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These Terms of Service (“Terms”), together with our Privacy Policy, and all other terms and policies available and agreed to on the Services, which are incorporated herein by reference, constitute a written contract (the “Agreement”) between you and Hoobio Inc. (“Hoobio” or “Company”) governing your use of this website, mobile application and any related websites, applications, and platforms (collectively, “Services”). You represent that you are authorized to enter into this Agreement and, if applicable, authorized to act on behalf of and bind your business. You and Company may be referred to collectively as the “parties” or individually as a “party.”

By accessing or using the Services, you represent that you are authorized to enter into this Agreement and that you are at least 18 years old. These Terms constitute a legally binding Agreement between Hoobio and you concerning your use of the Services and contain important provisions affecting your rights, including by requiring arbitration of claims on an individual, rather than class wide, basis as outlined in Section 3 below. Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. If you do not consent to this Agreement, you must immediately stop using the Services. These Terms apply to all visitors, users, and others who access or use the Services.

About the Services

The Hoobio Services offer an online platform that provides its users with different features including, the ability to search for and book Travel Deals and tickets for Events. Users can also post Content about upcoming activities under the What’s New feature, post about free items, and list Offers and Deals that can be viewed and purchased by the public. Below are additional details about each of Hoobio’s Services:

Travel Deals: Hoobio’s Services include “Travel Deals”, which allow users to obtain information about and make bookings with third-party travel suppliers, subject to these Terms and certain fees. Third-party travel suppliers include, without limitation, the airlines, hotels, rental car companies, and other suppliers that provide travel or other services through the Services (such third parties, collectively referred to as “Suppliers”). Users understand that Hoobio provides a travel marketplace and customer support services but is not a hotel, airline, rental car, or cruise company and that your travel reservation, including regarding any refunds, changes, and cancellations, is subject to the respective Supplier’s terms. Through the Travel Deals feature, you may only make legitimate reservations on behalf of yourself and others for whom you are legally authorized to act and who agree to these Terms.

 

Deals and Free offers: Hoobio’s Services also provide a platform that allows individuals and businesses (“Merchant(s)”) to create and post content (“Content,” as defined in Section 6) to: (i) offer items for free (“Free Offers”), (ii) offer goods, services, or experiences directly for purchase, and (iii) provide coupons, promotional codes, and deals (collectively, “Deals”). Merchants are the sellers and issuers of the Free Offers and Deals posted through their Content and are solely responsible for the care, quality, and delivery of the goods and services provided. Hoobio is not responsible for Content, Free Offers, or Deals. Hoobio may review posts in its sole discretion, but it is not responsible for screening Merchant or third-party Content. The Services are provided “as is,” and your use is at your own risk. Company does not create Content for Free offers or Deals, nor does Company sell, ship, guarantee, or refund those goods or services. You are solely responsible for investigating the offers you choose to select.

Events: Hoobio’s Services also allow Suppliers (like Ticketmaster and Eventbrite) to post about upcoming shows, concerts, and events and allow users to purchase tickets to these events. Users understand that Hoobio provides platform but is not a Supplier. Your purchase of tickets for events, including regarding any refunds, changes, and cancellations, is subject to the respective Supplier’s terms. Through the Events feature, you may only make legitimate reservations on behalf of yourself and others for whom you are legally authorized to act and who agree to these Terms.

 

What’s New: Hoobio allows its users to post Content about “What’s New.” The What’s New section will show you offers, news, and other sponsored Content to help you discover content, products, and services being offered that are of interest to you.

 

For your convenience, we have split our Terms into difference sections to address each service separately. Please review the section applicable to your use(s) of your Services:

1. General Terms: Applicable to all types of users.

 

2. Travel: Terms that apply to individuals or businesses using the website or Services to book travel accommodations.

 

3. Free Offers and Deals: Terms that apply to individuals or businesses using the Services to either purchase or post Content about Deals or Free Offers.

 

4. Events: Terms that apply to individuals or businesses using the Services to either purchase or post Content about events.

 

5. What’s New: Terms that apply to individuals or businesses using the website to post What’s New Content.

 

GENERAL TERMS FOR ALL USERS

1. Privacy Policy

We take your privacy very seriously; as such, our Privacy Policy is an important part of this Agreement. The Privacy Policy explains how we collect information from you and how we use and share that information to provide the Services.

2. Qualifications

You must be at least eighteen (18) years old to create an account or use the Services. This restriction applies to all users.

3. Dispute Resolution.

THIS SECTION SIGNIFICANTLY AFFECTS HOW ANY DISPUTES MUST BE RESOLVED. This Section applies to the fullest extent permitted by applicable law.

Informal Resolution: We prioritize customer service and request that you seek to resolve any issues by first contacting our customer service using our contact information outlined below.

