HIATUS INC.
Terms of Use

Last Modified: May 18, 2021

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Hiatus Inc., a Delaware corporation (”Hiatus,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms”), govern your access to and use of hiatusapp.com, hiatus.app, and all iOS and other applications made available by Hiatus from time to time, including any content, functionality, and services offered on or through such websites and applications (collectively, the “Hiatus Platforms”). The various bill negotiation, personal financial information management, and other services provided by Hiatus on the Hiatus Platforms from time to time are referred to herein as the “Services”.

Please read these Terms carefully before you start to use the Hiatus Platforms. By using the Hiatus Platforms, creating an account with us, using any of the Services, and/or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://hiatus.delivery/pages/privacy-policy.html incorporated herein by reference. In addition, any and all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to on the Hiatus Platforms, such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features, Services, or content on the Hiatus Platforms are hereby incorporated by reference and shall be included in these Terms. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Hiatus Platforms.

The Hiatus Platforms and Services are offered and available only to users who are 18 years of age or older and reside in the United States. By using the Hiatus Platforms and Services, you represent and warrant that you are of legal age to form a binding contract with Hiatus and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Hiatus Platforms or use the Services. These Terms are a legally binding contract between you and Hiatus.

Changes to the Terms of Use; Services

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Hiatus Platforms thereafter.

Your continued use of the Hiatus Platforms following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access this Hiatus Platforms so you are aware of any changes, as they are binding on you.

We reserve the right to make changes and/or discontinue any of the Services available on the Hiatus Platforms from time to time in our sole discretion.

Accounts and Registration

To sign up for the Services, you must register for an account on the Hiatus Platforms or log in using OAuth for Facebook. By using the Services through your Facebook ID, you authorize us to access and use certain information from such Facebook account. You may control the amount of information that is accessible to us by adjusting your Facebook account privacy settings. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene.

In order to make full use of the Service there may be a need to sync your account on the Hiatus Platforms with accounts you maintain at third party institutions which have records of your transaction history (“Account History”). We contract with third parties to access your Account History through the login and password information you provide to us for a given third party institution. In order to provide you with the Services, we may store your Account History in our databases. Please be aware that any stored Account History may be subject to corruption of data, loss of personalized settings or other interruptions in availability. In addition, any Account History is only as accurate as the information provided to us by you or your and our third party providers, which may not necessarily reflect your Account History as provided to you by your institution.

By providing us with information, data, passwords, usernames, PIN codes or other logon information, or other materials or content through the Hiatus Platforms, you are thereby granting us the right to use and store such information (including Account History, collectively “Account Information”) for the purpose of providing the Services to you or otherwise making use of such Account Information as described in the Privacy Policy or as contemplated herein. By using the Services, you authorize us, as your agent, to access your Account History maintained by the relevant institutions.

Hiatus Service Overview

The Hiatus Platforms include Services for tracking and managing recurring payments, discovering new services, assisting individuals who are seeking to reduce the cost of their recurring bills, and providing personal finance information management services. Please note that the Services are meant only as an aid to assist you in organizing and managing your payments and personal finance information, and as a price negotiation service used for certain service providers. The Services are not intended to provide any legal, tax or financial advice. Hiatus does not guarantee that use of the Services will result in savings. The Services are intended only to assist you in your financial goals and decision-making from a generalized perspective. You acknowledge and agree that your recurring payments and buying preferences are unique, and that before any information, advice, recommendations or other content you obtain through the Hiatus Platforms is implemented or acted upon, you must determine whether any product, service or recommendation is best suited for your individual needs and financial situation.

Bill Negotiation Services – Authorization to Negotiate

By signing up to and/or using our bill negotiation service and providing personal information and third party plan information in connection therewith, you authorize Hiatus and all of its authorized agents to:

Without limiting the foregoing, once we enter into negotiations, you authorize and consent to all discounts Hiatus obtains if the negotiation does not reduce the quality of your existing service. By default, you consent to Hiatus improving the quality of your service if it does not increase your cost of service. It is your responsibility to communicate all desired restrictions for a negotiation prior to the start of the negotiation. If you do not communicate any such restrictions, it is our right to assume there are no restrictions.

