Terms of Service

Welcome to Hookt!
The website located at www.hookt.com and im.hookt.com (the “Site”) is a copyrighted work belonging to airG Inc., a Canadian corporation, and its affiliates (“airG”, “us” or “we”). airG provides Hookt, a messenger software application that can be used by and between smartphones, tablets and, ultimately, PCs and Macs (the “Services”). This Terms of Service (“Agreement”) sets forth the legally binding terms for your use of the Site and Hookt. By using the Site or Hookt, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all provisions of this Agreement, please do not use the Site or Hookt. This Agreement (including airG’s Privacy Policy and End User License Agreement (EULA)) is the final, complete and exclusive agreement between you and airG with respect to the subject matters hereof (including the Site and Hookt) and supersedes and merges all prior discussions and agreements between you and airG with respect to such subject matters (including any prior EULAs, Terms of Service or Privacy Policies).

The commencement date of this Agreement is the date you sign up as a Hookt user or first use the Hookt service, whichever is earlier.

Hookt is available for your use if you are at least 18 years old, able to enter into this Agreement, not a convicted sex offender, not a person barred from receiving services under US or Canadian law, not residing in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, and you are not included on any U.S. government list of prohibited or restricted parties.

Agreement Version Date: 9 November 2011
1. Privacy Policy and End User License Agreement

1.1. PRIVACY POLICY. PLEASE REVIEW airG’S PRIVACY POLICY at http://www.airg.com/AirGWeb/Base/Base/privacy. THE TERMS OF airG’S PRIVACY POLICY ARE INCORPORATED INTO, AND CONSIDERED A PART OF, THIS AGREEMENT. Any information you provide to Hookt or airG is subject to the Privacy Policy. Through the use of Hookt, you consent to the collection and use of this information, including the transfer of this information to the US and Canada for storage, processing and use by airG.

1.2. END USER LICENSE AGREEMENT (EULA). PLEASE REVIEW airG’S END USER LICENSE AGREEMENT AT http://www.airg.com/AirGWeb/Base/Base/terms/. THE TERMS OF airG’s EULA ARE INCORPORATED INTO, AND CONSIDERED A PART OF, THIS AGREEMENT.

2. Features

2.1. When you register for a Hookt account, Hookt will generate forever-locked encrypted keys for the contacts in your mobile device address book and compare them against the encrypted keys generated from the contact information of Hookt’s existing users so you can connect with those of your friends that are already using Hookt. You will be automatically connected with Hookt users through this method, though you have the option to block any unwanted connections. After this process is complete, Hookt will discard all such encrypted keys. Note that this process is repeated periodically after you sign up for Hookt to ensure that your contacts on Hookt stay current.

Via your registration for a Hookt account, you hereby consent to Hookt’s use of your contact information and address book information as described above.

2.2. Hookt will review your address book for contacts with whom you are not already connected on Hookt and offer you the opportunity to invite those friends to become Hookt users.

2.2.1 When you invite a friend to join Hookt, your public profile photo may be available to your invitee. This photo will not be indexed or searchable, and will be available to those with whom you share your Hookt ID.

2.3. When you sign into Hookt using Facebook’s Facebook Connect sign-in feature or when you connect your Hookt account to your Facebook account, Hookt will connect you with those of your Facebook friends who also have a Hookt account.

2.4. You can connect with other users on Hookt by entering their email address, phone number, or Hookt ID. Also, other Hookt users will be able to connect with you on Hookt by entering your phone number, email address, or Hookt ID.

2.5. Hookt’s geo-location feature will be usable only when you are in chat. Since the default position for the geo-location feature is “off”, you will need to direct Hookt to share your location with the person with whom you are chatting.

2.6. Share.

2.6.1. You can share your phone number and email address with your friends on Hookt. Since the default position for the share feature is “off”, you will need to direct Hookt to share your phone number and email address with those friends with whom you are connected on Hookt.

2.6.2. You can share photos and send them as messages on Hookt.

2.6.3. Your profile photo will be available to any Hookt user with whom you are connected. Note that your public profile photo will also be available to anyone who is able to guess your Hookt ID.

