© , Roadracing World Publishing, Inc.
Hookit (“we”, “us” or “our”) is a networking service for athletes, businesses and sports, which allows Members to create unique personal profiles online in order to find and communicate with other Members and one or more participating businesses who offer programs or deals to athletes (“Athlete Programs”). The services offered by Hookit may include third-party Hookit-branded URLs and community sites (the “Community Sites”), spots, events and contest services, Hookit mobile services, Hookit messaging services (including, without limitation, private messaging, email, and deal alert services), and any other features, content, or applications offered from time to time by Hookit in connection with Hookit’s business (collectively, the “Hookit Services”). The Hookit Services are hosted in the United States.
If you are using the Hookit Services on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. You are authorized to use the Hookit Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the Hookit Services, you must indicate your acceptance of this Agreement during the registration process.
Hookit reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the Hookit Services. All material modifications will apply prospectively only. Your continued use of the Hookit Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Hookit Services immediately.
You may receive a copy of this Agreement by printing it from your Internet browser.
1. License to the Hookit Services. Subject to your performance of all of the provisions of this Agreement, including payment of all applicable fees, Hookit hereby grants you, a limited, terminable, personal, non-exclusive license to access and use the Hookit Services contained and solely as provided herein. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with Hookit. You shall be exclusively responsible for the supervision, management, and control of your user login and password to access the Hookit Services. You shall ensure that you properly exit the Hookit Services at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these terms. Your right to use the Hookit Services is not transferable. You will use the Hookit Services in accordance with all applicable laws. Hookit may, without notice, terminate your access to the Hookit Services or take other actions as are reasonably necessary to comply with legal requirements and as necessary to protect Hookit’s network, information and the security and integrity of the Hookit Services.
2. Restrictions. You are solely responsible for any and all acts and omissions that occur under your user login and password, and you shall not to engage in unacceptable use of the Hookit Services, which includes, without limitation, use of the Hookit Services to transmit material that: (a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming,” or otherwise is an advertisement to, or solicitation of, any Member or Sponsor to buy or sell any products or services through the Service; (d) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as utilizing images without authorization from photographers, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (g) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (h) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (j) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (k) is deemed by Hookit to be in conflict with the spirit or intent of this Agreement. Hookit reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. YOU SHALL BE RESPONSIBLE FOR ALL CHARGES INCURRED THROUGH USE OF YOUR LOGIN CREDENTIALS.
3. Membership Eligibility in Hookit and Community Sites. Membership in the Service is void where prohibited. No minors under the age of 13 may use or access the Hookit Services or Community Sites unless Hookit receives consent from the minor’s parents or legal guardian. However, no minors under the age of 13 may become a Member of the Monster Army or of the MonsterArmy.com Community Site even if consent has been provided by a minor’s parents or legal guardian. By agreeing to this Agreement as a Member, You will not provide any false information to us, or create a Member profile for anyone other than yourself. Further, you agree that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You are solely responsible for all content published or displayed through your account, including any messages sent to and for your interactions with Athlete Programs and Members.
To register with Hookit or a Community Site, you must provide a valid e-mail address and password (together, your “User ID“), as well as certain other information. You may provide only true, complete and current information about you. Your User ID gives you access to your Hookit account and features of Community Sites that you join. You may not allow anyone else to access or use your Hookit account or User ID. You are responsible for all activities that occur under your Hookit account or User ID. You may not disclose your User ID to anyone else. You agree to immediately notify us if you believe there may be any unauthorized access or use of your Hookit account or User ID, or any other security concern. You may not sell, assign or transfer your Hookit account or User ID.
4. Athlete Program and Brand Insider Programs. THERE IS NO GUARANTEE THAT YOU WILL WILL BE OFFERED OR GIVEN A DEAL AS A RESULT OF USING THE HOOKIT SERVICES. To the extent that you enter into a Athlete Program transaction or Brand Insider program, you acknowledge that you may not disclose to any third party any information acquired through the Service, including, but not limited to, the terms of your Athlete Programs agreement, pricing and any other information deemed as confidential by the parties to the Athlete Programs or Brand Insider program transaction. You agree to follow all the requirements or terms as stated by your applicable Athlete Programs agreements as specified by the Business.
