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Terms of Use

Terms of Use

Last Updated: August 27, 2020

These terms and conditions ("Terms" or "Terms of Use ") are a legal contract between you and Hitched, Inc. (“Hitched,” "us," "we," or "our") for the access to and use of the software as a service offering branded as Hitched, including www.hitchedapp.com and related software and content (collectively, the “Website”)  as well as for the access to, use of, and participation in the Hitched market (the “Hitched Marketplace”) and other services that we provide (collectively, with the Website and Hitched Marketplace, the “Services”).

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.  IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

HITCHED IS NOT A DIRECT PROVIDER OF EQUIPMENT OR OTHER PRODUCTS OR SERVICES THAT ARE AVAILABLE VIA THE SERVICES.  HITCHED PROVIDES INFORMATION RELATED TO AND A MEANS OF OBTAINING SUCH PRODUCTS OR SERVICES, WHICH ARE DIRECTLY PROVIDED BY THIRD PARTIES.  HITCHED ASSUMES NO RESPONSIBILITY OR LIABILITY RELATED TO THE GOODS OR SERVICES PROVIDED BY OR ACTIONS OF SUCH THIRD PARTIES.

IF YOU ARE ENTERING INTO THIS AGREEMENT WITHIN THE SCOPE OF YOUR EMPLOYMENT OR CONTRACT WITH AN ENTITY (E.G., A CORPORATION, LIMITED LIABILITY COMPANY, OR PARTNERSHIP), (A) YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT, AND (B) “YOU,” AS USED IN THIS AGREEMENT, REFERS TO YOU AND THAT ENTITY.

Rights

Subject to and conditioned on your compliance with these Terms, Hitched hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license solely to use the Services only for your internal business purposes. The rights granted to you under these Terms may only be exercised by (i) you, (ii) your employees, officers, or directors, or (iii) an individual acting your behalf, including any subcontractors (collectively, “Authorized Users”). You are responsible for any and all acts or omissions of Authorized Users, and any reference to you shall be deemed to include your Authorized Users.

Except as expressly permitted in these Terms, You shall not, and shall not allow any third-party to: (a) decompile, disassemble, or otherwise reverse engineer the Services or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Services by any means whatsoever; (b) distribute, sell, rent, lease, or use the Services (or any portion thereof) for time sharing, hosting, service provider, or like purposes; (c) modify, translate or create derivative works of any part of the Services; or (d) attempt to circumvent or disable any security mechanism that protects the Services against unauthorized use.

Information You Provide

In addition to these Terms, your use of the Services is governed by our Privacy Policy, which is posted on the Website.  You agree that our collection, use and sharing of: (a) any personal information will be as set forth in the Privacy Policy, which may be amended by us from time to time; and (b) any information other than personal information shall not be restricted by the terms of the Privacy Policy.  The Privacy Policy and any posted terms or guidelines or legal disclaimers on the Services are hereby incorporated by reference into these Terms.  You agree that Hitched has unlimited rights to any information other than personal information that you provide to Hitched and that Hitched may use such information in any way Hitched chooses.  Such information will be deemed to be non-confidential.  

Accessing the Website

When retrieving information from the Services you are prohibited from (a) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (b) aggregating, copying or duplicating any of the materials or information available from the Services except for the small amount of materials and information temporarily required for an ordinary single use of the Services, or (c) accessing the Services for the purpose of competing with Hitched or its affiliates.

Certain pages of our Services require a user ID and password that you will create (your “Account”).  You are responsible for maintaining the confidentiality of your Account, and you are fully and solely responsible for all activities that occur under your Account.  It is up to you to take adequate precautions with your Account, and to immediately notify Hitched of any unauthorized use of your Account.

By accessing the Services and using an Account, you agree:

