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Holooly Terms of Use

Last Updated and Effective Date: October 4, 2020

Welcome to Holooly.com [Holooly LTD]

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

These Holooly LTD. Terms of Use (“Terms of Use”) apply to the websites, (each, a “Service” and collectively, the “Services” or “Holooly Websites”).

Holooly LTD. in these Terms of Use as “Holooly,” “Holooly LTD,” “we” or “our.” “You,” “your” and “user” refer to any person or entity using the Services.

These Terms of Use govern your use of the Services, regardless of how you access them, whether by computer, mobile device, or otherwise; and directly through our Services, and regardless of whether you are a registered user or a guest.

By using the Services, you agree to the Terms of Use. If you do not agree to the Terms of Use, you are not authorized to use the Services and you must cease all such use immediately.

ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS OF USE BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “ARBITRATION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND HOLOOLY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

In some instances, these Terms of Use may apply to a service or product offered via the Services (“Additional Terms”). We will make those Additional Terms available to You with the relevant Services. If you use those Services, the Additional Terms that apply will become part of this agreement between You and Holooly.

To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

Account Registration & Termination

Holooly provides a variety of services, both online and offline, designed to improve the overall academic experience and help users save money. You may only have one Holooly account for use of the Services.

You may not create or use more than one account, and you may not share your account or any of the Services with others. All information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account.

You agree not to use the account, username, or password of another User at any time, nor to disclose your password to any third-party. You agree you will not sell or share or otherwise transfer your membership or any membership rights. You agree to notify Holooly immediately if you suspect any unauthorized use of your account or access to your password.

Holooly has the right to terminate your account for any reason at our sole discretion without notice to you.

Age and Residence Requirements

The Services are available to individuals age 13 and over. If you are between the ages of 13 and the age of majority where you live, you must review these Terms of Use with your parent or guardian to confirm that you and your parent or guardian understand and agree to it. You may register for an account regardless of where you live.

All financial transactions will be processed in U.S. dollars. The Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Holooly to any registration requirement within such jurisdiction or country.

By registering, you certify that you are not on any list of restricted persons with whom it is unlawful for any company to do business. Holooly makes no representations or warranties that the Services are appropriate for use or access in other locations. Anyone using or accessing the Services from other locations does so on their own initiative and is responsible for compliance with their country of residence local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Services and/or the provision of any content, program, product, service, or other feature to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.

Proprietary Rights

The Services are owned and operated by Holooly. Unless otherwise explicitly specified by Holooly, all materials that are included in or otherwise a part of the Services, including the past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, bibliographic and citation information, citation guides, icons, and book cover images, as well as the selection, assembly and arrangement thereof and the “look and feel” of the Services (collectively, “Holooly Content“), are owned, controlled, or licensed by Holooly.

Holooly Content is protected from unauthorized use, copying, and dissemination by copyright, trademark, patent, and other laws, rules, regulations, and treaties.

All rights in images of books or other publications included in the Services are reserved by the copyright owners of such materials.

Any unauthorized use of Holooly Content is prohibited.

Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.

Your License to Use Holooly Content

Subject to your compliance with these Terms of Use, Holooly grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to view the Holooly Content. You may only use the Services for your own personal use. You agree not to view, copy, or procure content or information from the Services by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the Holooly Content (except as may be a result of the standard search engine or Internet browser usage), unless formally authorized by Holooly under separate written agreement. No materials from the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without Holooly’s prior written permission or as expressly provided in these Terms of Use. When you download or use the Holooly Content as authorized by these Terms of Use, you must:

  1. keep intact any and all copyright and other proprietary notices.
  2. make no modifications to the Holooly Content.
  3. Do not copy or adapt any object code associated with the Services or reverse engineer, modify or attempt to discover any source code associated with the Services, or allow or assist any third party (whether or not for your benefit) to do so.