Arbitration: You and Hoobio agree that all Claims must be resolved exclusively through final and binding arbitration, rather than in court. “Claim(s)” means any dispute between the parties or their owners or agents (who shall be third-party beneficiaries of this provision) arising out of, related to, or in connection with this Agreement, the Services, or Hoobio. There is no judge or jury in arbitration. If you and Hoobio cannot resolve a Claim through negotiations, the Claim shall be finally and exclusively resolved by binding arbitration. This arbitration agreement is reciprocal, and any election to arbitrate by one party shall be final and binding on the other(s). The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The Federal Arbitration Act and related federal law governs the interpretation and enforcement of this agreement to arbitrate. The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under the Streamlined Rules, as modified by this agreement to arbitrate. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. If JAMS is unavailable to arbitrate a dispute or claim, you and Hoobio agree to arbitrate all Claims on an individual basis using an alternative arbitral forum. All remedies available to the parties under applicable laws shall remain available in arbitration. Unless you and Hoobio agree otherwise in writing, the final arbitration hearing shall take place at the JAMS facility located in or nearest to your city of residence, provided that either party may elect to have the arbitration proceedings conducted by video conference. The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may litigate to compel arbitration, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the arbitrator’s award. You acknowledge that without this provision, you would have the right to sue in court with a jury trial.

Payment of Fees: If you initiate arbitration against Hoobio, you may be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If Hoobio initiates arbitration against you, Hoobio shall pay all costs associated with the arbitration. Regardless of the outcome of the arbitration, you and Hoobio will each pay your own attorneys’ fees and costs unless an award of attorneys’ fees is available under applicable statute.

Class Action Waiver: THE PARTIES MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND HOOBIO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS.

Governing Law and Location: Subject to the above provisions regarding the Federal Arbitration Act and the below, this Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in the State of New York, and shall be exclusively governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either Party. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to New York, New York. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.

Dispute Resolution for International Users: If you are an international user, any Claim(s) arising under or in connection with this Agreement shall be governed and construed in all respects by the laws of the city and country in which you reside. You and Hoobio both agree to submit to the non-exclusive jurisdiction of the city and country in which you reside. “Non-exclusive jurisdiction" means that if you were able to bring a Claim arising from or in connection with this Agreement, an acceptable location would be where you reside, if and as allowed by applicable laws.

Construction: These provisions are expressly severable and subject to applicable laws. If any provision of this arbitration agreement is found to be invalid or unenforceable, that provision shall be severed with the remaining provisions continuing in full force and effect. The arbitrator may award the same damages or other relief available in court. Nothing herein shall limit rights to seek a public injunction if allowed by law. This arbitration agreement shall survive termination.

4. Your Use of the Services

License to Use the Services: Subject to your compliance with this Agreement, Hoobio grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited license to access and use the Services. The license allows you to use the Services in the manner intended by Hoobio, but does not allow you to reproduce, duplicate, copy, modify, sell, or otherwise exploit any portion of the Services without our prior express written consent. All rights not expressly granted in this Agreement are reserved by Hoobio.

5. User Accounts, Payments, and Partners.

Accounts: If you are an individual consumer or an advertising business using the Services, you will be required to create an account providing accurate and complete information to access parts of the Services. An individual account is only for buying products or services, purchasing tickets to events, booking reservations, and accessing information about launches of new products and services. Merchant accounts are used to sell your products/services, create events, and list free products or services, among other things. You may only use the Services if you are legally authorized to enter into and agree to this Agreement. Any use of the Services by anyone under the age of 18 is not allowed. You may share, delete, and restrict the privacy settings of your account as outlined within the Services. You may only use the Services and your account in compliance with this Agreement and all applicable laws, and you are responsible for any activity that occurs in your account. You may not create more than one account, or transfer or assign your account, unless you have our prior written permission. You are responsible for maintaining the confidentiality of and for restricting access to your account. If you suspect any suspicious or unlawful activity, you should immediately notify us. You acknowledge that Hoobio is not responsible for third-party access to your account that results from theft or misappropriation of your account.

Payments by Individuals: Individuals may use the Services to post Content (as defined in Section 6), make travel reservations, and make purchases through the Services, the latter of which may involve fees to Hoobio and/or to the third party making the offer. For fees on specific features of the Services, see below.

Payments by Merchants: Merchants, third-party sellers, vendors, and Suppliers (defined below), may use the Services to sell goods and services on the Services and agree to pay all related fees, pursuant to separate billing and payment terms as well as our separate Advertising Policies, which are incorporated by reference for any Merchant using the Services. The amount of fees, which may include commissions, depends on the category sold. Generally, posting a “Free” offer is free. Unpaid fees are subject to a charge of 1.5% per month on any outstanding balance, or the maximum amount permitted by law, whichever is lower, plus all expenses of collection, including attorney’s fees and costs.