Fees for Services; Payments

By using Hiatus, and selecting any Services that we offer for a fee, either on a one-time or subscription basis, you accept the cost of the Services and authorize Hiatus to charge your account(s) for all costs thereof. If Hiatus is unable to collect your payment, in addition to any other remedies available to Hiatus under applicable law, Hiatus reserves the right to freeze or cancel your account in its sole discretion. We reserve the right to turn delinquent accounts over to collection agencies and/or report overdue balances to credit bureaus, including Experian, TransUnion and Equifax. You authorize us to try to charge your Payment Method (as defined below) again, either in full or in partial increments, if the initial charge is rejected by your bank or card issuer for any reason.

Bill Negotiation. Hiatus offers users the option to purchase expedited delivery of our bill negotiation service. Upon purchase, your bill will be prioritized and we will seek to complete your negotiation within 1 business day. By signing up for this expedited delivery of service you agree to pay us the amount disclosed on the checkout screen. This amount is subject to change. You agree to pay us, and we will charge your credit card, debit card, bank account, or other payment method on file with Hiatus from time to time ("Payment Method") for all sums due for your use of the Service in the manner described below. By using the Services you accept and agree to such payment terms.

Hiatus Premium. Hiatus Premium gives you access to organizational and information tools that may help you manage your personal finances. We reserve the right to change the Services included in Hiatus Premium at any time in our sole and absolute discretion; we will notify you of any decrease or removal of services included in Hiatus Premium via email or through the App in advance.

If you register a Hiatus Premium account, you agree to pay a recurring subscription fee (the “Subscription Fee”) for your use of Hiatus Premium in the amount determined by the user experience tier you select through the App. We reserve the right to change the Subscription Fee from time to time in our sole and absolute discretion. Hiatus, at its sole discretion, may from time to time allow you to choose to pay an amount that you believe is fair. By selecting a fee amount that is greater than zero dollars ($0), you authorize Hiatus to charge you a recurring payment in the amount and at the frequency you have selected. If Hiatus gives you the opportunity to choose your Subscription Fee, such Subscription Fee shall remain in effect for 12 months and thereafter is subject to change as set forth in these Terms.

You agree to pay the Subscription Fee on a monthly or annual basis, as selected by you when you register for Hiatus Premium. You authorize Hiatus to charge your Payment Method for the Subscription Fee in advance at the commencement of each billing period. When paid monthly, the Subscription Fee is non- refundable, except as otherwise required by applicable law.

We may change the amount, frequency, and debit date of the Subscription Fee from time to time in our sole discretion. We will notify you in advance of any change to the Subscription Fee by sending you an email, by posting a notice on the Hiatus Platforms, and/or by any other method permitted by applicable law. By accessing or using the Services after any change to the Subscription Fee takes effect, you agree to pay the Subscription Fee, as modified.

We may offer a free trial of Hiatus Premium to new users. The duration of the free trial will be specified during sign-up and is intended to allow new users to try Hiatus Premium. If you do not cancel your Hiatus Premium subscription prior to the end of the free trial, you authorize us to charge your Payment Method for the Subscription Fee in accordance with the payment terms set forth in these Terms.

You may cancel your Hiatus Premium account at any time by contacting us at premium@hiatusapp.com or by cancelling through the Hiatus Platforms. You must cancel your Hiatus Premium subscription before it renews in order to avoid paying the Subscription Fee for the next billing cycle.

Your Authorization for ACH Debits and Credits. By using any fee-based Services on the Hiatus Platforms and selecting electronic debits from your bank account as your Payment Method, you authorize Hiatus to electronically debit and credit your bank account via the Automated Clearing House (“ACH”). In addition, if applicable, you authorize Hiatus to correct erroneous debits and credits via ACH. Each use of the Services will reaffirm your authorization to debit that amount from your bank account.