All rights not expressly granted herein are reserved. Where you purchase a subscription or a license to access any Holooly Content, you may not share that subscription or license with others. Holooly may impose reasonable limits on your scope of access to Holooly Content, including limits on time or number of materials accessed or machines used to access such Content, to prevent unauthorized third-party access to or use of that Content.

Social Distribution and Widgets

Holooly may allow you but only through express written permission to engage in certain personal uses of Holooly Content that include the ability to share certain Holooly Content with others (“Social Distribution“). For example, the Services may allow you to send certain Holooly Content to friends, display Holooly Content on your personal web site or post-Holooly Content on a third-party web site. You agree that you will not imply that you and Holooly are affiliated in any way or that Holooly approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason, and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection with the Social Distribution of Holooly Content.

Similarly, the Services may provide content that you may choose to embed on your personal web page, third-party web site, or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) (“Widgets“). Widgets are Holooly Content and subject to the limited, revocable license described above. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets does not provide you (or any third-party) with any intellectual property rights in or to the Widget or any Holooly Content made available via any Widget.

Digital Content

If you receive as part of your order access codes, passwords or downloads for online eBooks or publisher created online digital services content (“Digital Content“), then, when activating the codes, downloading content or logging in to access or use Digital Content, you may be required to agree to certain additional terms and conditions (“Digital Content Terms“) before you may access the Digital Content. Read the Digital Content Terms for each Digital Content you rent or purchase, as different Digital Content may come with different restrictions or may be updated from time to time. If there is a conflict between the Digital Content Terms and these Terms of Use, the Digital Content Terms supersede the Terms of Use only to the extent of your use of the relevant Digital Content.

User Content and Activities

When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any review, problem, suggestion, idea, solution, question, answer, class notes, course outline bibliographic and citation information comment, testimonial, feedback, message, image, video, text, profile data or other material (“User Content“) to Holooly, any Holooly employee or contractor, or a Holooly Website, you grant Holooly and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by Holooly, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content.

Note that we may create, facilitate or display social advertisements, whereby your name, profile, and photo may be used to advertise products and services to your network based on your use of the Services and your interactions with Holooly. You agree that Holooly may use your name and profile picture in connection with social ads to advertise products and services to your network based on your use of the Services and your interactions with Holooly.

You further agree that Holooly is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing, and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorize Holooly to publish your User Content in a searchable format that may be accessed by users of the Services and the Internet. To the fullest extent permitted by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

Holooly is not required to host, display, or distribute, and may remove at any time, any User Content. Holooly reserves the right to change the format, sizing, and any other display specifications of the Content as it sees fit.

You represent and warrant that (i) you own the User Content submitted by you on, through, or in connection with the Services, or otherwise have the right to grant the licenses set forth in this section, and (ii) the posting of your User Content on, through or in connection with the Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Upon Holooly’s request, you will furnish Holooly any documentation, substantiation, or releases necessary to verify your compliance with these Terms of Use.

Except as otherwise described in the posted Privacy Policy or other agreement on the Services presented at the time you provide your User Content (defined below), you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You acknowledge and agree that your relationship with Holooly is not a confidential, fiduciary, or another type of special relationship and that your decision to submit any User Content does not place Holooly in a position that is any different from the position held by members of the general public, including with regard to your User Content. None of your User Content will be subject to any obligation of confidence on the part of Holooly.

It is our policy not to accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested, to which certain specific terms, conditions, and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently.

You agree that Holooly has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ rights to your User Content. You further acknowledge and agree that, to the fullest extent permitted by applicable law, Holooly will not have any obligation to you with regard to User Content and that Holooly may or may not monitor, display or accept your User Content and may delete it at any time. We may, but are not obligated to, review User Content prior to posting it on or distributing it through the Services, or allowing them to be distributed through the Services. This includes private messages exchanged by you and other users through the Services. This “User Content and Activities” section shall survive any expiration or termination of your relationship with Holooly.