5. Term/Fees. This Agreement shall remain in full force and effect while you use the Hookit Services, and/or are a Member and/or Business user. Hookit may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your registration or such other email address as you may subsequently provide to Hookit. If Hookit terminates your access to the Service because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of fees for Services. Even after membership is terminated, the terms of this Agreement shall survive for so long as required to give them effect. Hookit reserves the right to charge for the Service and has the right to terminate Membership or rights to use the service should the user breach this Agreement or fail to pay for the Service, as required by this Agreement. You are responsible for obtaining, installing and maintaining your own internal equipment and communications services necessary to access and use the Hookit Services. You shall be solely responsible for any telephone charges, Internet access fees, and other such similar fees and expenses that you incur by accessing the Hookit Services.
Monster Army Athlete Programship Limitations. In the event the Monster Energy Company (“MEC”), in its sole and absolute discretion choses to provide you with athlete support, paid to podium, or such similar Athlete Programship opportunities, if you are under the age of 16, you will not be eligible to receive beverage products from MEC, including but not limited to MEC’s Monster Energy® energy drinks.
6. E-Commerce Shops. Hookit and Hookit Community Sites may contain links to shops of Athlete Programs that sell products to Members (“Shops”). Each Business determines eligibility to determine if you will be able to access its Athlete Program Shop. Your correspondence to or transactions with Athlete Programs, including any purchases from their Shops, and any other terms, conditions, actions, warranties or representations associated with such transactions, are solely between you and the Business. We are not responsible for examining or evaluating, and we do not warrant the products of, any of these Athlete Programs or the content of their Shops. WE EXPRESSLY DISCLAIM AND MAKE NO REPRESENTATIONS, GUARANTEES OR WARRANTIES AS TO ANY TRANSACTION CONDUCTED THROUGH ANY SHOPS, ANY PRODUCTS OFFERED THROUGH THE SHOPS, OR ANY OTHER ACTIVITY ARISING FROM OR RELATED TO THE SHOPS. PRODUCTS THAT ARE PURCHASED THROUGH SHOPS ARE PURCHASED FROM THE BUSINESS PROVIDING THE ATHLETE PROGRAM ONLY AND NOT FROM HOOKIT. In the event that you have a dispute with one or more Business, you hereby release Hookit and our subsidiaries and our respective officers, directors, and employees from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
7. Mobile Services. Hookit may offer the Services through mobile applications created by it or third party developers. If you use the Services through a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or, if your mobile device is so configured, your physical location. In addition, use of the Services through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Services using a mobile device, you represent that to the extent you import any of your Hookit data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. Please use the mobile applications responsibly. In the event features are provided to track your activities, do not use in a manner, which could cause bodily harm or injury and you hereby release Hookit from all claims and/or damages. In the event you change or deactivate your mobile account, you must promptly update your Hookit account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Hookit through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.
Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
8. Credit Card Payments. This Section shall apply if you elect to make payments on the Hookit Services using a credit card. You hereby authorize Hookit and/or its payment processor to charge all amounts owed as a result of your use of the Hookit Services to the credit card you provide to Hookit. Some Shops allow you to make payment for products you purchase from the corresponding Sponsor using Hookit’s payment processor. If you use Hookit’s payment processor to make purchases from Shops, then you also hereby authorize Hookit and/or its payment processor to charge all amounts owed as a result of your purchases on participating Shops to the credit card you provide to Hookit. You assume all responsibility for notifying us of changes in credit card numbers and/or expiration dates. We may also require a secondary credit card number to be used only if the payment to us by your primary credit card is declined. You shall additionally be responsible for and shall immediately pay Hookit, on demand, any payments that are made to us that are subject to a subsequent reversal. Questions regarding charges must be brought to the attention of our billing department within ninety (90) days after the end of the questioned billing period. Charges beyond ninety (90) days old are not subject to review, reversal or refund. YOU REPRESENT AND WARRANT THAT (I) THE CREDIT CARD INFORMATION SUPPLIED TO US IS TRUE, CORRECT AND COMPLETE, (II) PAYMENTS MADE YOU WILL BE HONORED BY YOUR CREDIT CARD COMPANY, AND (III) YOU SHALL PAY FOR ALL CHARGES INCURRED THROUGH USE OF YOUR LOGIN CREDENTIAL.
9. Taxes. You are solely responsible for payment of all sales and other taxes arising from your purchases of products from Athlete Programs through their respective Shops.
