Effective: February 2nd, 2023
Thank you for using Hokali, a service brought to you by Hokali, Inc., a Delaware corporation (collectively, "Hokali", "we", "us" or "our"). These Terms of Use ("Terms") govern your use of our website, app, and all digital products and services (collectively, "Services" or "Service"). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates.
Please read these Terms carefully and contact Hokali Support at support@hokali.co if you have any questions, requests for information, or complaints.
By clicking "I accept", "Create Account", "Register" or similar button or icon, connecting to Hokali through a third party such as Facebook, Google, Apple ID or by accessing, browsing, or using these Services in any manner, you agree to be bound to these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services. Hokali reserves the right to deny access to any person who violates these Terms.
We may change, add or remove portions of these Terms at any time, which shall become effective immediately upon posting and will supersede any previous versions. While we will provide you advance notice of any important revisions, we do recommend that you regularly review these Terms. Your continued use of our Services after we make any changes to them constitutes your agreement to those changes. The date these Terms were last modified is set forth at the beginning and end of these Terms.
THESE TERMS INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST HOKALI. PLEASE READ THEM CAREFULLY; THEY MAY AFFECT YOUR LEGAL RIGHTS.
In addition to specially defined words in these Terms, here are some key definitions to help you navigate these Terms.
"Activities" means activities offered by Instructors & Academies for Schools and Consumers.
"Consumers" means consumers who use our Services for any reason, including to consume information and/or attend Activities.
"Family Group" means a group of two or more persons related by birth, marriage, or adoption.
"Hokali Content" includes text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights accessible on or available through the Services.
"Instructors & Academies" means instructors and academies that use our Services to offer activities for Schools and Consumers.
"Material" means the information and/or software within and available through Hokali (including, but not limited to, articles, photographs, images, illustrations, audio clips and video clips).
"Schools" means educational institutions that use our Services to find Instructors & Academies for their After-School Programs or Day Camps.
"Services" include all digital products and services offers by Hokali by through mobile applications, webpages, application programming interfaces, and subdomains.
"User Content" is any information that you contribute, provide, post, or make available using the Services, or that you otherwise contribute, provide, post or make available to us, or that you authorize us to use.
Instructors & Academies, Schools, Consumers, and third parties accessing or using our Services are all referred to in these Terms collectively as "Users", "you", or "your".
When these Terms use "Hokali", "we", "us", or "our", that refers to Hokali, Inc., a Delaware corporation, and each of its and their respective officers, directors, agents, partners, and employees.
You may use our Services only if you can form a binding contract with Hokali, and only in compliance with these Terms and all applicable laws. When you create your Hokali account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.
These Services are controlled and operated by Hokali from its offices within the United States of America. Hokali makes no representation that materials in the service are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Service from other countries do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials (as that term is defined below) in violation of U.S. export law or regulation.
You are solely responsible for, and Hokali will have no obligation with respect to, the software and services you use to access the Services and all costs and expenses related thereto, including without limitation any operating systems, web browsers, media players, codecs, internet connections, and other software or hardware. You will not access or use the Services in a way which violates any agreement or terms and conditions between you and any third party.
By accessing, using, or subscribing to any Service you affirm that: (a) you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live); or (b) that your parent or guardian has reviewed this Agreement and he or she assents to these Terms on your behalf and takes full responsibility for your compliance with them. You represent and warrant to Hokali that you and/or your parent or guardian are fully able and competent to enter the terms, conditions, obligations, representations, and responsibilities set forth in these Terms, and to abide and comply with these Terms.
Hokali offers an all-in-one platform that helps Schools book, manage and pay Instructors & Academies for After School Programs or Day Camps. Through our Services, Instructors & Academies can design and offer different activities for Schools and Consumers (the "Activities") and stay connected to Schools and Consumers. In addition, through our Services, Schools can select the Instructors & Academies, the Activities, and the schedule that they want, and invite Consumers to attend the selected Activities. Consumers may accept or reject the Activities selected by Schools.
Hokali is not the creator, organizer, or owner of the Activities offered by Instructors & Academies nor is it the seller of Activities, registration, or any merchandise on the Services. Instead, we provide our Services, which allow Instructors & Academies to manage registration and promote their Activities.