Fee Processing and Disputes: You agree to pay all fees, taxes, and other amounts due for any purchase(s), and you authorize collection of your related information, and transfer of the same for payment processing, for your purchase(s) through the Services; for example, Hoobio processes payments through third-party integration through Stripe, and you authorize use of the same for your purchase(s). It shall be a material breach of this Agreement if you fail to timely pay all due fees. Such failure of payment may result in suspension or termination of your Content or account, in Hoobio’s sole discretion. To the fullest extent permitted by law, if you dispute any issue(s) relating to fees, you must promptly notify Hoobio in writing of the dispute and submit any evidence supporting your position within 30 days after the dispute arose by emailing Company at privacy@hoobio.com and you waive all claims related to fees not so disputed.

Partners: If you are a Company Partner, a separate agreement will supersede this Agreement where the terms expressly conflict or as otherwise outlined in such separate agreement.

6. User Content and DMCA Policy.

Content: You agree that any information, content, text, links, graphics, photos, audio, videos, data, or other materials or arrangements of materials uploaded, downloaded, shared, displayed, or provided by you in connection with the Services, including your comments, posts, free offers, deals, communications, name, username, likeness, personal characteristics, image, voice, and profile picture (collectively, “Content”) are provided subject to this Agreement. You agree that such Content will be, as applicable, truthful, substantiated, lawful, and non-misleading and will not contain material that infringes on another’s copyright, trademark, or other proprietary rights. Company may access, review, screen, edit, suspend, pause, and delete your Content and your account at any time and for any reason, including to provide and develop the Services, to investigate any suspected violation of this Agreement or applicable laws, and to comply with applicable laws; however, Company has no obligation or duty to do so. You alone remain responsible for your Content and for ensuring that your Content fully complies with all applicable laws. You should carefully consider what Content to post or provide; once Content is public or has been distributed to third parties, you may not be able to control its disclosure, even if you delete an original post. Any use or reliance on any Content or materials posted via or obtained by you through the Services is at your own risk. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content on the Services or endorse any opinions expressed on the Services. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control your Content or others’ Content posted via the Services, and we cannot take responsibility for such Content. Under Section 230 of the Communications Decency Act, we have complete immunity for user or third-party statements.

License: While you retain your rights to your Content, by using the Services, you grant Company a worldwide, royalty-free, sublicensable, assignable, revocable (to the extent not published), and transferable license to host, store, use, display, run, modify, adapt, edit, publish, translate, and distribute your Content, as well as a perpetual license to exhibit, broadcast, syndicate, publicly perform, and publicly display Content in any form and in any and all media or distribution methods (now known or later developed), in connection with the Services, including for marketing purposes. You agree that your sole consideration for this license is your ability to use the Services as intended. You represent and warrant that you have all rights, interest, ownership, power, and authority necessary to grant the rights and license granted in this Agreement for your Content.

DMCA Policy: Pursuant to the Digital Millennium Copyright Act ("DMCA"), if you believe content on the Services violates your copyright(s), you may submit a "Notice” to our Copyright Agent with the subject line “DMCA Notice”:

Copyright Agent

24-47 44 street
Astoria, NY 11103
Office 2
Tel 347-286-9291

 

Your Notice must contain:

 

(a) a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;

(b) an identification of the copyright claimed to have been infringed;

(c) a description of the nature and location of the material that you claim infringes on your copyright, in sufficient detail to permit us to find and identify that material;

(d) your name, address, telephone number, and email address; and

(e) a statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent, and (ii) under penalty of perjury, that all of the information contained in your Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

 

We will respond to compliant Notices, including as appropriate, by removing or disabling links to the offending material. If we take action, we will make a good faith attempt to contact the party who made the content available at the party’s most recent email address. Under the DMCA, you may be liable for damages based on material misrepresentations in your Notice. You should also make a good-faith evaluation regarding fair use. If you are unsure about a Notice, you should first contact an attorney. We are not an attorney and cannot provide you with legal advice.

If you have a good faith belief that we removed your content in error, you may submit a “Counter Notice” to us with the following information:

(a) your name, address, and phone number;

(b) any ID found at the bottom of any notification;

(c) the location of the content we removed;

(d) a statement under penalty of perjury that you have a good faith belief that the content was removed in error;

(e) a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the applicable parties may be found, and that you will accept service of process from the person who provided the original complaint; and

(f) a physical or electronic signature.

 

If we receive notice that a user has repeatedly infringed copyrights, we may suspend and/or terminate the user’s account or take any other action in our discretion under our repeat infringer policy. We reserve all rights to terminate or suspend any user for violation of our Terms.

7. Prohibited Conduct.

By using the Services, you agree to not violate any terms of this Agreement or any applicable laws. You are solely responsible for your use of the Services, your account, and your Content. You further agree to not do, attempt to do, or assist another in doing the items prohibited by this Section. Company reserves the right to refuse or cancel services, suspend or terminate accounts, or remove or edit any content in Company’s sole discretion.

