Terms of Service

 

Table of Contents

A. The Terms

1. Acceptance of Terms

2. Definitions

3. Electronic Communications and Right to Modify Terms

 

B. The Website/App

4. SpeakWothDoc Site/App Is a Venue; Third-Party Content

5. Posts Not Private or Confidential; Anonymity

6. Verification; No Reliance on Term Expert

7. Information Not Advice; No Client-Professional Relationship

 

C. User Account

8. User Accounts; Restricted Activities; Suspension or Termination of Service

9. Charges and Refund Policy

10. Receipt of Special Offers and Other Communications

 

D. Legal Statements

11. Release

12. Proprietary Rights of Content

13. No Endorsement of Non-HopSync Entity; No Relationship with Users

14. Information Control and Storage

15. Exclusion of Warranties

16. Limitation of Liabilities

17. Indemnification

18. Press Release Information

19. Choice of Law and Forum

20. Agreement; Assignment; Miscellaneous

 

A. The Terms

1. Acceptance of Terms
Welcome to HopSync(“Service” or “Site” or App) owned and operated by HopSync Technologies LLC., (“HopSync”). By clicking “I Agree” on the account registration or payment page or using the Site/App in any way, you are agreeing to comply with and be bound by this Agreement, the Privacy Policy and Expert Agreement for Experts (collectively “Related Agreements”), and all rules, policies and disclaimers posted on the Site/App or about which you are notified (collectively “Terms”). If you do not agree with all the Terms, do not use the Site/App. Please review all of the Terms carefully before using the Site/App.

By using the Site/App, you (i) agree to be bound by the Terms and (ii) represent that you are over the age of 18 and able to form legally binding contracts.

2. Definitions
In the Terms, “User,” “you” and “your” refer to the individual or entity that creates a HopSync account as a Customer and/or Expert. “HopSync,” “we,” “us” and “our” refer to HopSync. “Customer” refers to the person who asks a question on the Site/App. “Expert” refers to the person who answers a question on the Site/App.

3. Electronic Communications and Right to Modify Terms
When you visit HopSync.com or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site/App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your HopSync account profile, your current and active email address.

HopSync may change, revise or modify any of the Terms at any time by posting them on the Site/App. Changes shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective thirty (30) days after notice to User, either via email from support@HopSync.com to your email address on file with HopSync or via other means including but not limited to a pop-up or banner, message or other conspicuous notice on the HopSync website/app. If you specifically agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from these email addresses. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site/App. The latest Terms will be posted on the Site/App, and you should always review them prior to using the Site/App.

B. The App

4. HopSync Is a Venue; Third-Party Content
The HopSync App and Site are venues for informational and educational purposes to allow Customers to ask questions and Experts to answer them. Users of the Site/App, not HopSync, provide the content in Posts (defined below). The Experts determine which questions to answer; Experts are not employees or agents of HopSync but are, like Customers, simply Users of the Site/App.

HopSync is not involved in the conversation between Customers and Experts and does not refer Customers to or endorse or recommend particular Experts. You acknowledge that HopSync cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of Posts. Accordingly, HopSync is not liable for any acts or omissions of Experts, content in Posts, the ability of Experts to answer questions or the ability of Customers to pay for answers. We cannot ensure that a Customer or Expert will complete a transaction. Notwithstanding the foregoing, HopSync reserves the right, but is not obligated, to refuse to post or to remove any content.

EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should be directed immediately by telephone or in-person to qualified professionals (e.g. in the U.S., call 911). The Site/App is not the appropriate venue to deal with such situations.

5. Posts Not Private or Confidential; Anonymity
The Site/App is an Internet-based forum (akin to a modern version of a radio call-in program) and information submitted in the content of your questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and posts in the Expert Forum and other places where Users communicate on the Site/App (collectively “Posts”) is not private or confidential, nor is it protected by doctor-patient privelege, and it may be read, collected, and used by others. For example, search engines may index your questions, answers, and other Posts to allow them to appear in search engine results (e.g. if someone does a search on google.com, your questions, answers, and other Posts on HopSync.com that relate to the search may appear in the google.com search results list). To better protect your privacy, use an anonymous user name and do not include information regarding your identity or contact information in your Posts. On the other hand we make the best effort to ensure the communications via the Site/App is encrypted and HIPAA compliant. This effort is made even though there is no physician-client relationship established.

