HOJ INNOVATIONS, LLC

WEBSITE TERMS OF USE

Last updated on July 17, 2020

Welcome to the Hoj Innovations, LLC (“Us”, “We” or “Hoj”) website located at www.hoj.net (together with any materials, functionality and services available therein, and successor sites (collectively, the “Site”), which is operated by Hoj.

 

1. ACCEPTANCE OF TERMS.

These Terms of Use (“Terms”) state the terms and conditions governing your use of and access to the Site and constitute a legally binding contract between you and Hoj. These Terms incorporate any additional terms and conditions posted by Hoj through the Site, or otherwise made available to you by Hoj. 

PLEASE REVIEW THESE TERMS CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS, THEN YOU MUST NOT USE OR ACCESS THE SITE. 

We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms through the Site. Your use of the Site following these changes means that you accept the revised Terms.  It is your responsibility to monitor the Site for updates to these Terms, as any revised Terms will supersede all previous iterations of the Terms. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. 

The “Last Updated” legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); or offer opportunities to some or all Site users.

 

2. ELIGIBILITY

By using the Site, you affirm that you are of legal age to enter into these Terms. If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Site and to any such Organization.

The Site is controlled or operated (or both) from the United States, and is not intended to subject Hoj to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

 

3. LICENSE

Subject to and conditioned on your compliance with these Terms, Hoj grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Site, and to download copies of the materials that we make available for download on the Site.

The Site, including all content, information, and materials incorporated into or made available through the Site, is the exclusive property of Hoj or its suppliers, and is protected by U.S. and international law. You agree not to access or use the Site, or any content, information, or materials incorporated into or made available through the Site, except as expressly permitted under these Terms.  Materials published on the Site, including images, pdfs, product/service descriptions, how-to information, educational materials, frequently asked questions, etc. may not be copied and reproduced for commercial purposes or personal gain without Hoj’s express written consent.

All trademarks, service marks, and logos displayed on the Site (the “Marks”) are the exclusive property of Hoj or its third party suppliers or vendors. Except for your right to view Marks on our Site, You are not granted any rights to the Marks. Nothing in the Site grants, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site.

 

4. USER SUBMITTED MATERIALS

The Site may enable users to submit reviews, comments and feedback through interactive features (collectively, “Submitted Materials”). For clarity, users retain ownership of their Submitted Materials. However, You hereby grant Hoj a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed Submitted Materials, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Hoj under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submitted Materials, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. 

Hoj may (but has no obligation to) screen, monitor, evaluate and remove any Submitted Materials at any time and for any reason, or analyze your access to and use of the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

For clarity, certain information that you provide to Hoj through the Site may also be governed by Hoj’s Privacy Policy, located at http://www.hoj.net/privacy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed.

 

5. RULES OF CONDUCT 

In connection with the Site, you agree NOT to: 

• Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner. 

• Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”). 

• Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful.

• Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.  

• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein.

• Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law. 

• Remove any copyright, trademark or other proprietary rights notice from the Site.

• Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service.

• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without Hoj’s express prior written consent. Notwithstanding the foregoing, Hoj grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Hoj reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

 

6. ACCOUNT AND PASSWORD

You may need to register for an account to use all or portions of the Site. We may reject, or require that you change, any username, password or other information that you provide to us in registering. You, and not Hoj, are responsible for any use or misuse of your username or password. In particular, it is your sole responsibility to (a) maintain the confidentiality of your account login and password; (b) frequently update and revise your password; and (c) promptly notify Hoj if there is any unauthorized use of your account or any breach of security. 

When creating your account or uploading information to the Site through your account, you represent and warrant that you will provide accurate and complete information. 

When you create an account, you expressly authorize Hoj to contact you at the phone number and email address included in your profile.  If you do not want to receive such communications, you may change your account settings.  Consent to being contacted by telephone is not required as a condition of using the Site or of purchasing any products or services from Hoj. 

  

7. THIRD PARTY MATERIALS

The Site may make available or provide links to third party websites, content, or information (including third party products and services) (“Third Party Materials”). Hoj does not control, and is not responsible for, any Third Party Materials and the availability of any Third Party Materials on the Site does not imply endorsement of, or affiliation with the provider of Third Party Materials. Your use of Third Party Materials is at your own risk. Hoj is not responsible for examining or evaluating the content or accuracy and Hoj does not warrant and will not have any liability or responsibility for any Third Party Materials or website, or for any other materials, products, or services of third parties.  Hoj is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third Party Materials or websites. Please review carefully the thirty party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.

 

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Hoj, and its suppliers, vendors, affiliates, parents, subsidiaries, officers, directors, members, managers, agents, representatives and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to your access to or use of, or activities in connection with, the Site (including any Submitted Materials), or your violation or alleged violation of these Terms or the Privacy Policy.  

 

9. DISCLAIMER

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND HOJ EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE. 

While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Site.

 

10. LIMITATION OF LIABILITY 

YOU AGREE HOJ WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE HOJ WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM (I) YOUR USE OF OR INABILITY TO USE THE SITE, (II) YOUR USE OF ANY DRAWINGS, DIAGRAMS, INSTRUCTIONS, DIRECTIONS, SUGGESTIONS, RECOMMENDATIONS, ETC. PREPARED BY HOJ AND/OR THIRD PARTIES, OR (III) YOUR USE OFTHIRD PARTY MATERIALS GENERALLY, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. YOU AGREE THE MAXIMUM AGGREGATE LIABILITY OF HOJ FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE $100. 

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.

  

11. NOTICE OF COPYRIGHT INFRINGEMENT 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Hoj a written notice by mail, e-mail or fax, requesting that Hoj remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Hoj a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to:

Hoj Innovations, LLC
Attn: Legal Department
862 W. Fine Drive
Salt Lake City, UT 84119 

Email: info@hoj.net

We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

 

12. GOVERNING LAW; JURISDICTION

These Terms are governed by and will be construed in accordance with the laws of the State of Utah, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in Salt Lake County, Utah, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.

 

13. INFORMATION OR COMPLAINTS 

If you have a question or complaint regarding the Site, please send an e-mail to info@hoj.net.  You may also contact us by writing to Customer Service at Hoj Innovations, LLC, 862 W. Fine Drive, Salt Lake City, UT 84119. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

 

14. PAYMENTS THROUGH THE SITE 

If you wish to pay an outstanding invoice or a purchase price through the Site (each such payment, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your bank information routing number, bank account number, bank account type, credit card number, card verification number, the expiration date of your credit card, your billing address, billing phone number, and email. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY BANK ACCOUNT INFORMATION OR CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. To process your payment online, Hoj uses Google Pay, Apple Pay and/or Shopify Payments as independent third party payment processors. For transactions completed over the phone, Hoj uses QualPay as an independent third party payment processor, and may store payment information in a SalesLogix CRM platform. These independent third parties control the security and performance of their payment processing services.  Please refer to these independent third parties’ privacy policies and terms of service/use for additional information.   Verification of information may be required prior to the acknowledgment or completion of any Transaction. Hoj or our agents may call or contact you regarding your account or your Transactions. You agree that we may place such calls or contact you relating to the Transaction.

 

15. GENERAL 

These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Hoj. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, constitute the entire agreement between you and Hoj relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Hoj relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Hoj will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

 

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