2.7. Using Hookt, you will be able to see when your message has been sent, and when it has been read by the addressee.

2.8. Hookt will store only the last 20-25 messages per conversation.

2.9. If you are using Hookt as a web product on a smartphone, you can a) see photos uploaded and sent by others but cannot send photos yourself; and b) participate in, but not commence, group chat.3. Account.
You may browse the Site without an account. In order to use Hookt, you must register for an account with airG (“Hookt Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that (a) all required registration information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Site and Hookt does not violate any applicable laws. You may terminate your Hookt Account at any time, for any reason, by following the instructions on the Site. airG may suspend or terminate your Hookt Account in accordance with Section 6. You are responsible for maintaining the confidentiality of your Hookt Account login information and are fully responsible for all activities that occur under your Hookt Account. You agree to immediately notify airG of any unauthorized use, or suspected unauthorized use, of your Hookt Account or any other breach of security. airG cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
4 .End User License Agreement.
4.1. License. Subject to the terms of this Agreement, airG grants you a non-transferable, non-exclusive, license to (a) use the Site for your use, and (b) download, install and use one copy of Hookt on a mobile device that you own or control for your use (the “License”). This section is in addition to the End User License Agreement referenced in section 1.2, above.

4.2. Restrictions. The rights granted to you in this Agreement are subject to the following restrictions. You agree that you will not

(a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Hookt;

(b) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site or Hookt;

(c) access, tamper with, or use non-public areas of Hookt, airG’s computer systems, or the technical delivery systems of airG;

(d) access the Site or Hookt in order to build a similar or competitive service;

(e) probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;

(f) access or search, or attempt to access or search, Hookt by any means, automated or otherwise, other than through the currently available, published interfaces provided by airG, unless you have been specifically allowed to do so via a separate agreement with airG;

(g) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

(h) interfere with or disrupt, or attempt to interfere with or disrupt, the access of any user, host or network by any means including sending a virus, overloading, flooding, spamming, mail-bombing Hookt, or scripting the creation of User Generated Content (defined in section 5, below) in such a manner as to interfere with, or create an undue burden on, Hookt or its users;

(i) collect information or User Generated Content posted by others using automated means;

(j) offer any contest, giveaway or sweepstakes without airG’s prior written consent;

(k) facilitate or encourage any violations of this Agreement;

(l) remove or destroy any copyright notices or other proprietary markings contained on or in Hookt or the Site.

Except as expressly stated herein, no part of the Site or Hookt may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

Any future release, update, or other addition to functionality of the Site or Hookt shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Hookt content must be retained on any copies.

4.3. If you are using Hookt on a BlackBerry or other RIM device, you further agree to the following:

4.3.1 “Distributable Code” means Distributable Object Code (object code for those components of the software development kit (“SDK”) which are listed in certain named files either included as part of the SDK or otherwise provided to you; includes object code installer) and Distributable Source Code (certain application templates, code stubs, code snippets, example applications, sample code and code fragments in source code form either included as part of the SDK or otherwise provided to you).

4.3.2 The license from RIM is a non-exclusive, terminable license for use of the Distributable Code only on or in conjunction with Hookt and you acquire no intellectual property or other proprietary rights including, patents, designs, trademarks, copyright or rights in any confidential information in or related to the Distributable Code.

4.3.3 You will not reverse engineer the Distributable Code except to the extent that RIM and airG are expressly precluded by law from imposing such restriction.

4.3.4 You will cease all use of the Distributable Code within a reasonable period of time following expiration or termination of your license from RIM and airG.

4.3.5 RIM shall not be liable to you for any damages whatsoever.

4.3.6 You shall import, export, re-export and use the Distributable Code only in accordance with the laws and regulations of the countries and/or territories in which the Distributable Code is used, imported, exported and/or re-exported.

4.3.7 airG makes no warranties, express or implied, related to the Distributable Code on RIM’s behalf.

4.3.8 You shall not alter any copyright, trademark or patent notice in the Distributable Code.

4.4. Cookies. When you use the mobile web version of Hookt, airG may store one or more cookies (a small text file containing a string of alphanumeric characters) on your mobile device that uniquely identifies your browser. Hookt’s cookies will store your unique account ID, an API key, your username, phone number and email address but no other personal information.

Hookt uses persistent cookies. A persistent cookie remains after you close your browser, and may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser help file directions. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, Hookt may not function properly if the ability to accept cookies is disabled.