6. Verification; No Reliance on the Term “Expert”
Every Expert on the Site/App has had at least one credential relevant to the category in which they are answering questions verified by a third-party verification service, unless the Expert is answering questions in the Premium Account category. Other information about an Expert, not shown as verified, has been provided by the Expert but has not been verified. Use of the term “Expert” by HopSync and on the Site/App is only meant to describe Users who answer questions on the Site/App, and not to guarantee any particular level of expertise of these Experts.

HopSync contracts with third-parties to perform the verifications described above; HopSync does not itself verify the credentials of the Experts. The results of the verifications are only as accurate as the information provided to and by the third-party verification services, as of the time of the providing of information to and by the third-party verification services. HopSync makes efforts to verify, including using a third-party identity verification service, but cannot warrant or guarantee, a User’s purported identity; user identification on the Internet is difficult. For these reasons, HopSync cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of and provided by Users including Experts. HopSync will not be liable for any loss or damage caused by your reliance on any information or content contained in Posts.

7. Information Not Advice; No Client-Professional Relationship
Answers on this Site/App are to be used for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, etc.) advice. Experts will provide only general information about the question, and will not provide medical advice nor propose a specific course of action for a User. By answering questions, Experts do not form physician-patient relationships with Users of the Site/App. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Experts in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.

No professional-client relationships shall be formed on the Site/App.

Communications on this Site/App are not confidential and shall not be the subject of any associated privileges. Communications on this Site/App are limited, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.

Before you can interact with an Expert, you will be required to accept that expert, thereby consenting to be bound by these Terms and Conditions.

C. User Accounts

8. User Accounts; Restricted Activities; Suspension or Termination of Service
User Accounts. When you download this App, you will establish your profile and password for access to your historical and personal information. You are responsible for maintaining the confidentiality of your profile, password and account data, may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify HopSync of any unauthorized use of your password or account. You should only create one account on the Site/App. If any HopSync account of yours has been suspended or terminated, you may not open another account on the Site/App.

You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active HopSync accounts.

Restricted Activities. You agree that any content you provide on the Site/App and your use of our Site/App shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party’s proprietary rights or rights of publicity or privacy (HopSync has adopted Take Down Procedures for unauthorized use of copyrighted material); (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be competitive with HopSync or the Site/App; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted with “Mature Audiences Only” in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that (aa) are prohibited under the Terms; or (bb) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Site/App without HopSync’s prior written consent.

You are prohibited from soliciting Users of this Site/App, including Experts, for any purpose (including inviting other Users to contact you off of the Site/App or inviting Users to participate in a website or App that competes with HopSync or the Site or charges money to receive answers or to communicate with purported Experts or specialists).

Suspension or Termination of Service. If you wish to terminate your service, you may do so by furnishing us with written notice of your decision. Your notification must be sent via e-mail to support@hopsync.us. Cancellations will be effective within 7 business days. Any fees accrued as of the effective date of termination will be payable according to the Terms.

At any time, without notice, for any or no reason, HopSync reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Service, and to restrict, suspend and terminate Usersaccounts.

9. Charges and Refund Policy
HopSync’s platform allows you to post your questions to Experts in your questions’ categories, facilitates communication with Experts via chat, emails and online message boards, and enables delivery of answers to your questions, among other services (“Site/App access benefits”). Customers on the Site/App may be presented with one, two or three payment models: (1) pay-per-question model, (2) pay-per-appointment model, and (3) subscription model.

Pay-Per-Question. With the pay-per-question model, you accept the price presented for the Site/App access benefits related to a single question. Once you have selected the price and paid the amount, your question can be represented to the Expert on HopSync. Experts typically respond quickly, either with a request for further information or with an answer. With requests for further information, it is important that you take advantage of the opportunity to communicate directly with the Expert so the Expert can benefit from your further information in providing the answer.

