Terms of Use Agreement

Welcome to DeHood, Inc.’s mobile device software application (“DeHood”), web site, web widgets, and other various applications for third-party websites and services, and any other mobile or web services or applications owned, controlled or offered by DeHood, Inc. (together known as the “DeHood Services”).

By downloading DeHood or using any of the various DeHood Services, you acknowledge and agree to the following terms and conditions of use (“Terms of Use”).  Please review the Terms of Use carefully.  If you do not agree with the terms set out below, do not download and/or use DeHood or any of the DeHood Services. 

For the avoidance of doubt, the terms “us,” “we” or “our” refers to DeHood, Inc. and the term “you” refers to the user, viewer or beneficiary of DeHood and/or the DeHood Services. 

Acceptance of Agreement

By downloading or using DeHood or any of the DeHood Services, you agree to the following terms of use (“Agreement”).  With respect to this agreement, please be aware that:

• the Agreement constitutes the entire contractual agreement between you and DeHood, Inc., and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to DeHood and the DeHood Services;
• the Agreement may be amended at any time by us without specific notice to you.  It is your responsibility to review the most up-to-date version of this agreement prior to using DeHood or the DeHood Services.

Eligibility

With respect to your eligibility to use DeHood or the DeHood Services, please be aware that:

• you are only eligible to use DeHood and the DeHood Services if you are at least 13 years of age or older.  Use is unauthorized and in violation of the Agreement for anyone who has not reached at least 13 years of age;
• by using DeHood and/or the DeHood Services, you represent to us that you are at least 13 years of age or older; and
• we may, at our sole and absolute discretion, terminate your use of DeHood or the DeHood Services if we believe that you are under the age of 13 or were previously not yet 13 when you used our services.  If we decide to take this step, we may terminate your account, delete your profile with any personal content you may have uploaded, stored, or placed in it, and take reasonable steps to prevent you from using DeHood or the DeHood Services in the future.

Privacy and Data Protection

With respect to privacy and data protection, please be aware that:

• we will take reasonable steps to ensure that the data you share with us, including personal information you upload to your profile, is not subject to unauthorized access by third parties;
• we believe that your privacy and data security are important, and therefore encourage you to begin a dialogue with us whenever you have a question or concern about how we use your information.  So that we can effectively work with you to make your experience on DeHood as rewarding as possible, we will take reasonable steps to respond in a timely fashion to any inquiries or concerns you send about privacy, data protection and integrity, or related matters to privacy@dehood.com; and
• by using DeHood or the DeHood Services, you acknowledge and agree to our Privacy Policy.  If and when we change this policy, we will provide notice to you by placing an amended Privacy Policy in the DeHood mobile application and by publishing the amended policy at the relevant online properties within the DeHood Services suite.

Mobile Services

With respect to the use of DeHood on a mobile device, please be aware that:

• you must consult your mobile service provider in relation to any charges for data services that are incurred through the use of DeHood, as DeHood, Inc. is not responsible for these charges;
• by using DeHood and the DeHood Services, you agree that we may communicate with you regarding DeHood or the DeHood Services by text message, email, or push notification in a way that is consistent with your privacy preferences as set out in your Profile in DeHood; and
• by using DeHood and the DeHood Services, you acknowledge and agree that if the services we provide include any location-based services, your location may be shared with DeHood users and DeHood, Inc. third-party partners in a way that is consistent with your privacy preferences as set out in your Profile in DeHood. 

Copyright

With respect to copyright generally, please be aware that:

• the organization, design, content, and other aspects of the DeHood mobile application and the DeHood Services (“Protected Content”) are protected under applicable copyright, trademark, and other applicable intellectual property law; and
• aside from the limited uses we authorize in Section 7 below, you are prohibited from using, copying, distributing or publishing any Protected Content.

Service Marks

“DeHood” and “DeHood, Inc.” are registered service marks or trademarks.  You must not use these service or trademarks without prior written authorization from DeHood, Inc.

Limited License

You are granted a non-exclusive, non-transferable, revocable license to access and use the DeHood mobile application and the DeHood Services strictly in accordance with this Agreement.  If you use DeHood or the DeHood Services (a) in violation of this Agreement or (b) in a way that breaches any applicable local, state or federal law, we may elect, at our sole and absolute discretion, to terminate this limited license and take whatever steps are necessary to terminate your account. 

We also reserve the right to pursue legal action against users who use DeHood to engage in unlawful conduct that is harmful to the commercial and civic interests of DeHood, Inc.

Conditions on Linking to DeHood Online Services

You may link to websites that fall under the DeHood Services suite, provided that you:

• do not remove, resize, corrupt or otherwise alter advertisements or legal notices on the DeHood website property or properties to which you link;
• do not engage in illegal, inappropriate, or pornographic conduct on your site or sites; and
• terminate links to our website(s) immediately upon our request (which may or may not come with explanation or justification from us).

Advertisers

The DeHood application and the DeHood Services will contain third-party advertising and other commercial content.  While we take reasonable steps to ensure the accuracy of this content, we cannot be held responsible for inaccuracies in third-party advertising content nor can we make representations that such content is consistent with all applicable local, state and federal law. 

With this in mind, you acknowledge and agree that:

• you will use DeHood and the DeHood Services at your own risk, aware that commercial offers, incentives and deals are being offered to you by third-parties that DeHood, Inc. does not own or control; and
• in the event that a third-party business fails to honor an incentive, deal, promotion, or coupon served through or communicated by way of our platform, DeHood, Inc. cannot be held liable in any fashion for the conduct of that third-party business. 

Registration

In order to use DeHood and the DeHood Services, you must first register and create an account.  While we have tried to make the sign-up procedure as painless as possible, there are certain types of information that we must have in order to grant your account privileges (e.g., your name and email address).

