Terms of Use – Gethoot

1. Introduction

Please review these Terms of Use carefully. By using this website, these Terms of Use become a binding legal commitment between you (“you,” “your,” “yours,” or “End User”) and Hoot Health Inc. (“we,” “us,” “ours,” or “Hoot”). Sometimes in these Terms of Use we call you and us a “party” or together, the “parties.”

Hoot provides content and online management services to help eye doctors manage myopia in kids (the “Services”). You agree that we can share all of the information you submit on our website with your health care provider and send you emails and text messages on behalf of your health care provider. HOOT DOES NOT PROVIDE MEDICAL ADVICE. Do not rely on our website, content, or materials for medical advice.

THESE TERMS OF USE INCLUDE A MUTUAL BINDING ARBITRATION AGREEMENT IN SECTION 10 THAT REQUIRES RESOLUTION OF DISPUTES BY INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT AS PROVIDED IN SECTION 10.

By using this website, you agree to all of the terms and conditions in these Terms of Use. If you do not agree to these Terms of Use, do not use this website.

2. Definitions

These are some defined terms that are used in these Terms of Use. There are other defined terms throughout the Terms of Use. You can tell if a term is defined if it has quotation marks around it. Except for when we refer to you/your/yours, us/we/ours, or party/parties, defined terms are capitalized when used again in the Terms of Use.

“Applicable Law” means any law that applies to you or us in a given circumstance, this includes laws, regulations, court orders, and arbitration determinations and agreements.
“HIPAA” means the Health Insurance Portability and Accountability Act of 1996, as amended.
“Hoot Content” means the content created or provided by Hoot, including educational materials, marketing materials, forms and agreements, and other materials displayed in the Services or on our Platform, in any form, such as presentations, videos, handouts, checklists, and emails.
“Hoot Data” means any data (facts, figures, items of information, or statistics) or data compilations aggregated, compiled, copied, created, or derived by us from User Data or the use of our Platform or Services by you or your Provider, including deidentified PHI.
“PHI” means Protected Health Information (as defined under the HIPAA rules) that we may receive, create, maintain, use, or disclose in connection with the functions, activities, and services that we perform, as a business associate, for your provider, as a covered entity.
“Platform” means the electronic systems, applications, and internet sites of Hoot, including https://gethoot.com/
“Provider” means your health care provider.
“User Data” means the data (facts, figures, items of information, or statistics) and data compilations you or your Provider provide to us or otherwise make available to us in connection with your or your Provider’s use of the Platform or Services at any time, including personal information and PHI.

3. Our Intellectual Property Rights

Our intellectual property rights. Between you and us, we own all right, title, and interest to the Services, Platform, Hoot Content, and Hoot Data (collectively, “Hoot Property”), all components and derivative works of the Hoot Property, and the copyrights, patents, trade secrets, trademarks, and other intellectual property rights pertaining to any aspect of the Hoot Property. We reserve all rights in the Hoot Property not expressly granted to you in these Terms of Use. You acquire no ownership interest, derivative work, or component of the Hoot Property through your use of it. You are not granted right, title, or interest to use any trademark, service mark, logo, or trade name of Hoot under these Terms of Use.
Our licensed and permitted use of User Data; our ownership of Hoot Data made from User Data. You grant us a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide right and license to access, store, process, use, copy, record, modify, aggregate, anonymize, deidentify, make compilations of, make derivative works from, translate, disclose, transfer, sublicense, sell, and export User Data; provided that we may only use your PHI in compliance with HIPAA and we may not sell your PHI without your separate written authorization. You grant us the right and license to use or disclose PHI to deidentify PHI. PHI that has been deidentified is not PHI and there are no restrictions on our use or sale of deidentified PHI. Under this subsection, you grant us the right and license to monetize the User Data and you are not entitled to any payments related to our rights and license to the User Data. We own all data and data compilations aggregated, compiled, copied, created, or derived by us from User Data or the use of our Platform or Services by you or your Provider, including deidentified PHI, all of which shall constitute Hoot Data. To the extent that we require further rights, you assign us all right, title, and interest you may have, if any, to the Hoot Data.
Our rights to Feedback; limits on your use of Feedback. We encourage you to submit feedback to us, including any suggestion, enhancement request, recommendation, correction, or change regarding the Hoot Property (“Feedback”). If you provide us with Feedback via the Platform or any other method, you grant us an exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable worldwide right and license to access, store, process, use, copy, record, modify, make derivative works from, translate, display, publicly perform, broadcast, transmit, publish, distribute, disclose, transfer, remove, sublicense, sell, and export Feedback you provide, in any form or medium, without restriction. You are prohibited from reposting, republishing, or redistributing Feedback. We have the right, but do not assume any responsibility to review, screen, or approve Feedback. We have no obligation to keep Feedback confidential, to pay any compensation for Feedback, or to respond to any Feedback. You are solely responsible for the accuracy and legality of any Feedback you make. We take no responsibility and assume no liability for any Feedback posted or transmitted by you or a third party.