Acceptable Use Policy

You are solely responsible for the User Content you submit, through or in connection with our Services, and any material or information that you transmit to other users and for your interactions with other users. When you contribute, upload, or otherwise provide User Content via the Services, you agree to comply with the following Community Usage Rules. In addition to removing such prohibited materials, Holooly may terminate the responsible accounts, and/or report such activities to law enforcement authorities as appropriate.

Prohibited User Content includes, but is not limited to, material that Holooly determines:

  1. is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;
  3. exploits people in a sexual or violent manner or contains nudity, excessive violence, or offensive subject matter or contains a link to an adult or otherwise objectionable website;
  4. posts information that poses or creates a privacy or security risk to any person;
  5. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  6. constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  7. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spamming,” or “spamming”;
  8. contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
  9. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons or providing or creating computer viruses;
  10. involves commercial activities and/or sales without prior written consent from Holooly such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  11. includes a photograph or video of another person that you have posted without that person’s consent;
  12. violates or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights, or any other rights of any person.

Prohibited activities include, without limitation:

  1. unauthorized advertising to, or solicitation of, any user to buy or sell any products or services;
  2. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of our Services;
  3. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  4. modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from the Services;
  5. covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any Holooly page via HTML/CSS or any other means;
  6. any automated use of the Services, such as but not limited to, using scripts to send messages or posts;
  7. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
  8. displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity using the Services on behalf of that person, such as placing commercial content on review posts or solutions, links to e-commerce sites not authorized by Holooly, or sending messages with a commercial purpose;
  9. activity unrelated or disruptive to the Services, such as intentionally distributing the wrong solutions to problems, submissions that force browsers to scroll horizontally, large blank or content-free submissions, “Bumping” multiple older topics (posting in them well after the last post), posting multiple identical or near-identical messages or topics, including “fad” topics, hard-to-read topic titles (e.g., ALL CAPS, AlTeRnAtE cApS, no spaces, no or excessive punctuation), or multiple hard-to-read or nonsensical messages in a single or multiple topics; or
  10. using the Services in a manner inconsistent with any applicable law.
 

Service Modifications

Holooly reserves the right, in our sole discretion, to make changes to or discontinue any of the Services at any time. Any description of the Services provided by Holooly is not a representation that the Services are working or will always work in that manner, as Holooly is continuously updating the Services, and these updates may not always be reflected in the Terms of Use.

Email and Text Message Notifications

Notifications or receipts from Holooly will be delivered to you by email at the address you provided to Holooly when you created your account or as later updated. You may also opt to receive text message reminders from Holooly, as a courtesy to you.

Holooly may contact you, sometimes through an automated or pre-recorded message, using the phone numbers you provide to Holooly, including wireless numbers, to remind you that rental books are due to be returned or otherwise provide the Services. You are still responsible for compliance with the Terms of Use.

Holooly will not ask you for your personal information, account username, and password, or any information about you or your method of payment via email or text message. If you receive such an email or text message purportedly from Holooly, it is fraudulent and Holooly will have no responsibility for any misuse of any information you provide as a result.

Account Cancellation

You may request the cancellation of your account at any time throughout your use of our Services. To the fullest extent permissible under applicable law, your account will only be canceled and closed after all transactions have been processed including payment of assessed penalties or the cashing of any refund check, if applicable.

Holooly may cancel your account in its sole discretion for any reason, including but not limited to inactivity or misuse. Even if your account is canceled, your photos, bibliographic and citation information, comments, likes, friendships, and any other data you have shared via the Services may persist within the Service after the cancellation of your account (for example, if your content has been reshared by others).

Payments and Payment Processing

Validation:

Holooly may require users of the Services to provide a valid method of payment (e.g., credit or debit card, PayPal account, etc.) tied to an account at a financial institution when they register for an account (to ensure users are able to make applicable payments to Holooly) or upon ordering products or services. If a method of payment is required, you are responsible for ensuring that a valid method of payment is associated with your Holooly account at all times (either the original method of payment or a replacement).

