Terms of Service

  1. Introduction
    1. Hopdata (“Hopdata Wireless”) provides certain software, mobile apps and services to end users. These Terms of Service cover all software and services Hopdata may provide to users now and in the future, as well as Hopdata’ website(s).
    2. The following Terms of Service, together with Hopdata’s Privacy Policy at hopdata.com/privacy] (collectively, the “Terms”), form a legal contract between you, the end user of the Hopdata Products (“you”), and Hopdata regarding your use of the Hopdata Products.
  2. Hopdata Products License Grant.
    1. Ownership of Hopdata Products. The Hopdata Products are owned and operated by Hopdata. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Hopdata Products provided by Hopdata (the “Materials”) are protected by United States copyright, trade dress, patent and trademark laws, international conventions, and other relevant intellectual property and proprietary rights and applicable laws. Except for any Content provided and owned by users, all Materials contained on the Hopdata Products are the property of Hopdata or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks and trade names are proprietary to Hopdata or its affiliates and/or third-party licensors. Except as expressly authorized by Hopdata, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Hopdata reserves all rights not expressly granted in these Terms.
    2. License Grant. Subject to your compliance with these Terms, Hopdata hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Hopdata Products for your own personal use.
    3. Reservation of Rights. Hopdata reserves all rights not expressly granted in these Terms.
  3. Ownership of Content; Representations and Warranties.
    1. Ownership of Content. You understand that all data made available through the Hopdata Products, including without limitation text, video, images, audio and other digital content which you may have access to as part of, or through your use of, the Hopdata Products (“Content”) is the sole responsibility of the person from whom such Content originated.
    2. Use of Content. You should be aware that Content may be protected by intellectual property rights held by third parties. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Hopdata or by the owners of that Content in a separate agreement.
    3. Hopdata Does Not Control External Sites or Content. You understand that by using the Hopdata Products you may be exposed to Content that you may find offensive, indecent or objectionable and that you use the Hopdata Products at your own risk. Hopdata reserves the right but shall have no obligation to pre-screen, review, flag, filter, modify or refuse to display Content in its discretion. You acknowledge and agree that Hopdata is not responsible for Content you view, or for the operation, terms of use, privacy practices or other aspects of External Sites.
    4. Hopdata Does Not Provide Network Connectivity. You acknowledge that specific external web and application servers and internet access generally may be unavailable from time to time, and agree that Hopdata cannot guarantee the availability of Content. 3.5 Availability of Sponsored Content. Some of the Hopdata Products may allow Content providers to sponsor Content access over mobile data networks. Depending on agreements Hopdata has reached with Content providers and mobile carriers, some Content may be presented differently or may be unavailable from time to time based on your method of connecting to the internet. You understand and acknowledge that your user experience may be affected by your use of cellular vs wifi networks and other factors.
    5. Your Data Usage Rates May Vary. Some of the Hopdata Products allow third parties to sponsor Content by paying for the cellular data you use. In such cases, Content is only sponsored when a sponsored content indicator is visible in the Hopdata Products. If you can’t see the indicator you may incur fees for the data you use. Hopdata expressly disclaims any liability you may incur for data usage fees.
    6. Ownership and Responsibility for Your Content. Hopdata acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Hopdata Products, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are solely responsible for (and that Hopdata has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Hopdata Products and for the consequences of your actions (including any loss or damage which Hopdata may suffer) by doing so.
  4. Prohibited Conduct.
    1. By using the Hopdata Products you agree not to:
      a) rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 2.1 above);(b) post, upload, or distribute any defamatory, libelous, or inaccurate material;(c) post, upload, or distribute any material that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;(d) impersonate any person or entity, falsely claim an affiliation with any person or entity, misrepresent the source, identity, or content of information transmitted via the Hopdata Products, or perform any other similar fraudulent activity;(e) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Hopdata Products or Content, features that prevent or restrict use or copying of any Content, or features that enforce limitations on the use of the Hopdata Products or Content;(f) modify, adapt, translate or create derivative works based upon the Hopdata Products or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;(g) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or network protocols of the Hopdata Products or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;(h) intentionally interfere with or damage operation of the Hopdata Products or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;(i) use the Hopdata Products to make unsolicited offers, advertisements, proposals, or send junk mail or spam. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;(j) use the Hopdata Products for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy; or(k) use the Hopdata Products to interfere with, gain unauthorized access to, overload or otherwise violate the integrity or security of any server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing.
    2. No Removal of Marks. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Hopdata Products.
    3. Avoidance of Brand Confusion. You agree that in using the Hopdata Products, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
  5. Third-Party Sites, Products and Hopdata Products; Links.
    1. Some of the Hopdata Products may display third party web sites, applications or services (“External Sites”). Hopdata does not endorse any such External Sites or the information, materials, products, or services contained on or accessible through External Sites. In addition, your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Hopdata Products are solely between you and such third parties. Access and use of External Sites, including the information, materials, products, and services on or available through External Sites is solely at your own risk.
  6. Termination; Terms of Service Violations.
    1. By Hopdata. You agree that Hopdata, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with Hopdata or your use, in whole or in part, of the Hopdata Products and remove and discard your stored data (if any) at any time. Hopdata may also in its sole discretion and at any time discontinue providing access to the Hopdata Products, or any part thereof, with or without notice. You agree that any termination of your access to the Hopdata Products or any account you may have or portion thereof may be effected without prior notice, and you agree that Hopdata will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Hopdata may have at law or in equity.