Hoobio is intended to be a safe and welcoming community free from discrimination. When using the Services, you agree to not demean, degrade, discriminate, or show or incite hatred against any individual or user, including, without limitation, on the basis of a protected class.

In addition, without limitation, you will not use the Services in a manner that:

• violates any applicable laws or regulations;

• violates or infringes our or another’s rights of publicity, privacy, copyright, trademark, or other intellectual property right;

• bullies, harasses, or intimidates; defames;

• spams users without express consent; use another’s account;

• posts any material that contains pornography, graphic violence, threats, hate speech, or incitements to violence;

• uploads viruses or other malicious code or otherwise compromise the security of the Services; attempt to circumvent any content-filtering techniques;

• probes, scans, or tests the vulnerability of our Services or any related system or network;

• encourages or promotes any activity that violates this Agreement or any applicable laws;

• could disable, overburden, damage, or impair the Services;

• uses any robot, spider, scraper, or automatic device to access the Services or user data for any reason without our prior express consent;

• uses the Services for any commercial purpose without our prior express consent;

• introduces any virus or other malware to any Company website, application, or related servers;

• makes any false, illegitimate, misleading reservation or purchase;

• makes any reservation or purchase on behalf of another for whom you are not legally authorized to act or fails to inform persons about applicable reservations and these Terms;

• imposes an unreasonable or disproportionately large load on our infrastructure;

• gains access to any aspect of the Services that you are not authorized to access;

• attempts to or actually does copy, modify, distribute, sell, assign, or lease any part of our Services, or reverse engineer or attempt to extract the source code relating to the Services, without our prior express consent;

• constitutes or furthers any resale or sublicense the Services;

• engages in any conduct that restricts or inhibits the use of the Services by any other person, or which, as determined by Company, may harm Company or third parties or expose them to liability.

You agree to comply with all terms and policies relating to authorized and prohibited conduct on the Services. You further agree to not post or transmit any “Objectionable Content” on or using the Services, including any Content or information that:

• is libelous, defamatory, abusive, threatening, excessively violent, harassing, discriminatory, obscene, lewd, lascivious, filthy, or pornographic;

• constitutes child pornography or violation of child rights;

• solicits personal information from or exploits in a sexual or violent manner anyone under the age of 18;

• incites, encourages, or threatens physical harm or violence against another;

• promotes or glorifies racial intolerance, uses hateful and/or racist terms, or signifies hate toward any person or group of people;

• glamorizes the use of illegal substances and/or drugs;

• advertises or otherwise solicits funds or constitute a solicitation for goods or services, except in the appropriate features of the Services, such as the “Deals” tab;

• violates any provision of this Agreement or any other Hoobio agreement or policy;

• discloses another's personal, confidential, or proprietary information;

• is false or fraudulent;

• contains images or videos of individuals captured or posted without their consent;

• is political;

• promotes self-destructive behavior (including without limitation eating disorders or suicide); or

• is generally offensive, divisive, rude, mean-spirited, or in bad taste, as determined by Hoobio in its sole discretion

(collectively, "Objectionable Content"). Hoobio disclaims any perceived, implied, or actual duty to monitor content made available through the Services, and specifically disclaims any responsibility or liability for information provided on the Services. Without limiting any of its other remedies, Hoobio reserves the right to terminate your use of the Services or your uploading, posting, transmission, display, performance, or distribution of Objectionable Content. Hoobio, in its sole discretion, may delete any Objectionable Content from its servers. Hoobio intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

Hoobio may suspect or delete accounts, cancel any reservations, purchases, or bookings if there are signs of fraud, abuse, suspicious activity, or violation of these Terms or any applicable law, without limiting any rights to pursue legal action. To contest any action by Hoobio, please contact us as outlined herein.

8. Intellectual Property and Limited License.

Hoobio (or its licensors, partners, providers, or suppliers) owns all right, title, and interest in and to the Services, including the infrastructure and all related technology and intellectual property and proprietary content, including all related software, copyrights, and trademarks, including HOOBIO and THE APP THAT MATTERS. All content included as part of the Services, such as text, graphics, logos, audio, video, images, content, software, and materials, as well as the compilation thereof, is the property of Hoobio (or its licensors, partners, providers, or suppliers), subject to third-party and user Content. Company reserves all rights in its intellectual property and proprietary content. You agree to abide by all copyright and other proprietary notices, legends, or other restrictions and to not make any changes thereto. Subject to your full compliance with this Agreement and all applicable laws, Hoobio grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services as intended and solely in compliance with the Agreement. For example, you may make limited copies of your travel or event itinerary or purchase receipt for purchases made through the Services. You shall not otherwise copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from or through the Services. Hoobio reserves all rights and does not grant you any licenses, express or implied, except as expressly authorized by this Agreement. Hoobio claims no other ownership, affiliation with, or endorsement of any photos, videos, or text submitted by end providers.

