Information We Collect
Personal Information: We may require Users who use the Website (whether via submission of queries, subscriptions or orders for Hollar’ services (collectively, the “Service”) to give us personally identifiable information, which may include but is not limited to the User’s name, mailing addresses (home and business), phone number, email address, age/birth date and credit card or other payment account information (collectively “Personal Information”). Besides the Personal Information, we may also collect other information regarding your use of the Website. From time to time, we may also collect or ask for additional Personal Information, which will also be expressly included herein as Personal Information. You can opt out of providing this additional information by not entering it or not using the Website, although not providing Personal Information may hinder your ability to use the Website and/or the Service.
We use the information that we collect to provide and maintain the Website as we deem appropriate in our sole discretion and to provide the Service, and to provide any other services that you and Hollar agree to. Hollar may aggregate data that it obtains from Users to analyze trends, to gather data to benchmark best practices, and to monitor, improve and refine the functionality of the Website and the Service.
We may also use the information to contact you to further discuss interest in Hollar or the Service (including the products and services that we provide) and to send information regarding Hollar or its partners, such as promotions and events. You may be invited to receive an email newsletter or other correspondence by providing an email address. We may outsource all of these tasks to third parties. However, your email address and any Personal Information will not be distributed or shared with third parties, unless it is to transact such business as you have contracted us to do, to comply with any legal processes and/or law enforcement requests, or in order to conduct any business as we, in our sole subjective discretion, deem reasonable. If you voluntarily submit your e-mail address to use via the Website or use of Hollar’ products and services, such a submission constitutes your consent to receive e-mails from Hollar regarding updates to the Website or Service, and may send a newsletter, or other correspondence. You will have an opportunity to unsubscribe to any emails or mailings by clicking on an “unsubscribe” hyperlink contained in promotional emails we send you. Even if you are removed from any such list, if you use the Website or Service or re-submit your e-mail address to the Website (either via the contact form, e-mail submission or otherwise), you will continue to receive email correspondence from Hollar related to the Website or Service. Any opt-out by you is not deemed valid until processed by Hollar. It is your obligation to verify that you have been opted-out. Hollar shall not be liable for problems with the opt-out procedures.
Hollar may offer you the option of registering an account with the Website by logging in with an account you have established with certain third party sites (including, Facebook.com) (hereafter, the “Outside Account”). By logging in via the Outside Account, you are granting Hollar the right to access, utilize and store (if applicable) information (including Personal Information as defined above) tied to your Outside Account in connection with your use of the Website. Depending on the Outside Accounts you choose (and your privacy settings on that Outside Account), the information you make accessible via your Outside Account will be available to Hollar and on and through your Hollar user account.
Hollar does not knowingly allow any visitors or users under the age of eighteen (18) or the age of majority in his/her relevant jurisdiction to use or otherwise access to the Website or the Service. Hollar does not wish to collect any Personal Information (or any information at all) from any persons under 18 years old. If you are under 18 years old, you may not use the Website or the Service.
Third Party Websites
The Website may contain links to other websites. We are not responsible for the privacy practices or the content of these other websites. You will need to check the privacy policies of these others websites to understand their policies. When you access a linked site you may be disclosing private information. It is your responsibility to keep such information private and confidential.
Cookies & Logs
When you view the Website, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
For California Users: Please note, the Website is not presently configured to respond to DNT or “do not track” signals from web browsers or mobile devices.
Disclosure of User Information to Third Parties
In addition to the use of information described above, Hollar reserve the right to disclose information provided by Users (including Personal Information) as follows:
Disclosure By Law. You acknowledge and agree that we may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Hollar’s or a third party’s rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including you) is threatened.
Disclosure to Third Party Service Providers. We may share your information with third party service providers to perform functions on our behalf. For example, outsourced customer care agents or technology assistants may need access to your information to perform services for you. Your information will be treated as private and confidential by such service providers and not used for any other purpose than we authorize.
Please note that data that is transported over an open network, such as the Internet or e-mail, may be accessible to anybody. We cannot guarantee the confidentiality of any communication or material transmitted via such open networks. When disclosing any personal information via an open network, you should remain mindful of the fact that it is potentially accessible to others, and consequently, can be collected and used by others without your consent. In particular, while individual data packets are often encrypted, the names of the sender and recipient are not. A third party may therefore be able to trace an existing bank account or relationship or one that is subsequently created. Even if both the sender and recipient are located in the same country data may also be transmitted via such networks to other countries regularly and without controls, including to countries that do not afford the same level of data protection as your country of domicile.
