THIS AGREEMENT LIMITS HOC’S LIABILITY TO YOU, REQUIRES YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND REQUIRES YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST HOC IN A CLASS ACTION FORMAT.
You may at any time request a copy of this Agreement by emailing us at: [email protected], Subject: Terms of Service.
2.1 Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, HOC hereby grants you permission to use the Service only as set forth in this Agreement, and provided that: (i) you will not copy or distribute any part of the Service in any medium without HOC's prior written authorization; (ii) you will not alter or modify any part of the Service other than as expressly authorized and then only for such express purpose; (iii) you may not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Service, the proper operation of the Service, the features that prevent or restrict use or copying of any Content (as the term is defined below) or enforce limitations on use of the Service or the Content therein, or interfere with any activity being conducted on the Service; and (iv) you may not decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of the Service.
2.2 In order to subscribe to the Service, you must create a membership account. You may never use another's account, username or password without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify HOC immediately of any breach of security or unauthorized use of your account. You may be required to expressly accept or reject this Agreement when you register; you agree that any requirement that you do so does not in any way vitiate your assent to comply with this Agreement. Although HOC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of HOC or others due to such unauthorized use.
2.3 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to HOC’s servers in a given period of time than a single human can reasonably produce in the same period by using a conventional web browser. You agree not to collect or harvest any personally identifiable information from the Service, nor to use the communication systems provided by the Service for any unauthorized commercial solicitation purposes. HOC reserves the right in its sole discretion to investigate and take appropriate legal action against anyone who, in HOC's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
The content on the Service, including without limitation, the text, software, scripts, graphics, files, images, interactive features and the like (collectively "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to HOC, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. HOC reserves all rights not expressly granted in and to the Service and the Content. You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, Marks, or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, or (ii) in any way that violates any right of any third party. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
Your Service subscription commences when you successfully sign up and set up your payment method for the Service, and continues until the end of the billing period in effect when you notify HOC of your intent to terminate your subscription, as set forth in Section 5.2 below. HOC may terminate your Service subscription immediately without notice if you breach any provision of this Agreement. Sections 3 and 6 through 13, and any accrued rights to payment, shall survive termination or expiration of this Agreement for any reason.
5.1 Subscription to the Service allows you to be added to Jake Paul’s “Close Friends” list on Instagram in order to access otherwise restricted content and exclusive features.
5.2 YOU MUST PREPAY FOR THE SERVICE. BY SIGNING UP FOR THE SUBSCRIPTION, HOC WILL CHARGE YOUR CREDIT CARD OR OTHER FORM OF PAYMENT FOR THE PRICE LISTED FOR THE RELEVANT SUBSCRIPTION YOU SIGNED UP FOR, ALONG WITH ANY ADDITIONAL AMOUNTS RELATING TO APPLICABLE TAXES, BANK FEES, AND CURRENCY FLUCTUATIONS. FOR YOUR CONVENIENCE BILLING IS RECURRENT, SO YOU SHOULD STATE YOUR WISH TO CANCEL YOUR MEMBERSHIP AT LEAST 72 HOURS BEFORE THE END OF THE THEN-CURRENT BILLING PERIOD AND THE CANCELLATION WILL TAKE EFFECT ON THE NEXT BILLING PERIOD. YOU ARE FREE TO CANCEL YOUR MEMBERSHIP AT ANY TIME BY CONTACTING US AT [email protected] HOC RESERVES THE RIGHT TO CHANGE ITS FEES AND ACCESS POLICIES FROM TIME TO TIME, IN ITS SOLE DISCRETION, AND WILL NOTIFY YOU OF ANY MATERIAL CHANGES BEFORE SUCH CHANGES BECOME EFFECTIVE. HOC DOES NOT PROVIDE PRICE PROTECTION OR REFUNDS IN THE EVENT OF A PRICE REDUCTION OR PROMOTIONAL OFFERING. YOU HEREBY RELEASE HOC FROM ANY LIABILITY FOR ANY BILLING ERROR THAT YOU DO NOT REPORT TO HOC WITHIN THREE MONTHS AFTER YOU RECEIVE THE BILL IN WHICH THE ERROR FIRST APPEARED.
5.3 YOU HEREBY AUTHORIZE HOC OR ITS PAYMENT PROCESSOR TO CHARGE THE PAYMENT METHOD ON FILE ON THE FIRST DAY OF EACH BILLING PERIOD FOR THE RELEVANT SUBSCRIPTION UNTIL YOU CANCEL YOUR SUBSCRIPTION OR HOC SUSPENDS OR STOPS PROVIDING YOU ACCESS TO THE SERVICES IN ACCORDANCE WITH THIS AGREEMENT. IF THE PAYMENT METHOD ON FILE BECOMES INVALID DUE TO AN EXPIRED CREDIT CARD OR OTHER SIMILAR REASON AND HOC IS UNABLE TO CHARGE YOU ON THE NEXT BILLING PERIOD, HOC MAY IMMEDIATELY REVOKE YOUR ACCESS TO THE SERVICE UNTIL YOU UPDATE YOUR PAYMENT METHOD. IF YOU FAIL TO UPDATE YOUR PAYMENT METHOD WITHIN A REASONABLE AMOUNT OF TIME, HOC MAY CANCEL YOUR SUBSCRIPTION.