  • You shall provide accurate, true and current information as prompted during the account registration process or at any other time, and you shall keep such information current at all times.  Hitched may, at its discretion, accept or reject your registration application for participation in our Services (including the Hitched Marketplace). You shall update the information you have provided to Hitched in the event of any changes to your information (e.g., equipment or contact information).
  • You shall not allow any other person or entity to access or use your Account.
  • You shall comply with all foreign, federal, state and local laws of each location in which you access the Services.
  • You shall be solely responsible for all activity associated with your Account, including, without limitation any posted data, pricing, equipment or product specifications, text, links, video files, photos, or any other content you submit to the Services or otherwise submit to Hitched (collectively, the “User Content”).  
  • You represent and warrant that all User Content that you may post to the Services shall be your wholly original material (except for material that you are using with the permission of its owner), and does not infringe or violate any copyright, trademark or other rights of any third party including without limitation any rights of privacy or publicity.
  • You represent and warrant that all User Content does not contain any defamatory statements or contravene any contract, agreement or other arrangement nor the laws of any applicable jurisdiction.
  • You shall be solely responsible for keeping a duplicate copy of all User Content; Hitched does not accept any responsibility or liability for the loss of your User Content.
  • You shall not use the Services for any illegal or unauthorized purpose.
  • You shall not transmit worms, viruses or any code of a destructive nature to Hitched, other users, or the Services.
  • You shall not abuse, harass, threaten, harm or impersonate other Hitched users or employees of any Hitched affiliates or any of its partners, at any time or for any reason.
  • You shall not post User Content or use a username that is hateful, threatening, pornographic, obscene, abusive, unlawful, harassing, racially or ethnically offensive, libelous or defamatory, or any content that encourages unlawful conduct.
  • Except as expressly provided in these Terms, any reproduction, display or other dissemination of information or content contained in this Services is strictly prohibited and constitutes copyright infringement.  You may not distribute, modify, transmit, reuse, download, repost, copy, or use said information or content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Transactions

You acknowledge that use of the Services may involve fees charged by Hitched or third parties (e.g., individual users offering equipment for rental via the Hitched Marketplace).  If you wish to purchase (including rentals) any product or service made available through the Services ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, payment and shipping information.

Pricing information displayed on the Services is subject to change. All fees are final, non-refundable and, unless otherwise specified in the applicable invoice, are due and payable within thirty (30) days of the date of your receipt of an invoice.  Any payment not received when due shall incur interest at the rate of one and a half percent (1.5%) per month or the maximum rate permitted by law, whichever is less. Except as expressly stated in these Terms or on the Services, Hitched has no obligation to provide refunds or credits, but may grant them, in each case in its sole discretion.

Unless otherwise noted, all fees may be subject to state and local sales tax in accordance with applicable laws. Hitched may not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.  The sales tax indicated on the checkout page (if any) is an estimate.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order; suspicion of fraud; suspicion of unauthorized or illegal transaction; or other reasons.

If you are a seller or renter of products or services, you are also solely responsible, and we assume no responsibility or liability for, the accuracy and truthfulness of any product or service descriptions you provide on the Services, as well as the quality and suitability of any such products or services.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Services. We may experience delays in updating information on Services and in our advertising on other web sites. While we have undertaken efforts to provide accurate information, it is not comprehensive and we make no commitment to update the information at any particular time, and the information on the Services may be out of date.  Information on the Services may also be changed at any time without notice.  As a result, the information may not be accurate, up to date or applicable to the circumstances of any particular case.  In addition, photographs or images of products sold through the Services may not be completely representative of the physical appearance of such products.  Products or services may also be mispriced, described inaccurately, or unavailable on the Services and we cannot guarantee the accuracy or completeness of any such information.  Any decisions you make based on information contained on the Services are solely your responsibility.

Intellectual Property

All right title and interest in and to the Services (and any enhancements, updates, or derivatives), including all intellectual property rights therein are the sole and exclusive property of by Hitched and its licensors, and is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.  You shall not delete, alter, cover, or distort any copyright, trademark, or other proprietary rights notice placed by Hitched on or in the Services, and shall ensure that all such notices are reproduced on all copies of the Services. All rights not expressly granted in these Terms are reserved to Hitched.

Notwithstanding the foregoing, you retain any and all of your rights to any User Content you submit, post or display on or through the Services.  By submitting User Content to the Services, you hereby grant Hitched a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display such User Content when operating the Services and for Hitched’s and its affiliates’ internal business purposes.  You agree that this license includes the right for us to make your User Content available to other users of the Services, each of which such users may also use your User Content subject to these Terms.  You acknowledge that Hitched is not responsible for any User Content you provide and that Hitched may reject or delete such User Content in Hitched’s sole discretion. Hitched has the right but not the obligation to monitor and edit all User Content provided by users.  Hitched and its affiliates also assume no responsibility for loss of information.  

If you elect to provide or make available to Hitched any suggestions, comments, ideas, improvements or other feedback relating to the Services (“Feedback”), Hitched shall own and be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.