By using Hookt, you agree to accept the placement of cookies on your browser.

4.5. Local Storage. Local storage is a key value datastore that is built into modern browsers. Hookt uses such local storage as a data cache to store items Hookt has recently downloaded from the server. Hookt will store your contacts, messages, conversations and profile information in local storage.

Local storage is stored indefinitely inside your browser. By using local storage, Hookt makes fewer calls to the server and saves on your data consumption.

You may wish to delete local storage through your browser, although some browsers do not allow for such deletion. If you delete all local storage, Hookt will rebuild local storage the next time you use Hookt. If you delete part of the information stored in local storage, Hookt may not operate properly.

4.6. Communications from airG. As part of providing Hookt, airG may need to send certain communications such as service announcements and administrative messages. These communications are considered part of Hookt, and you will not be able to opt out of receiving them.

By using Hookt, you agree to accept these communications.

4.7. Local Laws. airG makes no representation that the Site or Hookt is appropriate for use in locations other than Canada and the United States. You are solely responsible for compliance with all applicable laws, including export and import regulations. Any diversion of the Site or Hookt contrary to Canadian or United States law is prohibited.

4.8. Modification. airG reserves the right, at any time, to modify, suspend, or discontinue the Site or Hookt or any part thereof with or without notice. You agree that airG will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Hookt or any part thereof. In addition, airG reserves the right to create limits on use and storage at airG’s discretion at any time without prior notice to you.

4.9. Ownership. Hookt is licensed to you. airG owns all right, title and interest, including all related intellectual property rights, in and to the Site and Hookt, excluding your User Generated Content. This Agreement is not a sale and does not convey to you any rights of ownership in or related to Hookt. The Hookt name, logo, and all product names associated with Hookt belong to airG, and no right or license is granted to you to use them by implication, estoppel or otherwise. If any third party claims that Hookt – or your possession and use of Hookt – infringes that third party’s intellectual property rights, airG will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. airG reserves all rights not granted in this Agreement.

4.10. Product Claims. You agree that airG alone is responsible for addressing any claims by you or a third party relating to Hookt or your possession and/or use of Hookt including (a) product liability claims; (b) any claim that Hookt fails to conform to any legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
5. User Generated Content.
5.1. User Generated Content. “User Generated Content” means information, data or other content (including text, images, text film, video, clips, streaming video footage, games, music, streaming audio and similar content, in any form) generated or otherwise sourced by you and uploaded to Hookt. You are solely responsible for your User Generated Content, and you should only provide content that you are comfortable sharing with others. You assume all risks associated with use of your User Generated Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Generated Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Generated Content does not violate the Acceptable Use Policy (defined in section 5.4, below). You may not state or imply that your User Generated Content is in any way provided, sponsored or endorsed by airG or Hookt. airG is not obligated to backup any User Generated Content. User Generated Content may be deleted by us at anytime. You are solely responsible for creating backup copies of your User Generated Content if you want such content to be saved.

5.2. License. By uploading, distributing, or otherwise using your User Generated Content with the Site or Hookt, you automatically grant, and you represent and warrant that you have the right to grant, to airG an irrevocable, nonexclusive, royalty-free (i.e. no compensation paid to you or anyone else) and fully paid worldwide license (a) to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Generated Content (excluding your private messages), and to grant sublicenses of the foregoing, solely for the purposes of providing you the Site and Hookt and to improve our Site and Hookt and (b) to reproduce and distribute your private message User Generated Content solely for the purpose of providing the private message to the intended recipient. You irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Generated Content. You understand that your User Generated Content may be rebroadcast by other users and that, if you do not have the right to submit User Generated Content for such use, such submission and rebroadcast may subject you to liability.

Hookt may, but has no obligation to, store your User Generated Content for up to 90 days after it has been posted.
5.3. Feedback. If you provide airG any feedback or suggestions (“Feedback”), you hereby assign to airG all rights in the Feedback and agree that airG shall have the right to use such Feedback and related information in any manner it deems appropriate. airG will treat any Feedback you provide to airG as non-confidential and non-proprietary information. You will not submit to airG any information or ideas that you consider to be confidential or proprietary.

5.4. Acceptable Use Policy.

You will not use the Site or Hookt to upload, distribute, or otherwise use any User Generated Content that (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is tortious, trade libelous, defamatory, false, or intentionally misleading; (iii) is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable; (iv) is harmful to minors in any way; (v) constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (vi) violates any law, regulation, or contractual obligation.