9. Disclaimers of Warranties.

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS OWNERS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES OR THE OPERATION OF ANY WEBSITE OR MATERIALS PROVIDED THROUGH THE SERVICES. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY ASPECT OF THE SERVICES OR MATERIALS. COMPANY IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECTS, WHETHER HUMAN OR TECHNICAL IN NATURE. COMPANY DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO YOUR FAILURE TO KEEP ANY ACCOUNT CREDENTIALS OR OTHER DATA SECURE. COMPANY OR SUPPLIERS MAY MAKE UPDATES AND CHANGES TO THE SERVICES AT ANY TIME. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTY, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

You assume all risks of using the Services. Hoobio is not responsible for reviewing third-party content, including third-party advertisements or terms for deals and offers. You accept that, by using the Services, you may be exposed to content that is inaccurate, incomplete, misleading, offensive, or contrary to your needs or applicable laws; and you understand that there are risks when dealing with other parties online. You assume those risks and all risks of using the Services. It is your responsibility to conduct your own due diligence, including through any interviews, research, and reference checks, and you are solely responsible for your interactions with other users, including when communicating with other users or third-party sellers and when making any purchases. Further, Hoobio is not responsible for storing or maintaining any information, subject to applicable laws, and you should make and keep copies of your own data. You acknowledge that a catastrophic disk failure or other similar event could result in the loss of all of the data related to your account. You understand it is your responsibility to back up your data to your personal computer or external storage device and to ensure such backups are secure.

We are constantly updating product and service offerings. We may experience delays in updating information on the Services and in our advertising on other websites. The information found on the Services may contain errors or inaccuracies and may not be complete or current. While Hoobio reserves the right to remove content from the Services, for errors or for violating these Terms, it does not assume any obligation to do so and disclaims any liability for failing to do so.

10. Limitations of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS OWNERS AND AGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY THEORY, ARISING OUT OF OR RELATED TO THE SERVICES, REGARDLESS OF NOTICE. THESE LIMITATIONS REFLECT A VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. HOOBIO IS NOT LIABLE OR RESPONSIBLE FOR ANY ACT, ERROR, CONTENT, REPRESENTATION, OMISSION, VIOLATION, OR BREACH OF OR BY ANY THIRD PARTIES, INCLUDING ANY USERS, PARTNERS, SUPPLIERS, LICENSORS, OR PROVIDERS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMPANY, WHETHER UNDER CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TO COMPANY, IF ANY, IN THE PAST 3 MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

11. Indemnification.

You knowingly and freely assume all risk when using the Services. You agree to defend, indemnify, and hold harmless Hoobio and its parents, subsidiaries, employees, agents, owners, and licensors (who shall be third-party beneficiaries), from and against any claims, damages, losses, liabilities, costs, attorney’s fees, and expenses arising out of or related to any third-party claim relating to your use of the Services, your account, your Content, your breach or alleged breach of this Agreement, or your violation or alleged violation of any applicable law or rights of any third party. You may not settle any such claim without the written consent of Hoobio.

12. Third-Party Content.

Hoobio is not responsible for third-party websites, applications, links, goods, services, posts, information, or content, even if made available through the Services. Hoobio does not control third parties, and your reliance on the same is entirely at your own risk. Hoobio does not formally endorse any third party, even if third parties are referenced through the Services.

13. Communications.

By submitting your contact information through the Services, you expressly agree to be contacted by Hoobio and its agents, including for marketing purposes. You may opt out of marketing communications at any time by following the instructions in each communication or contacting us. If you opt out, we may still send you non-promotional communications, such as updates to this Agreement or our Privacy Policy. You agree that all notices and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

14. Termination and Modification.

Hoobio may change or terminate the Services from time to time without any notice to you. Hoobio may terminate this Agreement at any time by discontinuing the Services or upon notice to you. Further, Hoobio may modify the terms of this Agreement at any time upon notice, such as posting a new version via the Services, and you should review the Agreement each time you use the Services. This Agreement may not otherwise be amended except in writing, signed by both Parties. Provisions regarding dispute resolution, intellectual property, relationships, disclaimers, limits of liability, indemnification, and miscellaneous terms will expressly survive any termination, provided that any termination terminates your limited license to use the Services.