4. Your Use of the Platform

Your permitted use. Subject to these Terms of Use, you may use the Platform for your personal use (not business or commercial use).
Minimum age. You must be 18 years of age or older to create an account or use the Platform. Our Platform is not intended for or directed to children. We don’t knowingly collect personal information directly from children under the age of 18. We may collect information about children from their parents or guardians, see Section 5 of these Terms of Use or Hoot’s Privacy Policy (“Privacy Policy”) for more information on our collection and use of children’s personal information.
No medical advice. Our Platform and Hoot Content are for informational purposes only. We are not a health care provider. We do not provide medical advice. YOU AGREE THAT NOTHING ON OUR PLATFORM OR IN THE HOOT CONTENT SHOULD BE USED TO MAKE MEDICAL DECISIONS OR TAKEN AS OR SUBSTITUTED FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. Always seek the advice of your Provider or other qualified health care provider with any questions you may have regarding a medical condition. Never disregard medical advice or delay in seeking treatment because of something you have read on our Platform in the Hoot Content. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR PROVIDER OR 911 IMMEDIATELY. We do not recommend or endorse any specific tests, health providers, products, procedures, opinions, or other information that may be mentioned on our Platform or in the Hoot Content. RELIANCE ON ANY INFORMATION PROVIDED ON OUR PLATFORM OR IN THE HOOT CONTENT IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM AND HOOT CONTENT AND FOR ALL DECISIONS TAKEN OR NOT TAKEN BASED ON ANY INFORMATION PROVIDED OR DISPLAYED IN THE PLATFORM OR HOOT CONTENT. HOOT IS NOT RESPONSIBLE OR LIABLE FOR ANY DIAGNOSIS, DECISION, OR ASSESSMENT MADE BY YOU OR YOUR PROVIDER OR ANY INJURIES YOU OR ANY PERSON MAY INCUR AS A RESULT OF DECISIONS BASED ON INFORMATION PROVIDED OR DISPLAYED IN THE PLATFORM OR HOOT CONTENT.
Your account and related responsibilities. You are required to create an account with us to access certain features of the Platform.
1. Security of your account. You are responsible for the security of your account and your use of the Platform, including the access to and use of your account and the Platform. (a) You are responsible for establishing and maintaining the confidentiality of your account, your account access credentials (for example, username and password), and the information submitted via your account or otherwise in connection with your use of the Platform. You agree to use commercially reasonable and prudent efforts to prevent unauthorized access to or use of your account or the Platform. (b) Each End User must have unique access credentials. You may not share access credentials. (c) Your account is only available to you; you will not allow any other person to access or use your account. (d) You will notify us immediately of any unauthorized access to or use of your account or the Platform. We have no liability to you for any unauthorized access of your account or the Platform caused by your acts, omissions, or breach of these Terms of Use.
2. Backups. You are solely responsible for backing up your User Data on a regular basis and taking appropriate steps to safeguard and ensure the integrity of your User Data. We will not be responsible for any backup, recovery, or other steps to ensure User Data is recoverable in the event of a data loss. We expressly disclaim any obligations with respect to storage of User Data.
Information you provide to us. You have the sole responsibility and liability for the accuracy, quality, integrity, legality, reliability, and appropriateness of all information you provide or make available to us. We do not assume any responsibility to review, screen, or approve User Data.
Your compliance with law. You are solely responsible and liable for compliance with all Applicable Law related to your use of the Platform. You agree to provide reasonable cooperation regarding requests from law enforcement or other governmental authorities.
