Terms of Use

Hibbu, Inc. (collectively, "we," "us" or "Hibbu") provides you access to the Hibbu websites, available at the entry-point URL http://www.hibbu.com, and to the information, services and other materials available on and through the Sites, subject to the terms and conditions described in this document (these "Terms of Use") and any other guidelines, rules or licenses posted in connection with the sites.

Your Acceptance of Terms

By accessing and/or using the Hibbu Sites and Mobile Applications, you agree to be bound by these Terms of Use, whether you are:

a "Visitor," meaning you simply browse the Sites, including, without limitation, through a mobile or

other wireless device, or otherwise use the Sites without being registered, or

a "User," meaning that you have registered with Hibbu for a User ID and User Password (defined below), and/or have enrolled in and paid for premium services, content, and/or certification provided by Hibbu or its third party Partners (defined below),

The term "User" refers to a Visitor, registered visitor or employee.

You are authorized to use the Hibbu Sites and Mobile Applications only if you agree to abide by all applicable laws, rules and regulations and the terms of these Terms of Use.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE HIBBU SITES INCLUDING ITS CONTENT, SERVICES (PAID OR FREE) OR ITS THIRD PARTY APPLICATIONS. HIBBU'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS.

We reserve the right to change or modify these Terms of Use at our sole discretion at any time. Any change or modification to these Terms of Use will be effective immediately upon posting by the Hibbu administration. We will take reasonable steps to notify you of any changes or modifications to these Terms of Use, but you are responsible for periodically reviewing the most up to date version of these Terms of Use. Hibbu Inc. and its partners shall not be held liable nor responsible for notifying you, the user of any changes in its policies.

Your continued use of the Hibbu Sites and Mobile Applications and/or its content and/or applications and/or services and/or applications and/or services/applications of our partners constitutes acceptance of any changes or modification made by us to these Terms of Use.

User Accounts and User Registration; General Access

While any Visitor can view general content shared by our registered users, in order to use the Hibbu Sites and Mobile Applications and take part in posting content and/or information, you must select a login identification ("User ID") and a user password ("User Password") that is unique and entirely different from your User ID (collectively, a "User Account"). You agree that you will never divulge or share access or access information to your User Account with any third party for any reason.

In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Hibbu Sites and Mobile Applications and removal of your information from servers.

In addition to the registration process, as part of your use of the Hibbu Sites and Mobile Applications and/or services and/or applications and/or participation in the content creation process, we may obtain certain information about you and your activities on the Hibbu Sites and Mobile Applications. Some of this information may be personally identifiable information. We may use, maintain, and store this information to provide certain services to you now and in the future and may share such information with third parties in conjunction with such services. For example, as further detailed in our Privacy Policy, we may share certain materials or information about you with third parties, including your usage data and/or demographic data.

Our Privacy Policy further explains how we treat information collected and received from you when you use the Hibbu Sites and Mobile Applications and all its services. Our Privacy Policy is hereby incorporated into these Terms of Use by reference. Please read this policy carefully for disclosures relating to the collection, use, and disclosure of your personal information.

The Hibbu Sites and Mobile Applications are available to any visitor. However, access to certain features such as posting of content and/or information and or premium services are restricted to those who have a registered User Account. By registering, you agree that:

you are registered for the Hibbu Sites and Mobile Applications only once and will not set up multiple User Accounts; and

you will abide by these Terms of Use.

As a registered user, in addition to the points above, you agree that:

you are registering with the intent to utilize the Hibbu Sites and Mobile Applications to participate in all site specific activities such as reading information, posting information, down and/or upvoting posts made by other users, commenting and other related activities for the purposes of information/knowledge sharing on the world wide web;

if you are participating in activities sponsored or otherwise provided by our partners or 3rd parties with respect to utilizing Hibbu, you must abide by the rules, policies and regulations as provided by those third parties. Hibbu shall not be held liable for any loss of data, personal information or otherwise tangible or intangible loss incurred to you through utilization of these 3rd party applications, API’s, or other services.

you forfeit your right to take legal action against Hibbu Inc. and its partners in cases where the Hibbu administrators or management authorize deleting your account, your content, or remove any of your other activity or personal data from our servers.

you forfeit your right to take legal action against Hibbu Inc. and its partners in cases where you have been harassed, offended or otherwise mistreated (online or in a physical setting) by another user of the Hibbu Sites and Mobile Applications.

