Effective Date: June 05, 2026
This Terms of Use (“Agreement”, “Terms”) is an agreement between you and Hooked & Company, Inc. (“Hooked & Company”, “us”, “our” or “we”) and sets forth the legally binding terms for any aspect of your relationship with us, your use of our websites found at such as www.HookedandCompany.com, www.HookedonPhonics.com, www.HookedonSpelling.com and www.HookedOnMath.com (and any of its sub-domains) or any other site which includes a link to this Privacy Policy (the “Sites”), and our mobile Applications Hooked & Company Book Clubs and Hooked On Phonics Learn to Read (“Apps”), as well as in connection with any of our sales or marketing activities (“Services”).
These Terms apply to your use of the Sites, Apps, Services, and any other means or applications in which you connect with us (however accessed and/or used, whether via personal computers, mobile devices or otherwise).
Our Privacy Policy found at https://hookedandcompany.com/privacy-policy/, is incorporated into and subject to these Terms by reference. Please review that Privacy Policy for information about how we collect, use, and share information, including the data rights available to you.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 15 BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We recommend that you read these Terms in full to ensure you are fully informed. However, to make it easier for you to review those parts of these Terms which apply to you, we have divided up the document into the following sections:
1. WHO WE ARE AND OUR SERVICES
3. ACCOUNT AND CONTACT INFORMATION
4. PAYMENT AND CANCELLATION RIGHTS
5. USE OF THE SITES, APPS AND SERVICES
10. CALIFORNIA RESIDENTS RIGHTS
15. ARBITRATION / DISPUTE RESOLUTION
Hooked & Company is a US-based company that provides subscription-based content and book series as well as supplemental education materials and mobile Apps for various content driven instruction.
Agreement to the Terms. Each time that you access our Sites or use the Services, you signify that you have read, understand, and agree to be bound by these Terms. If you do not agree to any of these Terms, you must discontinue using the Sites, Apps, and Services.
Eligibility. You must be at least 18 years old or have reached the age of majority to use the Sites and Services or become a Member. By registering with us, you attest that you have reached the age of majority and have the legal capacity to be legally bound to our Terms. Our Apps are designed to be used by children, but all accounts must be registered by the parent or legal guardian of any child using our Apps.
Electronic Form/Communications. By accessing or using the Sites, Apps, or Services, you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on the Sites or Apps. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
Access to the Sites and Services. You do not need to register as a Member in order to access and browse some sections of the Sites, Apps, or our Services, but you may not be able to access all of the features of the Sites, Apps, or Services unless you register with us and create an account. If you are browsing the Sites, Apps, or Services and have not yet registered with us, your use of the Site, Apps, or Services will still be subject to these Terms.
Registration. You can register by submitting the information required (“Subscription Account”). You’ll need to provide a valid email address and a password which you will be required to submit each time you log in. You must provide accurate, current, and complete information during the registration process and keep your Subscription Account up-to-date at all times. Any falsification of any information whatsoever may, at Hooked & Company’s option, result in immediate suspension or termination of your right to use the Apps, Sites, or Services.
Security. If you use our Services, you are responsible for restricting access to your Subscription Account and ensuring that your computer and mobile device are free from all types of malicious content, including content that may track any data you enter via the Services. Your login ID email address (or other unique identifier needed to create an account) and password, together with any mobile number or other contact information you provide, form your “Account Information.” You understand and agree that you are responsible for maintaining the confidentiality and security of your password and other Account Information, and that you are solely responsible for all activities that occur on or through your Subscription Account. You further agree to notify Hooked & Company immediately of any unauthorized access to your Subscription Account, unauthorized use of your Account Information, or any other security breach by emailing us at Contact@hookedandcompany.com.
Contacting You. When you provide us with contact information in connection with a particular activity or when using our Services, such as an email address or telephone number, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you using contact information obtained directly from you or which is provided to us with your consent. You attest that you have the legal authority over any contact information provided to us and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone, mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, and/or any other means of communication that your wireless or other telecommunications device may be capable of receiving.