Prohibited Use of the Platform. You will not do any of the following, collectively “Prohibited Use”: (a) decompile, disassemble, or reverse engineer the Platform, or attempt to obtain or perceive the source code from which any component of the Platform is compiled or interpreted, and you acknowledge that nothing in these Terms of Use will be construed to grant you any right to obtain or use such code; (b) duplicate or create any derivative product from the Platform or any component of the Platform; (c) license, sublicense, lease, resell, or transfer the Platform to a third party or allow third parties to gain access to the Platform; (d) access the Platform if you are a director competitor of us, or access the Platform for a competitive purpose; (e) remove any copyright, trademark, or other proprietary notions from the Platform; (f) transmit material containing viruses, malware, or other harmful or deleterious computer code, files, scripts, agents, or programs; (g) interfere with or disrupt the integrity or performance of the Platform or the data contained therein; (h) attempt to bypass, exploit, defeat, or disable limitations or restrictions placed on the Platform; (i) conduct any denial of service (DoS) attack on the Platform or otherwise attempt to disrupt, disable, or overload the Platform; (j) attempt to gain access to the Platform by automated means, such as bots; (k) attempt to gain unauthorized access to the Platform, computer systems, or networks related to the Platform; (l) create a false identity or attempt to mislead others as to the identity of the sender or the origin of any data or communications; (m) use the Platform to violate any Applicable Law; or (n) interfere with another user’s use and enjoyment of the Platform.
Suspension of your account; removal of User Data. We may suspend your account, suspend your access to the Platform, or remove any User Data, immediately if we, in good faith, believe: (a) that you have materially breached any provision of these Terms of Use; (b) that you are using the Platform in a manner that threatens the security, integrity, or reliability of the Platform; (c) that there has been unauthorized access or fraud related to your account or the Platform; (d) that information in your account or provided in connection with the Platform is untrue or inaccurate; or (e) that the provision of the Platform (or a portion thereof) will expose us or you to legal, regulatory, or compliance risk.
Changes to the Platform. You acknowledge that the features and functions of the Platform may be updated or otherwise be subject to change.

5. Personal Information

Personal information. You agree that we may use, disclose, and maintain personal information according to our Privacy Policy and these Terms of Use and any changes to the policy or Terms of Use published by us. You represent and warrant that you have complied with all Applicable Law and received the proper authority or consent to allow us to collect and process personal information you provide or make available to us.
Parent or guardian consent to collection and use of children’s personal information. We do not collect any personal information directly from children. As a parent or guardian, you may provide or make available personal information of your children and, by doing so, you agree and consent to our collection and use of your children’s personal information. Please consult our Privacy Policy for more information about your rights as a parent or guardian with respect to your children’s personal information.
Consent to collect and use Protected Health Information (PHI). You agree that we may collect and use PHI as provided in our Privacy Policy, these Terms of Use, any notice of privacy practices you receive from your Provider, and any authorizations or consents you provide to your Provider or to us. You represent and warrant that you have complied with all Applicable Law and received the proper authority or consent to allow us to collect and process PHI you provide or make available to us.
Sharing information with your Provider; requests to your Provider. You agree that we may share any information you provide or make available to us with your Provider. You may have rights to make requests and revoke authorizations under HIPAA, state privacy laws, or other Applicable Law. Such requests should be made directly to your Provider. If you make such request to us, we may direct your request to your Provider.
Anonymized and deidentified data. You understand and agree that anonymized or deidentified data is not personal information and deidentified PHI is not PHI, and restrictions on our use of personal information or PHI contained in our Privacy Policy or under HIPAA do not apply to such anonymized or deidentified data even if such data was created or derived from personal information or PHI.