You will not use the Site or Hookt to: (i) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) collect information or data (including email addresses) regarding other users without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (iii) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Site (e.g., a denial of service attack); (iv) attempt to gain unauthorized access to the Site or Hookt or servers or networks connected to the Site (e.g., through password mining); or (v) interfere with another user’s use and enjoyment of the Site or Hookt.

5.5. Enforcement. We reserve the right (but have no obligation) to review any User Generated Content in our sole discretion. We may remove or modify or refuse to distribute your User Generated Content at any time for any reason in our sole discretion with or without notice to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce the terms of this Agreement, including investigation of potential violations of this Agreement; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of airG, Hookt, its users and the public. We may suspend or terminate your Hookt Account in accordance with Section 6.

6. Term and Termination.
6.1. This Agreement commences on the date you accept this Agreement (as described in the Preamble) and will remain in full force and effect while you use the Site or Hookt, unless earlier terminated in accordance with this Agreement.

6.2. Notwithstanding the foregoing, if you used the Site or Hookt prior to the date you accepted this Agreement (as described in the Preamble), you hereby agree that this Agreement commences on the date you first use the Site or Hookt (whichever is earlier and which may be prior to the current Agreement Version Date) and will remain in full force and effect while you use the Site or Hookt, unless earlier terminated in accordance with this Agreement.

6.3. We may (a) suspend your rights to use the Site, Hookt, and/or your Hookt Account or (b) terminate this Agreement. We may suspend or terminate at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement or any applicable law. Without limiting the foregoing, airG reserves the right to terminate its Agreement with any user who repeatedly infringes third party intellectual property rights upon notification to airG by the intellectual property rights owner or the intellectual property rights owner’s legal agent. In addition, airG may suspend or terminate your access for any or no reason.

6.4. Upon termination of this Agreement, your Hookt Account and right to use the Site and Hookt will automatically terminate immediately. You understand that any termination of your Hookt Account involves deletion of your User Generated Content from our live databases. airG will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Hookt Account or deletion of your User Generated Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Preamble, Sections 1, 3, 4.7, 4.8, 4.9, 4.10, 5 through 12.
7. Indemnity. You agree to defend, indemnify and hold harmless airG, its officers, directors, employees, contractors, agents and suppliers from and against any and all claims, suits, losses, damages, obligations, liabilities, costs, debts and expenses (including attorneys’ fees) brought by third parties resulting from or relating to (a) your use of the Site or Hookt, (b) your User Generated Content, (c) your violation of this Agreement, (d) your violation of any third party right, including any intellectual property, property or privacy right, or (e) any claim that your User Generated Content caused damage to a third party. airG reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify airG, and you agree to cooperate with airG’s defense of these claims. You agree not to settle any matter related to this Agreement or your use of Hookt or the Site without the prior written consent of airG. airG will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

8. Third Parties

8.1. App Stores. If you originally connected to Hookt through an app store, you acknowledge and agree that the availability of the Services is dependent on the third party from which you received Hookt, e.g., the Apple iPhone, BlackBerry, or Android app stores (“App Store”). You acknowledge that this Agreement is between you and airG and not with the App Store. airG, not the App Store, is solely responsible for Hookt, the content thereof (except User Generated Content), maintenance, support services, and warranty therefor, and for addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees, if any, charged by the App Store in connection with Hookt.

If you originally connected to Hookt through the Apple App Store: In the event of any failure of Hookt to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for Hookt; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Hookt, and any other claims, losses, liability, damages, costs or expenses attributable to any failure of Hookt to conform to any warranty is airG’s sole responsibility. You agree to comply with, and your license to use Hookt is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Store’s terms and policies) when using Hookt. You acknowledge that Apple and its subsidiaries and its App Store are third party beneficiaries of this Agreement and will have the right to enforce this Agreement.

8.2. Third Party Sites & Ads. The Site may contain links to third party websites and advertisements for third parties (collectively, “Third Party Sites & Ads”). airG is not responsible for and does not control Third Party Sites & Ads. airG provides these Third Party Sites & Ads only as a convenience to you. airG has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to, Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you access a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third Party Sites & Ads.