10. Non-Commercial Use. The Hookit Services are for the use of Members and Athlete Programs only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Hookit. Illegal and/or unauthorized use of the Hookit Services, including collecting usernames and/or email addresses of Members and Athlete Programs by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Hookit Services are strictly prohibited. Except as effected or permitted by Hookit, all advertisements, unsolicited mailings or advertisement to, or solicitation of, any Member or Sponsor to buy or sell any products or services through the Service is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from profiles without notice and may result in termination of membership privileges.
To protect our Members and partners from unauthorized advertising or solicitation, we reserve all rights, including, for example, to restrict the number of communications sent on or through Hookit. If you are responsible for unsolicited communications in violation of this Agreement, you acknowledge that you will have caused us substantial harm, the amount of which would be extremely difficult to determine. As a reasonable estimate of such harm, you agree to pay us Fifty Dollars (US $50.00) for each such unsolicited communication. Appropriate legal action will be taken by Hookit for any illegal or unauthorized use of the Hookit Services.
11. Proprietary Rights To Hookit Services. The content, organization, graphics, design, compilation, and other matters related to the Hookit Services are protected under applicable U.S. and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. “Hookit” our logos and others marks are either trademarks or registered trademarks of Hookit. The posting of information or materials on the Hookit Services by Hookit does not constitute a waiver of any rights in such information and materials. Hookit exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Hookit Services, and all modifications and derivative works thereof, and all intellectual property rights related thereto. You shall not challenge, contest or otherwise impair Hookit’s ownership of the Hookit Services and the content therein or the validity or enforceability of Hookit’s intellectual property rights related thereto. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Hookit Services at any time without notice.
12. Our Rights To Your Content. You understand and agree that Hookit may review and delete any content, news, messages, requests for Athlete Programs, offers for Athlete Programs, Athlete Program agreements, photos, videos, comments, blogs or profiles (collectively, “Content”) that in the sole judgment of Hookit violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member or user. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service or any material or information that you transmit to other Members and Athlete Programs. By posting Content on any public area of Hookit, you automatically grant as well as represent and warrant that you have the right to grant to Hookit, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and that Hookit has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
13. Copyright Policy. None of the material on the Hookit Services may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of Hookit. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of Hookit or any third party. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our office with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Hookit Services; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Hookit’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Hookit, Attn: Copyright Agent, 3398 Carmel Mountain Rd, Suite 100, San Diego, CA 92121.
14. Posting On The Hookit Services. Please choose carefully the information you post on the Hookit Services and that you provide to others. Your Hookit profile may include personally identifiable items, including: email addresses, telephone numbers and street addresses. This information is not visible to others unless you submit an application to join an Athlete Program to a participating listing or accept an unsolicited offer to join an Athlete Program. The information is then viewable for the purpose of the Business to communicate with you regarding the status of your Athlete Program and to send necessary material to activate your Athlete Program. Do not include personally identifiable information in areas other than designated within your profile. Hookit reserves the right, in its sole discretion, to reject, refuse to post or remove any profile, request or offer for Athlete Programs, or posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Hookit Services at any time, for any or no reason, with or without prior notice, and without liability. Your participation in any offline Hookit event is at your sole risk.
16. DISCLAIMER. THE HOOKIT SERVICES AND THE MATERIALS CONTAINED HEREIN, SHOPS AND ALL CONTENT AND PRODUCTS THEREIN, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, HOOKIT DISCLAIMS (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE HOOKIT SERVICES; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE HOOKIT SERVICES OR CIRCUMSTANCES OVER WHICH THE ORGANIZATION HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE HOOKIT SERVICES MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. HOOKIT SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE HOOKIT SERVICES OR USE OF ANY INFORMATION ACCESSED OR PRODUCTS PURCHASED THROUGH ANY SHOPS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOOKIT THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND. Hookit is not responsible for the contents of any linked sites or any link contained in a linked site, or any changes or updates to such sites.
18. Consumer Protection Laws. THE HOOKIT SERVICES ARE BUSINESS PRODUCTS, THE APPLICATION OF WHICH IS COMMERCIAL, RATHER THAN CONSUMER-ORIENTED, IN NATURE. IN ACCEPTING THIS AGREEMENT, YOU RECOGNIZE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT CONSUMER PROTECTION LAWS DO NOT APPLY TO THE TRANSACTIONS CONTEMPLATED HEREBY.
