THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH SERVICE PROVIDERS MAY CREATE LISTINGS FOR TRIPS AND CUSTOMERS MAY LEARN ABOUT AND BOOK SAID SERVICES. YOU UNDERSTAND AND AGREE THAT HOOKANDBULLET IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SERVICE PROVIDERS AND CUSTOMERS, NOR IS HOOKANDBULLET A SERVICE PROVIDER. HOOKANDBULLET HAS NO CONTROL OVER THE CONDUCT OF SERVICE PROVIDERS, CUSTOMERS, AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
HookandBullet reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of services. Such Services are included in Listings on the Site, Application and Services by Service providers. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book a Service or create a Listing, you must first register to create an HookandBullet Account (defined below).
As stated above, HookandBullet makes available a platform or marketplace with related technology for Customers and Service Providers to meet online and arrange for bookings of Services. HookandBullet is not an owner or operator of properties, including, but not limited to, fishing guide services, fishing charter services, hunting guide services, hunting outfitter services, land lease services, or boat rental services. HookandBullet’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited agent of each Services for the purpose of accepting payments from Customers on behalf of the Service.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF SERVICES. HOOKANDBULLET CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY SERVICE. HOOKANDBULLET IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SERVICES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE CUSTOMER’S OWN RISK.
In order to access certain features of the Site and Application, and to book a Service or create a Listing, you must register to create an account (“HookandBullet Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your HookandBullet Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to HookandBullet through the Site, Services or Application; or (ii) allowing HookandBullet to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to HookandBullet and/or grant HookandBullet access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating HookandBullet to pay any fees or making HookandBullet subject to any usage limitations imposed by such third party service providers. By granting HookandBullet access to any Third Party Accounts, you understand that HookandBullet will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your HookandBullet Account and HookandBullet Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your HookandBullet Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or HookandBullet’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your HookandBullet Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. HookandBullet makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and HookandBullet is not responsible for any SNS Content.
We will create your HookandBullet Account and your HookandBullet Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active HookandBullet Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. HookandBullet reserves the right to suspend or terminate your HookandBullet Account and your access to the Site, Application and Services if you create more than one (1) HookandBullet Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your HookandBullet Account, whether or not you have authorized such activities or actions. You will immediately notify HookandBullet of any unauthorized use of your HookandBullet Account.
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Service to be listed, including, but not limited to, the location, type, features, availability of the Service and pricing and related rules. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Service via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Customer books a trip with your business, the price for such booking may not be altered.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Customer stay at, a Service in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Service included in a Listing you post, including, but not limited to applicable laws, and any licensing requirements required to provide the selected Service. Please note that HookandBullet assumes no responsibility for a Service’s compliance with any applicable laws, rules and regulations. HookandBullet reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that HookandBullet, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
You understand and agree that HookandBullet does not act as an insurer or as a contracting agent for you as a Service provider. If a Customer completes a booking of your Service, any agreement you enter into with such Customer is between you and the Customer and HookandBullet is not a party thereto. Notwithstanding the foregoing, HookandBullet serves as the limited authorized agent of the Service provider for the purpose of accepting payments from Customers on behalf of the Service provider and is responsible for transmitting such payments to the Service provider less any applicable revenue shares to Hookandbullet.
HookandBullet recommends that Service Providers obtain appropriate insurance for their Services. Please review any insurance policy that you may have for your Service carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Customers (and the individuals the Customer invites to the Service, if applicable) while at your Service.
HookandBullet does not endorse any Customers or any Services. In addition, although these Terms require Customers to provide accurate information, we do not attempt to confirm, and do not confirm, any Customer’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. We will not be responsible for any damage or harm resulting from your interactions with Customers or other Members of the website.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Customers or other third parties will be limited to a claim against the particular Customers or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from HookandBullet with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Customers on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Service Provider against HookandBullet regarding the remittance of payments received from a Customer by HookandBullet on behalf of a Service Provider, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings and Financial Terms
Bookings and Financial Terms for Service Providers
If you are a Service Provider and a booking is completed for your Service via the Site, Application and Services, we will share with you (i) the first and last name of the Customer who has requested the booking, (ii) the trip dates for the booking, (iii) the particular service booked, (iv) the number of people in the party, and (v) the dollar amount of the booking in United States Dollars so that you can view such information. HookandBullet will send you an email, post it to the Dashboard section of the site for you to access once logged-in, and will text message confirming such booking, depending on the selections you make via the Site, Application and Services.
The fees displayed in each Listing are comprised of the Service Fees, States Taxes if applicable, less any Discounts you have elected to offer, and the revenue-share percentage due to HookandBullet. Where applicable, Taxes may be charged in addition to the Service Fees and Customer Fees. The Service Fees, the Customer Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Customer solely relating to a Service Provider’s Service are the “Service Fees”. Please note that it is the Service Provider and not HookandBullet which determines the Service Fees.