8.3. Other Users. The Site and Hookt may contain User Generated Content provided by other users of the Site and Hookt. airG is not responsible for and does not control User Generated Content. airG has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Generated Content. You use all User Generated Content and interact with other Hookt users at your own risk. Your interactions with other users are solely between you and the other user, and airG is under no obligation to become involved. You agree that airG will not be responsible for any liability or damage incurred as the result of any such interactions.

9. Release. You hereby irrevocably and unconditionally release and forever discharge airG, its officers, directors, employees, agents and suppliers from any and all claims, demands, and rights of action, whether now known or unknown, which relate to any interactions with, or act or omission of, any other Site or Hookt users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING. THAT CODE SECTION STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

10. Disclaimers.
10.1. THE SITE AND HOOKT ARE PROVIDED “AS-IS” AND AS AVAILABLE AND airG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. airG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS MAKE NO WARRANTY THAT THE SITE OR HOOKT (A) WILL MEET YOUR REQUIREMENTS, (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE, (D) WILL BE ABLE TO PROVIDE YOU WITH PRIOR NOTICE THAT HOOKT, OR ANY FEATURE THEREOF, WILL BECOME EITHER PERMANENTLY OR TEMPORARILY UNAVAILABLE.

10.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

11. Limitation on Liability.
11.1. IN NO EVENT SHALL airG, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SITE OR HOOKT, EVEN IF airG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS APPLICABLE TO LOSSES INCLUDING DAMAGES RESULTING FROM (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF HOOKT OR THE SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF airG’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM airG’s SERVERS, (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA HOOKT. THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. YOU SPECIFICALLY ACKNOWLEDGE THAT airG SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

11.2. ACCESS TO, AND USE OF, THE SITE AND HOOKT ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

11.3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

11.4. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO HOOKT OR THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

11.5. Hookt is controlled and offered by airG from its facilities in Canada. airG makes no representations that Hookt is appropriate or available for use in other locations. Those who access or use Hookt from other jurisdictions do so at their own volition and are responsible for compliance with local law.

12. General.
12.1. Changes to this Agreement. This Agreement is subject to occasional revision. Any changes to this Agreement will be effective upon our posting of the most recent version of this Agreement on the Site. These changes will be effective immediately for users of the Site or Hookt. Continued use of the Site or Hookt following posting of the most recent version of this Agreement shall indicate your acknowledgement of any such changes and agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated on this first page of this document. We recommend that you print a copy of this Agreement for your reference and revisit this Agreement from time to time to ensure you are aware of any changes.

12.2. Notice. You are responsible for providing airG with your most current e-mail address. In the event that the last e-mail address you have provided to airG is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, airG’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.

Any notice provided to airG pursuant to this Agreement should be sent to:

airG Inc.

710-1133 Melville Street

Vancouver, BC, Canada V6E 4E5

Attn: Corporate Counsel

12.3. Governing Law; Jurisdiction. This Agreement shall be governed by the laws of British Columbia, Canada without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located within Vancouver, British Columbia, Canada for the purpose of litigating all such claims or disputes, and you further agree that Hookt shall be deemed a passive server whose activities do not give rise to personal jurisdiction over airG, either specific or general, in jurisdictions other than British Columbia, Canada. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect airG’s intellectual property rights in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

12.4. Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

12.5. Entire Agreement; General. This Agreement (including airG’s Privacy Policy and EULA and any other legal notices published by airG) is the final, complete and exclusive agreement between you and airG with respect to the subject matters hereof (including the Site and Hookt) and supersede and merge all prior discussions and agreements between you and airG with respect to such subject matters (including any prior End User License Agreements, Terms of Service or Privacy Policies). airG’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The word “including” means “including without limitation”. Neither you nor airG is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned by you without airG’s prior written consent, and any attempted assignment in violation of the foregoing will be null and void. airG may assign this Agreement to any of its affiliates or in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your knowledge or consent. The terms of this Agreement shall be binding upon assignees.

12.6. Records Retention. Your account details including name, phone number, email, Facebook ID, password and profile photo plus any User Generated Content and messages you send and messages sent to you will be stored in the United States.

airG Inc., 710-1133 Melville Street, Vancouver, BC Canada V6E 4E5, 604-408-2228, legal@airg.com