6. Your Consent to Communications; Opt-Out Rights

Your consent to communications. You consent to receiving communications from us and your Provider, including educational and marketing communications, through email, text message, or electronically through the Platform.
Your opt-out rights and other rights. We offer you choices about how to manage communications from us.
1. Opt out of marketing communications from us. You may request that we no longer send marketing communications to you. In your request, please indicate if you wish to opt out of all marketing communications or identify which specific types of marketing communications you no longer wish to receive (email, postal mail, telephone calls, or text messages). You may also unsubscribe from emails by clicking on the unsubscribe link in our emails. Even if you limit marketing communications, we may still communicate with you to service your account or as otherwise allowed by Applicable Law
2. Update your profile. You may update or correct your personal information related to your account.
3. Revoke your authorizations. If you authorize us to sell your PHI or use or disclose your PHI for marketing purposes, you may revoke such authorization. You understand that uses and disclosures of your PHI already made by your original authorization cannot be taken back.

To exercise any of the above communication preferences or rights, send us an email to info@gethoot.com. with the details of your request. We will respond to your communication preference requests within a reasonable timeframe.

When you make a request, we may ask for information to verify your identity. In some instances, we may not be able to honor your request. For example, we may not honor your request if we cannot verify your identity. Additionally, we may not honor your request where not required or an exception applies under applicable laws. We will advise you in our response if we are not able to honor your request.

7. Representations, Warranties, and Disclaimer

Your additional representations and warranties. By entering into these Terms of Use, you make representations and warranties to us. Some of your representations and warranties are contained in this Section and some are contained in other Sections of these Terms of Use (including Sections 4 and 5).
1. Valid agreement. You represent and warrant that you have validly accepted or entered into these Terms of Use and have the legal power to do so.
2. User Data. You represent and warrant that you have all rights necessary to grant all rights and licenses to the User Data granted to us in these Terms of Use. You further represent and warrant: (i) the User Data is accurate and complete; (ii) you have obtained the User Data lawfully and the User Data does not and will not violate any Applicable Law or any third party’s rights, including privacy rights or intellectual property rights; (iii) you have complied with all Applicable Law, provided all applicable notices, and received the proper authority or consent to allow us to collect and use User Data as provided in these Terms of Use; (iv) we may exercise our rights in User Data granted in these Terms of Use without liability or cost to any third party; and (v) the User Data complies with the terms of these Terms of Use.
3. No Sanctions Lists. You represent and warrant that you are not on any government prohibited, denied, or unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (collectively, “Sanctions Lists”). If you become placed on any Sanctions List, you will notify us immediately and discontinue your use of the Platform.
Hoot’s representations and warranties. We represent and warrant that we have validly accepted or entered into these Terms of Use and have the legal power to do so.
DISCLAIMER OF WARRANTIES. Except as expressly warranted in these Terms of Use and to the fullest extent permitted by Applicable Law, the Platform, the Hoot Content, and any other materials, data, software, products, and services provided under these Terms of Use or on the Platform are provided “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS,” and we expressly disclaim all other warranties of any kind or nature, whether express, implied, or statutory. We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We expressly disclaim any warranties of system integration, non-interference, absence of any defects (whether latent or patent), or security of data. We do not warrant or make any representations concerning the accuracy, completeness, or usability of information or materials, including Hoot Content, provided in connection with our Platform, found on our Platform, or linked to our Platform. We expressly disclaim any warranty related to third-party websites or other third-party content that may be accessed through our Platform. We make no warranty or representation on the basis of trade usage, course of dealing, or course of performance. We do not warrant or represent that the Platform, the Hoot Content, or any other materials, data, software, products, or services provided under these Terms of Use or on the Platform will meet your requirements, comply with Applicable Law, generate enforceable obligations, or that the operation of them will be uninterrupted or error-free, or that all errors will be corrected. You acknowledge that our obligations under these Terms of Use are for your benefit only. The Platform and Hoot Content may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. We are not responsible for any delays, delivery failures, or other damages resulting from such problems.