Purchasing our Services or Merchandise. Please refer to the applicable offer for a description of our merchandise, current subscription plans, and pricing. Any terms and conditions of any offer disclosed to you when ordering is deemed part of these Terms. Hooked & Company reserves the right to change the fees for its merchandise and Services and will provide notice of any increase prior to your being charged.
Orders. Any prices displayed on the Sites, Apps, or Services are quoted in U.S. dollars and are intended to be valid and effective only in the United States. We will add shipping and handling fees and applicable sales/use tax in accordance with our then-current policies. All orders are for personal use only. Orders for resale are prohibited without prior written approval. Products displayed on the Sites, Apps, or Services are available only while supplies last. If your order is canceled by us after you have been charged, we will issue a credit. We try to display the image of the products available on our Sites, Apps, or Services including colors, as accurately as possible but they may vary and the actual colors you see depend upon your device display. If we have cancelled your order after charging your account, we will issue a credit for the amount charged. The risk of loss and title for all products purchased by you and shipped by us pass to you upon our delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of our vendors pass from such vendor to you upon such vendor’s delivery to the carrier for shipment.
No Binding Offer. Nothing on the Sites, Apps, or Services constitutes a binding offer to sell, distribute or give away any products or services. In the event the products and services are listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed or you have been charged. We reserve the right at any time after receipt of your order to accept or decline such order, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order confirmation or after you have been charged. We also reserve the right at any time to limit the quantities of merchandise, products and/or services ordered for you or your household. There may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, colors, pricing, and availability. We make no representation as to whether information on the Sites, Apps, or Services is current or the completeness or accuracy of any information on the Sites or Services.
Billing Information. When you provide payment information (“Billing Information”) to Hooked & Company or its authorized processor, you represent that you are an authorized user of the payment card, PIN, key, account or other payment method specified by you (“Payment Method”), and you authorize Hooked & Company to charge such Payment Method for the full amount of the transaction. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If Hooked & Company does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by your Payment Method, we may re-present such un-cleared or rejected payment, or any lessor amount thereof, to your Payment Method Provider. In the event we have to collect unpaid amounts you owe us, you will be liable for all collection costs, including attorneys’ and collection agency fees. Hooked & Company reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third-party sources. In the event Hooked & Company cannot charge the Payment Method you provide we reserve the right to terminate your order and invoice you for any unpaid amounts. You must promptly notify Hooked & Company if your Payment Method is canceled (e.g., for loss or theft). If you fail to notify us, you remain responsible for any continued charges to the Payment Method you provided.
Cancellation Rights. REGARDLESS OF THE TERMS OF AN OFFER YOU CAN RECEIVE A FULL REFUND FOR ANY MEMBERSHIP IF YOU CONTACT US TO CANCEL WITHIN THE FIRST THREE DAYS AFTER YOU ACCEPT THE OFFER.
How to Cancel Auto-Renewal. You can cancel any membership at any time. Cancellation takes effect at the end of your current billing period, and you will not be charged for the next billing cycle. Fees already paid (including annual membership fees) are non-refundable, and we do not provide refunds or credits for partial periods. You can cancel any future terms or membership and any corresponding charges by going online to your account dashboard. Just click on your account listed under the Subscriptions tab and choose Pause or Cancel. You can also contact customer service at contact@hookedandcompany.com.
Free or Introductory Promotional Offer. If you enrolled for any of our Services under a special introductory offer (for example, a discounted or free initial trial or free merchandise), you are subject to the terms of the offer you accepted and, unless you cancel within the time frame presented in the offer, the applicable regular fee for the Services you selected will be posted to your Payment Method after the introductory offer or trial period is completed. We reserve the right to limit any introductory or trial offer to one per person/household.