15. Miscellaneous.

These Terms are subject to any applicable laws and provisions are void in any locations where prohibited. This Agreement does not create any partnership, joint venture, employment, or agency. The failure by either party to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit such party’s right to enforce such provision at a later time. All waivers by must be in writing to be effective. You may not assign or transfer this Agreement or any rights or obligations without the prior written consent of Hoobio. Hoobio may assign its rights and obligations under this Agreement and may engage subcontractors or agents in performing its duties and exercising its rights under this Agreement, without your consent. The Agreement will be binding on and will inure to the benefit of the parties’ successors and permitted assigns. This Agreement, along with any other applicable Hoobio terms and policies, is the entire agreement between you and Hoobio regarding the subject matter of this Agreement and supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and Hoobio, whether written or verbal, regarding the subject matter of this Agreement. Subject to the arbitration provision terms, this Agreement is governed by the laws of the State of New York. You have the right to consult an attorney before agreeing to the terms of this Agreement. Except as expressly provided otherwise, if any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to the effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement, but the rest of the Agreement will remain in full force and effect. Hoobio will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond Hoobio’s reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, pandemics, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. Hoobio's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Company's right to comply with governmental, court, or law enforcement requests or requirements. A printed version of this Agreement and of any notice given in electronic form shall be admissible in proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Nothing in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements. It is the express wish to the parties that this Agreement and all related documents be written in English.

16. Contact.

Please contact us with any questions at:

Hoobio Inc.

24-47 44 Street

Astoria, NY 11103

Office 2

Tel 347-286-9291

TERMS SPECIFIC TO TRAVEL DEALS

17. Introduction; Incorporation of General Terms

Sections 17 through 27 of this Agreement (the “Travel Terms”) apply to you with respect to any interactions or transactions involving booking hotel, flight, car rentals, cruises, or other travel reservations through the Hoobio Services. The General Terms for all users stated above in Sections 1 through 16, inclusive, extend and apply to your interactions or transactions involving the Hoobio website or Services and are incorporated into these Travel Terms by reference.

18. Travel Deals; Separate Supplier Terms

If you make a reservation related to a third-party Supplier, you agree to abide by that Supplier’s terms and conditions, including but not limited to payment of all fees when due and any other rules and restrictions, which are available through each Supplier’s website. For example, federal law forbids the carriage of hazardous materials aboard aircrafts, and hotels and rental car companies have age minimums for reservations. Hotel Suppliers require you to present a valid form of identification and a credit card at check-in to cover incidentals and any additional expenses or fees. You are solely responsible for ensuring that you meet travel policies and requirements, including for any identification, travel documents, foreign entry conditions, and any travel prohibitions and advisories. Some Suppliers may require you to sign their agreements. Hotel Suppliers may prohibit group reservations of more than 8 rooms for the same stay; if you wish to make a group purchase, you should contact us first, or your reservation may be cancelled, and you may be asked to sign a written contract and/or pay a nonrefundable deposit. Violation of these Terms or any Supplier terms, rules, or restrictions may result in cancellation of your reservation(s), in your being denied access to the goods or services, in your forfeiting any monies paid, and in our debiting your account for any costs incurred. For certain purchases, Hoobio or the Supplier may need to verify the validity of your payment card and/or the availability of funds to pay for your booking. Suppliers may change their prices without notice. We reserve the right to cancel your booking if full payment is not received when due. 

 

19. Consumer Fees

 

You authorize Hoobio to book reservations for the total price, which includes the subtotal rate displayed on the Services along with taxes and any fees from the respective Supplier and Hoobio. You agree that your credit or debit card will be charged by Hoobio for the total price. You understand that Hoobio charges fees to you for certain travel purchases, including to facilitate and service your travel reservation and provide customer service. Hoobio negotiates certain rates with Suppliers to facilitate the booking of reservations, and you are responsible for paying Hoobio any service fee disclosed to you at the time of purchase to facilitate your reservation and for any other fees, such as any fees for cancellation, additional baggage, parking, or amenities. Hoobio does not collect taxes to pay to taxing authorities. The tax recovery charges on prepaid Supplier transactions are a recovery of the estimated taxes that Hoobio pays to the supplier. The actual tax amounts paid may vary from the tax recovery charge amounts. The amount charged to your credit card by the Supplier may be slightly different due to currency fluctuations. Your statement may also include a fee from your card issuer to process the transaction plus any applicable taxes. Any currency rates are based on available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Your payment is processed in the United States, when we process your payment. When the travel Supplier processes your payment, it will be processed in the country in which the travel Supplier is based (see separate Supplier terms).

 

20. Refunds

 

Refunds, changes, cancellations, exchanges, and transfers are subject to the terms of the respective Supplier. Unless otherwise stated, and to the extent allowed by applicable laws, all bookings are final and cannot be refunded, changed, cancelled, exchanged, or transferred to another party. Your credit card will be charged for the amount shown even if you do not use the booking. Where you are eligible for a refund, you can request such a refund from Hoobio’s customer service, who will submit your request to the Supplier on your behalf. For more information, see Hoobio’s Refund Policy for Travel Deals.

 

21. Cancellations or Changes

 

You may cancel or change your reservation, but you will be charged the cancellation or change fee indicated to you. You agree to pay any cancellation or change fees. For example, if you do not cancel or change your hotel reservation before the policy period applicable to the Supplier with whom you reserved prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges, and service fees. Some Suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. In some cases, and if a reservation is noted as non-refundable, Suppliers do not permit changes to or cancellations of reservations.

