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Other Policies & Terms
Last Modified March 9, 2022

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 filling the form below.

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.

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.

For Additional Information about "Other Policies & Terms" please send us a message.