Rules of Conduct. In connection with your use of the Sites, Apps, or Services, you will not (i) use the Sites, Apps, or Services other than as permitted in these Terms and only for your personal use; (ii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Sites, Content (as hereinafter defined), or Sites, Apps, or Services; (iii) upload or input to the Sites, Apps, or Services any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Sites, Apps, or Services, any computer software or hardware or telecommunications equipment; (iv) reverse engineer, decompile, reverse assemble, decode, modify or attempt to discover any source code or generate its content or any software or other products or processes accessible through the Sites, Apps, or Services; (v) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Services, monitor traffic on the Sites, Apps, or Services, obtain or accumulate personal information about other users, or collect or store personal data about other users; (vi) copy or adapt the object code of any software, HTML, JavaScript or other code; (vii) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Sites, Apps, or Services; (viii) use the Sites, Apps, or Services in any manner that in our sole judgment, adversely affects the performance or function of the Sites, Apps, or Services or interferes with the ability of other users to access or utilize the Sites, Apps, or Services or undertake any acts not expressly permitted under the Terms; (ix) develop a product which is competitive with any of Hooked & Company, Inc.’s products or services; (x) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Content; (xi) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Apps, or any features or functionality of the Apps, to any third party for any reason; (xii) exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage; (xiii) use software or any other means to harvest information from the Sites, Apps, or Services; (xiv) harass others or disclose personal information about others that could amount to harassment; (xv) impersonate others or create false accounts; (xvi) Send chain letters, junk mail, ‘spamming’ material or any other form of bulk communication; (xvii) publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, sexually explicit, harmful, confidential, libelous, hateful, threatening or otherwise illegal material or information, or anything which might constitute a criminal or civil offence; or (xviii) undertake to use the Sites, Apps, or Services in violation of any Applicable Law or generally accepted practices or guidelines (“Accepted Practices”) or take any action which would cause us to be in violation of any Applicable Law or Acceptable Practices.
Ordering Online. Merchandise available on our Sites or Apps or through our Services are subject to availability when you order. Images on our Sites or Apps may not accurately capture the actual Appearance or quantity of what is available for purchase.
No Binding Offer. Nothing on the Services constitutes a binding offer to sell, distribute or give away any products or services. We reserve the right at any time after receipt of your order to accept or decline such order, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order confirmation or after you have been charged. Any prices displayed on the Services are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event the products and services are listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed or you have been charged. If your order is canceled by us after you have been charged, we will issue a credit. We reserve the right at any time to limit the quantities of products or services, which you, or your household, seek.
Monitoring. Hooked & Company reserves the right to monitor all network traffic to the Sites, Apps, or Services. Anyone using the Sites, Apps, or Services expressly acknowledges that such monitoring may occur. Hooked & Company may block unauthorized attempts or intrusions to upload or change information or cause damage to the Sites, Apps, or Services in any fashion. You acknowledge that Hooked & Company has no general obligation to monitor nor to actively seek facts or circumstances indicating illegal activity, but has the right to do so in order to: (i) operate, secure and improve the security of the Sites or Apps (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure compliance with these Terms; (iii) comply with Applicable Laws or the order or requirement of a court, law enforcement, or other administration agency or governmental body; (iv) respond to user conduct that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms.
Termination. Hooked & Company may terminate your access to its Sites, Apps, or Services immediately or disable any user name, password or other identifier, whether chosen by you or provided by Hooked & Company, at any time without notice, if, in Hooked & Company’s sole opinion, you have violated any provision of these Terms. Termination will not limit any of Hooked & Company’s rights or remedies at law or in equity.
Third-Party Links. The Sites, Apps, and Services may contain links to other websites or applications. These websites and applications are not under the control of Hooked & Company, and the existence of a link from the Sites, Apps, or Services does not imply any endorsement of or affiliation with the linked websites or applications. Hooked & Company makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites or applications.
Data Collection Policy. No party unaffiliated with Hooked & Company may collect or use, or direct, authorize or assist other persons or entities to collect or use any data from a user, or a computer or device operated by a user, while accessing our Sites, Apps, or Services without our prior express written permission.
Modification to Services. Hooked & Company has the right to modify its Services (and products and services accessible through its Services), and its Sites or Apps at any time in its sole discretion which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Hooked & Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality or other aspects of its Sites, Apps, or Services. Your only right with respect to any dissatisfaction with any modifications made, or any policies or practices of Hooked & Company in providing its Services is to cancel your account and/or stop using our Sites, Apps, or Services.
Injunctive Relief. Except as otherwise provided in Section 15 (governing Arbitration), you expressly acknowledge and agree that there may be no adequate remedy at law for a breach of this Section, that such a breach may irreparably harm Hooked & Company and Hooked & Company is entitled, without limiting any of its other remedies at law or equity, to seek injunctive relief (temporary and permanent) from any court of competent jurisdiction immediately upon request and without the need to post a bond or security, with respect to any such breach or potential breach of these Terms.