You acknowledge that the electronic authorization contained in this section represents your written authorization for ACH debit transactions and will remain in full force and effect until you notify Hiatus that you wish to revoke this authorization by contacting us via email at premium@hiatusapp.com. You understand that Hiatus requires at least three (3) business days prior notice in order to cancel this authorization.

Without limiting the foregoing, selecting electronic debits from your bank account as your Payment Method you authorize Hiatus to electronically debit your Bank Account via ACH (and, if ever applicable, to electronically credit your Bank Account to correct erroneous debits) as follows:

You may be charged a service fee for any ACH transactions that result in a returned ACH item, such as but not limited to those caused by insufficient funds in your bank account, closure of your bank account, or if the bank account number or other information you provided is incorrect. We reserve the right to resubmit for collection any ACH debit authorized by you that is returned for insufficient or uncollected funds. You must provide a valid bank account to be electronically debited by us. Please be advised that we reserve the right to reject accounts at certain banks for the use of our Services. In addition, we may require additional information and confirmation at our sole discretion.

In addition to any of your other representations and warranties in these Terms, you represent that: (i) your browser is equipped with at least 128-bit security encryption; (ii) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; (iii) the ACH transactions you hereby authorize comply with applicable law; and (iv) your email address on record with us is yours and that email address is accurate and up-to-date.

Payment Plans. If an invoice is greater than or equal to $100, you may request to be placed on a payment plan by contacting us within 72 hours of the date of invoice. The payment plan will be a 2-6 month plan (as determined by Hiatus) with a minimum charge of $50 per month. You will be charged a one-time set up fee of $9 per payment plan. Payment(s) will be automatically drafted using the payment method we have on file for you. If you do not request to be placed on a payment plan within such 72 hour period, we will charge your designated payment method in full as set forth above. We reserve the right to charge a late payment fee of up to $25 per month for delinquent accounts.

Third Party Service Provider Charges. You are responsible for paying all sums for the services of your third party services providers directly to those service providers.

Financial Information. If you purchase products or Services through the Hiatus Platforms, your financial information, such as your payment method (credit card number, type, expiration date or other financial information), is collected and stored by our third party payment processing company (the "Payment Processor"), and use and storage of that information is governed by the Payment Processor’s applicable privacy policy. As of the Effective Date of these Terms, Stripe is the Payment Processor used within the Services and its privacy policy is available at www.stripe.com/us/privacy or such other URL designated by Stripe. In order to facilitate your order transactions, we collect and store your credit card and/or debit card type and card number. When you authorize Hiatus to negotiate on your behalf or when you order products using the Services, we may share your billing (including credit card type and last four digits of your credit card number) and purchase information with the applicable merchant and any fulfillment companies.

Accessing the Hiatus Platforms and Account Security

We reserve the right to withdraw or amend the Hiatus Platforms, and any Services or material we provide on the Hiatus Platforms, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Hiatus Platforms or any of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Hiatus Platforms, or the entire Hiatus Platforms, to users, including registered users.

You are responsible for both:

To access the Hiatus Platforms or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Hiatus Platforms that all the information you provide to us is correct, current, and complete. You agree that all information you provide to register with the Hiatus Platforms, use the Services, or otherwise, including, but not limited to, through the use of any interactive features on the Hiatus Platforms, is governed by our Privacy Policy [https://hiatus.delivery/pages/privacy-policy.html], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Hiatus Platforms or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Submission of Personal Information – Loans and Insurance

When you submit ​a form​ related to loans​, all personal information you provide will be sent to Even Financial Inc., and Hiatus will receive compensation from Even Financial Inc.​ ​Hiatus does not charge a fee for submitting the form to Even Financial​ Inc.​, but​ the partners and affiliates of​ Even Financial Inc.​ may impose fees in connection with services they provide to you.​ ​Hiatus is not a lender, mortgage broker or mortgage originator, and is not responsible for reviewing or processing any information you provide on this form or to Even Financial Inc. directly. Hiatus does not endorse, warrant or guarantee any of the products or services available through Even Financial Inc., and Hiatus does not warrant or guaranty that any product or service provided by Even Financial Inc. is suitable for you or the best insurance product for your particular needs