In offering Activities, Instructors & Academies are solely responsible for ensuring that their Activities comply with any applicable laws, rules, and regulations, and that the services described by them are delivered as described and in an accurate and satisfactory manner.
Creating an account and listing Activities are free. However, we charge fees when you sell or buy Activities or registrations. The fees charged to Schools, Instructors & Academies, or Consumers may include other charges, including facility fees, royalties, taxes, processing fees, and fulfillment fees. We do not control (and cannot disclose) fees levied by your bank and/or credit card company, including fees for payments in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to do a payment to understand all applicable fees, credit card surcharges, and currency conversion rates. Unless otherwise stated, all fees are quoted in U.S. Dollars.
We act as a limited agent for Instructors & Academies to process payments from Schools or Consumers on the Instructors & Academies' behalf using our third-party payment service providers.
ALL FEES AND CHARGES ARE NONREFUNDABLE. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
If you want to switch to a different payment method or if there is a change in your payment method details, or if you believe someone has accessed Hokali using your username and password without your authorization, please contact Hokali immediately at support@hokali.co.
By creating an Account, you are consenting to the use of your personal data as described in our Privacy Policy and to receive certain communications from us. These communications will include notices about your account (e.g., change in password or payment method, confirmation e-mails, authentication matters, and other transactional information) and information concerning or related to our Services or the Activities. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Instructors & Academies must at all times comply with all applicable local, state, provincial, national, and other laws, rules, and regulations with respect to information collected from (or received about) Schools and Consumers and comply with any applicable policies posted by us on the Services with respect to information collected from (or received about) Schools and Consumers.
This Agreement is personal to you, and you may not assign your usage rights to anyone or share your Hokali Account with anyone, except your Family Group. Through providing the necessary information, such as email address and password, during the sign-up process, you create an account ("Hokali Account").
Each Hokali Account is limited to access by you and your Family Group. All usernames, passwords, and other credentials ("Credentials") used in connection with the Services shall be the sole property of Hokali, and Hokali may disable access or use of such Credentials at any time in accordance with this Agreement.
You are responsible for the security of your Hokali Account and the Credentials and will immediately notify Hokali of any unauthorized access or use thereof. You cannot share your username, password, or other Credentials with anyone −except your Family Group−, unless otherwise agreed to by Hokali. THE NUMBER OF DEVICES THROUGH WHICH YOU MAY ACCESS YOUR ACCOUNT IS LIMITED AND MAY CHANGE FROM TIME TO TIME AT OUR DISCRETION.
Hokali may, at any time in its sole discretion, discontinue or change: the Services, including without limitation any Content, Materials, features, functions, data, information, or software offered or available through the Services or from Hokali; or the availability of the Services, without notice to you. The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the "Content") accessible on or available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our prior written consent, you may not use, sell, copy, reproduce, create derivative works from, publish, distribute, re-transmit, or otherwise provide access to the Content received through the Services to anyone.
Except as otherwise noted, the information and/or software within and available through Hokali (including, but not limited to, articles, photographs, images, illustrations, audio clips and video clips, and all such material collectively, the "Materials") are the exclusive property of Hokali. All Materials are copyrighted and protected by worldwide copyright laws and treaty provisions. Other than as otherwise described herein, they may not be accessed, copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without Hokali's prior written permission.
Except as expressly provided herein, Hokali grants no express or implied rights to you under any patents, copyrights, trademarks, trade names, or trade secret information. If you would like to reproduce or distribute any of the Materials you find on our Services in any manner other than that described in this agreement, please contact us at support@hokali.co.
We care about the security of our users. While we work to protect the security of your account and related information, Hokali cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing support@hokali.co.
The marks and any designs associated with any marks on Hokali's website or otherwise in the Services are trademarks and/or service marks of Hokali or its licensors. As between you and Hokali, Hokali retains all rights, interests, and ownership in and to all such trademarks and service marks, and no rights or interest in or to such trademarks or services marks shall be transferred or provided to you. Any use of trademarks, service marks, product names and company names or logos, including their reproduction, modification, distribution, or republication by you or any third party, without the prior written permission of Hokali, is strictly prohibited. Other trademarks, service marks, trade names and company logos referenced are the property of their respective owners and no right in or to the foregoing shall be transferred to you.
