These Hulikao Partners LLC Subscriber Terms of Service (the “Subscriber Terms”) are a legally binding agreement between Hulikao Partners LLC (“Company,” “we” “our” or “us”) and you (“you,” “your” or “yours”), and describe the terms under which you agree to use any Company services or products which may be made available to you by us for which you have subscribed or enrolled whether free or paid (collectively the “Services” and individually a “Service”).
YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE, THAT YOUR ACCESS TO OR USE OF THE SERVICES DOES NOT VIOLATE APPLICABLE LAWS, AND THAT YOU AGREE WITH ALL THE TERMS OF THESE SUBSCRIBER TERMS. IF YOU DO NOT AGREE TO THESE SUBSCRIBER TERMS, YOU MUST NOT SUBSCRIBE TO OR REGISTER FOR ANY OF THE SERVICES OR OTHERWISE USE THE SERVICES.
YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY UNTIL CANCELLED BY YOU. THE FEE AND MANNER OF RENEWAL PAYMENT IS SET FORTH IN THE TERMS OF YOUR OFFER AND IS SUBJECT TO CHANGE. THE SUBSCRIPTION FEE IS THAT SET FORTH IN THE TERMS OF YOUR OFFER. TO TERMINATE YOUR SUBSCRIPTION, YOU MUST NOTIFY US IN WRITING BY SENDING A LETTER TO: HULIKAO PARTNERS LLC, 201 EAST FIFTH STREET, SUITE 800, CINCINNATI, OH 45202 USA.
YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE SUBSCRIBER TERMS. WE MAY CHANGE, UPDATE, ADD OR REMOVE PROVISIONS OF THESE SUBSCRIBER TERMS AT ANY TIME BY POSTING THOSE CHANGES ON OUR WEBSITE. YOUR CONTINUED USE OF THE SERVICES AFTER SUCH POSTING SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES TO THESE SUBSCRIBER TERMS. IF YOU DO NOT AGREE WITH ANY OF THE UPDATED SUBSCRIBER TERMS YOU MUST STOP USING THE SERVICES.
Enrolling in the Company Service
The Company provides web monitoring, online personal reputation management and privacy-related products and services (“Services”). The Services are described on the Website, which can be accessed at http://www.hulikao.com. We may, at our discretion, periodically change the description or content of our Services in order to reflect changes to the Service offerings and features, including, without limitation, to reflect enhanced capabilities, changes in the service pricing or terms, changes in regulatory requirements and/or any other modifications. Depending upon the Services you enroll in, register for, or otherwise sign up for or subscribe to use (collectively, “enroll”), we may permit you to be enrolled (i) by telephone, (ii) at our Website, or (iii) by some other method we expressly permit (collectively, the “Enrollment Process”). In order to enroll in, register for and receive one or more Services, you must provide us with the full and accurate Personal Information that we require for the applicable Services, which may include without limitation your name, address, telephone number, email address, date of birth, driver’s license number, Social Security number, and other personal information to verify your identity, as well as financial information such as your credit card number (collectively, “Personal Information”). You agree to keep all Personal Information updated and accurate. In the event we do not receive all the required Personal Information during your Enrollment Process, you agree that we may, in our sole discretion, use our data base, the data base of our affiliates, or other resources to attempt to complete the required Personal Information on your behalf. If we are unable to obtain the required Personal Information or you fail to authenticate your identity as may be required, the Services for which you have enrolled or registered from us may be limited. Upon completion of the Enrollment Process, and payment to us of any fees owed, you will become eligible to receive the Services for which you have enrolled or registered.
Personal Alert Services
If you request or elect to enroll in our Personal Alert Services, you acknowledge and agree that we may continue to send you alerts and other notifications via the email address or telephone number you provided to us or through another method as expressly agreed to by us in writing, until you notify us that you no longer wish to receives these Personal Alerts. You should note that Mobile Alerts sent to you are not encrypted. You should take steps to protect your email and/or any devices through which you access or receive such alerts to safeguard against unauthorized access. THE FREQUENCY OF ALERTS WILL VARY BASED ON THE KINDS OF ALERTS AND OTHER NOTIFICATIONS (INCLUDING PUSH NOTIFICATIONS ON YOUR MOBILE DEVICE) YOU SIGN UP TO RECEIVE PURSUANT TO YOUR SERVICES. STANDARD TEXT MESSAGING RATES APPLY (INCLUDING WHERE APPLICABLE ROAMING CHARGES), SO PLEASE CONTACT YOUR MOBILE PHONE CARRIER FOR DETAILS AND FEES. YOU WILL BE RESPONSIBLE FOR ALL TEXT MESSAGING AND DATA PLAN FEES CHARGED BY YOUR MOBILE PHONE SERVICE. WE DO NOT GUARANTEE THE ACTUAL, COMPLETE OR TIMELY DELIVERY OF ANY ALERTS. WE ARE NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RELATED TO, THE FAILURE OF ANY ALERT TO BE ACTUALLY, ACCURATELY, FULLY OR TIMELY DELIVERED TO YOU FOR ANY REASON WHATSOEVER, INCLUDING THOSE CAUSED BY A TECHNICAL ERROR OR OTHER PROBLEM WITH OUR SYSTEMS, THOSE OF YOUR INTERNET OR MOBILE SERVICE PROVIDER, A THIRD PARTY COMPANY OR ISSUES RELATED TO YOUR INTERNET OR MOBILE SERVICE ACCOUNT OR MOBILE DEVICE.