User Conduct Policy

To the extent you are registered or are otherwise utilizing the Hibbu Sites and Mobile Applications and supporting services, you agree that you:

will not harass other Users, visitors or employees (online or in a physical setting)

will not post obscene or distasteful topics in disagreement with the majority of users (as indicated by user voting or reports or flags);

will not post online any sensitive or Hibbuified material (as defined by the D.O.D or homeland security);

will not share technology solutions or data that is proprietary in nature; and give away trade secrets that are normally not public information

will not post any information on how to manufacture distribute or otherwise make use of illegal substances, weapons, and other materials deemed either harmful to humans or known to cause harm, injury or death. User must consult the appropriate guidance published by the United States government and its legal system with respect to details of what substances, weapons and other materials are considered to be illegal.

will notify the Hibbu administrators immediately if he or she becomes aware of any other User cheating or breaching these Terms of Use.

As a condition of accessing the Hibbu Sites and Mobile Applications and/or using the Hibbu platform collectively, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the sites content other than as expressly allowed under these Terms of Use; (b) use Hibbu’s name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high volume, automated, or electronic means to access the Hibbu Sites and Mobile Applications (including without limitation robots, spiders or scripts); (d) frame the Hibbu Sites and Mobile Applications for example within (iViews or iFrames), place pop-up windows over its pages, or otherwise affect the display of its pages; (e) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; (f) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Hibbu Sites and Mobile Applications; or (g) interfere with or disrupt the Hibbu Sites and Mobile Applications or servers or networks connected to the Hibbu Sites and Mobile Applications, or disobey any requirements, procedures, policies or regulations of networks connected to the Hibbu Sites and Mobile Applications.

In addition, you may not post, upload, or transmit to or otherwise make available through the Hibbu site any content, communications, or other information (collectively, "Unauthorized Content"):

that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;

that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;

that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

that consists of any high volume, automated, or electronic means to access the Hibbu Sites and Mobile Applications (including without limitation robots, spiders or scripts);

that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;

that violates the rights of other Users of the Hibbu site; or

that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.

Hibbu's Intellectual Property Rights

The Hibbu Sites and Mobile Applications are owned and operated by Hibbu Inc. Hibbu reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Hibbu Sites and Mobile Applications, or any part of portion thereof, with or without notice to you. You agree that Hibbu shall not be liable to you or to any third party for any modifications, suspensions or discontinuance of the Hibbu Sites and Mobile Applications, or any portion thereof. Nothing in these Terms of Use shall be construed to obligate Hibbu to maintain and support the Hibbu Sites and Mobile Applications, or any part of portion thereof, during the term of these Terms of Use.

All content or other material available on the Hibbu Sites and Mobile Applications or through the mobile platform, including but not limited to presentation materials, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the "Content"), are the property of Hibbu and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.

Hibbu logos, trademarks and service marks which may appear on the Hibbu Sites and Mobile Applications ("Marks"), are the property of Hibbu and are protected under United States and foreign laws. All other trademarks, service marks and logos used on the Hibbu Sites, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Hibbu Sites and Mobile Applications are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Hibbu.

Except as otherwise expressly permitted in these Terms of Use, you may not copy, sell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or otherwise commercially exploit in any manner the Hibbu Sites and Mobile Applications, or any Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Hibbu Sites and Mobile Applications. From time to time, Hibbu may include software, code, instructions, or other such information in the Content or materials for the Users; any such information is provided on an "as-is" basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Hibbu and/or its affiliates and licensors reserve all rights not expressly granted herein to the Hibbu Sites and Mobile Applications, Content, and Marks.

License to Use the Hibbu Sites and Mobile Applications

Subject to your compliance with these Terms of Use, Hibbu hereby grants you a freely revocable, worldwide, non-exclusive, non-transferable, non-sublicensable limited right and license (a) to access, internally use and display the Hibbu Sites and Mobile Applications, including the Content, at your location solely as necessary to participate in the Hibbu Online Community as permitted hereunder, and You must abide by all copyright notices or restrictions contained on the Hibbu Sites and Mobile Applications or the Content. You may not delete any attributions, legal or proprietary notices on the Hibbu Sites and Mobile Applications or the Content.