User Generated Content. By using the Site, Apps, and Services or responding to our message “#YESHOOKEDONPHONICS” you agree that we may use your Photo/Video in accordance with this Section and these Terms.
The “Photo” refers to the photo(s), caption and comments you posted on Facebook, Twitter, Instagram, TikTok or Pinterest (“Social Media“) described in the message we sent referring you to these Terms. The “Video” refers to the video(s), caption and comments you posted on Facebook, Twitter, Instagram, TikTok or Pinterest (“Social Media“) described in the message we
sent referring you to these Terms.
You represent and warrant as follows:
You grant us an irrevocable and unlimited right and license to use your Photo/Video/Testimonial (and to allow others to use the Photo/Video/Testimonial) without the payment of any royalty. You agree that you shall never withdraw this permission and license to use the Photo/Video/Testimonial. We may use your Photo/Video/Testimonial for any business purpose on our websites and social media pages, and in our digital newsletters, and any other online, digital marketing material and in any new media or technology that becomes available later in time, throughout the world, for an unlimited time. You agree that we may use, copy, modify, alter, edit, publish, create new derivative works from, make available and display the Photo/Video/Testimonial (or any part of the Photo/Video/Testimonial) and related content, and include the Photo/Video/Testimonial (or any part of the Photo/Video/Testimonial) into other works, for any business-related purposes, including but not limited to promotional and marketing purposes. You also grant us the right, at our sole choice, to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of the Photo/Video/Testimonial. You agree that we have no obligation to use your Photo/Video/Testimonial or your name or other identifying information.
You confirm that you have the consent or permission of any other person or entity that is required for our use of your Photo/Video/Testimonial as described in these Terms, including but not limited to: (a) any person who appears or performs in your Photo/Video/Testimonial, and (2) any person or entity who owns any rights in your Photo/Video/Testimonial or anything that appears in your Photo/Video/Testimonial. You irrevocably and unconditionally grant to us all consents or permissions of any person or entity as required by any applicable laws, including but not limited to Copyright laws and related rights laws (and all other laws now or in future in force in any part of the world) which may be required for our use of the Photo/Video/Testimonial and the rights you are granting us under these UGC Terms of Use.
You irrevocably and unconditionally waive (and agree not to enforce) all rights in the Photo/Video/Testimonial, including without limitation any moral rights or equivalent rights which you may otherwise have under any laws now existing or which become law in the future in any part of the world.
If requested, you will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have given to us under these Terms.
Whether we choose to use the Photo/Video/Testimonial or not is solely our choice. We have no obligation to use the Photo/Video/Testimonial and we may remove or stop using any Photo/Video/Testimonial at any time, for any reason. Use of the Photo/Video/Testimonial does not imply our endorsement of or any affiliation with you.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your Photo/Video has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 and instructions in these Terms at www.HookedonPhonics.com or in the site Terms applicable in your country as available on our local website.
The Hooked & Company mobile message service (the “Mobile Service”) is provided by third-party Klaviyo. In addition to your agreement to these Terms of Use, your use of the Mobile Service also constitutes your agreement to the terms and conditions applicable to the Mobile Service (“Mobile Terms”). We may modify or cancel the Mobile Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes. These Mobile Terms may also be revised by changes to the Klaviyo platform.
By consenting to the Mobile Service, you agree to receive recurring SMS/text messages from and on behalf of Hooked & Company through your wireless provider to the mobile number you provided. If your mobile number is registered on any state or federal Do Not Call list, but you then opt-in to our Mobile Service, then you are agreeing to receive text messages and supersede your prior decision to be placed on the Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Mobile Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for the Mobile Service in order to make any purchases, and your consent is not a condition of any purchase with Hooked & Company. Your participation in the Mobile Service is completely voluntary. We do not charge for the Mobile Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Mobile Service at any time. Text the single keyword command STOP to HOOKED ON PHONICS 10 DLC, Toll Free, or Short Code or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Hooked & Company mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Mobile Service support or assistance, contact us via email or chat.
