THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.
We may modify these Terms for any reason, at any time, by posting a new version on our website and application; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of our Services following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with our Services in any way, your only recourse is to immediately terminate use of our Services.
BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON, OR BY DOWNLOADING, INSTALLING, ACTIVATING OR USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.
Hooot provides personal safety solutions to you on your mobile phone and other devices through application platforms, or indirectly via third parties such as colleges, security systems, mobile phone operators and mobile phone manufacturers (“Third Party Providers”).
Hooot is not a security company or affiliated with any government or other entity that directly provides emergency response services. You understand and agree that Hooot is not responsible and cannot be held liable for any harm, damages or other injury to you, or your property, regardless of whether you use the Services or not. Hooot simply provides you with an alert system enabling you to notify your designated contacts, who must accept these Terms and agree to be designated as a contact for you prior to being alerted by our Services.
Text messages are part of the Services. Messaging and data rates may apply depending on the terms of your individual mobile service plan, and these are controlled by your mobile service provider, not Hooot. Hooot is not responsible if your mobile service provider fails to send text messages or have Internet coverage where you are located.
You must be at least 18 years old to subscribe for the Services. If you are 13 - 17 years old, you may use the Services if a legal guardian subscribes on your behalf. If a legal guardian subscribes on behalf of you, your legal guardian represents and warrants that they are duly authorized to enter into these Terms on your behalf, and agrees to comply with these Terms. Hooot is not intended for use by children under the age of 13, and any account that we learn is being used by a child will be terminated immediately regardless of whether a legal guardian subscribed on their behalf.
These Terms come into effect as soon as you access the Services and shall remain in effect for so long as you continue to access the Services. To cancel a free subscription, remove the app from the phone. To cancel a paid subscription, go to your account settings from the website, the Google Play store or Apple AppStore based on how you subscribed, and follow the instructions to cancel your subscription.
Hooot reserves the right to suspend or terminate your access to the Services at any time without notice for any reason whatsoever.
You will be given an opportunity to select the specific subscription you want. Subject to Third Party Provider rates and charges, certain Services may be used without charge.
If you select any of the paid subscriptions, charges apply to the Services, and those charges and payment information associated with the charges will be disclosed to you at the time you select the paid Services.
If Hooot decides to cancel any of the Services for which you have prepaid, unless such cancellation is due to your breach of these Terms, Hoooot shall, in its sole discretion, refund the portion of the services which is unused or credit your account for the use of other Services. However, no prepaid charges shall be refundable to you should you terminate or cancel your account.
By registering for the Services and agreeing to these Terms, you hereby authorize Hooot to utilize the payment processing services of Stripe or the Google or Apple AppStore, as applicable, to charge you for the Services you have selected and at the times and intervals agreed to when you selected such Services.
You agree to maintain the accuracy, completeness and effectiveness of your billing and other account information. Should you fail to do so, Hooot may immediately terminate or cancel your access to the Services without notice to you and shall have no liability to you or any third party.
Hooot may change the charges associated with your use of the Services, and if we do, we will notify you through the Service.
Use of the Services for any purpose other than personal safety purposes is strictly prohibited. You represent and warrant that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services, including but not limited to scraping, mining, harvesting of data (whether personally identifiable data or other data) or other manual or automated means of using the Service not explicitly permitted by these Terms. You may not register for an account for anyone other than yourself or someone of who you are the legal guardian.
The Services may contain user generated content such as reviews, feedback, location information, or forums in any format, including but not limited to images, text, links or videos (collectively, “UGC”.) You agree to provide UGC only to post, send and receive content and material that are proper and related to the Services. You warrant that you own and agree to be responsible for any UGC you provide on the Services; however, by posting, uploading, inputting, providing or submitting your UGC you are granting Hooot, its affiliated companies and necessary sublicensees a worldwide, royalty free, transferable, perpetual right and license to use your UGC in connection with the operation of Hooot’s and its affiliates’ businesses including, without limitation, the rights to: copy, distribute, transmit, reproduce, translate and reformat your UGC.
Hooot shall have sole discretion to investigate and prosecute violations of any of the above to the fullest extent of the law. Hooot may cooperate with law enforcement authorities in prosecuting users who violate these Terms or any applicable law, regulation, legal process or governmental request. Hooot has no obligation to monitor the UGC. However, Hooot reserves the right to review UGC and remove any materials in its sole discretion at any time.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Hooot products or services. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of Hooot. Furthermore, by submitting Feedback, you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute Feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.
Please notify us in writing by email to email@example.com, if you believe that any content available on the Services has infringed your intellectual property rights, pursuant to applicable copyright law.
In order for us to take action, you must do the following in your notice:
(a) provide your physical or electronic signature;
(b) identify the copyrighted work that you believe is being infringed;
(c) identify the item that you think is infringing your work and include sufficient information, such as a URL or copy of the webpage showing the URL, so that we can find it;
(d) provide us with a way to contact you, such as your address, telephone number, or email;
(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the services; and
(f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.
