you. Without limiting any of those representations or
warranties, we have the right, though not the obligation, to, in our
own sole discretion, refuse or remove any Content that, in our
reasonable opinion, violates any of our policies or is in any way
harmful or objectionable. You also grant us the license to use,
reproduce, adapt, modify, publish or distribute the Content created by
you or stored in your user account for commercial, marketing or any
similar purpose.
Adult content
Please be aware that there may be certain adult or mature content
available on the Website. A warning will be shown to the User prior to
adult content being displayed. Where there is mature or adult content,
individuals who are less than 18 years of age or are not permitted to
access such content under the laws of any applicable jurisdiction may
not access such content. If we learn that anyone under the age of 18
seeks to conduct a transaction through the Services, we will require
verified parental consent, in accordance with the Children's Online
Privacy Protection Act of 1998 ("COPPA"). Certain areas of the Website
and Services may not be available to children under 18 under any
circumstances.
Billing and payments
You shall pay all fees or charges to your account in accordance with
the fees, charges, and billing terms in effect at the time a fee or
charge is due and payable. Where Services are offered on a free trial
basis, payment may be required after the free trial period ends, and
not when you enter your billing details (which may be required prior
to the commencement of the free trial period). If, in our judgment,
your purchase constitutes a high-risk transaction, we will require you
to provide us with a copy of your valid government-issued photo
identification, and possibly a copy of a recent bank statement for the
credit or debit card used for the purchase. We reserve the right to
change products and product pricing at any time. We also reserve the
right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per
household or per order. These restrictions may include orders placed
by or under the same customer account, the same credit card, and/or
orders that use the same billing and/or shipping address. In the event
that we make a change to or cancel an order, we may attempt to notify
you by contacting the e-mail and/or billing address/phone number
provided at the time the order was made.
Accuracy of information
Occasionally there may be information on the Website that contains
typographical errors, inaccuracies or omissions that may relate to
promotions and offers. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or
cancel orders if any information on the Website or Services is
inaccurate at any time without prior notice (including after you have
submitted your order). We undertake no obligation to update, amend or
clarify information on the Website including, without limitation,
pricing information, except as required by law. No specified update or
refresh date applied on the Website should be taken to indicate that
all information on the Website or Services has been modified or
updated.
Third party services
If you decide to enable, access or use third party services, be
advised that your access and use of such other services are governed
solely by the terms and conditions of such other services, and we do
not endorse, are not responsible or liable for, and make no
representations as to any aspect of such other services, including,
without limitation, their content or the manner in which they handle
data (including your data) or any interaction between you and the
provider of such other services. You irrevocably waive any claim
against Hop-on, Inc with respect to such other services. Hop-on, Inc
is not liable for any damage or loss caused or alleged to be caused by
or in connection with your enablement, access or use of any such other
services, or your reliance on the privacy practices, data security
processes or other policies of such other services. You may be
required to register for or log into such other services on their
respective platforms. By enabling any other services, you are
expressly permitting Hop-on, Inc to disclose your data as necessary to
facilitate the use or enablement of such other service.
Uptime guarantee
We offer a Service uptime guarantee of 99% of available time per
month. If we fail to maintain this service uptime guarantee in a
particular month (as solely determined by us), you may contact us and
request a credit off your Service fee for that month. The credit may
be used only for the purchase of further products and services from
us, and is exclusive of any applicable taxes. The service uptime
guarantee does not apply to service interruptions caused by: (1)
periodic scheduled maintenance or repairs we may undertake from time
to time; (2) interruptions caused by you or your activities; (3)
outages that do not affect core Service functionality; (4) causes
beyond our control or that are not reasonably foreseeable; and (5)
outages related to the reliability of certain programming
environments.
Backups
We perform regular backups of the Website and its Content and will do
our best to ensure completeness and accuracy of these backups. In the
event of the hardware failure or data loss we will restore backups
automatically to minimize the impact and downtime.
Advertisements
During your use of the Website and Services, you may enter into
correspondence with or participate in promotions of advertisers or
sponsors showing their goods or services through the Website and
Services. Any such activity, and any terms, conditions, warranties or
representations associated with such activity, is solely between you
and the applicable third party. We shall have no liability, obligation
or responsibility for any such correspondence, purchase or promotion
between you and any such third party.
Links to other resources
Although the Website and Services may link to other resources (such as
websites, mobile applications, etc.), we are not, directly or
indirectly, implying any approval, association, sponsorship,
endorsement, or affiliation with any linked resource, unless
specifically stated herein. Some of the links on the Website may be
"affiliate links". This means if you click on the link and purchase an
item, Hop-on, Inc will receive an affiliate commission. We are not
responsible for examining or evaluating, and we do not warrant the
offerings of, any businesses or individuals or the content of their
resources. We do not assume any responsibility or liability for the
actions, products, services, and content of any other third parties.
You should carefully review the legal statements and other conditions
of use of any resource which you access through a link on the Website
and Services. Your linking to any other off-site resources is at your
own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are
prohibited from using the Website and Services or Content: (a) for any
unlawful purpose; (b) to solicit others to perform or participate in
any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d)
to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult,
harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code
that will or may be used in any way that will affect the functionality
or operation of the Website and Services, third party products and
services, or the Internet; (h) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to
interfere with or circumvent the security features of the Website and
Services, third party products and services, or the Internet. We
reserve the right to terminate your use of the Website and Services
for violating any of the prohibited uses.