Links To Other Web Sites

The Services may contain links to third party websites, products or services that are not owned or controlled by Hitched.  Hitched has no control over, and assumes no responsibility for the actions, websites, products or services of any third-party. We make no representation or warranty as to the security of links to other websites, nor do we make any representation or warranty as to whether such links or such other websites are free of viruses or other forms of data corruption. You acknowledge and agree that Hitched shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party websites, products or services, and you expressly release Hitched and its affiliates from any and all liability arising from your use of any third party websites, products or services.  If you choose to use any such third party websites, products or services, you do so at your own risk.  

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Term; Termination

Unless the parties have agreed to a specified term (a “Term Commitment”), either party may terminate these Terms at any time. However, termination of access to the Services will not release you from any obligations (including obligations to Hitched or third parties for payment) incurred prior to the termination (e.g., monthly subscription fees for the remainder of your Term Commitment).

We may terminate or suspend your account or these Terms and bar access to the Services immediately for your breach of the Terms.

Immediately upon termination of these Terms, you shall: (a) pay all amounts owed to Hitched; and (b) cease all use of the Services.  Under no circumstances will you be entitled to a refund of payments made pursuant these terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You shall defend, indemnify and hold harmless Hitched and its affiliates, related companies, licensees and licensors, and their employees, contractors, agents, investors, officers and directors (collectively, the “Hitched Entities”), from and against any and all claims, damages, obligations, losses, liabilities, settlements, awards, penalties, costs or debt, and expenses (including but not limited to expert and attorney's fees), resulting from or arising out of: (a) your use and access of the Services, by you or any person using your Account (including your Purchase or rental of any products or services); (b) a breach of these Terms; or (c) any infringement or misappropriation of any intellectual property right or other right of any person or entity by you or any other user of your Account (including any claim that your User Content infringes or misappropriates the intellectual property rights or other rights of any person or entity).  You agree to immediately notify Hitched of any unauthorized use of your Account or any other breach of security known to you that may affect the security of the Services.

Representations and Warranties

Each party represents and warrants to the other that: (a) it has the full power, authority and legal right to enter into and perform its obligations under these Terms; and (b) these Terms are a legal, valid and binding obligation on such party, fully enforceable against it.  You further represent and warrant that: (i) to the extent you use the Services to sell or rent products or services to third parties (including other users of the Services), you have all necessary right, title, and/or interest in and to such products or services in order to sell or rent (as applicable for the given transaction) such products or services; and (ii) to the extent you use the Services to buy or rent products or services from third parties (including other users of the Services), you have all necessary rights, licenses, and permits to buy or rent (as applicable for the given transaction) and use such products or services.

Disclaimers; Limitation Of Liability

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HITCHED AND THE HITCHED ENTITIES DO NOT WARRANT THAT THE CONTENT OF THE SERVICES IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR, OR INACCURACY IN THE SERVICES SHALL BE TO REQUEST THAT HITCHED CORRECT THE MATTER OR, IF HITCHED FAILS TO DO SO, TO DISCONTINUE YOUR USE OF THE SERVICES. HITCHED DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HITCHED WILL NOT BE A PARTY TO AND IS NOT RESPONSIBLE IN ANY WAY FOR MONITORING ANY TRANSACTION OR PURCHASE BETWEEN YOU AND ANY THIRD PARTIES, INCLUDING ANY THIRD PARTY PROVIDING PRODUCTS OR SERVICES TO YOU OR PURCHASING OR RENTING SUCH PRODUCTS OR SERVICES FROM YOU.