HookandBullet charges a fee to Service Providers based upon a percentage of applicable Service Fees. HookandBullet will collect the Total Fees at the time of booking completion and will initiate payment of the Service Fees (less HookandBullet’s Service Provider Fees (defined below)) to the Service Provider at the end of the calendar month during which the service was provided to the customer (except to the extent that a refund is due to the Customer). HookandBullet will hold the first payment made to a Service Provider until (i) 7 days have passed after the first trip or service has been provided to a customer, and (ii) the service provider has provided their EIN information or social security number as required by law. No payments can be issued until service has been provided at least once, and the required tax information has been collected.
Appointment of HookandBullet as Payment Agent for Service Provider
Each Service Provider hereby appoints HookandBullet as the Service Provider’s limited agent solely for the purpose of collecting payments made by Customers on behalf of the Service Provider. Each Service Provider agrees that payment made by a Customer to HookandBullet shall be considered the same as a payment made directly to the Service Provider and the Service Provider will make the Service available to Customer in the agreed upon manner as if the Service Provider has received the Service Fees. Each Service Provider agrees that, HookandBullet may, in accordance with the HookandBullet cancellation policy and reflected in the relevant Listing, (i) permit the Customer to cancel the booking and (ii) refund to the Customer that portion of the Service Fees specified in the HookandBullet cancellation policy. In accepting appointment as the limited authorized agent of the Service Provider, HookandBullet assumes no liability for any acts or omissions of the Service Provider.
Please note that HookandBullet does not currently charge fees for the creation of Listings. However, you acknowledge and agree that HookandBullet reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that HookandBullet will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Customers
The Service Providers, not HookandBullet, are solely responsible for honoring any bookings and making available any Services reserved through the Site, Application and Services. If you, as a Customer, choose to enter into a transaction with a Service Provider for the booking of an Service, you agree and understand that you will be required to enter into an agreement with the Service Provider and you agree to accept any terms, conditions, rules and restrictions associated with such Service imposed by the Service Provider. You acknowledge and agree that you, and not HookandBullet, will be responsible for performing the obligations of any such agreements, that HookandBullet is not a party to such agreements, and that, with the exception of its payment obligations hereunder, HookandBullet disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that HookandBullet is not a party to the agreement between you and the Service Provider, HookandBullet acts as the Service Provider’s payment agent for the limited purpose of accepting payments from you on behalf of the Service Provider. Upon your payment of amounts to HookandBullet which are due to the Service Provider, your payment obligation to the Service Provider for such amounts is extinguished, and HookandBullet is responsible for remitting such amounts, less HookandBullet’s Service Provider Fees, to the Service Provider. In the event that HookandBullet does not remit any such amounts to a Service Provider, such Service Provider will have recourse only against HookandBullet.
Listings for Services will specify the Total Fees.
You agree to pay HookandBullet for the Total Fees for any booking completed in connection with your HookandBullet Account. In order to establish a booking, you understand and agree that HookandBullet, on behalf of the Service Provider, reserves the right, in its sole discretion, to (i) charge your credit card for the Total Fees, or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound). Please note that HookandBullet cannot control any fees that may be charged to a Customer by his or her bank related to HookandBullet’s collection of the Total Fees, and HookandBullet disclaims all liability in this regard.
In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to HookandBullet or its third party payment processor. You agree to pay HookandBullet for any bookings made in connection with your HookandBullet Account in accordance with these Terms by one of the methods described on the Site or Application – e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of the booking process, either directly by HookandBullet or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application. Once your booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
In consideration for providing the Services, HookandBullet collects service fees from Service Providers (“Service Fees”). Service Fees are based upon a percentage of the total amount of the Service Fees (“Service Provider Fees”) less applicable sales tax. Where applicable, Taxes may also be charged in addition to the Service Provider Fees. Service Provider Fees are deducted from the Service Fees before remitting the Service Fees to the Service Provider, within 30 days of the booking.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Customer, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Service, the HookandBullet cancellation policy will be enforced as (i) for bookings cancelled more than 90 days in advance of the trip start date, a 15% cancellation penalty will apply, (ii) for bookings cancelled 90 days or less in advance but more than 60 days in advance of the trip start date, a 25% cancellation penalty will be applied, (iii) for bookings cancelled 60 days or less in advance but more than 7 days in advance of the trip start date, a 50% cancellation penalty will be applied, and (iv) for bookings cancelled 7 days or less in advance of the trip start date, a 100% cancellation penalty will be applied.
If a Service Provider cancels a confirmed booking made via the Site, Services, and Application, (i) HookandBullet will refund the Total Fees for such booking to the applicable Customer within a commercially reasonable time of the cancellation and (ii) the Customer will receive an email or other communication from HookandBullet containing alternative Listings and other related information.
IRS regulation, regarding federal tax reporting requirements, stipulates that HookandBullet must collect IRS forms from all service providers in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. HookandBullet cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Service Provider is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from a Service Provider, HookandBullet may issue a valid VAT invoice to such Service Provider.