Hooot takes no responsibility for the proper functioning of any Third Party Providers services, applications, networks or servers, or the Internet or any communications that occur over them. Hooot makes no representations or warranties as to the interoperability of the Services with any network or servers. You acknowledge that Hooot shall have no liability to you or to any third party arising as a result of any networks or servers failing to perform in the manner intended, failure of the Services to properly operate with your network or servers or from any errors occurring on your networks or servers as a result of your use of the Services. Hooot specifically disclaims any liability with regard to UGC and any actions resulting from your participation in UGC.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES OF HOOOT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. HOOOT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ABSENCE OF ERRORS, BUGS, VIRUSES, AND/OR MECHANISMS WHICH MAY DISABLE, DAMAGE OR INTERFERE WITH COMPUTER SYSTEMS OR NETWORKS.
YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, APPLICATIONS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND THAT HOOOT SHALL HAVE NO LIABILITY FOR SUCH ERRORS. YOU ACKNOWLEDGE AND AGREE THAT HOOOT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES AT ANY TIME WITHOUT NOTICE OR LIABILITY TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
INFORMATION YOU MAY RECEIVE VIA THE SERVICES ARE NOT LEGAL OR OTHER PROFESSIONAL ADVICE AND MAY NOT BE RELIED UPON BY YOU FOR PERSONAL SECURITY DECISIONS. THE SERVICES ARE PROVIDED TO HELP WITH PERSONAL SAFETY, BUT YOU SHOULD ALWAYS USE COMMON SENSE AND SEEK PROFESSIONAL HELP WHEN IT IS NEEDED. HOOOT CANNOT AND DOES NOT GUARANTEE THAT ANY EMERGENCY PERSONNEL WILL RESPOND IN A TIMELY MANNER OR AT ALL, OR THAT THE MOST APPROPRIATE PERSONNEL WILL RESPOND. ADDITIONALLY, EMERGENCY RESPONSE PERSONNEL MAY NOT RESPOND BECAUSE OF LOCAL LAWS, REGULATIONS OR POLICIES. YOU SHOULD VERIFY THAT APPROPRIATE EMERGENCY PERSONNEL HAVE BEEN CONTACTED AND HAVE ALL INFORMATION NEEDED TO RESPOND TO THE EMERGENCY.
HOOOT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICES FOR ANY PURPOSE OR THE AVAILABILITY OF ANY NETWORKS OR COMMUNICATIONS LINES OR FUNCTIONING OF ANY MOBILE PHONE OR DEVICE NECESSARY FOR THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOOOT AND/OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AGENTS OR SUPPLIERS (REFERRED TO COLLECTIVELY AS “INDEMNIFIED PARTIES”) BE LIABLE (i) FOR DAMAGES IN EXCESS OF THE AMOUNTS ACTUALLY PAID BY YOU TO HOOOT IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM, OR (ii) ANY DAMAGE CAUSED BY OR IN CONNECTION WITH OUR THIRD PARTY PROVIDERS SERVICES OR (iii) FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED CONTENT OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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.
TO THE EXTENT HOOOT MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF HOOOT’S LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
You agree to indemnify and defend the Indemnified Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including UGC) that you or anyone using your account submit, post, or transmit through the Services; (b) the use of the Services by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. Hooot reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Hooot in such defense.
Copyright & Trademark Legal Notices
Other than UGC and content provided by Third Party Providers or other linked third parties, we own or license the content on the Services, including software, text, visual and audio content (referred to together as “Content”) and Hooot’s trademarks, logos, and brand elements (referred to as “Marks”). The Content and Marks are protected under applicable national and international laws. The names of third party companies and products mentioned in these Terms or the Services are the trademarks of their respective owners. For example, Google, the Google logo and Android are the trademarks of Google LLC, Apple, the Apple logo, AppStore, iPhone and iPad are trademarks of Apple Inc. Any rights not expressly granted herein are reserved.
You agree that, with respect to any written notice we are required or permitted to give you in connection with these Terms, such notice shall be deemed effective given immediately upon sending an email to you at the email address set forth in your account information or via posting the notice in your account.
If you intend to seek arbitration, you must first send to Hooot, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Hooot must be sent to M&Y Apps LLC, PO Box 4334, Boulder, CO 80306, USA. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and Hooot cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration. All arbitrations required by these Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, Claims is to be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Unless you and Hooot agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
For arbitration claims that you assert against Hooot in accordance with this section (but not for any arbitration claim against you), Hooot will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay in order to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, Hooot will pay it and your lawyers’, experts’, and witness’ fees, expenses, and costs with respect to all Claims submitted through arbitration. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it applies only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Hooot can require the other to participate in an arbitration proceeding. To opt out, you must notify Hooot in writing within thirty (30) days of the date that you first became bound by these Terms. You must use this address to opt out:
You must include your name and residence address, the email address you use for your account, and a clear statement that you want to opt out of this arbitration agreement.
TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST HOOOT IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND HOOOT FOR ANY AND ALL DISPUTES YOU HAVE RELATING, IN ANY WAY, TO THE SERVICES OR YOUR RELATIONSHIP WITH HOOOT.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration and Waiver section will be null and void.
To the extent permitted by law, these Terms shall be governed by the laws of Florida without regard to its conflicts of laws rules. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that any Claim you may have arising out of or related to the Services or UGC must be filed within one year after such Claim arose; otherwise, your Claim is permanently barred.
If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable.
Unless otherwise specified herein, these Terms constitute the entire agreement between you and Hooot with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hooot with respect to the Services. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
M&Y Apps LLC
PO Box 4334
Boulder, CO 80306
Last Updated: January 2020