Password-protected areas of the Website can be accessed only with a valid user name and password. Each password owner is responsible for keeping the password confidential and safe, as Hollar has no control or responsibility for this type of User information. If the password may have been stolen or might otherwise be misused, it is the responsibility of the password owner to notify Hollar immediately for further action.
Your data may be lost during transmission or may be accessed by unauthorized parties. We do not accept any liability for direct or indirect losses as regards the security of your Personal Information or data during its transfer via Internet. Please use other means of communication if you think this is necessary or prudent for security reasons.
The Website and the Service are exclusively hosted in the United States. If you are a User accessing the Website or the Service from the European Union, Australia, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please note that you are transferring your personal data to the United States which does not have the same data protection laws as such other regions. User information (including Personal Information or “personal data” as defined by foreign laws) collected through the Website or the Service may be stored and processed in the United States, and by using the Website or the Service, you consent to any such transfer of information outside of your home country.
Terms of Service
Welcome to the Hollar website (www.Hollar.com) hosted by Hollar Inc. (hereafter also referred to as “Hollar” “we” and “us”). Please review the following terms and conditions concerning your use of and access to the Hollar website located at Hollar.com (including any affiliated sub-domain and mobile applications and sites) and any services offered therefrom (including, without limitation, the distribution, sale or offer of goods for sale) (collectively referred to hereafter as, the “Website”). By accessing, using, subscribing, purchasing or downloading any goods, materials or content from the Website, you agree to follow and be bound by the following terms and conditions (the “Terms & Conditions”) and any other terms and conditions embodied in any other agreements you enter into with us. If you do not agree with the Terms & Conditions, you may not use the Website.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE COMPANY. PLEASE READ IT CAREFULLY.
These Terms & Conditions apply to ALL transactions made on or through this Website. This Agreement is governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this Agreement by any act demonstrating your assent thereto, including clicking any button containing the words “I agree” or similar syntax, by accessing the Website, or purchasing any goods through the Website, whether you have read these terms or not. It is suggested that you print this Agreement for your personal records.
Changes to the Terms & Conditions
We reserve the right to change the Terms & Conditions at any time by posting an updated version to this web page to reflect those changes. Changes to the Terms & Conditions may arise for a variety of reasons, including without limitation, changes in market conditions affecting our business, technology or our business model, relevant laws and regulatory requirements, and our systems.
You agree to periodically review the Terms & Conditions from time to time to take notice of any changes we make, as they are binding on you. Continued access or use of our site shall be deemed conclusive evidence of your acceptance of any modified terms or conditions.
Accessing and Using the Website/Service
Limited License to Use the Website/Service and Related Restrictions
Subject to and conditional upon your compliance with the Terms & Conditions and other agreements between you and Hollar (including any payment terms), Hollar hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to use certain software applications and platforms accessible through the Website/Service (collectively, “Hollar Software”). Hollar reserves all other rights in Hollar Software not expressly granted to you in the Terms. You may not use Hollar Software in any manner that could: (i) damage, disable, overburden, or impair the software application or platform (or any server or networks connected thereto), or (ii) interfere with any third party's use and/or enjoyment of the software application or platform (or any server or networks connected thereto).
Except as expressly specified in the Terms & Conditions, you may not: (a) copy or modify the Hollar Software; (b) transfer, sublicense, lease, lend, rent or otherwise distribute Hollar Software to any third party; or (c) use the Hollar Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms & Conditions. You acknowledge and agree that portions of the Hollar Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Hollar and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the Hollar Software provided in object code or any other Hollar products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
Mobile Application License
Subject to your compliance with these Terms & Conditions, Hollar grants you a limited non-exclusive, non-transferable license to use the Hollar mobile application and to access the Hollar Website via a single mobile device or computer that you own or control and to run such copy of Hollar mobile application solely for your own personal use.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Hollar mobile application in any way; (ii) modify or make derivative works based upon the Website or Hollar mobile application; (iii) create Internet “links” to the Website or “frame” or “mirror” the Hollar mobile application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Hollar mobile application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Website or Hollar mobile application, or (c) copy any ideas, features, functions or graphics of the Website or Hollar mobile application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website or Hollar mobile application.