 

22. Health and Safety

 

It is your sole responsibility to ensure that you meet all health entry requirements and policies, including for any COVID-19 vaccinations or tests. Hoobio does not represent or warrant that travel to any certain location is advisable or without risk and is not liable for damages or losses that may result from your travel. You are solely responsible for reviewing any pertinent travel or health advisories prior to making your purchase or traveling. If applicable, consult your physician. Hoobio expressly disclaims any liability for your violation of any Supplier or government health and safety requirement, policy, or guideline.

 

23. Errors

 

The Services may include inaccuracies or errors, including pricing errors. Hoobio does not guarantee the accuracy of and disclaims all liability for any errors or other inaccuracies relating to the information and description of Suppliers and reserves the right to correct any pricing or other. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation. Travel ratings on the Services are intended as only general guidelines, and Hoobio does not guarantee the accuracy of the ratings. Hoobio makes no guarantees about the availability of specific products and services. Suppliers are independent contractors and not agents or employees of Hoobio. If no “filter” “sort” or “search”” options are selected, we will show a range of relevant options in the search results based on our default algorithms to try to provide quality Services. We continually optimize our Services, and we may test different default sort order algorithms. 

 

24. Maps Terms

 

Where applicable, your use of the Services is subject to Microsoft and Google terms and privacy policies. Please see Microsoft’s and Google’s websites for more information.

 

25. Rewards/Discounts

 

Hoobio may offer rewards, discounts, coupon codes, and promotions, from time to time, as outlined to you at the time of purchase.

 

26. Registrations

 

Hoobio is a registered seller of travel in each of the US states listed below:

 

• California registration number:

• Florida registration number:

• Hawaii registration number:

• Washington registration number:

• New York registration number:

 

Registration as a seller of travel in California does not constitute the State’s approval.

 

27. Disclaimer of Warranties

 

The third parties, including Suppliers, providing travel or other goods or services through the Services are independent contractors and not agents or employees of Hoobio. Hoobio does not provide any hotel rooms, airfare, cruises, rental cars, meals, equipment, or tickets of any kind. Hoobio has no control over, and makes no representations regarding the quality, safety, or suitability of goods or services offered by third parties, including Suppliers, whether or not reservations are made available through the Services. If you have a dispute with a Supplier or other third party, or suffer any damage, harm, bodily injury, or loss, you hereby expressly release and forever discharge Hoobio along with its officers, directors, employees, agents, subsidiaries, joint venturers, partners, and assigns, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

TERMS SPECIFIC TO FREE OFFERS AND DEALS

28. Introduction; Incorporation of General Terms

 

Sections 28 through ­­­­38 of this Agreement (the “Free Offers and Deals Terms”) apply to you with respect to any interactions or transactions involving posting Content or using the Services for Free Offers or Deals. The General Terms for all users stated above in Sections 1 through 16, inclusive, extend and apply to your interactions or transactions involving the Hoobio website or Services and are incorporated into these Free offers and Deals Terms by reference.

29. General

 

The Hoobio Services also serve as a platform that allows and third-party Merchants who comply with the Agreement to post Content about Deals and Free Offers on the Services where users can purchase (“Buyers”). Hoobio does not investigate or vet Merchants who post Content or use the Services in this capacity. Hoobio is not responsible for any claims made in the Content or associated with the description of the Deals or Free Offers.

 

30. Hoobio’s Limited Role; Disclaimer

 

Hoobio’s role is limited because it is not directly involved in the posting of Content or sale/purchase of Free Offers and Deals. Without limitation, Hoobio does not guarantee that it will pre-screen Merchants or Buyers. Nor does Hoobio guarantee the identity of any user. Hoobio does not necessarily prescreen the Content and/or information provided by users. Hoobio does not directly control the quality of any aspect of the items listed or the Merchant services and logistics associated with the sale, including the accuracy of any content related to any listing. Hoobio does not guarantee that any user, Buyer or Merchant, will complete transactions. Unless stated otherwise in this Agreement, Merchants are responsible for product warranties and customer service, and Buyers are responsible for conducting their own due diligence. Hoobio does not take or transfer ownership of items or liability attaching thereto. You understand that we are a listing service and have no responsibility for the Content, accuracy, completeness, or lawfulness of any listing that is posted or sold by Merchants. Hoobio does not guarantee that any Buyer or Merchant will fulfill any statements published through the Service about any Content, Deals or Offers. Hoobio does not take or transfer ownership of items or liability. Under Section 230 of the Communications Decency Act and similar laws, Hoobio is a platform service and not the publisher or speaker of any third-party content, including Deals or Free Offers.