Other Policies:

Where your billing address is requested, you must provide the address and phone number your financial institution has on record, as well as the card’s security code (e.g., CVC, CVV, CID). Holooly will make reasonable efforts to process your transactions in a timely manner, but we make no guarantees regarding the processing time for charges.

Holooly may store your method of payment and you hereby acknowledge and agree that Holooly may charge you for, and you will pay for, any charges specified on the Services and for any auto-extension associated with your account under the terms of use.

Holooly reserves the right to place you into collections if you fail to timely pay for the products and services ordered through the Services; collections may be done by Holooly or a third-party on Holooly’s behalf. You also agree that we may, at our discretion, send your account to a collection agency, and recover our reasonable costs of collection from you, if you fail to pay all fees due and owing to Holooly.

For security reasons or to otherwise confirm a financial instrument or payment, Holooly may delay providing products or services even if such delay impacts a guaranteed delivery date.

Linking Policy

Holooly grants you the revocable permission to link to the web sites on which these Terms of Use are posted; provided, however, that any link to such a web site: (a) must not frame or create a browser or border environment around any of the content on such web sites or otherwise mirror any part of such web sites; (b) must not imply that Holooly or the Services are endorsing or sponsoring any third-party or its products or services, unless Holooly has given the third-party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Holooly’s sole opinion, harm Holooly or its products or services; (d) must not use any Holooly trademarks without the prior written permission from Holooly; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Holooly’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms of Use. By linking to a Holooly Website, you agree that you do and will continue to comply with the above linking requirements.

Notwithstanding anything to the contrary contained in these Terms of Use, Holooly reserves the right to prohibit linking to any Holooly Website for any reason in our sole and absolute discretion.

Course Searches and Other Information Specific to an Academic Institution

We may tie your Holooly experience to information about the school you have identified to Holooly. For certain schools, the Services enable you to search and retrieve information about the materials required for particular courses. Please be aware that course information and assigned materials may change from time to time, and Holooly may not receive updated information from the school in a timely manner.

Holooly is not responsible for any errors in the information provided in the course searches on the Services. Where specific school names or information related to a specific school are displayed, they do not imply any endorsement or approval by the school. Except where specifically stated, Holooly has no affiliation with nor endorsement from any academic institution, and school names and information are used on the Services only to the extent necessary to organize, identify and permit the use of information and sections of the Services that may be tailored to students of a particular school, or for other lawful uses.

Categories of Users

You may use Holooly’s homework help services as a “Member” or a “Visitor.” “Members” may include a variety of designated levels of members who may be charged for services according to the terms of the particular offer or registered free members (a “Free Member“), or other membership levels. “Visitors” are users that have not registered for an account with access to and use of certain aspects of the homework help services, which may be restricted and only available to certain Members. The membership levels, the benefits, and pricing of each level of membership may vary and are subject to change at any time, please read the terms of any particular level of membership carefully before accepting it. Holooly may modify these levels and benefits from time to time, and each such modification is effective as soon as we post it on the relevant Services except to the extent that your particular pricing structure is established in writing for a period of time in the future, such as an annual plan. It is therefore important that you review the membership page regularly to ensure you are aware of any such changes.

Homework Help, Study Guide, and Note Usage

Holooly’s homework help, study, and note services are available merely as informational and study aids and should not be considered substitutes for applicable coursework, homework, class and lecture requirements, assignments, and related materials. In using the Services, you specifically agree not to use, claim, or submit as your own any portion of the help materials.

Holooly does not guarantee the accuracy or quality of answers or other study material that appear on the Services, some of which may be posted by other users. You further agree the Services may present information that is incorrect or inconsistent when compared to similar content and materials, including solutions and their methodologies, provided or preferred by publishers of applicable problems or instructors of applicable courses.