User Content

The Hibbu Sites and Mobile Applications may provide you with the ability to upload forum posts, user discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Hibbu Sites and Mobile Applications or e.g., questions, lessons learned, takeaways, answers, hypotheticals, examples, etc. (collectively, "User Content"). Hibbu does not claim ownership of any User Content you may submit or make available for inclusion on the Hibbu Sites and Mobile Applications and Partner Sites. Accordingly, subject to the license granted to Hibbu below, User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.

Additionally, from time to time, Hibbu (or its third party service providers on behalf of Hibbu) may request Users to make subtitles or captions for, or translations of, Content of a foreign language and other online Content, and submit such subtitles, captions, or translations to Hibbu through a Hibbu website/portal or the website/portal of Hibbu's service provider. In the event that Hibbu (or its service provider) makes such a request to you, Hibbu will grant to you a freely revocable, worldwide, non-exclusive, non-transferable, non-sublicensable limited right and license to make such subtitles, captions or translations provided that you agree to submit such subtitles, captions or translations to Hibbu (or its applicable service provider), and such subtitles, captions and translations shall be considered User Content and subject to the license, representations, and warranties below (even if you fail to submit the subtitles, captions or translations to Hibbu); and further provided that, you acknowledge and agree that by creating or submitting any such subtitles, captions or translations, you shall not obtain any rights or license in or to Hibbu's and its affiliate's intellectual property, including but not limited to the Online Content, related materials, or any underlying content. For clarity, the foregoing license to make subtitles, captions or translations, if given, shall in no way expand or otherwise affect, expressly or impliedly, the terms of the CC License, and any such license is given under this section and not under the CC License. Additionally, in the event that you use any tools or other services of Hibbu's service provider in order to make subtitles, captions or translations, you agree to comply with any terms and conditions imposed by such servicer provider in conjunction with such use (e.g., those terms found at http:// www.universalsubtitles.org/en/terms).

With respect to any User Content you submit to Hibbu (including for inclusion on the Hibbu Sites and Mobile Applications or that is otherwise made available to Hibbu, you hereby grant Hibbu an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Hibbu Sites and Mobile Applications or in the Online Courses or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to Hibbu above shall be exclusive. Hibbu reserves the right to remove any User Content at any time and for any reason.

To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Hibbu to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Hibbu, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.

With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Use of Provided Communication Methods and Related Services

The Hibbu Sites and Mobile Applications may provide you with the ability to post messages to user forums or user review pages, enter chat rooms or send similar messages and communications to third party service providers, other users and/or Hibbu. You agree to use communication methods available on the Hibbu Sites and Mobile Applications only to send communications and materials related to the subject matter for which Hibbu provided the communication method, and you further agree that all such communications by you shall be subject to and governed by these Terms of Use. By using any of the communications methods available on the Hibbu Sites and Mobile Applications, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by Hibbu in any manner (unless expressly stated otherwise by Hibbu) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Hibbu in any manner, though Hibbu reserves the right to do so at any time at its sole discretion in accordance with these Terms of Use. Additionally, through such communication methods, Hibbu may make certain types of services available to you. For instance, Hibbu may make available to you, as part of your participation in an Online Course, chat room services that allow you to communicate with Hibbu staff members so that you may ask questions about the academic materials in the Online Course or about your general experiences on the Hibbu Sites. You acknowledge and agree that such services (e.g., chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is considered "Content" under these Terms of Use and is provided for educational purposes only.

Payment Terms

To purchase any services or products offered by Hibbu through the Hibbu Sites and Mobile Applications, you must have Internet access and a current valid accepted payment method as indicated during sign-up ("Payment Method"). You agree to Hibbu, or its third-party payment provider, storing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the Hibbu Sites and Mobile Applications as they become due, whether on a one-time or subscription basis.

