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Terms of service

 

Introduction

These Terms of Use (“Terms”) form a binding agreement between You (either an individual or an entity) and Hooey, LLC (“Hooey”) regarding the use of Hooey’s website and related websites (collectively the “Website”), and any services and products offered through the Website which may include user or other documentation that is available “on-line” or in other modes of electronic form (the “Content”). Hooey owns and operates this site, and by visiting, accessing, and using the Website, you consent to the Terms. Please read these Terms carefully before using the Website. Do not use the Website if you disagree with any of the Terms contained herein. Minors or people below 18 years old are not allowed to use the Website.

 

Rights Granted

Other than the content you own, under these Terms, Hooey and/or its licensors own or license all the intellectual property rights and materials contained in this Website. You are granted limited license only for purposes of viewing the material contained on this Website. Hooey reserves the right to suspend, restrict or terminate access to the Website or any portion thereof without notice. Hooey will endeavor to ensure that the Website is available but does not guarantee that it will be available uninterrupted or error free.

 

Restrictions

You are specifically restricted from all of the following:

  • publishing any Website material in any other media;
  • selling, sub-licensing, and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • uploading, posting, transmitting, installing or otherwise making available any material or device that contains software viruses, malware, malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment located on Hooey’s network or any third party network;
  • interfering with or disrupting the Website, servers or networks connected to the Website, or disobeying any requirements, procedures, polices or regulations of networks connected to the Website.
  • using this Website in any way that is or may be damaging to this Website or Hooey;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • copying, reproducing, republishing, downloading, posting, broadcasting, recording, transmitting, commercially exploiting, editing, reverse engineering, publicly disseminating or otherwise distributing in any way any Website Content or the computer codes or elements comprising the Website;
  • using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being accessed by you, and Hooey may further restrict access by you to any areas of this Website, at any time, in its absolute discretion. If you register an account with us, you are responsible for keeping your password and username confidential and for all activities that are carried out using them. You agree to notify us immediately by email to support@getyourhooey.com if you become aware of or suspect any unauthorized use of your password or username.

 

No Warranties

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE WEBSITE, HOOEY’S SERVICES, AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES. YOU ASSUME ALL RISKS AND RESPONSIBILITIES ASSOCIATED WITH THE SELECTION AND USE OF THE CONTENT AS AN AID IN ACHIEVING YOUR PERSONAL GOALS AND OBJECTIVES, AND FOR THE USE OF AND RESULTS OBTAINED FROM THE SERVICES OR CONTENT. HOOEY MAKES NO WARRANTY THAT THE WEBSITE, RELATED OR OTHER SERVICES, OR THE CONTENT WILL BE ERROR-FREE, OR FREE FROM INTERRUPTION OR FAILURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, HOOEY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE WEBSITE, RELATED OR OTHERS SERVICES AND THE CONTENT.

HOOEY IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR DATA, FACILITIES, OR EQUIPMENT BY INDIVIDUALS OR ENTITIES USING THE WEBSITE, OR FOR UNAUTHORIZED ACCESS TO ALTERATION, THEFT, CORRUPTION, LOSS OR DESTRUCTION OF YOUR DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH THE SERVICES OR SYSTEM, WHETHER BY ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER MEANS. YOU ARE SOLELY RESPONSIBLE FOR VALIDATING THE ACCURACY OF ALL OUTPUT. YOU HEREBY WAIVE ANY DAMAGES OCCASIONED BY LOST OR CORRUPT DATA, INCORRECT REPORTS, OR INCORRECT DATA FILES, RESULTING FROM PROGRAMMING ERROR, OPERATOR ERROR, EQUIPMENT OR SOFTWARE MALFUNCTION, SECURITY VIOLATIONS, OR THE USE OF THIRD-PARTY SOFTWARE.

YOU AGREE THAT HOOEY TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY INACCURACIES, OR DEFECTS IN THE INFORMATION, DEFECTS IN COMMUNICATION LINES, DEFECTS OR DEFICIENCIES IN INTERNET ACCESS, OR BY YOUR INTERNET SERVICE PROVIDER ("ISP"), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE SERVICES.