App Store Sourced Application
With respect to any application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you agree that you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software) ; and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Hollar reserves all rights in and to the application not expressly granted to you under these Terms & Conditions.
You acknowledge and agree that (i) these Terms & Conditions are valid between you and Hollar only, and not Apple, and (ii) Hollar, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Hollar and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Hollar.
You acknowledge that, as between Hollar and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Hollar and Apple, Hollar, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms & Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these Terms & Conditions as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other provisions of these Terms & Conditions, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
Customer Account Access
In order to utilize certain services offered by the Website, you may need to create a customer account. You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your username or password with others and restricting access to your account and your computer; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to the Website or your account; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
By creating a customer account, you consent to receive electronic communications from Hollar either in the form of email sent to you at the email address listed on your account or by communications posted on the Website. You acknowledge and agree that any electronic communication in the form of such email or posting on the Website shall satisfy any legal requirement that such communication be in writing.
Terms of Sale
All product sales from the Website are governed by any terms of sale that may be posted on the Website. Prices and offers are subject to change. You should refer to our terms of sale to learn more about our return policy, and shipping terms located at FAQs. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in Hollar’s sole discretion, so you should review the terms of sale each time you make a purchase. Additional information may be found in our online shopping sections of the Website.
We accept the following bank or credit cards: Visa, MasterCard, American Express and Discover. For your convenience, we will save your bank or credit card information. You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, Client Services may contact you directly to update your account information.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement. The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier.
Sales Tax Policy
In connection with the sales of goods, the Website collects and remits sales tax as required by applicable law.
We have made every effort to display as accurately as possible the colors of our products that appear at the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.
Information at the Website
We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, certain information on the Website may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on our site. We reserve the right to amend the Website/Service without warning. Unless otherwise agreed to by us in writing, all features, content, specifications, products, services, and, as applicable, prices of products and services described or depicted on the Website are subject to change at any time without notice.
“Compare At” prices
Hollar’s “Compare At” prices are based on one of the following methods:
a. “Other Retailer Price for Same Product”: The crossed-out price shows the actual price offered for the same product at another online retailer which has been verified within the preceding 90 days since it was first shown at Hollar.com.
b. “Other Retailer Price for Like Product”: The crossed-out price shows an actual price at another online retailer of a product with similar or like features, but is not identical, which has been verified within the preceding 90 days since it was first shown at Hollar.com.
c. “Department Store Retail”: The crossed-out price shows the actual price charged by a department store or other large chain store within the preceding 90 days since it was first shown at Hollar.com.
d. “Manufacturer’s Suggested Retail Price”: The retailer/resale price recommended by the manufacturers of the product. The MSRP may not be the prevailing market price or regular retail price.
Note: “Compare At” Prices are rounded up to the nearest dollar.
By creating an account with us, you acknowledge and agree that you are solely responsible for maintaining the confidentiality of your account information (including without limitation, username and password). You must treat your username and password, and any other security details, as confidential, and not disclose it to any other person. You must also prevent unauthorized access to your account. In addition, you must: (a) log off from your account at the end of each session on our site and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security. You agree to accept responsibility for all activities that occur under your account.
Restrictions on and Termination of Use of the Website/Service
We have the right to suspend or close any account with us and block your use of our site if you have failed to comply with any part of the Terms & Conditions (as determined by us in our sole discretion). You understand that your account is individual to you and/or your organization, and we may suspend or close your account if you attempt to transfer or use your account to/for another person or organization. You are responsible for ensuring that any and all persons you authorize to use your account with us are aware of the Terms & Conditions, and that they fully comply with them. We reserve the right to refuse to provide access to the Website or to provide the Service, to any person or organization for any reason. It is your obligation to comply with all applicable state, federal and international laws.
In consideration of being allowed to use our site, you agree that the following actions shall constitute a material breach of these Terms & Conditions:
- Collecting information about our site, users of our site or our services without our written consent;
- Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in our site, without our written consent.
- Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor our site or any portion thereof;
- Accessing or using our site for competitive purposes;
- Disguising the origin of information transmitted to, from, or through the Website;
- Impersonating another person or representative of an organization;
- Distributing viruses or other harmful computer code;
- Allowing any other person or entity to impersonate you to access or use our site;
- Using our site or our services for any purpose in violation of local, state, national, international laws or regulations;
- Using our site or our services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others; and
- Circumventing any measures implemented by us aimed at preventing violations of the Terms & Conditions.
Minors May Not Use the Website/Service
You must be at least 18 years old and can form legally binding contracts under applicable laws in your jurisdiction, to use the Website or Service. We do not accept users who are under the age of 18 or the age of majority in his/her relevant jurisdiction. By using the Website or Service or submitting any inquiries, orders or information to us, you represent and affirm that you are at least 18 years old or the age of majority in your jurisdiction.
Inviting Friends and Earning Referral Credit
When you invite a friend to register for an account at Hollar.com, you and your friend will both receive a $2 Referral Credit for each friend who makes a qualified first purchase. Your friend must be a new member of Hollar (this offer excludes returning or existing members) and live in a different household
You will only receive a Referral Credit for your friend's first qualified purchase if the purchase was a result of an invite from you via an authorized referral method. If your friend does not click on the personal referral link in their invite email or other invite mechanism to accept your invitation, you may not receive a Referral Credit and we will have no liability to you because there is no discernible way to identify that the purchase resulted from your referral.
A qualified purchase is considered a member’s first Hollar purchase. There is no limit to the amount of Referral Credits you can earn and Referral Credits will accrue with every eligible friend you refer. You can track your Referral Credits by visiting the Refer-a-Friend section in My Account.
If two people refer the same friend, the friend who sent the link that is used to create the new member's account will be considered the referring friend, regardless of which link was sent to the new member first. There is a limit of one Referral Credit per new email address that is registered on Hollar.com.
Spending Referral Credit
Referral Credits are valid for 12 months from issuance. Your Referral Credits are automatically applied to your purchases at checkout in the order in which they expire (i.e., first to expire will be applied first).
You can check the amount of Referral Credits you have earned and their associated expiration dates at any time by visiting the Refer-a-Friend section in My Account.
Prohibitions and Cancellation
Referral Credits are issued to a single Hollar.com account holder at our discretion and cannot be transferred between accounts or between users. Credits cannot be bartered, exchanged, or sold.
Referral Credits are a promotional offer and are not a payment instruments. Referral Credits are issued without any exchange of money or value from you and you have no vested property right or interest in them.
Referral Credits have no cash value by themselves; they are only deemed to have a notional cash value of $2 if they are used in connection with an eligible purchase on our site.
We reserve the right to limit or cancel your Referral Credits in our sole discretion if we determine that you have violated these Terms of Service, including through fraudulent or misleading referral activity (for example, by inviting fake people to join Hollar, using false names, using multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information to us) or if we terminate your account for any reason. You may also be liable for civil and/or criminal penalties under applicable law.
Changes to Referral Credit Terms
We reserve the right in our sole discretion at any time and without prior notice to you, to add to, remove or otherwise change the terms applicable to the issuance and use of Referral Credits. Such changes may include, without limitation, how you may earn and spend Referral Credits, how long Referral Credits last, minimum purchase amounts with which Referral Credits may be used and the lifetime maximum amount of Referral Credits that you may earn.
Links to Other Websites
The Website may contain links to other websites which may be of interest to you. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by us. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature. We do not accept responsibility for those sites. Accessing any such links from our site to gain access to other websites is at your own risk.
Intellectual Property Rights
Except where expressly stated otherwise, Hollar or its licensors, including without limitation, Hollar Inc., is the owner or the licensee of all intellectual property rights located on the Website, in the materials published or otherwise made available on the Website and through the Service. Those works, marks or inventions are protected by copyright, patent and trademark laws and treaties around the world and may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, unless expressly permitted by us. Except where expressly provided otherwise by us, nothing on our site may be construed to confer any license or ownership right in or materials published or otherwise made available through our site or our services, whether by estoppel, implication, or otherwise. All rights not granted to you in these terms are reserved.
Copyright and Trademark Infringement Notice:
Hollar respects the intellectual property rights of others. All users of the Website represent and warrant they shall comply with all applicable copyright and trademark laws. In the event we receive proper notification of claimed copyright or trademark infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your account and/or the right to use our Website and Services. If you believe any material on our site constitutes an infringement of a copyright or trademark you own, you may file a notice of infringement to the contact identified below. A user who materially misrepresents that material is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder or trademark holder, or if copyright and trademark laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense.