Unless otherwise specified upon enrollment, for subscription products or services, your Payment Method will be authorized for up to approximately one month of service as soon as you register for a paid subscription and on a monthly basis thereafter until you cancel the subscription. For example, if you begin a paid subscription on January 15th, you will be charged on January 15th for the first month, February 15th for the second month, and so on. Your billing data may vary slightly if you start your enrollment on a date for which there is not a corresponding data the next month (i.e. enrollment started on January 31 will be billed on February 28). Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Hibbu does not support all payment methods, currencies or locations for payment. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. For subscription products or services, you may cancel at any time by going to your account settings. If you cancel a paid subscription during the first 14 days of the first month of the subscription, then you will receive a refund unless otherwise specified during sign-up. Other than stated above, you hereby acknowledge and agree that Hibbu will not offer refunds on any fees and charges related to your subscription. This includes any partially used or unused periods for which you have already paid. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. We do not guarantee refunds for lack of usage or dissatisfaction.

In other instances, your subscription to Hibbu products or services may start with a free trial. In these cases, the free trial period for any of your subscriptions will last for fourteen (14) days, or as otherwise specified during sign-up. Free trials for any products or services may not be combined with certain other offers when specified in the offer language. If you have subscribed to a particular paid service or product within the last six (6) months, or if your Payment Method, physical address or email address has been associated with an account for that paid service, you are not eligible to receive a free trial for that service or product. If you begin your subscription with a free trial, we will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. Your Payment Method will be authorized for up to approximately one month of service as soon as you register for a free trial. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You may cancel at any time by going to your account settings. If you cancel your subscription during a free trial period, no charges will be made against your Payment Method. You may be ineligible for certain features of a product or service during your free trial period. For example, you cannot be awarded a Verified Certificate or similar certification during your free trial period because you must pay for at least one (1) month of a service subscription to be eligible for a Verified Certificate.

Services Availability and Limitations

You acknowledge and agree that Hibbu’s services, including paid services and products, are not available at all times, and that certain usage limits may apply. Please refer to the FAQ for additional information about limitations and hours of availability. You also understand that Hibbu, at its sole discretion, may limit, suspend, or terminate your use of all Hibbu-provided services related to Hibbu’s programs, such as access to Hibbu Coaches, evaluation services, or certifications. You also understand that Hibbu may modify or discontinue all services related to its programs at its sole discretion.

Disclaimer of Warranties

You expressly acknowledge and agree that your use of the Hibbu Sites and Mobile Applications and all Content and services available on the Hibbu Sites and Mobile Applications is at your sole risk and responsibility. THE HIBBU SITES AND MOBILE APPLICATIONS (INCLUDING ANY CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE HIBBU SITES AND MOBILE APPLICATIONS AND CONTENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE HIBBU SITES AND MOBILE APPLICATIONS, CONTENT, OR THE HIBBU SITES AND MOBILE APPLICATIONS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE HIBBU SITES AND MOBILE APPLICATIONS OR THE HIBBU SITES AND MOBILE APPLICATIONS WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE HIBBU SITES AND MOBILE APPLICATIONS OR THE ONLINE COURSES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE HIBBU SITES OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF THE ONLINE COURSES AND CONTENT.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL HIBBU BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OF USE (INCLUDING ANY BREACH OF SECURITY OR DATA LOSS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOSS OR INACCURACY OF DATA OR DOCUMENTS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. HIBBU'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE WILL NOT EXCEED THE GREATER OF TWENTY U.S. DOLLARS ($20) OR THE AMOUNT OF FEES RECEIVED BY HIBBU FROM THE COMPLAINING USER FOR THE USE OF THE HIBBU SITES AND MOBILE APPLICATIONS; THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND OR INCREASE THE FOREGOING LIMITATION. THE PARTIES ACKNOWLEDGE THAT THIS CLAUSE REFLECTS THE AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT HiIBBU WOULD NOT ENTER INTO THESE TERMS OF USE OR MAKE THE HIBBU SITES AND MOBILE APPLICATIONS AVAILABLE TO USER WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN.

Linking to Other Sites

The Hibbu Sites and Mobile Applications may contain links to pages on other websites ("Linked Sites"), and those Linked Sites may contain content or offer products and/or services for sale. Hibbu does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Hibbu Sites and Mobile Applications at any time for any reason or for no reason.