Outlines, Study Guides and Notes

Holooly may permit users to upload and in some cases sell content for the purpose of aiding others in the education and learning process. Users may not post content owned or created (except if it is in the public domain) by another person and hereby represent and warrant that: (i) each was created by the user and the user is the sole owner of all content posted to Services sites and all rights in such content (except for public domain content), including, without limitation, copyright and (ii) the posting of Content on or through the Services will not breach the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any third-party. Users agree to pay for all royalties, fees, and any other monies owing to any third-party for any content provided by you to the Services. Users of the Services agree to exclude from such content any documents, records or files made accessible to them by (a) your school, professor or another instructor, (b) any board of examination, (c) any author or publisher whose works have been used as part of studies or (d) any co-student.

In creating study-related content, students must respect any intellectual property rights that others may have in content. All content posted on the Services must be independently created, transformative, and non-derivative. It should not be a transcript or recording of another’s independent efforts, nor should it copy from materials purchased from or created by others. It should go beyond simply summarizing material covered in class or in written or recorded materials, but include information raised by students in or outside of class, and independent thought, analysis, and commentary. Class notes, for example, must be substantially rewritten after class and include independent thought and analysis, research, and information; notes that use a lecturer’s words or that are not carefully reviewed, rethought, and rewritten after class are not useful to or appreciated by students, and not permitted on the Services.

Schools may have their own policies that place restrictions on a student’s ability to make commercial use of study materials, even otherwise lawful materials that the student has independently created. You are responsible for becoming familiar with such policies, abiding by them, and discontinuing the use of any Services if such use is contrary to your school policy or the instruction of your professor.

Class notes and study guides are solely for the specific use of students in the designated class for which they are created. Individuals who are not registered for a class may not purchase study guides, class notes, or outlines for that class. Check the accuracy of all information from study guides, class notes, answers, and outlines – to the fullest extent permitted under applicable law, Holooly does not guarantee their accuracy or completeness, they are simply an aid to the study process.

Limitations of Liability; Waiver

In no event shall the holooly parties be liable for any indirect, economic, special, incidental or consequential losses or damages related to: (a) the services; (b) the holooly content; (c) user content; (d) your use of, inability to use, or the performance of the site; (e) action taken in connection with an investigation by the holooly parties or law enforcement authorities regarding your use of the site; (f) action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the services’ technical operation; or (h) any damage that results from events beyond our reasonable control, such as damages to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the holooly parties have been advised of or should have known of the possibility of such damages.

In no event will the holooly parties total liability to you for all damages, losses, or causes of action exceed the amounts paid by you, if any, to holooly up to $100.

The prior limitation on damages is not intended to limit the holooly parties’ obligation to pay prevailing party costs or fees if recoverable pursuant to applicable law. The limitations set forth in this section will not limit or exclude the holooly parties’ liability for personal injury or property damage caused by the holooly parties, or for the holooly parties’ gross negligence, fraud or intentional, willful, malicious or reckless misconduct. This section shall survive any expiration or termination of your relationship with holooly.

You agree that in the event you incur any damages, losses, or injuries that arise out of the holooly parties’ acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, property, product, service, or other holooly content owned or controlled by the holooly parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other holooly content owned or controlled by the holooly parties.

By accessing the services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive.

Indemnity

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Holooly Parties from and against any and all loss, liability, damages, judgments, claims, demands, costs, investigations, settlements, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or directly or indirectly relating to (a) your User Content; (b) your use of the Services or activities in connection with the Services; (c) your breach or anticipatory breach of these Terms of Use; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Holooly Parties’ use of your information or User Content as permitted under these Terms of Use, the Privacy Policy, or any other written agreement between you and Holooly. You will cooperate as fully required by the Holooly Parties in the defense of any claim. The Holooly Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of a duly authorized employee of the Holooly Parties. These indemnity obligations shall survive any expiration or termination of your relationship with Holooly.

Export

Software related to or made available by the Services may be subject to United Nations export controls.

Thus, no software from the Services shall be downloaded, exported or re-exported: into or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United Nations has embargoed goods. By downloading any software related to Holooly Websites, 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. Further, by using any of the Services, you represent and warrant that you are not on any United Nations list of restricted or prohibited persons.