Once you receive an answer from an Expert, you will be asked whether you found the answer to be helpful and would like to approve or disapprove the Expert. You are requested to approve the Expert if you found the answer to be helpful (as determined by you in your sole discretion). By approving the Expert, you are instructing and authorizing that a portion of your payment be paid to the Expert instead of to HopSync. By submitting more than one question and accepting the price, you are authorizing HopSync to charge your payment source (for example, the credit card or PayPal account you provided to HopSync) multiple times and instructing and authorizing that a portion of each of your payments be paid to the Expert instead of to HopSync. For example, if you submit two questions and accept the price, your payment source will be charged twice the price.

HopSync does not guarantee that you will receive a response from an Expert, or that you will be satisfied with your communication with an Expert. In the rare instance that no Expert responds at all to your question within thirty (30) days, you will not be charged for submitting the question.

HopSync takes customer satisfaction seriously. Accordingly, if you do not accept an answer and are not satisfied with your experience on HopSync for any reason, then as your sole remedy you may request a refund within thirty (30) days of when you paid to ask your question on HopSync here or by sending an email to Customer Service (available 24 hours a day, 7 days a week) at support@hopsync.us. If you do not request a refund within thirty (30) days of your payment, HopSync is not required to provide you a refund for any reason and shall be entitled to retain the full amount of your payment as compensation for providing the Site/App access benefits related to your question.

 

Pay-Per-Appointment. With the pay-per-appointment model, you accept the price presented for the Site/App access benefits related to a single appointment, plus all other convenience fees. Once you have selected the price and paid the amount, your appointment can be secured with the Service Provider on HopSync. Providers typically honor their appointment commitments.

Once you receive service from a Provider, you will be asked to rate the Provider on several different performance criteria. You are requested to approve the Provider if you found the service to be satisfactory (as determined by you in your sole discretion). By approving the Provider, you are instructing and authorizing that a portion of your payment be paid to the Provider instead of to HopSync. By submitting more than one appointment request and accepting the price, you are authorizing HopSync to charge your payment source (for example, the credit card or PayPal account you provided to HopSync) multiple times and instructing and authorizing that a portion of each of your payments be paid to the Service Provider instead of to HopSync. For example, if you submit two appointment requests and accept their prices, your payment source will be charged the sum total of both prices plus all applicable convenience fees.

HopSync does not guarantee that you will receive an appointment from a Provider, or that you will be satisfied with your experience as a result of an appointment. In the rare instance that the Provider does not honor your paid appointment within thirty (30) days after the confirmed appointment, you will not be charged or will be refunded for that appointment less applicable convenience fees.

HopSync takes customer satisfaction seriously. Accordingly, if you do not accept an appointment and are not satisfied with your experience on HopSync for any reason, then as your sole remedy you may cancel the appointment using the cancellation tools, and under the terms within the site/app.

Subscription. Subscriptions allow customers to receive Site/App access benefits for discounted questions on the Site/App for a monthly, quarterly or annual recurring fee. Each subscription period, subscription customers are automatically charged the subscription fee, which is placed in the Subscription Customer Pool (account of all subscription customerssubscription payments). As a subscription customer, once you receive a helpful answer (as determined by you in your sole discretion), you are requested to click on the “Approve” button, which authorizes payment from the Subscription Customer Pool to the Expert. If you do not find an answer helpful for any reason, then as your sole remedy you may disregard the answer and not accept it. At the end of each subscription period, any portion of your subscription fee remaining in the Subscription Customer Pool will be paid to HopSync as compensation for the Site/App access benefits to which you were entitled during the subscription period. Within thirty (30) days of your subscription payment, you may cancel your subscription and request a refund of your subscription fee minus any monies already paid to Experts upon your acceptance of their answers. If you agree to a subscription and then later agree to a different subscription, the terms of the later selected subscription will apply and your earlier selected subscription will be cancelled. Subscription customers will be bound by the Subscription Details so please be sure to review them carefully.

 

Experts are ineligible to participate in the HopSync subscription program as are their immediate family members (spouse, parent, child, sibling and spouse or “step” of each) and those living in the same households (persons, whether related or not, who lived in the same residence as an Expert for at least three months during the twelve-month period preceding the start of the subscription).