Intellectual property rights
"Intellectual Property Rights" means all present and future rights
conferred by statute, common law or equity in or in relation to any
copyright and related rights, trademarks, designs, patents,
inventions, goodwill and the right to sue for passing off, rights to
inventions, rights to use, and all other intellectual property rights,
in each case whether registered or unregistered and including all
applications and rights to apply for and be granted, rights to claim
priority from, such rights and all similar or equivalent rights or
forms of protection and any other results of intellectual activity
which subsist or will subsist now or in the future in any part of the
world. This Agreement does not transfer to you any intellectual
property owned by Hop-on, Inc or third parties, and all rights,
titles, and interests in and to such property will remain (as between
the parties) solely with Hop-on, Inc. All trademarks, service marks,
graphics and logos used in connection with the Website and Services,
are trademarks or registered trademarks of Hop-on, Inc or its
licensors. Other trademarks, service marks, graphics and logos used in
connection with the Website and Services may be the trademarks of
other third parties. Your use of the Website and Services grants you
no right or license to reproduce or otherwise use any of Hop-on, Inc
or third party trademarks.
Disclaimer of warranty
You agree that such Service is provided on an "as is" and "as
available" basis and that your use of the Website and Services is
solely at your own risk. We expressly disclaim all warranties of any
kind, whether express or implied, including but not limited to the
implied warranties of merchantability, fitness for a particular
purpose and non-infringement. We make no warranty that the Services
will meet your requirements, or that the Service will be
uninterrupted, timely, secure, or error-free; nor do we make any
warranty as to the results that may be obtained from the use of the
Service or as to the accuracy or reliability of any information
obtained through the Service or that defects in the Service will be
corrected. You understand and agree that any material and/or data
downloaded or otherwise obtained through the use of Service is done at
your own discretion and risk and that you will be solely responsible
for any damage or loss of data that results from the download of such
material and/or data. We make no warranty regarding any goods or
services purchased or obtained through the Service or any transactions
entered into through the Service unless stated otherwise. No advice or
information, whether oral or written, obtained by you from us or
through the Service shall create any warranty not expressly made
herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will
Hop-on, Inc, its affiliates, directors, officers, employees, agents,
suppliers or licensors be liable to any person for any indirect,
incidental, special, punitive, cover or consequential damages
(including, without limitation, damages for lost profits, revenue,
sales, goodwill, use of content, impact on business, business
interruption, loss of anticipated savings, loss of business
opportunity) however caused, under any theory of liability, including,
without limitation, contract, tort, warranty, breach of statutory
duty, negligence or otherwise, even if the liable party has been
advised as to the possibility of such damages or could have foreseen
such damages. To the maximum extent permitted by applicable law, the
aggregate liability of Hop-on, Inc and its affiliates, officers,
employees, agents, suppliers and licensors relating to the services
will be limited to an amount greater of one dollar or any amounts
actually paid in cash by you to Hop-on, Inc for the prior one month
period prior to the first event or occurrence giving rise to such
liability. The limitations and exclusions also apply if this remedy
does not fully compensate you for any losses or fails of its essential
purpose.
Indemnification
You agree to indemnify and hold Hop-on, Inc and its affiliates,
directors, officers, employees, agents, suppliers and licensors
harmless from and against any liabilities, losses, damages or costs,
including reasonable attorneys' fees, incurred in connection with or
arising from any third party allegations, claims, actions, disputes,
or demands asserted against any of them as a result of or relating to
your Content, your use of the Website and Services or any willful
misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be
exercised and shall be applicable and binding only to the extent that
they do not violate any applicable laws and are intended to be limited
to the extent necessary so that they will not render this Agreement
illegal, invalid or unenforceable. If any provision or portion of any
provision of this Agreement shall be held to be illegal, invalid or
unenforceable by a court of competent jurisdiction, it is the
intention of the parties that the remaining provisions or portions
thereof shall constitute their agreement with respect to the subject
matter hereof, and all such remaining provisions or portions thereof
shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and
any disputes arising out of it shall be governed by the substantive
and procedural laws of California, United States without regard to its
rules on conflicts or choice of law and, to the extent applicable, the
laws of United States. The exclusive jurisdiction and venue for
actions related to the subject matter hereof shall be the courts
located in California, United States, and you hereby submit to the
personal jurisdiction of such courts. You hereby waive any right to a
jury trial in any proceeding arising out of or related to this
Agreement. The United Nations Convention on Contracts for the
International Sale of Goods does not apply to this Agreement.
Assignment
You may not assign, resell, sub-license or otherwise transfer or
delegate any of your rights or obligations hereunder, in whole or in
part, without our prior written consent, which consent shall be at our
own sole discretion and without obligation; any such assignment or
transfer shall be null and void. We are free to assign any of its
rights or obligations hereunder, in whole or in part, to any third
party as part of the sale of all or substantially all of its assets or
stock or as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement or its terms relating to
the Website and Services at any time, effective upon posting of an
updated version of this Agreement on the Website. When we do, we will
revise the updated date at the bottom of this page. Continued use of
the Website and Services after any such changes shall constitute your
consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its
terms and conditions. By accessing and using the Website and Services
you agree to be bound by this Agreement. If you do not agree to abide
by the terms of this Agreement, you are not authorized to access or
use the Website and Services.
Contacting us
If you would like to contact us to understand more about this
Agreement or wish to contact us concerning any matter relating to it,
you may send an email to [email protected].
This document was last updated on May 17, 2021