 

31. Merchant Responsibilities

Unless stated otherwise in this Agreement, Merchants are solely responsible for any applicable taxes; return policies, returns, replacements, and refunds; product and service warranties; and customer service associated with the sale of and/or purchase of any Free Offers or Deals. Merchants can post deals for goods and services on the Services subject to any other applicable terms or policies, including for billing and our separate Advertising Policies. Merchants must clearly and conspicuously post any applicable terms and policies, including for refunds, returns, shipping, and exchanges. Absent clear refund terms, Merchants agree to offer a 30-day refund, consistent with Hoobio’s Refund Policy. If a Buyer qualifies for a refund, the amount will be deducted from, or transferred to, your account; if applicable, the Buyer will ship returned items back to the respective Merchant directly. Hoobio typically holds payments for about two weeks to verify that a transaction is successful and not fraudulent. Hoobio may take other reasonable actions to prevent actual or suspected fraud or violation of these Terms or applicable laws; and if your deals or account are suspected of fraudulent activity, Hoobio may withhold funds for 90 days and suspend your sales and payments while your transactions clear.

32. Buyer Responsibilities

Buyers can purchase Merchants’ third-party deals subject to each Merchant’s applicable terms and policies, including for refunds, returns, shipping, and exchanges. Absent other terms, there is generally a 30-day refund. For more information, see Hoobio’s Refund Policy. Hoobio does not offer, sell, or ship any goods or services in the “Deals” tab on the Services; and Hoobio disclaims all liability for third-party deals. Buyers are solely responsible for conducting their own due diligence regarding any Offers or Deals.

33. Application and Registration for Merchant Account

 

In order to engage in any activity through which you derive a commercial benefit or pecuniary gain from your use of the Services (“Commercial Activity”), you are required to first to register for a special merchant account (“Merchant Account”). Merchant Accounts are generally not transferable. Merchant Accounts provide access to the tools and resources that Merchants use to post their Content and to manage their orders. Every Merchant using the Services must have a Merchant Account. If you are a business with a Merchant Account, and the ownership of the business changes for any reason, the new owner needs to establish a new Merchant Account. If the ownership of a business isn't changing, but the individuals responsible for managing the Merchant Account have changed, you can add users to the account.

You agree not to engage in any Commercial Activity unless and until Hoobio grants your application for registration of a Merchant Account.

34. Right to Reject Content

 

You are responsible for your Content and, as such, you agree to defend, indemnify, and hold harmless Hoobio from and against any and all claims, actions, demands, causes of action, and other proceedings including but not limited to legal costs and attorney’s fees, arising out of or relating to your Content. Hoobio reserves the right, in its sole discretion, to reject any Content for any reason.

35. Third Party Service Providers

 

Merchants may advertise goods, services or experiences provided by third party service providers (“Service Providers”) on the Services, that may require some Service Providers to have an up-to-date regulatory authorization, license, or certification. Hoobio does not verify, validate, or collect evidence of any regulatory authorization, license, or certification from any Service Providers (including, without limitation, beauty & spa service providers or health & fitness service providers). You should make whatever investigation you deem necessary or appropriate before purchasing any Deals or Offers to determine whether: (i) the Service Provider is qualified to provide the advertised good or perform the advertised service; or (ii) the product is of the care and quality required. Merchant is solely responsible for the care and quality of the goods and services being provided or the care and quality of any products sold.

36. Free Offers

Merchants can post “Free Offers” deals subject to any other terms outlined at the time of posting and Hoobio’s separate Advertising Policies. For example, Merchants must comply with all applicable laws and Federal Trade Commission guidelines regarding “free” deals. Posts must only be for free deals and may not require any purchase or consideration for the free offer.

TERMS SPECIFIC TO EVENTS

37. Introduction; Incorporation of General Terms

 

Sections 37 through ­­­­38 of this Agreement (the “Events Terms”) apply to you with respect to any interactions or transactions involving using the Services for Events purchases. The General Terms for all users stated above in Sections 1 through 16, inclusive, extend and apply to your interactions or transactions involving the Hoobio website or Services and are incorporated into these Events Terms by reference.

38. Events

 

Hoobio’s Services allow you to find and book event tickets using the API of our partner, Ticketmaster. By using our “Events” Services, including making a ticket purchase, you agree to be bound by the separate terms and policies of Ticketmaster. See Ticketmaster’s Terms of Use.

 

TERMS SPECIFIC TO WHAT’S NEW

 

39. Introduction; Incorporation of General Terms

 

Sections 39 through ­­­­40 of this Agreement (the “What’s New Terms”) apply to you with respect to any interactions or transactions involving posting Content in the What’s New Section. The General Terms for all users stated above in Sections 1 through 16, inclusive, extend and apply to your interactions or transactions involving the Hoobio website or Services and are incorporated into these What’s New Terms by reference.

40. What’s New

 

Merchants and users can post in the “What’s New” section subject to any other terms outlined at the time of posting. These posts will generally be available for 30 days from the posting date. For more information, see our Advertising Policies and Section 7.