When you submit a form related to insurance, all personal information you provide will be sent to QuoteWizard.com, and Hiatus may receive compensation from QuoteWizard.com. Hiatus does not charge you a fee for submitting the form to QuoteWizard.com, but QuoteWizard.com and/or its affiliates may impose fees in connection with services they provide to you. Hiatus is not an insurance agent, broker or underwriter, and is not responsible for reviewing or processing any information you provide on this form or to QuoteWizard.com directly. Hiatus does not endorse, warrant or guarantee any of the products or services available through QuoteWizard.com, and Hiatus does not warrant or guaranty that any product or service provided by QuoteWizard.com is suitable for you or the best insurance product for your particular needs.

Links from the Hiatus Platforms

If the Hiatus Platforms contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links, as well as sponsored links from advertisers and sponsors containing customized offers. We have no control over the contents of those sites, offers, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Hiatus Platforms, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

In addition, we may provide tools through the Hiatus Platforms that enable you to export information, including your personal information, to third party services, including through features that allow you to link your account with us, with an account on a third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information.

Hiatus may participate in affiliate advertising programs designed to provide a means for Hiatus to earn fees by linking to purchases. In more human terms, this means that when you buy something through a link that Hiatus has provided, Hiatus may get paid by that third party.

Alerts and Notices

From time to time we may issue notices or alerts (“Alerts”) to you, or you may choose to set up voluntary Alerts based on certain criteria, to the extent made available by on Hiatus Platforms. Automatic Alerts may be sent to you in certain situations, e.g., changes in your registration information. Any voluntary Alerts may be created or deactivated by you pursuant to customizations and preferences chosen by you. We may add or delete categories of Alerts from time to time. Alerts may be sent to your e-mail address, and, based upon your preferences, communicated by additional means, such as, pop-up notices on your mobile device. Since alerts may include account number, financial information or other sensitive data, please be aware of the methods you choose for receipt of Alerts. Please be aware that any Alerts may be delayed or prevented from being delivered to you for a variety of reasons. Therefore, we cannot guarantee the accuracy or timely arrival of any Alert.

Intellectual Property Rights

The Services and the Hiatus Platforms and their entire contents, features, and functionality (including but not limited to all information, software, source code, object code, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Hiatus, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Hiatus Platforms for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Hiatus Platforms, except as follows:

You must not: (i) modify copies of any materials from this site; use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Hiatus Platforms or any Services or materials available through the Hiatus Platforms. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Hiatus Platforms in breach of these Terms, your right to use the Hiatus Platforms will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Hiatus Platforms or any content on the Hiatus Platforms is transferred to you, and all rights not expressly granted are reserved by Hiatus. Any use of the Hiatus Platforms not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

The Hiatus name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Hiatus or its affiliates or licensors. You must not use such marks without the prior written permission of Hiatus. All third party names, logos, product and service names, designs, and slogans on the Hiatus Platforms are the trademarks of their respective owners.

Prohibited Uses

You may use the Hiatus Platforms only for lawful purposes and in accordance with these Terms. You agree not to use the Hiatus Platforms:

Additionally, you agree not to:

User Contributions

The Hiatus Platforms may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) reviews, feedback, content or materials (collectively, “User Contributions”) on or through the Hiatus Platforms. All User Contributions must comply with these Terms.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Hiatus Platforms, you grant us and our affiliates and authorized service providers, and each of their and our respective licensees, successors, and assigns a perpetual, worldwide, fully transferrable, sub-licenseable, full-paid up, irrevocable, royalty free license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Hiatus, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Hiatus Platforms.

Monitoring and Enforcement; Termination

We have the right to:

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Hiatus Platforms. YOU WAIVE AND HOLD HARMLESS HIATUS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN HIATUS DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER HIATUS OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review all material before it is posted on the Hiatus Platforms, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Reliance on Information Posted

The information presented on or through the Hiatus Platforms is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Hiatus Platforms, or by anyone who may be informed of any of its contents.