Your use of any third-party websites, content, data, information, applications, goods, devices, services, software, or materials (collectively, "Third Party Services") is at your own risk. Hokali does not endorse any Third-Party Services and makes no representation or warranty with respect to Third Party Services. Hokali shall not incur any obligation, responsibility, or liability with respect to any Third-Party Services and you shall look solely to the applicable third party with respect to all obligations, responsibilities, and liabilities related thereto. We do not verify, endorse, or have any responsibility for Third-Party Services and any third-party business practices (including, without limitation, their privacy policies), even if the Activities, Services', or our logo and/or sponsorship identification is on the Third-Party Services as part of a co-branding or promotional arrangement or otherwise. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third-Party Service you use. To the extent Third-Party Services are embedded or integrated into the Services, they remain subject to the privacy policy, terms of use, and other terms of the applicable third party and by accessing, viewing, or using such Services or content you agree to and accept all such third-party terms applicable to the Third-Party Services.
You agree to release us (collectively with our subsidiaries, affiliates, directors, officers, employees, agents, vendors, and independent contractors) from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of or related to: the Services or Activities listed on the Services; any feedback that you give or receive; your content or your trademark.
You hereby agreed to defend and indemnify us (collectively with our subsidiaries, affiliates, directors, officers, employees, agents, vendors, and independent contractors) from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs and expenses (including reasonable attorneys' and accounting fees) or investigation made by a third party arising out of or related to: your conduct; your use or inability to use the Service; your breach or alleged breach of these Terms or of any representation or warranty contained herein; your unauthorized use of Hokali Content; the Activities; any User Content you provide or which is otherwise submitted using your Account, including without limitation the use, submission, sale, upload, or provision of any image, logo, photograph, or other User Content which infringes on any third party's intellectual property right or other right; your violation of, or failure to obtain, any license with a third party with respect to any User Content; your fraud, misrepresentation, negligence, or misconduct; or any other action or omission by you which violates or results in the actual or alleged violation of any third party's rights.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THESE SERVICES. TO THE MAXIMUM EXTEND PERMITTED BY LAW, SERVICES AND ALL CONTENTS, MATERIALS, INFORMATION, USER CONTENT, PHOTOGRAPHS, IMAGES, AND OTHER DATA SOLELY ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOKALI EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, ACTIVITIES, CONTENTS, MATERIALS, USER CONTENT, PHOTOGRAPHS, IMAGES, AND OTHER DATA, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF CORRECTNESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE MATERIALS AND HOKALI WITH HAVE NO RESPONSIBILITY OR OBLIGATION RELATED THERETO. HOKALI MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES OR ANY MATERIALS, INFORMATION, CONTENT, OR USER CONTENT WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE.
IN NO EVENT SHALL HOKALI (INCLUDING ITS EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, OR REPUTATIONAL DAMAGE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES, THE ACTIVITIES, OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY HOKALI OR ANY THIRD PARTY, EVEN IF HOKALI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF HOKALI IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITH RESPECT TO THE THIRD-PARTY SERVICES AND ANY OTHER PRODUCTS OR SERVICES PROVIDED BY ANY THIRD PARTY, HOKALI SHALL HAVE NO LIABILITY OR OBLIGATION OF ANY NATURE OR TYPE RELATED THERETO, AND YOU WAIVE ANY AND ALL RIGHTS AND CLAIMS AGAINST HOKALI RELATED TO OR ARISING OUT OF SUCH THIRD-PARTY SERVICES AND OTHER PRODUCTS AND SERVICES PROVIDED BY A THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY WITH RESPECT THE FOREGOING SHALL BE TO BRING ACTION AGAINST AND RECOVER FROM SUCH THIRD PARTY DIRECTLY.
WITH RESPECT TO YOUR OR ANY OTHER PERSON USER CONTENT OR UPLOADED MATERIALS, HOKALI SHALL HAVE NO LIABILITY OR OBLIGATION OF ANY NATURE OR TYPE RELATED THERETO, AND YOU WAIVE ANY AND ALL RIGHTS AND CLAIMS AGAINST HOKALI RELATED TO OR ARISING OUT OF ANY SUCH USER CONTENT OR OTHER UPLOADED MATERIALS. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY WITH RESPECT TO THE FOREGOING SHALL BE TO BRING ACTION AGAINST AND RECOVER DIRECTLY FROM THE USER PROVIDING SUCH USER CONTENT OR UPLOADING SUCH MATERIALS.