8. Indemnification

Your indemnification of Hoot. You agree to defend, indemnify, and hold us, our affiliates, and our third-party providers, licensors, and suppliers, along with our and their respective directors, officers, employees, and agents, harmless from any claims, damages, losses, or costs (including reasonable attorneys’ fees and expenses) arising out of your use of the Platform, the Hoot Content, breach of these Terms of Use, or violation of any Applicable Law or the rights of any third party.

9. Limitations of Liability

WE HAVE NO LIABILITY FOR CERTAIN TYPES OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO LIMIT CLAIMS FOR DAMAGES (OR OTHER MONETARY RELIEF) AGAINST US TO DIRECT AND ACTUAL DAMAGES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, OR OTHERWISE. THIS MEANS THAT YOU WILL NOT SEEK ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM US. WE HAVE NO LIABILITY FOR DAMAGES RELATED TO: unauthorized access to, loss, or theft of your account, information, or data, lost profits, costs of delay, failure of delivery, business interruption, costs of procurement of substitute goods, services, or technology, or personal injury or death. We have no liabilities to third parties arising from any source. These limitations apply regardless of the cause of the damages, including negligence by us or our third-party providers, licensors, or suppliers. These limitations apply even if we have been advised of the possibility of such damages. These limitations apply without regard to whether other provisions of these Terms of Use have been breached or proven ineffective. These limitations also apply to any claims you may bring against any third party to the extent that we would be required to indemnify that third party for such claim.
WE ARE NOT LIABLE FOR DAMAGES OUT OF OUR CONTROL. You agree that we are not liable for delays, problems, or damages caused by you or a third party, by any act of nature, by any act beyond our reasonable control (for example, war, terrorist acts, labor disputes, government actions, pandemics), or by any criminal activity by someone unrelated to us.
YOU AGREE TO LIMIT THE AMOUNT OF DAMAGES PAYABLE BY US. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF HOOT, OUR AFFILIATES, AND OUR THIRD-PARTY PROVIDERS, LICENSORS, OR SUPPLIERS ARISING OR RELATING TO THESE TERMS OF USE IS LIMITED TO $100.
YOU AND WE AGREE TO LIMIT THE DEADLINE TO BRING CLAIMS. To the fullest extent permitted by Applicable Law, you and we each agree that all claims related to these Terms of Use must be brought within 2 years of the date the claim arises (even if Applicable Law provides for a longer statute of limitations).
YOU AND WE WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS OF LIABILITY. The limitations of liability in this Section 9 constitute an important part of these Terms of Use and are among the reasons you and we are willing to enter into these Terms of Use. Without these limitations of liability, the provisions of these Terms of Use would be substantially different.