HIBBU WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES.

We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.

Indemnity

You agree to indemnify, defend and hold harmless Hibbu, its subsidiaries and affiliates, and each of their officers, directors, agents, administrators, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys' fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Hibbu Sites and Mobile Applications in violation of these Terms of Use, (b) your use or attempted use of any code, program, data, information or any other Content provided on the Hibbu Sites and Mobile Applications or through the Hibbu Sites and Mobile Applications in a manner inconsistent with these Terms of Use, (c) your use or your violation of any law or rights of any third party, or (d) your information you post or otherwise make available on the Hibbu Sites and Mobile Applications or through the Hibbu Sites and Mobile Applications, including without limitation any claim of infringement of intellectual property or other proprietary rights.

Termination of Rights

You agree that Hibbu, in its sole discretion, may deactivate your account or otherwise terminate your use of the Hibbu Sites and Mobile Applications for any reason or no reason, including, without limitation, if Hibbu believes that you have (a) breached these Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted Unauthorized Content to the Hibbu Sites; or (d) violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any deactivation or termination of your access to the Hibbu Sites and Mobile Applications may be effected without prior notice to you and that Hibbu shall not be liable to you nor any third party for any termination of your account or the Hibbu Sites and Mobile Applications. You also acknowledge that Hibbu may retain and store your information on Hibbu’s systems notwithstanding any termination of your account or the Hibbu Sites and Mobile Applications.

Dispute Procedure and Claims of Copyright Infringement

Hibbu respects the rights and intellectual property of others, and we ask our users to do the same. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Hibbu's Copyright Agent with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest;

a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;

a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Hibbu Sites and Mobile Applications;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner's behalf.

Hibbu's Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:

Copyright Agent
Hibbu, Inc.
819 N. Rengstorff Avenue, Unit 303
Mountain View, CA 94043
Phone: 408.203.5900
Email: info@hibbu.com

Miscellaneous Provisions

You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use. In any case, you affirm that you are over the age of 13 as the Hibbu Sites and Mobile Applications are not intended for children under 13. If you under 13 years of age, do not use the Hibbu Sites and Mobile Applications or Hibbu Sites and Mobile Applications.

Hibbu may freely transfer or assign any portion of its rights or delegate its obligations under these Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms of Use without the prior written consent of Hibbu.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within California and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by Hibbu, you or any third party to enforce these Terms of Use, or in connection with any matters related to the Hibbu Sites and Mobile Applications, shall be subject only to the jurisdiction of the courts located in San Mateo County, California. Hibbu makes no representations that the Hibbu Sites and Mobile Applications operate (or are legally permitted to operate) in all geographic areas, or that the Hibbu Sites and Mobile Applications, or information, services or products offered through the Hibbu Sites and Mobile Applications are appropriate or available for use in other locations. Accessing the Hibbu Sites and Mobile Applications from territories where the Hibbu Sites and Mobile Applications, or any content or functionality of the Hibbu Sites or portions thereof, including but not limited to functionality discussed in the Privacy Policy, is illegal is expressly prohibited. If you choose to access the Hibbu Sites and Mobile Applications, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions. Hibbu shall have no liability under these Terms of Use to the extent arising from any failure of Hibbu to perform any of its obligations under these Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event not within Hibbu's reasonable control. Hibbu shall not be responsible for damage or other problems caused by any unauthorized change to these Terms of Use made by way of hacking or cracking this page.

Any delay or failure on the part of Hibbu to enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.

These Terms of Use constitute the entire agreement between you and Hibbu relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Hibbu Sites and Mobile Applications by Hibbu or through a specific writing between you and Hibbu.

Any notice which may be required to be given to us under these Terms of Use may be sent to us by writing or emailing to the following addresses:

Hibbu, Inc.
819 N. Rengstorff Ave, Unit 303
Mountain View, CA 94043
Email: info@hibbu.com

The section titles herein are displayed for convenience only and have no legal effect.

Our Terms of Use were last updated on July 15, 2015.