This Hiatus Platforms may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Hiatus, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Hiatus. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Hiatus Platforms

We may update the content on this Hiatus Platforms from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Hiatus Platforms may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Hiatus Platforms

All information we collect on this Hiatus Platforms is subject to our Privacy Policy [https://hiatus.delivery/pages/privacy-policy.html]. By using the Hiatus Platforms, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Mobile Device Usage

Use of the Hiatus Platforms and the Services may be made available through a browser on a mobile device or through an application running on a mobile device. You are solely responsible for all costs incurred by you with respect to your usage of the Hiatus Platforms and the Services on a mobile device, including data usage fees and other telecommunications fees.

Geographic Restrictions

The owner of the Hiatus Platforms is based in the State of New York in the United States. We provide this Hiatus Platforms for use only by persons located in the United States. We make no claims that the Hiatus Platforms or any of its content is accessible or appropriate outside of the United States. Access to the Hiatus Platforms may not be legal by certain persons or in certain countries. If you access the Hiatus Platforms from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Hiatus Platforms will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE HIATUS PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE HIATUS PLATFORMS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY HIATUS PLATFORMS LINKED TO IT.

YOUR USE OF THE HIATUS PLATFORMS, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE HIATUS PLATFORMS IS AT YOUR OWN RISK. THE HIATUS PLATFORMS, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE HIATUS PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HIATUS NOR ANY PERSON ASSOCIATED WITH HIATUS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE HIATUS PLATFORMS. WITHOUT LIMITING THE FOREGOING, NEITHER HIATUS NOR ANYONE ASSOCIATED WITH HIATUS REPRESENTS OR WARRANTS THAT THE HIATUS PLATFORMS, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE HIATUS PLATFORMS WILL BE ACCURATE, RELIABLE, SUITABLE FOR YOUR PARTICULAR NEEDS OR PURPOSE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE HIATUS PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE HIATUS PLATFORMS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, HIATUS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Without limiting the foregoing, we do not endorse, warrant or guarantee the products or services of any third party which may be made available to you through the Hiatus Platforms. We do not guarantee that any loan, investment, plan or other terms offered by any third party are actually the terms that may be offered to you or are the best terms available.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HIATUS, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, SHAREHOLDERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE HIATUS PLATFORMS, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE HIATUS PLATFORMS OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HIATUS AND ITS SUBSIDIARIES AND AFFILIATES, AND ITS AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, SHAREHOLDERS, OFFICERS, AND DIRECTORS, TO ANY PARTY IN CONNECTION WITH THE USE OF THE SERVICES (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO HIATUS FOR THE APPLICABLE SERVICE IN THE LAST TWELVE (12) MONTHS OUT OF WHICH LIABILITY AROSE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

Indemnification

You agree to defend, indemnify, and hold harmless Hiatus, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Hiatus Platforms, including, but not limited to, your User Contributions, any use of the Hiatus Platforms’ content, services, and products other than as expressly authorized in these Terms, your use of any information obtained from the Hiatus Platforms, or any dispute between you and any of your service providers.

Governing Law and Jurisdiction

All matters relating to the Hiatus Platforms and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Hiatus Platforms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You consent to venue in such courts and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

‌Arbitration

At our sole discretion, it may require You to submit any disputes arising from these Terms or use of the Hiatus Platforms and Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

‌Limitation on Time to File Claims

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE HIATUS PLATFORMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

‌Waiver and Severability

No waiver by Hiatus of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Hiatus to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

‌Consent to Electronic Communications

By using the Hiatus Platforms, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

‌Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Hiatus regarding the Hiatus Platforms and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Hiatus Platforms.

‌Contact Information

This Hiatus Platforms is operated by Hiatus Inc., with an address of 20 West 20th Street, Suite 904, New York, New York 10011.

All notices, feedback, comments, requests for technical support, and other communications relating to the Hiatus Platforms should be directed to: support@hiatusapp.com.