10. Disputes

Summary of dispute resolution procedures. By entering into these Terms of Use, you are agreeing to resolve any dispute with us informally, and, if it cannot be resolved informally, through binding arbitration or small claims court (unless you opt out) and to waive your rights to participate in any class action suit (unless you opt out) or to a jury trial.
Good faith negotiation of disputes. For any and all disputes or claims you have, you must first give us an opportunity to resolve your claim by sending a written description of your claim to info@gethoot.com. You and we each agree to negotiate your claim in good faith. You agree that you may not commence any arbitration or court proceeding unless you and we are unable to resolve the claim within 60 days after we receive your claim description and you have made a good faith effort to resolve your claim directly with us during that time.
Binding arbitration and small claims court. YOU AND WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE TERMS OF USE, OUR PRIVACY POLICY, THE HOOT CONTENT, OR OUR PLATFORM, WILL BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT. This includes any claims against other parties relating to the Platform or Hoot Content provided to you (such as our third-party providers, licensors, and suppliers) whenever you also assert claims against us in the same proceeding. You and we each also agree that these Terms of Use affect interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern the enforceability of this dispute resolution provision (despite the general choice of law provision set forth below). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THESE TERMS OF USE AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
Your choice to opt-out of arbitration. Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE YOU CREATED YOUR ACCOUNT (OR FIRST ACCESSED THE PLATFORM, IF YOU HAVE NOT CREATED AN ACCOUNT) (the “Opt Out Deadline”). You may opt out of these arbitration procedures by sending an email to info@gethoot.com. and clearly stating that you wish to opt out of the arbitration procedures in the Terms of Use. Any opt-out received after the Opt Out Deadline will not be valid and you will be required to pursue your claim in arbitration or small claims court.
Arbitration and small claims court procedures. If we are unable to resolve your claim within 60 days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings. To begin arbitration, you must send a written letter requesting arbitration and describing your claim to our registered agent at Hoot Health, Inc., 3495 US Highway 1 STE 34 #1126, Princeton, NJ 08540 and to the American Arbitration Association (“AAA”). You may download or copy a form of notice and a form to initiate arbitration at www.adr.org or by calling 1-800-778-7879. The arbitration of all disputes will be administered by the AAA under its Consumer Arbitration Rules in effect at the time the arbitration is commenced, except to the extent any of those rules conflicts with these Terms of Use, in which case these Terms of Use will govern. The AAA rules are available at www.adr.org. If the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. The arbitration of all disputes will be conducted by a single arbitrator, who will be selected using the following procedure: (a) the AAA will send the parties a list of five candidates; (b) if the parties cannot agree on an arbitrator from that list, each party will return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA will appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. Payment of all filing, administration, and arbitrator fees will be governed by the AAA rules. If you initiate the arbitration, you are required to pay AAA’s initial filing fee; but we will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county of residence or in New Jersey (unless the arbitrator finds that either the substance of your claim or the relief sought in your demand for arbitration was frivolous or was brought for an improper purpose). An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs. If we are the prevailing party, we may seek reimbursement of reasonable attorneys’ fees and costs in arbitration unless prohibited under Applicable Law.
Class action waiver. YOU AND WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION. If we believe that any claim you have filed in arbitration or in court is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver. If a court or arbitrator determines in an action between you and us that any part of this class action waiver is unenforceable with respect to any claim, this class action waiver will not apply to that claim, but will still apply to any and all other claims that you or we may assert in that or any other action.
Your choice to opt-out of the class action waiver. Notwithstanding the above, YOU MAY OPT-OUT OF THE CLASS ACTION WAIVER WITHIN 30 DAYS FROM THE DATE YOU CREATED YOUR ACCOUNT (OR FIRST ACCESSED THE PLATFORM, IF YOU HAVE NOT CREATED AN ACCOUNT) (the “Opt Out Deadline”). You may opt out of the class action waiver by sending an email to info@gethoot.com. and clearly stating that you wish to opt out of the class action waiver in the Terms of Use. Any opt-out received after the Opt Out Deadline will not be valid and you will be prohibited from pursuing your claim via a class action. You cannot be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with these opt out requirements.
Injunctive relief. You and we acknowledge and agree that a breach by you of your responsibilities under Sections 4, 5, or 7, could cause us irreparable harm for which monetary damages would not be an adequate remedy. You and we agree that, in the event of such breach or threatened breach, we will be entitled to equitable relief, including, without limitation, a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. The binding arbitration provision of Section 10.3 shall not apply to requests for injunctive relief under this Section 10.8, which may be brought in arbitration or court proceedings. These remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Jury trial waiver. If a claim proceeds in court rather than through arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