Privacy Policy

At Hibbu ("Hibbu", "we", "us", "our") we respect your privacy rights. We have created this privacy policy ("Privacy Policy") to explain how we treat the information collected and received from your use of our websites, "http:// www.Hibbu.com", (collectively, the "Websites") and mobile applications (collectively, the “Applications”). This Privacy Policy applies only to the Websites and Applications, and we are not responsible for the practices of persons, companies, institutions or websites that Hibbu does not control, manage, or employ. Except as set forth in this Privacy Policy and our Terms of Use Agreement ("Terms of Use") and other published guidelines, we do not release personal information about our users without their permission.

What Information this Privacy Policy Covers

Some of our Website's functionality and/or mobile application can be used without revealing any personal information, though for features or services related to accessing Hibbu’s Content personal information is required. If you do not use these specific features or services on the Website or the Application, then the only information we collect will be "Non-Personal Information" (i.e., information that cannot be used to identify you). Non-Personal Information includes information such as the web pages that you have viewed. In order to access certain features and benefits on our Website, you may need to submit "Personally Identifiable Information" (i.e., information that can be used to identify you). Personally Identifiable Information can include information such as your name and email address, among other things. You are responsible for ensuring the accuracy of the Personally Identifiable Information you submit to Hibbu. Inaccurate information may affect your ability to use the Website, the information you receive when using the Website, and our ability to contact you. For example, your email address should be kept current because that is one of the primary manners in which we communicate with you.

What You Consent to by Using Our Website and Mobile Applications

Please understand that by submitting any Personally Identifiable Information to us, you consent and agree that we may collect, use, disclose and retain such Personally Identifiable Information in accordance with this Privacy Policy and our Terms of Use, and as permitted or required by law. If you do not agree with these terms, then please do not provide any Personally Identifiable Information to us. If you refuse or withdraw your consent, or if you choose not to provide us with any required Personally Identifiable Information, we may not be able to provide you with the services that can be offered on our Website.

What Information We Collect

We gather two types of information about users through the Website and Mobile Applications:

Non-Personal Information

When users come to our Website or visit our Mobile Application, we may track, collect and aggregate Non-Personal Information indicating, among other things, which pages of our Website were visited, the order in which they were visited, when they were visited, and which hyperlinks were "clicked." We also collect information from the URLs from which you linked to our Website. Collecting such information may involve logging the IP address, operating system and browser software used by each user of the Website. Although such information is not Personally Identifiable Information, we may be able to determine from an IP address a user's Internet Service Provider and the geographic location of his or her point of connectivity.

We also use or may use cookies and/or web beacons to help us determine and identify repeat visitors, the type of content and sites to which a user of our Website links, the length of time each user spends at any particular area of our Website, and the specific functionalities that users choose to use. Essentially, cookies are a user's identification card for the Hibbu servers. Web beacons are small graphic files linked to our servers that allow us to track your use of our Website and related functionalities. Cookies and web beacons allow Hibbu to serve you better and more efficiently, and to personalize your experience at our Website. Cookies and web beacons are not used to retain Personally Identifiable Information. From time to time we may also use additional typical methods of collecting data.

You should be able to control how and whether cookies will be accepted by your web browser. Most browsers offer instructions on how to reset the browser to reject cookies in the "Help" section of the toolbar. If you reject our cookies, many functions and conveniences of this Website may not work properly.

Personally Identifiable Information

We collect Personally Identifiable Information that you provide to us when you sign-up for email updates or register to become a User, participate in our public forums, send us email messages, and/or participate in online Content generation or receive other services on or through our Website and/or Mobile Applications. Among other things, we may use the Personally Identifiable Information that you provide to respond to your questions, provide you the specific services you select, send you updates about online services offered by Hibbu or other Hibbu events, and send you email messages about Website maintenance or updates, among other things.

Updates

Hibbu may offer you the ability to receive updates either via email or by posting on portions of the Website only accessible to registered users. In order to subscribe to these services, you may be required to provide us with Personally Identifiable Information such as your name and email address.

Participating In Content Generation

Hibbu offers public and private forums (the "Forums") where you can share comments and thoughts. In order to participate in the Forums, you may be required to register with us and/or provide us with Personally Identifiable Information such as your name and email address. "Personally Identifiable Information" shall not include any information posted or sent by or to you via any public Forum.