5.4 HOC has a no charge-back, no refund policy, to the extent allowed by applicable law. There are no refunds or credits for partially used periods. HOC may approve a refund in the form of a credit on request if exceptional circumstances exist, including if Jake Paul fails to add you to his Instagram “close friends” list within 24 hours after you buy a subscription (unless the failure to add was caused by your failure to provide accurate information). The amount and form of a refund, and the decision to provide it, is at HOC’s sole discretion.
6.1 HOC does not own, operate, or control third-party social media platforms, including, without limitation, Instagram. Your use of any third-party social media platform in connection with the Service is subject to that third-party’s terms, policies, and guidelines. If your third-party social media platform account is suspended or terminated for any reason, you will not receive a refund or credit for any lost access due to such suspension or termination.
THE SERVICE IS PROVIDED "AS IS." EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, NEITHER HOC NOR ITS AFFILIATES MAKE ANY WARRANTY REGARDING THE SERVICE OR ANY OTHER ITEMS OR SERVICES PROVIDED IN CONNECTION THEREWITH. HOC AND ITS AFFILIATES HEREBY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRIGNEMENT.
You agree to defend, indemnify and hold harmless HOC, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to, attorneys' fees) arising from: (i) your use of and access to the Service or any Content posted thereon; or (ii) your violation of any term of this Agreement or of your representations and warranties set forth herein.
By subscribing to the Service, you represent and warrant that you are 18 years of age or older (if you are agreeing to this Agreement on behalf of a minor, you certify to HOC that you are such minor’s legal guardian).
IN NO EVENT SHALL HOC, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT HOC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
if this section is held to be unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall hoc’s total LIABILITY TO YOU exceed the total amount PAID, IF ANY, BY YOU TO HOC IN CONNECTION WITH THE SERVICE during the six (6) months prior to the incident.
You may not transfer or assign this Agreement or any rights and licenses granted hereunder without HOC's prior written consent; any purported assignment in violation of the foregoing shall be void and without effect. HOC may freely transfer, assign, or delegate this Agreement, and any of its rights or obligations hereunder.
12.1 This Agreement shall be governed by California law, without regard to conflict of laws provisions thereof.
12.2 The parties agree that any and all disputes or controversies of any nature between them arising at any time relating to the Service or this Agreement shall be determined by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (excluding any rules or procedures governing or permitting class actions) (”AAA”) before a single neutral arbitrator (“Arbitrator”) in Los Angeles, California. The Arbitrator shall be mutually agreed upon by the parties; if the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the AAA. The Arbitrator shall determine how all expenses relating to the arbitration shall be paid, including without limitation, the respective expenses of each party, the fees of the arbitrator and AAA’s administrative fee. Any final outcome of such arbitration shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to any court of competent jurisdiction located in the State of California, which may be made ex parte, for confirmation and enforcement of the award. In addition, either party may seek equitable, non-monetary relief at any time in any court of competent jurisdiction located in the State of California without thereby waiving its right to arbitration of any dispute or controversy. All proceedings shall, to the extent permitted by law, be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
YOU AND HOC HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHTS TO A TRIAL BY JURY IN RESPECT OF ANY ACTION, PROCEEDING OR COUNTERCLAIM BASED ON THIS AGREEMENT OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTION OF ANY PARTY HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR YOU AND HOC ENTERING INTO THIS AGREEMENT.
TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, YOU AGREE ANY DISPUTE WILL BE RESOLVED WITHOUT INCLUDING ANY OTHER THIRD PARTIES INCLUDED AS PARTIES TO THE ARBITRATION PROCEEDING, BE IT AS INDIVIDUALS, AS PART OF A COLLECTIVE ACTION, OR AS PART OF A REPRESENTATIVE CLASS, UNLESS BOTH YOU AND HOC AGREE TO SUCH CONSOLIDATION AFTER A DISPUTE HAS ARISEN. HOC’S FAILURE TO ENFORCE ANY PROVISION OF THIS AGREEMENT WILL NOT BE DEEMED A WAIVER OF SUCH PROVISION NOR THE RIGHT TO ENFORCE SUCH PROVISION.
If any provision of this Agreement is deemed invalid or unenforceable by an arbitrator or court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and HOC's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
YOU AND HOC AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.