We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, “Associates”) who supply some of the goods advertised on the Website. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Website, or items advertised on the Website, by our Associates. If you believe that your rights under intellectual property laws are being violated by any content posted on or transmitted through the Website, or items advertised on the Website, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Website.
In order for us to investigate any claim of copyright or trademark infringement, you must provide us with the following information, transmitted by email or regular mail, setting forth the following:
- (i) a physical or electronic signature of the copyright or trademark owner or a person authorized to act on their behalf;
- (ii) detailed identification of the copyrighted work or trademark claimed to have been infringed;
- (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- (iv) your contact information, including your address, telephone number, and an email address;
- (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Copyright or Trademark Infringement Notifications should be addressed as follows:
Mail: Hollar Inc.
Attention: Notice of Intellectual Property Infringement
2800 28th St, Suite 306
Santa Monica, CA 90405
No Agency Relationship
Except where provided for in a separate agreement with Hollar, no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms & Conditions. Without limiting the foregoing, except as expressly set forth herein, Hollar is not acting and does not act as an agent for any user or visitor of the Website or Service.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY US, THE WEBSITE AND SERVICE ARE PROVIDED "AS IS," AND ARE FOR USE SOLELY AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH THEREIN, WE HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE AND SERVICE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WE MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE OR SERVICE AND/OR MATERIALS ASSOCIATED WITH OR GOODS OFFERED VIA THE WEBSITE OR SERVICE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE, SERVICE AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF GOODS, SERVICES, INFORMATION, OR OTHER MATERIALS YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE PRODUCTS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE WEBSITE OR SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE, SERVICE AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HOLLAR, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, EXCEED $500.00. IN NO EVENT SHALL HOLLAR OR THE THIRD PARTY PROVIDERS, INCLUDING HOLLAR INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS & CONDITIONS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICE THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER'S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNIFICATION. ”
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HOLLAR INC., ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING, BUT NOT LIMITED TO ALL ATTORNEYS’ FEES CHARGED TO HOLLAR INC. OR ITS AFFILIATED PERSON/ENTITIES, RESULTING FROM ANY VIOLATION OF THE TERMS & CONDITIONS BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE OR SERVICE ON YOUR BEHALF.
Shall a conflict or contradiction exist between these Terms & Conditions and any others which relate specifically to a particular section of the Website, the specific terms relevant to that section shall prevail.
Any provision of the Terms & Conditions found to be unenforceable will not void nor effect other provisions of this agreement.
Resolution of Disputes – Mandatory Arbitration and Class Action Waiver
We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with Hollar, any goods sold via the Website, or use of this Website. Please read this section carefully. Our Customer Service Department, which you can reach at email@example.com, can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.
Step 1. Notice of Dispute
You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U. S. Mail to:
Attention: Notice of Dispute
2800 28th St, Suite 306
Santa Monica, CA 90405
A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.
You agree that the term “Dispute” in this Agreement will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Website, any goods offered or purchased from us, any transaction or relationship between us resulting from your use of the Website or purchase of any goods from us, communications between us, the purchase/order/use of goods from the Website, or this Agreement – whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.
Step 2: Arbitration
If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As we explain below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.
By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.
To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
If you initiate an arbitration with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.
Small Claims Option
You may also litigate any Dispute in Small Claims Court in the County of Los Angeles, California, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Los Angeles by clicking here. However, if you initiate a Small Claims case, you are responsible for all your court costs.
Choice of Law and Forum Selection
You agree that the laws of the State of California govern this agreement and any claim or Dispute or issues arising from it, without regard to California’s conflict of laws rules.
Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Los Angeles County in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Notice for Users in California
This notice is for users of the Website residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
You may not assign these Terms & Conditions without the prior written approval of Hollar. Any purported assignment in violation of this section shall be void. Hollar reserves the right to use third party providers in the provision of the Website and Service. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms & Conditions, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Hollar
Please feel free to contact us with any comments, questions or suggestions you might have regarding the Website. You may contact us at: firstname.lastname@example.org.
Terms & Conditions last modified on March 28, 2016.