Communications with Hibbu

We may receive Personally Identifiable Information when you send us an email message or otherwise contact us through other means of communication.

Providing Services to You

When you use certain services that are available on or through the Websites or Mobile Applications, you may be required to provide us with Personally Identifiable Information. For example, Hibbu may make available to you chat room services that allow you to communicate with Hibbu staff members. When you use such services, you may send us Personally Identifiable Information.

Purchases

When purchasing products or services through the Websites and/or Mobile Applications, you may be required to provide us with Personally Identifiable Information, such as your name, address, billing information (i.e., credit card information and billing address) ("Billing Information"), shipping address, email address and birth date.

Third Party Websites

We may receive Personally Identifiable Information when you access or log-in to a third party website, e.g., Facebook, from our Websites. This may include the text and/or images of your Personally Identifiable Information available from the third party website.

How We Use the Information

Please take some time to familiarize yourself with the different ways Hibbu uses the information that we gather.

Non-Personal Information

We use Non-Personal Information in aggregate form to build higher quality, more useful services by performing statistical analyses of the collective characteristics and behavior of our users, and by measuring demographics and interests regarding specific areas of our Website.

Personally Identifiable Information

This Privacy Policy serves as notice that we collect Personally Identifiable Information in the manners described herein. Except as set forth in this Privacy Policy or as specifically agreed to by you, Hibbu will not disclose any Personally Identifiable Information we gather from you on the Website and or on the Mobile Applications. In addition to the other uses set forth in this Privacy Policy, we may disclose and otherwise use Personally Identifiable Information as described below.

Updates

We use Personally Identifiable Information collected when you sign-up for our various email or update services to send you the messages in connection with the Website or Mobile Applicattion. We may also archive this information and/or use it for future communications with you.

Forums

We use Personally Identifiable Information collected during your use of the Forums to facilitate your use of the Forums. In addition we may publish this information either on the Website and/or in other publications. We may also archive this information and/or use it for future communications with you and/or your designee(s).

Communications with Hibbu

When you send us an email message or otherwise contact us, we may use the information provided by you to respond to your communication and/or as described in this Privacy Policy. We may also archive this information and/or use it for future communications with you.

Providing Services to You

We use Personally Identifiable Information in order to provide services to you, such as services that you request in conjunction with the online courses. We may use your Personally Identifiable Information in order to provide such services to you and for quality control purposes, and we may also archive this information and/or use it for future communications with you. For example, Hibbu may make available to you chat room services that allow you to communicate with Hibbu staff members and we may use your Personally Identifiable Information to provide these services to you. Moreover, in certain circumstances, we may share certain information and materials with third parties in order to provide you services that you have requested. For example, we may submit your data to potential employers.

Purchases

We use Personally Identifiable Information collected during the purchasing process to fulfill the order or request and provide the product or service to you (either directly or through our providers). Billing Information may be archived by us or our providers. We may archive Personally Identifiable Information other than Billing Information and/or use it for future communications with you.

Third Party Websites

We use the Personally Identifiable Information collected from third party websites for internal purposes. To the extent such Personally Identifiable Information contains images of you, you grant Hibbu a limited, non-exclusive right to use, reproduce, distribute, prepare derivative works of or publicly display such images and/or your likeness for fundraising.

Disclosure to our Business Partners

Hibbu may share Personally Identifiable Information with third party business partners, such as companies that may be offering products or services or other opportunities that may be of interest to you, but only after obtaining your consent.

Disclosure to Hibbu Service Providers

Our operations and maintenance contractors and other service providers may have limited access to your Personally Identifiable Information in the course of providing products or services to us. These contractors may include vendors and suppliers that provide us with technology, services and/or content related to the operation and maintenance of the Website or the mobile applications. Access to your Personally Identifiable Information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function for us.

Government Authorities, Legal Rights and Actions

Hibbu may share your Personally Identifiable Information with various government authorities in response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights or to protect our property; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us. We also may share your Personally Identifiable Information when we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of Hibbu, the Website, our users, customers, or others; and in connection with our Terms of Use and other agreements.