We may change any short code or telephone number we use to operate the Mobile Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.
Ownership of Content and Marks The Sites, Apps, Services, and all content accessible through or published thereon (‘Content”) is owned by Hooked & Company, its affiliates or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets, and/or other proprietary rights. Hooked & Company owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Sites or Apps. All trademarks, logos, service marks, trade names, and trade dress appearing on the Content, Sites or Apps (“Marks”), are proprietary to Hooked & Company, its affiliates, or its licensors. You acknowledge that you do not acquire any ownership rights in any Content or Marks downloaded or accessed from the Sites, Apps, or Services. You may not frame or utilize framing techniques to enclose any Marks or Content (including images, text, page layout, or form) nor use any Meta tags or any other “hidden text” utilizing Hooked & Company’, its affiliates’, or its licensors’ name or Marks without the prior express written consent of Hooked & Company. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, the Sites, Apps, Services, Marks or Content, in whole or in part, without the prior written consent or Hooked & Company.
Our Limited License to You. You acknowledge and agree that the Sites, Apps, Services and Content are provided under license, and not sold, to you and your use. Your use of the Apps is also subject to the Usage Rules set forth in the Terms of Service for the Apple iOS Apps Store or on the Google Android platform. You do not acquire any ownership interest in the Sites, Apps, Services or Content under these Terms, or any other rights thereto other than to use the Sites, Apps, Services and Content in accordance with the license granted, and subject to all terms, conditions, and restrictions under these Terms. Hooked & Company grants you a limited, personal, non-commercial, non-exclusive, revocable, non-assignable, and non-transferable license to access (but not through scraping, spidering, crawling or other technology or software used to access data) and display the Content (excluding any software code) solely for your personal use in connection with accessing and using the Services as reasonably necessary to use them for their intended purpose. You may not insert any code or product to manipulate the Content, Sites, Apps, or Services in any way that affects any user’s experience. Hooked & Company and its licensors reserve all rights not expressly granted in and to its respective Sites, Apps, Services, Marks, and Content. You may not use the Sites, Apps, Services, Marks, or Content in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Sites, Apps, or Services. You may, however, from time to time, download copies of individual pages from the Services for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices intact.
Feedback/Idea Submissions Hooked & Company does not accept unauthorized idea submissions. Any ideas disclosed to Hooked & Company are not confidential and Hooked & Company may develop, use and freely disclose or publish similar ideas without compensating you or accounting to you. All comments or materials submitted to us, including testimonials, images, reviews, questions, comments, or suggestions (collectively, “Feedback”), is received and treated by us on a non-confidential and unrestricted basis. If you provide Hooked & Company with any Feedback, you hereby grant Hooked & Company a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation throughout the world. If any such rights may not be licensed under Applicable Laws (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Hooked & Company is not required to make any use of any Feedback that you provide. You agree that if Hooked & Company makes use of your Feedback, Hooked & Company is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to Hooked & Company to grant Hooked & Company and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary, privacy or other personal rights.
IF YOU CHOOSE TO USE THE SITES, APPS, OR SERVICES, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE CONTENT AND INFORMATION OFFERED ON OR THROUGH THE SITES, APPS, OR SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT: THAT THE SITES, APPS, SERVICES, OR ANY OF THEIR FUNCTIONS, WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT ANY PART OF THE SITES, APPS, SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING WHETHER THE APPS WILL AUTOMATICALLY DOWNLOAD WHEN INSTALLED OR THAT DEPENDING ON YOUR DEVICE WHETHER UPDATES WILL BE AVAILABLE TO YOU.WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES, APPS, SERVICES, OR CONTENT CONTAINED THEREIN WITH REGARD TO THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPROPRIATENESS FOR ANY PURPOSE, OR OTHERWISE. DUE TO THE NATURE OF THE INTERNET, HOOKED & COMPANY CANNOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SITES, APPS, OR SERVICES. HOOKED & COMPANY MAY RESTRICT THE AVAILABILITY OF THE SITES, APPS, SERVICES, OR CERTAIN AREAS OR FEATURES IF NECESSARY, IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF ITS SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES THAT ASSIST IN THE PROPER OR IMPROVED FUNCTIONING OF THE SITES, APPS, OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITES, APPS, SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SITES, APPS, OR SERVICES.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Sites, Apps, Services, and Content remains with you. Neither Hooked & Company nor any other party involved in creating, producing, or delivering the Sites, Apps, Services, or Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Sites, Apps, or Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Hooked & Company has been informed of the possibility of such damage, and even if a limited remedy set forth herein is found to have failed its essential purpose. In no event will Hooked & Company’s aggregate liability arising out of or in connection with these Terms and your use of the Sites or Services or from the use of or inability to use the Apps or assess Content exceed the amounts you have paid to Hooked & Company in the twelve month period prior to the event giving rise to the liability, or $50 USD if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Hooked & Company and you.