    2. By You. Your only remedy with respect to any dissatisfaction with (a) the Hopdata Products, (b) any of these Terms, (c) any policy or practice of Hopdata in operating the Hopdata Products, or (d) any Content or information transmitted through the Hopdata Products, is to discontinue using the Hopdata Products and remove all Hopdata software.
  7. Indemnification.
    1. You agree to indemnify and hold Hopdata, and its officers, directors, employees, shareholders, agents (collectively “Agents”), licensors, subcontractors, affiliates, partners, licensors and suppliers (“Affiliates”) harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Hopdata Products, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Hopdata reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Hopdata, and you agree to cooperate with Hopdata’s defense of these claims. Hopdata will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
  8. Disclaimers; No Warranties.
    1. Hopdata Products Provided As Is. You expressly agree that the use of the Hopdata Products is at your sole risk. The Hopdata Products and any information, third party software, Content, External Sites, services or applications made available in conjunction with or through the Hopdata Products are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied.
    2. No Express or Implied Warranties. Hopdata and its Affiliates do not warrant that the data, Content, functions or any other information offered on or through the Hopdata Products or any External Sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Hopdata and its Affiliates do not warrant or make any representations regarding the use or the results of the use of the Hopdata Products or any External Sites in terms of correctness, accuracy, reliability, or otherwise.
    3. Disclaimer. To the fullest extent permissible pursuant to applicable law, Hopdata and its Agents and Affiliates disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Hopdata or through the Hopdata Products will create any warranty not expressly stated herein.
  9. Limitation of Liability and Damages.
    1. Limitation of Liability. Under no circumstances will Hopdata or its successors, Agents or Affiliates be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to these terms or that result from your use or your inability to use the Hopdata Products, and Content provided thereon or any External Sites, or any other online or offline interaction facilitated through use of the Hopdata Products, even if Hopdata has been advised of the possibility of such damages.
    2. Limitation of Damages. The aggregate cumulative liability of Hopdata and its successors, Agents or Affiliates for damages, losses, and causes of action arising out of or relating to these Terms or your use of the Hopdata Products or your online or offline interaction facilitated through use of the Hopdata Products (whether in contract, tort including negligence, warranty, or otherwise) will not exceed $100.
    3. External Sites. These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided on any External Sites or otherwise by third parties other than Hopdata and received through or advertised on the Hopdata Products.
    4. Basis of the Bargain. You acknowledge and agree that Hopdata has offered its products and services and entered into these Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Hopdata, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Hopdata. Hopdata would not be able to provide the Hopdata Products to you on an economically reasonable basis without these limitations.
    5. Limitations by Applicable Law. Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in these terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
  10. Miscellaneous.
    1. Modification of These Terms. Hopdata may amend these Terms from time to time by posting an amended version on Hopdata’s website, within the app(s) and/or by sending you written notice thereof. Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”). If you object to any such changes, your sole recourse will be to discontinue use of the Hopdata Products. Your continued use of the Hopdata Products following the Proposed Amendment Date shall constitute your acceptance of such changes. Notwithstanding the foregoing, Hopdata may amend the Privacy
      Policy at any time as set forth therein. Hopdata reserves the right to modify, suspend, or discontinue the Hopdata Products upon notice to you. Hopdata shall not be liable should Hopdata exercise its right to modify, suspend, or discontinue the Hopdata Products.
    2. Notices. Hopdata may provide you with notices, including those regarding changes to Hopdata’s terms and conditions, by email or postings on Hopdata’s website and within the app(s). Notice will be deemed given twenty-four hours after email is sent, unless Hopdata is notified that the email address is invalid. Notices posted on Hopdata’s website and within the app(s) are deemed given 30 days following the initial posting.
    3. Waiver. The failure of Hopdata to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Hopdata.
    4. Dispute Resolution by Binding Arbitration; Class Action Waiver. You and Hopdata agree to resolve any claims relating to these Terms through final and binding arbitration without giving effect to any principles of conflicts of law. The parties agree that, except as set forth under Exceptions to Agreement to Arbitrate below.Opt-out of Agreement to Arbitrate. You may opt out of this agreement to arbitrate. If you do so, neither you nor Hopdata can require the other to participate in an arbitration proceeding. To opt out, you must notify Hopdata in writing within 30 days of the date that you first became subject to these Terms. Your notice must include your name and residence address, the email address for your account on the Hopdata(if any), and a clear statement that you want to opt out of this arbitration agreement. You must send your notice to the address in section 10.11 below.Arbitration Procedures. The American Arbitration Association will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The AAA rules will govern payment of all arbitration fees.Exceptions to Agreement to Arbitrate. Either you or Hopdata may assert claims, if they qualify, in small claims court in King County, WA or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Hopdata, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights)without first engaging in arbitration or the informal dispute-resolution process described above.Class Action Waiver. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Neither you nor Hopdata will participate in a class action or class-wide arbitration for any claims covered by these Terms. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Hopdata is a party to the proceeding.

      Judicial Forum for Disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Hopdata agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of King County, WA. Both you and Hopdata consent to venue and personal jurisdiction there.

    5. Severability. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
    6. Assignment. These Terms and any rights and licenses granted hereunder, may be transferred or assigned by you only with Hopdata’s prior written consent. Any assignment attempted to be made in violation of these Terms shall be void.
    7. Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 3, 4, 5, 7, 8, 9 and 10.
    8. No Third Party Beneficiaries. The parties specifically disavow any desire or intention to create a third party beneficiary contract, and specifically declare that no person, except for the parties and their permitted assigns, shall have any rights hereunder nor any right of enforcement hereof.
    9. California Required Disclosures. The services are offered by Hopdata, located at: 119 First Avenue South, Suite 100, Seattle, WA 98104 and email: [email protected]. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.