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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
819 N. Rengstorff Avenue, Unit 303
Mountain View, CA 94043
819 N. Rengstorff Ave, Unit 303
Mountain View, CA 94043
The section titles herein are displayed for convenience only and have no legal effect.
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.
We gather two types of information about users through the Website and Mobile Applications:
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.
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.
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.
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.
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.
We may receive Personally Identifiable Information when you send us an email message or otherwise contact us through other means of communication.
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.
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.
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.
Please take some time to familiarize yourself with the different ways Hibbu uses the information that we gather.
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.
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.
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).
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.
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.
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.
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.
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.
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 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).
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.
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.
819 N. Rengstorff Ave, Unit 303
Mountain View, CA 94043
© 2011-2015, Hibbu, Inc. All rights reserved.