If you are a California resident and in connection with the foregoing releases, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states:
“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.”
Hooked & Company will provide the Apps, Sites and Services with reasonable care and skill but Hooked & Company makes no representations that they are appropriate for use from locations outside the United States or compliant with laws outside the United States. If you access the Apps, Sites or Services from outside the United States, you are responsible for compliance with local laws in relation to your use of the Apps, Sites or Services.
The Apps may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Apps to, or make the Apps accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Apps available outside the US. Software from the Apps (“Software”) is subject to United States export controls. No Software may be downloaded from the Apps or otherwise exported or re-exported (i) into (or to a national or resident of) 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.
Hooked & Company will review and may update these Terms periodically and will note the new effective date if any changes are made. If we make material changes to these Terms we may choose to notify you by prominently posting a notice of a new Terms of Use update on the Apps or Sites for a period of time in our discretion, but we encourage you to review these Terms and make note of the “effective date” frequently. Your continued use of the Sites, Apps, and Services after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Sites, Apps, and Services.
You may be able to access other websites, mobile applications or resources through links accessed on the Sites or Apps. Because Hooked & Company has no control over such websites or mobile applications you acknowledge and agree Hooked & Company is not responsible for the availability of such external websites, mobile applications or resources accessible from those third parties, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials available from such websites or mobile applications, nor does Hooked & Company endorse any such websites, mobile applications or resources, or the products or services assessable on such websites or mobile applications.
This Section shall be construed as a written agreement to arbitrate pursuant to the Federal Arbitration Act (“FAA”), and you and Hooked & Company agree that this Section satisfies the writing requirement of the FAA.
Jury Trial Waiver and Class Action Waiver. YOU AND HOOKED & COMPANY EACH VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESOLVING ANY DISPUTE except for disputes that qualify for small claims court or claims regarding intellectual property rights. Nothing in these terms bars either you or us from bringing issues to the attention of federal, state, or local agencies.
As more fully set forth below, YOU AND HOOKED & COMPANY EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Resolution of Any Dispute. Except for disputes that qualify for small claims court or claims regarding intellectual property rights (which may be brought in any competent court), you agree that all disputes arising out of or related to these Terms of Use, the Privacy Policy, or any aspect of the relationship between you and us, including any products or services offered or sold by us and any use of our websites, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved through final and binding arbitration before a single neutral arbitrator instead of in a court by a judge or jury. This agreement to arbitrate is intended to be broadly interpreted. The arbitrator shall have exclusive authority to resolve any question, issue, or dispute relating to the interpretation, applicability, unconscionability, or enforceability of these Terms, including the arbitrability of any claim.
Procedure. You and we agree to engage in good faith informal resolution for 90 days before filing arbitration. The informal resolution period begins upon receipt of a written demand (“Demand”) via certified or registered mail, or nationally-recognized overnight courier, return receipt requested and postage prepaid, within the statute of limitations period. Either party may also send a courtesy copy by email. Your Demand shall be delivered to: Hooked & Company, Inc., 4 Mountainview Terrace Suite 301, Danbury, CT 06810. The Demand must include (i) the name, telephone number, mailing address, and email address of the person or entity seeking arbitration; (ii) a statement of the legal claims asserted and the factual basis for those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; (iv) the signature of the party seeking arbitration; and (v) the signature of any legal counsel or other representative purporting to represent the party seeking arbitration. Signature on the Demand certifies the following: (i) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. Compliance with this paragraph tolls any applicable statute of limitations as to any dispute or claim subject to the Arbitration Agreement that is stated in the Demand.