TO THE EXTENT HOKALI HAS ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY OTHER PRODUCTS OR SERVICES OFFERED BY HOKALI OR ANY THIRD PARTY, HOKALI'S MAXIMUM TOTAL AGGREGATE LIABILITY SHALL BE LIMITED TO ACTUAL, DIRECT DAMAGES IN AN AMOUNT EQUAL TO THE LESSER OF (A) THE FEES PAID BY YOU THROUGH THE SERVICES IN THE THREE (3) MONTHS PERIOD INMEDIATELY PRECEDING THE CIRCUMSTANCES GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Hokali reserves the right, but has no obligation, to release new or updated versions of the Services, or otherwise modify or discontinue any Service or portion thereof, at any time and in its sole discretion. Such modifications may include, or disable, certain features, functionality, or content.
To the extent you make any suggestions, submit ideas, provide comments or feedback, or otherwise recommend or identify any actual or potential new service or any modification or improvement to a Service to Hokali (collectively "Feedback"), you: (a) represent and warranty to Hokali that the Feedback and all content therein belongs solely to you and does not infringe on the intellectual property rights or other proprietary interests of any third party; (b) upon sending such Feedback you grant to Hokali an irrevocable, worldwide, royalty-free, perpetual, transferable license to the Feedback and all ideas, concepts, and other intellectual property therein; (c) you will have no right or interest in or to any development, software, product, Service, feature, function, or other development by Hokali which incorporates all or any portion of the Feedback.
These Terms are effective until terminated by Hokali. Hokali may terminate its license provided hereunder (in whole or in part), your Account, or your right to access, use, or participate in the Services, at any time without notice in Hokali's sole discretion.
The license granted to you by Hokali under this Agreement with respect to any Material shall be immediately and automatically revoked for such Material upon the earliest of: (a) Hokali's removal of such Material from its website or any other Service; (b) termination of your Account; or (c) notice from Hokali of such termination.
In the event of termination, you are no longer authorized to access this site, you must immediately securely delete or destroy any Materials that were downloaded or otherwise retained by you, and the following will survive such termination and remain binding upon you: the restrictions imposed on you with respect to the Materials, the disclaimers and limitations of liabilities set forth in these Terms, and your indemnification obligations.
In the event of the termination or revocation of the license provided to you hereunder, you must immediately return to Hokali and securely delete or destroy any Materials in your possession that were subject to such license. Upon any cancellation or termination of these Terms, your Account, or your access or use of the Services for any reason, Hokali will have no obligation to retain or provide to you copies of any User Content or other data or information in your Account, stored by Hokali, or otherwise uploaded to the Services.
Cancellations made at least 30 days prior to the start of the after-school program will be eligible for a full refund. The refund will be credited back to the original payment method.
Cancellations made between 14 and 30 days prior to the start of the program will receive a full credit that can be applied towards another HOKALI program.
Cancellations made prior to the program's start date, up to 14 days in advance, will qualify for a 50% credit that can be utilized towards any other HOKALI program.
No refunds or credits will be issued for cancellations made after 48 hours of the program start.
In which scenarios HOKALI reserves the right to cancel the program :
To proceed with an after-school program, a minimum enrollment requirement of 6 to 10 students (depending on the program) must be met two weeks prior to the scheduled first session. If this minimum enrollment is not reached, HOKALI reserves the right to cancel the program.
Parents will be notified five days prior to the start of their after-school program if the minimum enrollment requirement has not been met. In such cases, parents can choose to transfer their child to another available program, or they will receive a full refund of their registration fee.
Except as provided below, the Services are managed by Hokali, Inc. You agree that these Terms will be governed by the laws of the State of California, excluding its conflicts of law provisions. In the event of any dispute related to these Terms that is not subject to binding arbitration, you and Hokali will submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Los Angeles County, California as the legal forum for any such dispute.
This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence.
You and Hokali agree to submit to binding arbitration any and all disputes, claims, or controversies of any kind, whether based on statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to our Services, these Terms, and/or any other relationship or dispute between you and us, including without limitation (i) the scope, applicability, or enforceability of these Terms and/or this arbitration provision, and (ii) relationships with third parties who are not parties to these Terms or this arbitration provision to the fullest extent permitted by applicable law (each a "Claim," and collectively the "Claims").