11. General

Choice of law. These Terms of Use are governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of New Jersey, without regard to the conflicts of laws rules. Foreign laws do not apply. Arbitration or court proceedings must be brought in New Jersey or the state or jurisdiction in which your address in our records is located, but not outside of the United States.
Notices. may deliver notices to us by email to info@gethoot.com. or by postal mail to Hoot Health, Inc., 3495 US Highway 1 STE 34 #1126, Princeton, NJ 08540. If you are commencing an arbitration or legal proceeding against us, you must send notice of the arbitration or legal proceeding to our registered agent at Hoot Health, Inc., 3495 US Highway 1 STE 34 #1126, Princeton, NJ 08540. We may deliver notices to you via email, mail, or electronic means using the contact information in your account or by posting the notice on the Platform. Electronic notices are considered delivered when sent or posted. Postal notices are considered delivered 3 days after mailing. Notices delivered by a nationally recognized courier (for example, UPS and FedEx) are considered delivered when received.
E-Sign Consent. We may need to provide you with certain communications, notices, agreements, billing statements, or disclosures (“Communications”) in writing regarding the Platform. You agree and consent to receive Communications electronically from Hoot, our affiliates, and our third-party service providers, rather than in paper form, and to the use of electronic signatures in our relationship with you (“E-Sign Consent”). You also acknowledge and agree that you have the ability to receive Communications electronically. You may withdraw your consent to receive Communications electronically at any time by sending us notice at the email or postal address in the Notice Section 11.2 above. If you choose to withdraw your consent, we may terminate your access to the Platform.
Platform materials. The information and materials on our Platform, including the Hoot Content, may contain technical, typographical, photographic, or other errors. We do not warrant that the Hoot Content or any information or materials on our Platform are accurate, complete, or current. We may make changes to the Hoot Content and information and materials on our Platform at any time without notice, but we make no commitment to do so.
Third-Party connections. The Platform may include integrations, links, or connections to third-party websites, applications, or services. This inclusion does not imply review or endorsement by us; you proceed at your own risk to a third-party website, application, or service. We do not warrant, and are not responsible for, the services, products, statements, or claims made by or about a third party, or the actions or omissions of any third-party. You must review and comply with any third-party terms of service or other provisions.
Third-Party beneficiaries. Our third-party providers, licensors, and suppliers and our affiliates are considered to be third-party beneficiaries of these Terms of Use solely to the extent necessary for them to enforce any protections afforded them by these Terms of Use, except as otherwise provided in these Terms of Use. There are no other third-party beneficiaries to these Terms of Use. All rights and benefits of these Terms of Use from us are intended solely for you as the End User.
Amendment. We have the sole discretion to change these Terms of Use or make changes regarding any aspect of the Platform, except as otherwise provided in these Terms of Use. If this occurs, we will provide you with notice via any means we consider reasonable, including, without limitation, email, posting on our Platform, or updates to the Platform. After we provide notice, your continued use of the Platform constitutes your acceptance of the changes and the Terms of Use as amended.
Waiver. You and we cannot waive any provision of these Terms of Use except in a writing signed by you and us. Our failure to insist on or enforce strict performance of any provision of these Terms of Use or any of our rights is not a waiver of any provision or right.
Severability. If any part of these Terms of Use is held invalid or unenforceable, that part may be severed from the Terms of Use to the minimum extent necessary to cure such invalidity or unenforceability. The remainder of the Terms of Use will remain valid and enforceable.
Entire Agreement. These Terms of Use is the entire agreement between you and us regarding the rights you have with respect to the Platform, except as provided by Applicable Law, and you cannot rely on any other documents, statements on our Platform, or statements by any of our representatives or agents.