If we believe, in our sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, we will continue to investigate the situation until we have adequate resolution, as determined by us, and which may require the involvement of certain third parties, including any applicable credit card company. We will make commercially reasonable efforts not to exceed a ninety days hold on your account as we and/or a third-party investigate.

Refunds and Special Programs. If requested within the thirty (30) day time period specified above, you may request a refund pursuant to the refund policies above. Once you have accepted an answer or the thirty (30) days have elapsed, however, you have no right to a refund.

HopSync maintains the right to initiate special incentive, pricing, membership, and other programs. These may be limited, at HopSyncs sole discretion, to defined and limited Users or non-Users. Any promotional monies or credits placed into customer accounts by HopSync for use towards answers on the Site/App remain the property of HopSync (they never become the property of Users and never become refundable to the User), and unless otherwise stated on the Site/App or in an email to a User, will be usable only for thirty (30) days.

10. Receipt of Special Offers and Other Communications
By accepting this Agreement, you are agreeing to receive coupons, special offers, and other communications from HopSync per the terms of the Privacy Policy. You may modify this setting by making the relevant changes to your HopSync profile.

D. Legal Statements

11. Release
Users are responsible for their acts and omissions and content placed on the Site/App. Because the HopSync Site/App is a venue, in the event that you have a dispute with one or more Users, you release HopSync (and our officers, directors, agents, parents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “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.”

12. Proprietary Rights of Content
You acknowledge that HopSync and its licensors and suppliers own the rights to HopSync.com and the HopSync App and the content displayed on the Site/App other than Posts. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the http://hopsync.us website or the HopSync App, or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by HopSync, HopSync Users, or HopSync Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Site/App, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site/App. The posting of information or materials on the Site/App does not constitute a waiver of any right in such information and materials.

You agree that Posts on the Site/App, materials, ideas, comments and testimonials you submit on the Site/App or other venues, including but not limited to the HopSync blogs, the HopSync page on www.facebook.com/HopSyncApp, the HopSync venue on www.twitter.com/HopSync, or to the Site/App administrator or any employee, officer or agent of HopSync (“User Content”), will not be considered confidential and may be used by HopSync, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials. You also agree that HopSync owns, and has the right to register in its name, trademarks and service marks for any category names that you create on HopSync, so do not use a category name that you want to reserve for your own benefit. HopSync may use other trademarks or service marks in lieu of the category names that you create.

You grant to HopSync a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Posts and User Content, in any media now known or not currently known, with respect to any such Posts and other User Content.

13. No Endorsement of Non-HopSync Entity; No Relationship with Users
HopSync may endeavor to offer to its Users products and services offered by non-HopSync entities. Placement of information, logos, links or names of such non-HopSync entities on the Site/App does not constitute an endorsement or warranty of these entities, their products or services. You take full responsibility for a decision to visit or patronize any such entity and hold HopSync harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and HopSync or between any User (including Customers and Experts) and HopSync by formation of this Agreement (or any of the Related Agreements) or by your participation on the Site/App. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE/APP, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE/APP. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.

14. Information Control and Storage
We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site/App. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Site/App, you agree to accept such risks and that HopSync is not responsible for the acts or omissions of Users on the Site/App.

The amount of storage space per User is currently limited. You agree that HopSync is not responsible or liable for the deletion or failure to store content and/or other information.

15. Exclusion of Warranties
HopSync SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE/APP SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. HopSync DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE/APP OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HopSync DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE/APP WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

UNDER NO CIRCUMSTANCES WILL HOPSYNC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE/APP, FROM THIRD PARTIES (SUCH AS EXPERTS OR OTHERS) OR A LINKED SITE/APP, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE/APP. USE OF THIS SITE/APP IS AT USERS’ SOLE RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOPSYNC OR THROUGH OR FROM HOPSYNC SERVICES SHALL CREATE ANY WARRANTY.

16. Limitation of Liabilities
IN NO EVENT SHALL HOPSYNC, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR SITE/APP, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE/APP AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO HOPSYNC IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) US$100. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

You and HopSync agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose (except for causes of action arising out of Users’ responsibilities in the Indemnification section below); otherwise, such cause of action is permanently barred.