HITCHED ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ASSESSING THE ABILITY OR SUITABILITY OF ANY THIRD PARTIES THAT SELL OR RENT PRODUCTS OR SERVICES VIA THE SERVICES (E.G., VIA THE HITCHED MARKETPLACE), WHO PROVIDE YOU SUCH PRODUCTS AND SERVICES AS THIRD PARTIES, OR THE QUALITY OR SUITABILITY OF THE PRODUCTS OR SERVICES THEMSELVES. HITCHED ALSO ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ASSESSING THE SUITABILITY (INCLUDING FINANCIAL SUITABILITY) OF ANY THIRD PARTIES THAT BUY OR RENT PRODUCTS OR SERVICES FROM YOU.  YOU EXPRESSLY WAIVE AND RELEASE HITCHED FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM THIRD PARTIES YOU ENCOUNTER THROUGH USE OF THE SERVICES. HITCHED DISCLAIMS ANY AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ACTS BY SUCH THIRD PARTIES IN THE COURSE OF PROVIDING PRODUCTS OR SERVICES WHICH CAUSE PERSONAL INJURY, PROPERTY DAMAGE, DEATH, THEFT, DEFAMATION, DISPARAGEMENT, DISCRIMINATION, BREACH OR INTERFERENCE WITH A THIRD-PARTY CONTRACT, OR MISREPRESENTATION. YOU ACKNOWLEDGE THAT HITCHED OWES NO DUTY OF CARE TO YOU AND HITCHED DISCLAIMS ANY AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR BREACH OF SUCH A DUTY BY ANY THIRD PARTY SELLING OR RENTING PRODUCTS OR SERVICES TO YOU OR BUYING OR RENTING PRODUCTS OR SERVICES FROM YOU. HITCHED DISCLAIMS ANY AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH THIRD PARTY’S FAILURE TO MAINTAIN OR OBTAIN ANY LICENSES OR PERMITS, OR LACK OF TRAINING, EXPERIENCE, OR BUSINESS QUALIFICATIONS NECESSARY TO PROVIDE PRODUCTS OR SERVICES TO YOU, OR TO BUY OR RENT PRODUCTS OR SERVICES FROM YOU. HITCHED ASSUMES NO RESPONSIBILITY OR LIABILITY FOR DISPUTES BETWEEN YOU AND ANY SUCH THIRD PARTIES, INCLUDING PAYMENT DISPUTES.  HITCHED ASSUMES NO RESPONSIBILITY OR LIABILITY FOR DAMAGE TO PRODUCTS OR SERVICES THAT YOU BUY, SELL, OR RENT VIA THE SERVICES.

IN NO EVENT SHALL HITCHED BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE, OR COVER DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY EITHER PARTY OR ANY THIRD PARTY, EVEN IF HITCHED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF HITCHED TO YOU FOR ANY AND ALL CLAIMS ARISING UNDER THESE TERMS WILL NOT EXCEED $100.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER LIABILITY ARISES FROM BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING SOLE OR CONCURRENT NEGLIGENCE), BY OPERATION OF LAW OR OTHERWISE.  LIABILITY FOR DAMAGES SHALL BE LIMITED AND EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.  All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Harris County, Texas, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.  The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to these Terms, regardless of the states in which the parties do business or are incorporated.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

Miscellaneous

A party shall not be liable to any other party for failure to fulfill its obligations under these Terms if the failure is due to extreme weather, hurricanes, floods, or other natural calamity, strikes, riots, fires, explosions, acts of God, acts of terrorism, war, sabotage, action of any government or any other similar cause that is beyond the party’s reasonable control.  Any failure or delay by any party in performing any of its obligations under these Terms due to one or more of the foregoing causes shall not be considered a breach of these Terms and the term for performance shall be increased by a reasonable period of time as mutually agreed to by the affected party.

Any notice required or permitted by these Terms shall be in writing and shall be delivered as follows, with notice deemed given as indicated: (1) by personal delivery when delivered personally; (2) by overnight courier upon written verification of receipt; (3) by certified or registered mail, return receipt requested, upon verification of receipt; or (4) by electronic mail.  Notices to Hitched shall be sent to 1415 Louisiana Street, Suite 2350, Houston, TX 77002, Attn: Legal.  Notices to you may be sent to the address or email you provide upon registration to use the Services, or to any other address or email that you provide to Hitched.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect to the maximum extent permissible.

These Terms (as well as the Privacy Policy and any other end-user license agreement(s) applicable to use of the Services) constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services.  These Terms may not be modified orally.  These Terms may not be modified or superseded by our acceptance of any offer from you or any other person.  

The headings used in these Terms are for convenience only and have no legal meaning or effect. Terms defined in the singular have the corresponding meanings in the plural, and vice versa. Unless the context of these Terms clearly requires otherwise, words importing the masculine gender include the feminine and neutral genders and vice versa. The terms “include,” “includes” or “including” mean “including without limitation.” The words “hereof,” “hereto,” “hereby,” “herein,” “hereunder” and words of similar import, when used in these Terms, refer to these Terms as a whole and not to any particular section or article in which such words appear. The word “or” will not be construed as exclusive.  

Other than the Hitched Entities, no other person or company will be third party beneficiaries to the Terms.  

You may not delegate your legal obligations or transfer any of your rights in whole or in part under these Terms to any third party without our advance written consent.

Hitched does not intend to appoint you or any other member as its employee, legal agent or to form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Hitched. and Hitched will not make commitments on your behalf unless expressly stated in these Terms.  Any third party providing goods or services via the Services is acting as an independent contractor, not as an agent or partner of Hitched.

Contact Us

If you have any questions about these Terms, please contact us at info@hitchedapp.com.