Changes to the Services
We reserve the right to change, modify, add to, discontinue, or retire any Service and/or any aspect or feature of a Service at any time. We shall provide notice of changes to products and services by posting them on the Website. We have no obligation to provide you with direct notice of any such changes in any other manner. You can determine when the Subscriber Terms were last revised by referring to the “Effective Date” legend at the bottom of this agreement. Your continued use of the Website or Services after we have posted revised terms signifies your acceptance of such revised terms. If any change(s) involve the payment of additional fees, we will provide you with the opportunity to approve such fees. If you fail or refuse to approve such fees, we may, in our sole discretion, terminate your current enrollment or use, continue to support your current Service(s) without the change, or replace your Service(s) with other Service(s). If we terminate your current enrollment in or use of any Service(s) on account of your failure or refusal to approve such fees, then we shall refund on a pro-rata basis based on the remaining term of the current license. If we update any Service without requiring an additional fee and you object to such change, your sole remedy shall be to terminate your use of the Service.
Billing and Services
We offer the Services described on our Website. For each Service, the debit or credit card or other payment account you provide will be billed immediately upon purchase. Unless otherwise stated, all Services are billed up front for the entire term selected. If you pre-pay for a full year, you will not be billed again until the first anniversary date of you enrollment for the Services, unless and until you cancel. If your payment for a full term is declined due to insufficient funds, we reserve the right to bill in monthly installments based on the monthly rates, if applicable, associated with the Service you selected.
BY SIGNING UP FOR A SERVICE, YOU AUTHORIZE US (AND OUR PARTNERS, AFFILIATES AND/OR AGENTS) TO CHARGE YOUR DEBIT OR CREDIT CARD OR OTHER PAYMENT ACCOUNT THE FEES ASSOCIATED WITH THE TERM OF THE SERVICES, AND YOU ACKNOWLEDGE AND AGREE THAT WE WILL NOT OBTAIN ADDITIONAL AUTHORIZATION FROM YOU FOR EACH RECURRING FEE CHARGED TO YOUR DEBIT OR CREDIT CARD OR OTHER PAYMENT ACCOUNT. IN ADDITION, YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY OVERDRAFT CHARGES OR FEES WHICH YOU MIGHT INCUR AS A RESULT OF YOUR SERVICES. YOU UNDERSTAND AND AGREE THAT IF YOU PURCHASE SERVICES, YOU MAY BE LIABLE FOR PAYMENT OF FUTURE SERVICES UNDER THESE TERMS IF YOU FAIL TO NOTIFY US NOT TO SUPPLY THE SERVICES.
Current Pricing and Price Modification
For the most up-to-date pricing and Services descriptions, please go to http://www.hulikao.com. We reserve the right to modify the prices charged for the Services, or to add or remove any Services from the Site, at any time without prior notice to you. Price quotes provided to you prior to any price modification shall be honored.
All orders are subject to applicable taxes in the state where the member resides.
If you believe that you have been erroneously billed, please notify us at Compliance Officer, Hulikao Partners LLC, 201 East Fifth Street Suite 800 Cincinnati, OH USA 45202.
You understand and agree that perfect security does not exist anywhere, and that you will protect your Personal Information in a reasonable way at all times. Accordingly, you will not recklessly disclose or publish your Social Security number or any other Personal Information to anyone who might reasonably be expected to improperly use or disclose that Personal Information, such as, by way of example, in response to “phishing” scams, unsolicited emails, or pop-up messages seeking disclosure of Personal Information. You are responsible for maintaining the confidentiality of any password associated with your use of the Services, as well as any activity within the Services using your password(s).
Term and Termination
The term of these Service Terms will continue and will automatically renew until terminated by you or us, in accordance with the below. We may terminate these Service Terms at any time upon notice to you, with or without cause. Unless terminated by you, your enrollment in the Services shall automatically continue indefinitely, and you shall pay (or cause to be paid) corresponding fees as published by us from time to time. Where authorized by you during the Enrollment Process or later, we will automatically charge your designated payment method upon renewal, unless you first terminate your use of the Services prior to the expiration of the then-current membership term. We may terminate these Service Terms at any time upon notice to you, with or without cause. If we terminate these Service Terms without cause, we will promptly refund a pro-rata portion of any fees already paid directly to us by Customers for the Services that have yet to be provided.