If you and we do not resolve the dispute within 90 days after receipt of the Demand, either party may seek arbitration by submitting a copy of the Demand to the American Arbitration Association (“AAA”).
All arbitration proceedings and outcomes are to be kept confidential except as required to enforce an award, comply with law, or obtain legal, tax, audit, insurance, or regulatory advice.
The arbitrator’s decision and award are final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
You and we agree that any arbitration will take place on (and only on) an individual basis. Each party agrees not to jointly administer, coordinate, or consolidate its claims with those of any other person or entity. You and we each agree to waive the right to have any dispute or claim subject to the Arbitration Agreement brought, heard, administered, resolved, or arbitrated as a class arbitration, class action, collective action, coordinated action, jointly administered action, or mass action, to the maximum extent permitted by law. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others, participating in a class, representative, or collective action as a class representative, class member or an opt-in party, acting as a private attorney general, or joining or consolidating Claims with claims or proceedings brought by any other person. If the arbitrator determines both that (1) any claim is nevertheless to be arbitrated in a class, collective, coordinated, jointly administered, consolidated, or mass arbitration proceeding, and (2) that the prohibition of class, collective, coordinated, jointly administered, consolidated, or mass arbitration proceeding is unenforceable, then the Arbitration Agreement is null and void as to that claim.
If you are an individual, the arbitration will be administered by the AAA pursuant to the current AAA Consumer Arbitration Rules, except to the extent modified by these Terms of Service. The AAA rules and instructions are available on the AAA website at www.adr.org/consumer. Arbitration is to take place by remote/video, unless the arbitrator determines an in-person hearing is necessary.
If you are a business, the arbitration will be administered by the AAA pursuant to the current AAA Commercial Arbitration Rules, except to the extent modified by these Terms of Service. Arbitration shall take place in Danbury, Connecticut. The AAA rules and instructions are available on the AAA website at www.adr.org/commercial.
Alternatively, upon written consent of both you and us, any dispute may be settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The JAMS arbitration shall take place in Danbury, Connecticut, in the English language and the arbitral decision may be enforced in any court.
Whether proceeding in front of AAA or JAMS, the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party, though the individual relief awarded by the arbitrator may incidentally affect non-parties.
Survival. This arbitration provision shall survive termination of these Terms.
You agree that, except as otherwise expressly provided in these Terms, there are not third-party beneficiaries to these Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut without application of conflict of laws rules, except that the Arbitration provisions shall be governed by the Federal Arbitration Act.
These Terms, and policies incorporated herein, are the entire agreement between you and Hooked & Company. They supersede any and all prior or contemporaneous agreements between you and Hooked & Company relating to your use of the Sites, Apps, or Services.
If these Terms expire or are terminated for any reason, the provisions which by their nature should continue after termination including Proprietary Rights, Disclaimer of Warranties, Limitation of Liability, your Legal Liability, Arbitration/Dispute Resolution, No Rights of Third Parties and Miscellaneous shall survive any such expiration or termination.
If any provision of these Terms is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except to the extent provided otherwise in Section 15 (governing Arbitration).
You may not assign your rights under your Subscription Account or this agreement to any third party without Hooked & Company’s prior written permission. Hooked & Company may assign these Terms, in whole or in part, at any time.
Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement.
The failure of Hooked & Company to partially or fully exercise any rights or the waiver of Hooked & Company to enforce any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Hooked & Company or be deemed a waiver by Hooked & Company of any subsequent breach by you of the same or any other term of these Terms.
The rights and remedies of Hooked & Company under these Terms and any other applicable agreement between you and Hooked & Company shall be cumulative, and the exercise of any such right or remedy shall not limit Hooked & Company’s right to exercise any other right or remedy.
If you have any questions about these Terms, you may contact us by email or chat, or write to us at:
Hooked & Company, Inc.
4 Mountainview Terrace Suite 301
Danbury, CT 06810
When contacting us, please include your full name, address, phone number, and email address, and indicate the specific nature of your request or inquiry.
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