I. Acceptance of Terms
II. Limited License to Use Site
The Site and the Services are intended for personal, non-commercial use. HopSkip hereby grants you a single, non-exclusive, non-transferable, revocable and limited personal license to access and use the Site and the Services in the form provided by HopSkip. This license is strictly conditioned on your continued compliance with the Terms and applicable law. You may not sell, rent, transfer, redistribute, or sublicense the Site or any Services. Furthermore, you may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site or the Services or any part thereof.
III. Your license to HopSkip
Any communications or material of any kind that you email, post, or otherwise transmit to HopSkip through or using the Site or in connection with the Services, including data, questions, comments, or suggestions (your “Communications”) will become the property of HopSkip. You hereby grant a license to HopSkip to use any ideas, concepts, know-how, feedback or techniques contained in your Communications for any purpose including, but not limited to, developing, marketing and selling products using such information.
IV. Consent to Electronic Communications
You agree to the use of electronic communications and to transact business electronically through the Site and in connection with the Services. You further consent to HopSkip’s communicating via electronic technologies by the provided contact methods, such as telephone number and email address.
V. Security of Data Transmission
We maintain commercially reasonable security measures to protect data obtained via the Site or in connection with the Services. These security measures include industry-standard physical, administrative, and technology-based measures. However, no security measure or modality of data transmission is one hundred percent secure. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and HopSkip.
VI. Enforcement and Termination
HopSkip, in its sole and absolute discretion, may end your use of the Site or any Services at any time, without prior notice, if you fail to comply with any of your obligations under these Terms, violate applicable law, or if you make any representation to us that is inaccurate.
All right, title, and interest in the Site or the Services and any content contained therein is the exclusive property of HopSkip. The Site and the Services is protected by United States and international copyright and intellectual property laws and regulations. All content, trademarks, services marks, trade names, logos, and icons are proprietary to HopSkip. Nothing contained on the Site or in connection with the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site or in connection with the Services without the written permission of HopSkip. Your use of the trademarks displayed on the Site or in connection with the Services or any other content on the Site or provided in connection with the Services, except as provided herein, is strictly prohibited.
VIII. Disclaimer of Warranties
YOUR USE OF THE SITE AND THE SERVICES IS ENTIRELY AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED BY HOPSKIP ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOPSKIP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HOPSKIP MAKES NO WARRANTY THAT (i) THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE SITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES WILL BE ACCURATE OR RELIABLE. HOPSKIP UNDERTAKES NO OBLIGATION TO UPDATE THE SITE AND SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOPSKIP, OR THROUGH THE SITE AND SERVICES SHALL CREATE ANY WARRANTY REGARDING THE SITE NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE SITE AND SERVICES AND ITS CONTENT AND DATA MAY BE PROVIDED BY HOPSKIP FROM TIME TO TIME WITHIN THE SITE OR IN CONNECTION WITH THE SERVICES.
IX. Limitation of Liability
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL HOPSKIP BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SITE OR THE SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HOPSKIP AND ITS AFFILIATES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOPSKIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR ESRVICES OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.
You agree to indemnify, defend, and hold HopSkip and its affiliates and their directors, officers, employees, agents, and representatives, harmless from any claim, demand, loss, costs, or expense, including reasonable attorneys’ fees and costs of investigation, arising out of or related to your violation of these Terms, applicable laws, or regulations. Under no circumstances will HopSkip or its affiliates or their directors, officers, employees, agents, or representatives be liable for any damages of any kind that result from the use of, or the inability to use, the Site or the Services.
XI. Third Party Links
The Site or materials provided in connection with the Services may contain links to other third-party websites. HopSkip does not control such other third-party sites and HopSkip makes no representations whatsoever concerning the content, accuracy, security or privacy of those sites. The fact that HopSkip has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners or its providers. There are risks in using any information, software, or products found on the Internet, and HopSkip cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will HopSkip be liable for any loss or damage caused by use of or reliance on any content, goods, or services available on other third-party sites.
XII. Choice of Law
These Terms and will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and the parties expressly consent to the jurisdiction of courts of that state.
XIII. Waiver and Severability
If HopSkip does not exercise of enforce any particular right set forth in these Terms, HopSkip does not waive that right. If any provision of these Terms if found by a court of competent jurisdiction to be invalid, you and HopSkip agree that the court should endeavor to follow the intention of the provision and that all other provisions of the Terms will remain in full force and effect.
XIV. Entire Agreement
These Terms constitute the entire agreement between you and HopSkip with respect to the Site and in connection with the Services. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and HopSkip with respect to the Site or the Services.
XV. Changes to the Terms
HopSkip may amend these Terms from time to time by posting a copy of the updated Terms on the Site or by providing such updated Terms to you. Changes to the Terms will be applicable to any use of the Site after the effective date of the changes. Your continued use of the Site or the Services constitutes agreement to the changes. If you do not agree with the changes to the Terms, your sole remedy is to not use the Site or the Services.
XVI. Contacting Us
If you have any questions about these Terms, please contact HopSkip at 1-866-467-7547.