Any and all Claims which are not resolved by negotiation between the parties shall be submitted to binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association (the "AAA Rules"), as amended, in effect at the time arbitration is initiated. The AAA Rules are available online at www.adr.org or by calling (800) 778-7879 and are hereby incorporated by reference. In the event of any inconsistency between this arbitration provision and the AAA Rules, such inconsistency shall be resolved in favor of this provision. If you decide to initiate arbitration, you agree to pay the initiation fee of $200 (or the amount otherwise required by the AAA Rules), and we agree to pay the remaining arbitration initiation fee and any additional deposit required by AAA to initiate your arbitration. We will pay the costs of the arbitration proceeding, including the arbitrator's fees; however, other fees, such as attorney's fees and expenses of travel to the arbitration, shall be paid in accordance with the AAA Rules and applicable law. We will pay all costs associated with any arbitration that we commence. A single, neutral arbitrator selected in accordance with the AAA Rules shall decide all Claims.
The arbitrator shall be an active member in good standing of the bar for any state in the United States and shall be either actively engaged in the practice of law for at least five years or a retired judge. The arbitrator shall honor claims of privilege recognized at law. Unless inconsistent with applicable law, and except as otherwise provided herein, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the arbitration. Any arbitration proceedings shall be conducted in the federal judicial district of your residence, and you will be given the opportunity to attend the proceeding and be heard. The arbitrator's decision will be final and binding upon the parties and may be enforced in any federal or state court that has jurisdiction. You and we agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of governmental agencies.
Neither you nor Hokali may act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim. The Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Hokali individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Accordingly, you and we agree that the AAA Supplementary Rules for Class Arbitrations do not apply to our arbitration. This arbitration provision and the procedures applicable to the arbitration contemplated by this provision are governed by the Federal Arbitration Act, notwithstanding any state law that may be applicable.
This arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies. You and we also have the right to exercise self-help remedies, such as set-off, or to bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional or ancillary relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with any of these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in this provision.
A court may sever any portion of this Binding Arbitration and Class Action Waiver Section that it finds to be unenforceable, except for the prohibitions on any Claim being handled on a class or representative basis, and the remaining portions of this arbitration provision will remain valid and enforceable. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms.
THIS BINDING ARBITRATION AND CLASS ACTION WAIVER SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES. OTHER RIGHTS THAT YOU OR HOKALI WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Any rights not expressly granted herein are reserved. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. Failure of Hokali to enforce a right under these Terms will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.
These terms, along with any Service specific terms and conditions, represent the entire understanding between you and Hokali and supersedes any prior agreements, statements, or representations in any manner or form.
By subscribing to SMS notifications from HOKALI, you agree to the following terms and conditions:
1. Program Description
You agree to receive recurring SMS/text messages from HOKALI, including but not limited to important updates, promotional offers, reminders, and alerts related to our services.
2. Opt-In
By providing your mobile number and confirming your subscription (e.g., via a web form, keyword text, or checkbox during sign-up), you consent to receive SMS messages from HOKALI at the number you provided.
3. Opt-Out
You can cancel the SMS service at any time. To opt out, reply STOP to any message you receive. Upon sending STOP, you will receive one final message confirming your unsubscribe request. After this, you will no longer receive SMS messages unless you opt-in again.
4. Help
If you are experiencing issues with the messaging program, reply HELP for assistance. You can also contact us directly at support@hokali.co or (415) 707-2892.
5. Message & Data Rates
Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary. If you have any questions about your text or data plan, contact your wireless provider.
6. Supported Carriers
SMS messaging is supported on most U.S. and international carriers, but delivery is not guaranteed. Carrier participation may vary.
7. Privacy
We respect your privacy. Your information will be used in accordance with our Privacy Policy and will not be shared with third parties for their marketing purposes.
8. Changes to Terms
HOKALI reserves the right to modify these Terms & Conditions at any time. Continued use of the SMS service after changes are posted constitutes your acceptance of those changes.
Hokali welcomes your feedback. If you have questions or comments about our policies, feel free to contact Hokali Support directly at support@hokali.co.
These Terms were last updated on February 2nd, 2023.