HookandBullet displays all fees for services in United States dollars, and will not provide a currency conversion tool of any kind. Please note that HookandBullet cannot control any fees that may be charged to a Customer by his or her bank related to HookandBullet’s collection of the Total Fees, and HookandBullet disclaims all liability in this regard.
Damage to Service Provider Property
As a Customer, you are responsible for leaving the property of Service providers in the condition it was in when you arrived. You acknowledge and agree that, as a Customer, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Service. In the event that a Service Provider claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your HookandBullet Account. HookandBullet also reserves the right to charge the credit card on file in your HookandBullet Account, or otherwise collect payment from you and pursue any avenues available to HookandBullet in this regard, in situations in which you have been determined, in HookandBullet’s sole discretion, to have damaged any Service, including, but not limited to, in relation to any payment requests made by Service Providers under the HookandBullet Service Provider Guarantee, and in relation to any payments made by HookandBullet to Service Providers. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Service to the applicable Service Provider or to HookandBullet (if applicable).
Both Customers and Service Providers agree to cooperate with and assist HookandBullet in good faith, and to provide HookandBullet with such information and take such actions as may be reasonably requested by HookandBullet, in connection with any complaints or claims made by Members relating to Services or any personal or other property located at an Service (including, without limitation, payment requests made under the HookandBullet Service Provider Guarantee) or with respect to any investigation undertaken by HookandBullet or a representative of HookandBullet regarding use or abuse of the Site, Application or the Services. If you are a Customer, upon HookandBullet’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Service Provider, at no cost to you, which process will be conducted by HookandBullet or a third party selected by HookandBullet, with respect to losses for which the Service Provider is requesting payment from HookandBullet under the HookandBullet Service Provider Guarantee.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
HookandBullet will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. HookandBullet may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that HookandBullet has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. HookandBullet reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that HookandBullet, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of HookandBullet and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
HookandBullet Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, HookandBullet grants you a limited, non-exclusive, non-transferable license, to (i) access and view any HookandBullet Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by HookandBullet or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to HookandBullet a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. HookandBullet does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to HookandBullet the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or HookandBullet’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that HookandBullet is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by HookandBullet of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of HookandBullet used herein are trademarks or registered trademarks of HookandBullet. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of HookandBullet and you hereby irrevocably assign to HookandBullet and agree to irrevocably assign to HookandBullet all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At HookandBullet’s request and expense, you will execute documents and take such further acts as HookandBullet may reasonably request to assist HookandBullet to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
HookandBullet respects copyright law and expects its users to do the same. It is HookandBullet’s policy to terminate in appropriate circumstances the HookandBullet Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Termination and HookandBullet Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your HookandBullet Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event HookandBullet terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your HookandBullet Account you will remain liable for all amounts due hereunder. You may cancel your HookandBullet Account at any time via the “Cancel Account” feature of the Services or by sending an email to email@example.com. Please note that if your HookandBullet Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
YOU ACKNOWLEDGE AND AGREE THAT HOOKANDBULLET DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, CUSTOMERS AND SERVICE PROVIDERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HOOKANDBULLET EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HOOKANDBULLET MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HOOKANDBULLET MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SERVICES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HOOKANDBULLET OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SERVICE PROVIDERS OR CUSTOMERS. YOU UNDERSTAND THAT HOOKANDBULLET DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY SERVICES. HOOKANDBULLET MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CUSTOMERS AND SERVICE PROVIDERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY HOOKANDBULLET. NOTWITHSTANDING HOOKANDBULLET’S APPOINTMENT AS THE LIMITED AGENT OF THE SERVICE PROVIDERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM CUSTOMERS ON BEHALF OF THE SERVICE PROVIDERS, HOOKANDBULLET EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CUSTOMERS OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY SERVICES VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF HOOKANDBULLET WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER HOOKANDBULLET NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY SERVICE VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOOKANDBULLET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE SERVICE PROVIDERS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE HOOKANDBULLET GUARANTEE, IN NO EVENT WILL HOOKANDBULLET’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SERVICE VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY SERVICE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A CUSTOMER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A SERVICE PROVIDER, THE AMOUNTS PAID BY HOOKANDBULLET TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOOKANDBULLET AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold HookandBullet and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Service, (iii) creation of a Listing or (iv) the use of a Service by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Service.
Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Service is 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. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. HookandBullet does not permit Listings associated with certain countries due to U.S. embargo restrictions.
If you provider service to or receive services from anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to HookandBullet by contacting us with your police station and report number at firstname.lastname@example.org; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between HookandBullet and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Services made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between HookandBullet and you regarding bookings or listings of Services, the Site, Application, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without HookandBullet’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. HookandBullet may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by HookandBullet (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of Oregon and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Deschutes County, Bend, Oregon or a United States District Court, located in Eugene, Oregon for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and HookandBullet agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and HookandBullet are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and HookandBullet otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and HookandBullet otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and HookandBullet submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. HookandBullet will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, HookandBullet will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Modification” section above, if HookandBullet changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of HookandBullet’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and HookandBullet in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
If you have any questions about these Terms, please contact HookandBullet at firstname.lastname@example.org.