Ownership of Intellectual Property Rights
We retain all right, title and interest (including all copyright, trademark, patent, trade secrets and all other intellectual property rights) in our Services as well as our trademarks, service marks, designs, logos, URLs, and trade names that are displayed in connection with our Services.. Further, your use of or access to our Website and to any content, materials, data or information available on or via our Website, is subject to our Copyright as set forth in our Website Terms of Service.
Local Laws; Export Controls
We control and operate the Services from our headquarters in the United States of America and the content and features may not be appropriate or available for use in other locations. If you use the Services outside the United States of America, you are responsible for following applicable local laws. By using the Services, you represent and warrant that (i) you are not 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.
Disclaimer of Warranties
UNLESS OTHERWISE EXPLICITLY STATED, THE COMPANY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED IN THE SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED THROUGH THE SERVICES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER OR OTHER DIGITAL DEVICE.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, OUR AFFILIATES, OUR RESPECTIVE LICENSORS, LICENSEES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING), ARISING OUT OF, RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, IN THE EVENT WE ARE FOUND LIABLE FOR DAMAGES TO YOU IN A COMPETENT LEGAL PROCEEDING OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE SERVICE TERMS IS LIMITED TO THE LESSER OF (a) FIFTY U.S. DOLLARS ($50) OR (b) THE AMOUNTS PAID TO US FOR THE SERVICES THAT ARE THE BASIS OF THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY. ONLY LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Arbitration, Forum And Governing Law
These Subscriber Terms and any Services provided hereunder will be governed by the laws of the State of Ohio, without regard to any laws that would direct the choice of another state’s laws and, where applicable, will be governed by the federal laws of the United States. Any claim, dispute or controversy of whatever nature (“Claim”) arising out of or relating to these Subscriber Terms shall be resolved by final and binding arbitration. The arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) selected from and administered by the Cincinnati, Ohio, office of JAMS in accordance with its then-existing Comprehensive Arbitration Rules & Procedures for matters where over $100,000 or injunctive relief is being claimed, and in accordance with its then-existing Streamlined Arbitration Rules & Procedures for matters where less than $100,000 is being claimed. The arbitration hearing shall be held in Cincinnati, Ohio. These Subscriber Terms shall be governed by and construed under the laws of the State of Ohio, consistent with the Federal Arbitration Act, without reference to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The Arbitrator shall be authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages, such as for emotional distress, or pain and suffering or punitive damages. Each party shall bear its own attorneys’ fees, costs and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator and JAMS. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, the parties understand that they are waiving certain rights and protections which may otherwise be available if a Claim were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding; and a right to invoke formal rules of procedure and evidence.
You will indemnify and hold the Company (and our officers, directors, agents, affiliates, subsidiaries, joint ventures, licensors, licensees, employees, and third-party partners), at your expense, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Subscriber Terms, or your violation of any law or regulation, or the rights of any third party, and pay all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by us or any of our officers, directors, agents, affiliates, subsidiaries, joint ventures, licensees, employees, and third-party partners, arising out of or relating to: (1) your breach of any term or condition of these Subscriber Terms; (2) your fraudulent or malicious use of the Services; (3) your violation of applicable laws, rules or regulations in connection with the Services; (4) our use of any content or information you provide to us; or (5) the disclosure of your relationship with us. In such a case, we will provide you with written or electronic notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
You understand and agree that your decision to pay any required payments for the Services and receive the Services under these Subscriber Terms has been made by you on the basis of convenience and taking into account your ability to access or obtain these or similar services through your own efforts.
Neither these Subscriber Terms, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without our prior written permission. Any purported assignment without such permission shall be void. Any waiver of our rights under these Subscriber Terms must be in writing, signed by the Company, and any such waiver shall not operate as a waiver of any future breach of these Subscriber Terms. In the event any portion of these Subscriber Terms is found to be illegal or unenforceable, such portion shall be severed from these Subscriber Terms, and the remaining terms shall be separately enforced. Your use of the Services shall at all times comply with all applicable laws, rules, and regulations. These Subscriber Terms, and all documents incorporated into these Subscriber Terms by reference, are the entire agreement between the parties with respect to this subject matter, and supersede any and all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto. Our failure to enforce any of these Subscriber Terms is not a waiver of such term. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Subscriber Terms. These Subscriber Terms are solely and exclusively between you and the Company and you acknowledge and agree that (i) no third party, including a third-party partner of the Company is a party to these Subscriber Terms, and (ii) no third party, including any third-party partner of the Company has any obligations or duties to you under these Subscriber Terms.
Copyright © 2017 Hulikao Partners LLC
All Rights Reserved
Effective Date: January 1, 2017