Legal Disputes

If a dispute arises between you and Holooly, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that relates to or arises out of the Terms of Use or the Services or your use of the Services (a “Claim“) in accordance with the subsections below.

General. You and Holooly agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof (collectively, “Disputes“) will be settled by binding arbitration; except that either party retains the right to bring an individual action in small claims court. Without limiting the preceding sentence, you will also have the right to litigate any other Disputes if you provide Holooly with written notice of your desire to do so by email at info@holooly.com or regular mail at our offices located at Holooly LTD.

You acknowledge and agree that you and Holooly are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Further, unless both you and Holooly otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Legal Disputes” section will be deemed void. This “Legal Disputes” section will survive any termination of these Terms of Use. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights or breach of the User Content and Activities provisions of this Agreement.

Policies

When using the Services, you are subject to any posted policies or rules applicable to features you use through the Services, including without limitation the Terms of use, Privacy Policy.

All such policies or rules are hereby incorporated into these Terms of Use. These policies may change from time to time.

Price Lists

If a product is listed at an incorrect price due to typographical error or an error in pricing information or for any other reason, Holooly shall have the right to refuse or cancel any order whether or not the order has been confirmed and your method of payment charged. If your method of payment has already been charged and your order is canceled, Holooly will issue a credit to your method of payment.

Certain Payments and Renewals

Payment for certain Services is due in advance of each applicable membership period (e.g., monthly or annually).

MONTHLY AND ANNUAL MEMBERSHIPS MAY AUTOMATICALLY RENEW AND YOUR CREDIT CARD OR OTHER PAYMENT METHOD WE HAVE ON FILE FOR YOU WILL BE CHARGED ON THE FIRST DAY OF EACH RENEWAL PERIOD UNTIL YOUR MEMBERSHIP IS TERMINATED BY US OR CANCELLED BY YOU. IF ANY OF OUR CHARGES ARE REJECTED FROM THE PAYMENT METHOD YOU HAVE INDICATED IS YOUR PREFERABLE PAYMENT METHOD, YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO, IN OUR SOLE DISCRETION: (I) RETRY SUCH PAYMENT METHOD; AND/OR (II) COLLECT FROM ANY OTHER PAYMENT METHOD WE HAVE ON FILE FOR YOU.

You agree to pay all applicable fees for your memberships and use of our paid Services, plus any applicable taxes or other charges as may be required, when due and payable. All fees and charges are payable in advance and non-refundable, including after cancellation, unless otherwise disclosed at the time of purchase. If you wish to cancel your membership in a Service (if available), please visit the customer support web area on the Services.

Cancellation of memberships (if available) will take effect as detailed in the cancellation information for the specific Service you want to cancel.

A message to students:

As current and former students, the Holooly team understands the pressures and time constraints school creates. That being said, we also know from the unfortunate tales of our peers that the risk you take by violating your school’s code of academic integrity is not worth the reward. Copying solutions or posting unexplained final answers promotes completion without comprehension, and that’s something we don’t support on the Services.

Changes

Holooly may modify the Terms of Use including the linked policies contained herein from time to time (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Holooly Website so that they are accessible via a link on the home page, and that your use of our Services after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify), you agree to be bound by the then-current version of the Terms of Use, including any changes we may have made since the last time you used our Services. It is therefore important that you review the Terms of Use regularly to ensure you are aware of any such changes.

The updated Terms of Use will be effective as of the time of posting, or such later date as may be specified in the updated Terms of Use, and will apply to your use of the Services from that point forward.

Entire Agreement

The then-current Terms of Use, including (a) any related policies and terms referenced in the Terms of Use and (b) any Additional Terms, are the entire agreement between you and Holooly regarding the Services. The Terms of Use may not be modified without the consent of a duly authorized representative of Holooly and will supersede and prevail over any terms or conditions you may include with any purchase order or other transaction document or communication with us, regardless of whether Holooly signs them or fails to object to them. This “Entire Agreement” section shall survive any expiration or termination of your relationship with Holooly.