17. Indemnification
You agree to indemnify and hold HopSync, any and all parent, subsidiary, and affiliate organizations, officers, directors, agents, shareholders, consultants, employees, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys’ fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Site/App.

18. Press Releases and Third-Party Press About HopSync
The Site/App may contain press releases and other information about HopSync. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by HopSync. Likewise, third-party press about HopSync or the Site/App should not be relied upon as being provided or endorsed by HopSync.

19. Choice of Law and Forum
CHOICE OF LAW. The Terms shall be governed by, and construed in accordance with the laws of the State of Virginia, without regard to its conflicts of law provisions.

DISPUTES; DISPUTE RESOLUTION. All disputes, claims and controversies, of any sort or nature, between us, arising out of the use of the Site/App (“Dispute”), shall be resolved solely pursuant to the following procedure: (1) notification to the other party of the facts of the Dispute, the legal basis for the Dispute, and all damages claimed, in writing delivered to (a) the User’s email address on file with HopSync, or (b) legal@hopsync.us, whichever is applicable (“Dispute Notification”); (2) allowance of thirty (30) days from receipt of the Dispute Notification to receive a response to and/or offer to remedy the Dispute; (3) if the Dispute remains unresolved within those thirty (30) days, the filing of a Request for Online Mediation for Small Claims with the American Arbitration Association (“AAA”) (or Request for Mediation for the minimum of 4 hours only if the Small Claims limit is exceeded), available online at http://www.aaamediation.com/, with good faith efforts being made to resolve the Dispute during mediation, and the cost of the mediation being born equally by the parties, which cost is currently set at US$50 but may be changed by AAA; (4) if the mediation does not resolve the Dispute, submission of a Demand for Arbitration with the AAA, see http://www.adr.org/fileacase, in which case the Dispute shall be resolved by binding arbitration (by telephone, online and/or solely based on written submissions as chosen by the party initiating the arbitration, as allowed by the AAA Rules and unless otherwise agreed by the parties), with the cost of the arbitration to be born equally by the parties, unless otherwise ordered by the arbitrator(s), and with the decision of the arbitrator(s) to be enforceable in any court of competent jurisdiction.

IMPROPERLY SUBMITTED CLAIM. All Disputes must be resolved as set forth above. Disputes filed in a different manner shall be considered improperly filed, and shall entitle HopSync to attorneysfees and costs up to US$1000, provided that HopSync has notified you in writing (at the email address on file with HopSync will suffice) of the improperly filed claim, and you have failed to withdraw the claim promptly.

NO CLASS CLAIMS; WAIVER. The parties expressly agree that there shall be no class claims, consolidation or joinder allowed in any dispute between the parties, and that no claim may be made through an action purporting to represent a class of Site/App users or otherwise asserting claims on behalf of a class (“Waiver”). In the event this Waiver is found to be unenforceable, step (4) of the Dispute resolution process, requiring arbitration, shall be voided in its entirety, and the parties may file a complaint in the courts located in Fairfax County, Virginia courts and agree to waive any and all jurisdictional, venue or inconvenient forum objections.

20. Agreement; Assignment; Miscellaneous
The Terms constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any HopSync employee or agent and the Terms (other than modifications to the Terms executed in writing by the CEO or authorized-in-fact representative of HopSync), the Terms will prevail. To the extent the Terms are in conflict or inconsistent with one another, the Terms of Service and Privacy Policy will prevail for Customers, and the Expert Agreement and Privacy Policy will prevail for Experts, over other Terms of the Site/App; also, this Agreement, Related Agreements and disclaimers will prevail over FAQs, and other rules and policies on the Site/App. If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. HopSyncs failure to exercise or enforce any of the Terms shall not constitute a waiver of HopSyncs right to exercise or enforce the Terms as to the same or another instance. Headings in this and Related Agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.

You agree that HopSync may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for many reasons, including but not limited to because your interaction with other users of the Site/App the pricing offered, and fraud mechanisms in place, are based upon individual usage. HopSync shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by HopSync. No delay or omission on the part of HopSync in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.

Sections 5, 9 (with respect to amounts remaining in your account as of termination), 10, 12, 15, 16, 17, 19 and 20 above will survive any termination of this Agreement.