19. Remedies. You hereby acknowledge that if Hookit, in its sole discretion, determines you to be in breach of these Terms and Conditions, Hookit may restrict, suspend, or terminate your access to all or any part of the Hookit Services or terminate your membership with the Hookit Services with or without notice. Termination hereunder shall be without prejudice to any other right or remedy to which Hookit may be entitled hereunder or at law.
20. Indemnity. You hereby indemnify and hold Hookit, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless against all damages, claims, liabilities, losses and other expenses, including without limitation reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that arise out of or relate to (i) your use of the Hookit Services; (ii) your breach of this Agreement and/or any breach of your representations and warranties set forth above; (iii) any products you purchase from Athlete Programs, through their Shops or otherwise, and all product liability and other claims you may have against the provider of an Athlete Program or any other party arising from the use of such products; (iv) any disputes you may have; and/or (v) your participation in any offline Hookit event.
21. Links To Other Web Sites, Athlete Programs, And Services. To the extent this Site contains links to outside services and resources, you agree that your use of such links is solely at your own risk and that any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Athlete Programs and other outside service providers and resources, and their respective employees and agents are not related to Hookit and Hookit is not responsible for any of their conduct, acts or omissions.
22. U.S. Export Controls. Software from the Hookit Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Hookit Services or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
23. Disputes. If there is any dispute about or involving the Hookit Services, you agree that any dispute shall be governed by the laws of the State of California without regard to conflict of law provisions. Any dispute or claim arising from this Agreement or the breach thereof shall be settled by binding arbitration conducted by JAMS/Endispute (“JAMS”) in accordance with the JAMS comprehensive Arbitration Rules and Procedures (“Rules”). The arbitration shall be heard by one arbitrator to be selected in accordance with the Rules, in San Diego County, California. Judgment upon any award rendered may be entered in any court having jurisdiction thereof. Within seven (7) calendar days after appointment the arbitrator shall set the hearing date, which shall be within ninety (90) calendar days after the filing date of the demand for arbitration. The parties agree to a mutual exchange of relevant documents and the taking of up to a maximum of five (5) depositions by each party to last no more than two (2) calendar days in aggregate for each party. Both parties waive the right, if any, to obtain any award for exemplary or punitive damages or any other amount for the purpose or imposing a penalty from the other in any arbitration or judicial proceeding or other adjudication arising out of or with respect to this Agreement, or any breach hereof, including without limitation any claim that said Agreement, or any part hereof, is invalid, illegal or otherwise voidable or void. In addition to all other relief, the arbitrator shall have the power to award reasonable attorneys’ fees to the prevailing party. The arbitrator shall make his or her award no later than seven (7) calendar days after the close of evidence or the submission of final briefs, whichever occurs later. Notwithstanding anything to the contrary, if either party desires to seek injunctive or other equitable relief that does not involve the payment of money, then those claims shall be brought in a state or federal court located in San Diego County, California, and the parties hereby irrevocably and unconditionally consent to personal jurisdiction of such courts and venue in San Diego County, California in any such action for injunctive or equitable relief.
24. Member And Athlete Program Disputes. Your interactions, communications and transactions (online or offline) with any other Member, user, Business, Outside Site or other organization that you find on or through Hookit or the Community Sites are solely between you and them, and are your sole responsibility. We reserve the right, but have no responsibility, to monitor or become involved in disputes between you and such other Members, users or organizations. If you have such a dispute, you release us and our respective officers, directors, employees, agents, subsidiaries, affiliates, licensors, licensees, operational service providers, Advertisers and suppliers (collectively, “Released Parties“) from all claims, demands and damages actual and consequential, know or unknown, arising from or related to the dispute.
25. Miscellaneous. Should any part of this Agreement be held invalid or unenforceable, that portion shall be severed and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce that or any other provision of this Agreement. In the event a dispute arises regarding this Agreement or the use of the Hookit Services, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled.
26. Authority. If you are entering into this Agreement on behalf of an entity, you represent and warrant that you have the authority from your respective governing body to enter into this Agreement and to bind your respective company to all the terms and conditions of this Agreement.
COMPLETING THE REGISTRATION PROCESS WILL BE THE LEGAL EQUIVALENT OF YOUR SIGNATURE ON A WRITTEN CONTRACT, AND EQUALLY BINDING. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO CREATE AN ACCOUNT AND USE THE SERVICE.