Errors and Correction Procedure

While we strive to make sure that DeHood and the DeHood Services are free from errors and inaccuracies, we do not represent or warrant that the services we provide will be error-free, free of technical flaws, or that defects will be corrected within a particular time-frame. 

If, however, you believe that you have identified something that is an error, an inaccuracy, or a technical problem, please email corrections@dehood.com and we will do our best to respond to the issue in a reasonable time frame.

Third Party Content

You acknowledge and agree that third-party content on DeHood and the DeHood Services represents the thoughts, sentiments and intentions of that third-party and not the views of DeHood, Inc. 

In addition, you acknowledge and agree that DeHood, Inc. shall not be liable for any offensive, pornographic, defamatory, incorrect, false, obscene or otherwise unlawful content on DeHood or the DeHood Services. 

Unlawful Activity

We reserve the right to take any action we deem necessary – including account termination and legal action – if we believe you may have engaged in unlawful activity of any kind. 

We also reserve the right to investigate complaints or reported violations of this Agreement, including reporting any suspected illegal conduct to law enforcement officials, regulators, or other relevant third-parties.   Where we decide, at our sole and absolute discretion, to report suspected illegal conduct, we will disclose any information necessary or appropriate to such persons, entities or institutions, including your profile, email addresses, usage history, posted materials, IP addresses and any other data that is relevant under the circumstances.

Indemnification

Where you violate this Agreement in any fashion, you agree to indemnify, defend and hold us and our partners, agents, directors, officers, employees, subcontractors, third-party suppliers of information, attorneys, advertisers, product and service providers, and other affiliates (“Affiliated Parties”) harmless from any liability, loss, or claim, including reasonable attorney’s fees and other collateral costs. 

Disclaimer of Warranty

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION ON THIS MOBILE APPLICATION AND AVAILABLE VIA THE DEHOOD SERVICES ARE PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND.

DEHOOD HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, DEHOOD DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.  WITHOUT LIMITATION, DEHOOD MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH DEHOOD OR THROUGH DEHOOD ADVERTISERS OR PARTNERS; THAT DEHOOD WILL MEET MEMBERS' REQUIREMENTS; OR THAT DEHOOD WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE; NOR DOES DEHOOD MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF DEHOOD OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH DEHOOD.

YOU HEREBY RELEASE DEHOOD, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AND RELEASE THEM FROM AND AGAINST ANY CLAIMS AND DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING FROM YOUR USE OF THE WEBSITE AND THE SERVICES.  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."

DeHood or the DeHood Services may contain technical defects, inaccuracies or typographical errors.  DeHood, Inc. assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions in the DeHood mobile application or in the DeHood Services.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT DEHOOD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILITATED PARTIES WILL NOT BE LIABLE TO YOU OR ANY USER OF YOUR ACCOUNT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF DEHOOD OR THE DEHOOD SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  OUR AGGREGATE LIABILITY ARISING OUT OF THE USE OR MISUSE OF THE WEBSITE AND THE SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Third Party Services and Policies

With respect to third-party services you use, access, learn about or explore through DeHood or the DeHood Services, you acknowledge and agree that:

• the third-parties are solely responsible for all aspects of handling or processing any commercial transactions with you, including order fulfillment, billing and customer service;
• you have entered into commercial activities with these third-party businesses at your own risk;
• DeHood, Inc. shall under no circumstances be responsible for providing warranties of any kind in relation to goods and services provided by third-party businesses.  For the avoidance of doubt, DeHood, Inc. is not responsible for providing warranties of title, fitness for a particular purpose, merchantability or non-infringement; and
• DeHood, Inc. shall under no circumstances be liable for any damages arising from transactions that you engage in with these third parties. 

Copyright Compliance Policy

DeHood, Inc. respects the copyright privileges of others and ask that you do the same. 

If you are a copyright holder and you believe that your work has been used in an unauthorized fashion by one of our users or partners, please email our Copyright Agent at copyright@dehood.com. 

When filing a request to have copyrighted material removed from DeHood or from the DeHood Services, be aware that your request must comply with the Digital Millennium Copyright Act’s (“DMCA”) notice and take-down requirements.  To comply with the DMCA’s requirements, Please provide the following information to our Copyright Agent when making a request for removal (“Infringement Notice”): 

• an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
• a description of the copyrighted work that you claim has been infringed, along with accurate website links (if available);
• a description of where the offending material is located on DeHood or the DeHood Services;
• your address, telephone number, and email address;
• a statement that you have a good faith belief that the DeHood user or partner is not authorized to use the copyrighted material in question; and
• a statement by you indicating, made under penalty of perjury, that the above information in your Infringement Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Obligation to Comply With Existing Law

You represent to us that you will comply with all existing local, state, federal and international laws, statutes, ordinances and regulations in relation to your use of DeHood and the DeHood Services.

Miscellaneous

This Agreement shall be treated as though it were executed and performed in Palo Alto, California, and shall be governed by the laws of the State of California.

Arbitration

Any legal controversy or claim arising from your use of DeHood or the DeHood Services that you initiate shall be settled in accordance with the commercial arbitration rules set out by JAMS and available at the JAMS website: http://www.jamsadr.com/. 

Any arbitration between you and DeHood, Inc. shall be conducted in Santa Clara, California, shall not be subject to consolidation with the claims of any other party, and costs shall be shared equally between you and us.  Any award resulting from the arbitration may be entered into any court having competent jurisdiction in Santa Clara, California. 

Contacting DeHood, Inc.

If you have any questions or concerns about DeHood or the DeHood Services, please feel free to email us at support@dehood.com.