Website Terms of Use

Acceptance of Terms

Please read these Website Terms of Use (the “Website Terms”) carefully as they apply to your use of this website (http://www.hulikao.com) (the “Website”) provided by Hulikao Partners LLC (the “Company”). By accessing, or using the Website located at http://www.hulikao.com (the “site”), you are agreeing to these Website Terms and are concluding a legally binding contract with the Company (the “Agreement”).

This Agreement defines the relationship between the Company and you (“you”, “your”, the “client”) relating to the use of the Website. If you are entering into this Agreement on behalf of a company or other legal entity, you also represent that you have the authority to bind such entity to these terms, in which case the terms “you”, “your” or “client” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms, you must not accept this Agreement and may not use the Company’s site or its services.

Eligibility

By using the Website or any of the services offered, you represent and warrant that (1) all registration and enrollment information you submit is truthful and accurate; (2) you will maintain the accuracy of such information; and (3) you are eighteen (18) years of age or older. Children under the age of eighteen (18) are prohibited from creating any accounts or purchasing or enrolling for any Services. Your information and profile may be deleted and any Services may be terminated without warning if we believe that you are less than eighteen (18) years of age.

User Accounts and Passwords

Certain features or services offered on or through the Website may require you to open an account or enroll (including setting up a login ID and/or password(s)). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your login ID and password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account or password, or any other any other breaches of security. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

Data Security

We take seriously our responsibility to keep secure the information that our users and customers entrust to us. To protect this confidential information, we use industry standard safeguards to protect confidential information stored on our systems. 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 (and the App, as applicable), as well as any activity within the Services or App, using your password(s).

Privacy Policy

Our Privacy Policy located at http://www.hulikao.com/privacy-policy (“Privacy Policy”) applies to use of this Website and the Services, and its terms are made a part of these Website Terms of Use by this reference. Additionally, by using the Services or the Website, you acknowledge and agree that Internet transmissions are never completely private or secure.

Website Content

All information and content available on this Website (collectively, “Content”) is protected by copyright and other intellectual property laws. The Content and Website is owned by the Company. The Content is intended for personal and non-commercial use only. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Your use of the Website and all Content is on an “as is” basis, at your own risk, and we do not make and expressly disclaim any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Website or the Content.

You may only use or reproduce the Content for your own personal and non-commercial use. The following activities are prohibited: (1) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Website or for any other unauthorized purpose without our prior express written permission; (2) using any device, software or routine to interfere or attempt to interfere with the proper working of the Website; (3) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (4) taking any action that imposes an unreasonable or disproportionately large load on the Company’s hardware and software infrastructure (collectively, “Prohibited Activities”).

Copyright

We respect the intellectual property of others and ask that users of our Website and Services do the same. In connection with our Website and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination in appropriate circumstances of users of our Website and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Website and Services, unlawfully infringing copyright(s) in a work, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. SS 512(c)) must be provided to our designated Copyright Agent:

  • Your physical or electronic signature.
  • Identification of the copyrighted work(s) that you claim to have been infringed
  • Identification of the material on our Website or in our Services that you claim is infringing and that you request us to remove.
  • Sufficient information to permit us to locate such material.
  • Your address, telephone number, and e-mail address.
  • A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that, pursuant to 17 U.S.C. SS 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Links to Other Websites

This Website may contain links to other independent third-party Websites (“Linked Websites”). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under our control, and we are not responsible for and do not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. You will need to make your own independent judgment regarding your interaction with these Linked Websites.

Indemnity

You will indemnify and hold the Company (and our officers, directors, agents, affiliates, subsidiaries, joint ventures, 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 Website 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 Website Terms; (2) your fraudulent or malicious use of the Website; (3) your violation of applicable laws, rules or regulations in connection with the Website; (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.

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 WEBSITE, 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 WEBSITE 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 Website Terms of Use 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 Website 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 Website 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.

Notices and Service Messages

You agree that that we may use our Website, mobile apps, and email to provide you with important notices. You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone or mail. You agree to keep your contact information up to date.

Assignment

These Website Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

Amendments or Modifications

We may amend, modify or terminate any terms of this agreement at any time and such amendment, modification or termination will be effective at the time we post the revised terms on the Website. You can determine when this agreement was 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. No amendment to or modification of this agreement will be binding unless in writing and signed by our duly authorized representative or posted to the Site by our duly authorized representative.

Refund Policy: Annual and Monthly Memberships

Annual Hulikao Memberships (pre-paid one-year term):

The purchase of a Hulikao annual membership is eligible for a refund, if your request is made within 14-days of the date of purchase.

Each annual renewal of a Hulikao membership is eligible for a refund of the annual renewal price, if your request is made within 14-days of being charged (i.e. of your renewal billing date). The refund is limited to the fees paid for the then-current membership term.

Monthly Hulikao Memberships:

The purchase of a monthly membership is NOT eligible for a refund. If you cancel, the membership will simply not automatically renew next month but your protection will continue for the remaining days in your existing (already paid for) term.

How to Contact Us

If you want to send us notices or reach our customer support, please contact us by email at: support@hulikao.com

Cinnova Technologies, LLC

Cincinnati, Ohio 45246

800.690.6434

Copyright © 2017 Cinnova Technologies, LLC
All Rights Reserved
Effective Date: January 1, 2017