Disclosure to Acquirers

Hibbu may disclose and/or transfer your Personally Identifiable Information to an acquirer, assignee or other successor entity in connection with a sale, merger, or reorganization of all or substantially all of the equity, business or assets of Hibbu to which your Personally Identifiable Information relates.

Third Party Tracking

Third parties, including linked sites and applications (e.g., Facebook and YouTube), customer support services and data analytics services, may collect information about you in connection with your use of the Website (e.g., usage information). Such third parties may use tracking technologies in connection with the Website, which may include the collection of information about your online activities over time and across third-party web sites or online services. In some cases, third party tracking tools may only collect Non-Personal Information about your use on the Website. However, in other cases, such third parties may collect Personally Identifiable Information about you as they engage in these activities (e.g., customer support services may obtain your name and email address in conjunction with their support activities).

Currently, we do not monitor or take any action with respect to Web browser signals or other mechanisms for the expression of choice regarding collection of information about an individual over time and across third-party web sites or online services (e.g., Web browser “do not track” signals).

External Links

For your convenience we may provide links to websites operated by companies other than Hibbu ("Third Party Sites") that we believe may be of interest to you. We do not disclose your Personally Identifiable Information to these Third Party Sites without obtaining your consent. We do not endorse and are not responsible for the privacy practices of these Third Party Sites. If you choose to click on a link to one of these Third Party Sites, you should review the privacy policy posted on the other website to understand how that Third Party Site collects and uses your Personally Identifiable Information.

Confidentiality, Security and Retention of Personally Identifiable Information

We consider the confidentiality and security of your information to be of the utmost importance. We will use commercially reasonable efforts to keep your Personally Identifiable Information private and will not share it with third parties, except as otherwise provided in this Privacy Policy, or unless we have good faith belief that such disclosure is necessary in special cases, such as a physical threat to you or others. Hibbu takes reasonable measures to protect your Personally Identifiable Information from disclosure to or access by third parties. Please note that we do not guarantee the security of Personally Identifiable Information, and there is some risk that an unauthorized third party may find a way to circumvent our security systems or that transmission of your information over the Internet will be intercepted. Also note that we may retain and store your information in our databases and systems even after your Hibbu account is deactivated.

Updating or Deleting Your Personally Identifiable Information

We maintain a procedure in order to help you confirm that your Personally Identifiable Information remains correct and up-to-date or choose whether or not you wish to receive material from us or some of our partners.

You may unsubscribe from certain email communications by going to "http://www.Hibbu.com/account/unsubscribe". You may also update your Personally Identifiable Information by logging into the Website and visiting your user account page. Keep in mind, however, that even after updates to your Personally Identifiable Information, we may maintain and store older versions of such information within our databases, access logs and other records.

If you have any privacy-related questions or unresolved problems, you may contact us using the information provided below.

Changing Our Privacy Policy

Please note that we review our privacy practices from time to time, and that these practices are subject to change. Any change, update, or modification will be effective immediately upon posting on our Website. We will take reasonable steps to notify you of any material changes or modifications to this Privacy Policy. We will also change the effective date of this Privacy Policy (located at the bottom of this page). Be sure to return to this page periodically to ensure familiarity with the most current version of this Privacy Policy.

Protecting Children's Privacy

Hibbu strongly believes in protecting the privacy of children. In line with this belief, we do not knowingly collect or maintain Personally Identifiable Information on our Website from persons under 13 years of age, and no part of our Website is directed to persons under 13 years of age. If you are under 13 years of age, then please do not use or access this Website at any time or in any manner. We will take appropriate steps to delete any Personally Identifiable Information of persons less than 13 years of age that has been collected on our Website without verified parental consent upon learning of the existence of such Personally Identifiable Information.

Contacting Hibbu

If you have any questions, comments or complaints about this Privacy Policy or our Website, please contact us:

Email: info@Hibbu.com

Address:
Hibbu Inc.
819 N. Rengstorff Ave, Unit 303
Mountain View, CA 94043

Our Privacy Policy was last updated July 15, 2015.

© 2011-2015, Hibbu, Inc. All rights reserved.