YOU ACKNOWLEDGE THAT ACCESS TO THE WEBSITE WILL BE PROVIDED OVER VARIOUS FACILITIES AND COMMUNICATIONS LINES, AND INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE AND INTERNET CARRIER LINES AND THROUGH ROUTERS, SWITCHES, AND OTHER DEVICES (COLLECTIVELY, "CARRIER LINES") OWNED, MAINTAINED, AND SERVICED BY THIRD-PARTY CARRIERS, UTILITIES, AND INTERNET SERVICE PROVIDERS, ALL OF WHICH ARE BEYOND HOOEY’S CONTROL. HOOEY ASSUMES NO LIABILITY FOR ISSUES RELATING TO THE INTEGRITY, PRIVACY, SECURITY, CONFIDENTIALITY, OR USE OF ANY INFORMATION WHILE IT IS TRANSMITTED ON THE CARRIER LINES, OR ANY DELAY, FAILURE, INTERRUPTION, INTERCEPTION, LOSS, TRANSMISSION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION ATTRIBUTABLE TO TRANSMISSION ON THE CARRIER LINES. USE OF THE CARRIER LINES IS SOLELY AT YOUR OWN RISK AND IS SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS.

 

Limitation of Liability

In no event, shall Hooey or any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Hooey, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website. If any portion of this limitation of liability is found to be unenforceable for any reason, then Hooey’s aggregate liability under such circumstances for liabilities that would have been limited shall not exceed one hundred dollars ($100).

 

Indemnification

You agree to indemnify, defend and hold harmless Hooey and its directors, officers, employees, agents, successors, and permitted assigns, from and against any and all Claims and Proceedings directly or indirectly arising from, connected with or relating to: (a) your use of the Website, Content, related services or other services; or (b) any negligence, misconduct, or breach of these terms by you; (c) the actions of any person gaining access to the Website under a user ID or other unique identifier assigned to you; or (d) Your negligence or willful misconduct.

In these Terms, “Claims” means third-party claims, counterclaims, complaints, demands, causes of action, liabilities, obligations, damages, legal fees, costs, expenses, and disbursements, including, but not limited to, reasonable attorneys’ fees and court costs, of any nature and kind, whatsoever and howsoever arising, whether known or unknown, whether in law or in equity or pursuant to contract, tort, extra-contractual or statute, and whether in any court of law or equity or before any arbitrator or other body, board or tribunal; and “Proceedings” means third-party actions, suits, proceedings, and hearings of any nature or kind in any court of law or equity or before any arbitrator or other body, board or tribunal.

 

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provision shall be deleted without affecting the remaining provisions herein.

 

Variation of Terms

Hooey reserves the right to revise these Terms at any time as it sees fit, and by using this Website, you are expected to review these Terms on a regular basis.

 

Assignment

Hooey shall have the right to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

 

Entire Agreement

These Terms constitute the entire agreement between Hooey and you in relation to your use of this Website, and supersede all prior agreements and understandings.

 

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Texas, and you submit to the exclusive jurisdiction of the state and federal courts the encompass Comal County, Texas for the resolution of any disputes.

 

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Hooey, LLC Mobile Message Service Terms and Conditions

LAST UPDATED: NOVEMBER 18, 2021

By “opting in” to or using a Hooey, LLC (“Hooey”) mobile messaging service, e.g., SMS/text, as described herein, you agree to accept these Mobile Terms (as defined below).

Hooey’s mobile message service (the “Service”) is operated by Hooey (“Hooey”, “we”, or “us”). Your use of the Service constitutes your agreement to abide and be bound by these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time at our discretion and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to or “opting in” to using the Service, you confirm that you are the subscriber to the phone number corresponding to the opt-in, you are authorized to consent or opt in to using the Service and agree to receive recurring mobile messages (e.g., SMS/text) with service-related or promotional messages, as well as messages about Hooey, its products, and its business, including, but not limited to, updates, alerts, information (e.g., order updates, account alerts, etc. ), promotions, specials, and other marketing offers (e.g., cart reminders) from and on behalf of Hooey via mobile message (e.g., SMS/text) through your wireless service provider to the mobile number you provided at your opt-in, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology.

You consent to the use of an electronic record to document your opt-in. To withdraw consent or “opt out,” request a copy of your opt-in (via-email or paper copy) or to update Hooey’s records with accurate contact information, please call 1-830-885-5112 or email support@getyourhooey.com. These Mobile Terms shall apply to you even if you withdraw your consent or opt out of the Service.

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Hooey. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with mobile messaging imposed by your wireless service provider. Message frequency varies. Standard message and data rates may apply from your wireless service provider. Check your mobile plan and contact your wireless service provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless service provider.

You may opt out of the Service at any time. In the United States or Canada, text the single keyword command STOP to +1 (855) 740-1696. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. For Service support or assistance, text HELP to +1 (855) 740-1696 or email support@getyourhooey.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy https://getyourhooey.com/policies/privacy-policy.

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