Terms of Use
TERMS OF USE
 
Date of Last Revision: October 11, 2014
 
PRIVACY REMINDER
 
Protect your personal information by never providing social security, credit card, or bank account numbers to prospective employers.
 
PLEASE READ THESE TERMS OF USE CAREFULLY.  THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING LIMITATIONS, EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE.
 
Hopscotchnow.com is the property of Hopscotch, Inc., a California corporation, and provides online employment services and resources designed specifically for the medical industry and practice-based settings.  By using Hopscotchnow.com or any of its affiliated websites or services (“Hopscotch”), you (the “User” or “You”) agree that You have read, understand, and shall be bound by these Terms of Use.  Please read them carefully.  IF YOU DO NOT ACCEPT THE TERMS STATED HERE, DO NOT USE HOPSCOTCH.
 
Hopscotch’s services include on-line employment postings and searches and communication tools designed to facilitate valuable professional and personal networking among Users of Hopscotch.  Hopscotch also allows Users to create individual profiles, which Users may make public.  To learn more about how Hopscotch collects and uses Your Profile and other information, please review Hopscotch’s Privacy Policy, which is hereby incorporated by reference.
 
These Terms of Use may be, at Hopscotch’s sole discretion, changed, modified or amended at any time without notice.  You should visit this page periodically to review the most current Terms of Use because they are binding on You.  Continued use of Hopscotch after any such changes constitutes acceptance of the new Terms of Use.  If You do not agree to abide by these or any future Terms of Use, do not use (or continue to use) Hopscotch.  It is Your responsibility to regularly check the web address above to determine if there have been changes to these Terms of Use and to review such changes.
 
1. ELIGIBILITY
Any Use of or registration with Hopscotch is void where prohibited.  You must be 18 years of age or older, or of the age of majority as defined in Your jurisdiction, to visit or use Hopscotch in any manner.  By visiting or using Hopscotch in any manner, whether or not as a registered User, You represent that You at least 18 years of age, or of the age of majority in Your jurisdiction, and that You agree to abide by all of the terms and conditions of these Terms of Use.  Any registration by, use of, or access to Hopscotch by anyone who does not meet these age requirements is unauthorized, unlicensed, and in violation of these Terms of Use.  You may not use the Hopscotch Content or Profiles to determine a consumer's eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit.
 
Users who violate these Terms may have their access and use of Hopscotch suspended or terminated, at Hopscotch's sole discretion.
 
2. USE OF HOPSCOTCH CONTENT.
The contents of Hopscotch, such as designs, text, graphics, images, information, logos, button icons, software and other content, including any compilation, collection, arrangement, or assembly thereof (collectively, "Hopscotch Content"), are protected under copyright, trademark and other laws. All Hopscotch Content is the property of Hopscotch.  Unauthorized use of Hopscotch Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited.
 
Any code that Hopscotch creates to generate or display any Hopscotch Content or the pages making up any Hopscotch website is also protected by Hopscotch's copyright and You may not copy or adapt such code.
 
You agree not to sell or modify the Hopscotch Content or reproduce, display, publicly perform, distribute, or otherwise use the Hopscotch Content in any way for any public or commercial purpose, in connection with products or services that are not those of Hopscotch, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Hopscotch or its licensors, that dilutes the strength of Hopscotch's or its licensor's property, or that otherwise infringes Hopscotch's or its licensor's intellectual property rights. You further agree not to misuse Hopscotch Content.  The use of the Hopscotch Content on any other application, website or in a networked computer environment for any purpose is prohibited.
 
3. USE OF HOPSCOTCH SERVICES
Hopscotch and the services provided by its website, including job postings and applications, resume databases, and professional networking opportunities, may be used only by individuals seeking employment and/or career information and by employers seeking employees, all strictly within the medical industry and practice-based settings.  Your use of Hopscotch is also subject to any other contracts You may have with Hopscotch.  In the case of any conflict between these Terms of Use and any contract You have with Hopscotch, the terms of Your contract will prevail.  You are responsible for maintaining the confidentiality of Your account, including passwords and other account access information.  You may not share Your password or other account access information with any other party and You shall be responsible for all uses of Your Hopscotch account and Profile, whether or not authorized by You. You agree to immediately notify Hopscotch of any unauthorized use of Your account, Profile, or passwords or other account access information.
 
You represent, warrant and agree that no materials of any kind submitted through Your account or otherwise posted, transmitted, or shared by You on or through Your account or Profile will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, You agree not to:
 
(a) transmit, post, distribute, store, aggregate, copy, duplicate ,or destroy material, including without limitation Hopscotch Content, in violation of any applicable law or regulation, or in breach of these Terms of Use or Hopscotch's Privacy Policy;
 
(b) engage in any activity that could damage, disable, overburden, impair, or otherwise impose an unreasonable or disproportionately large load on any Hopscotch system or network, regardless of whether the activity is lawful or unlawful;
 
(c) use any device to navigate or search Hopscotch other than the tools available on Hopscotch, generally available third party web browsers, or other tools approved by Hopscotch;
 
(d) gain unauthorized access to any portion or feature of Hopscotch or any Hopscotch system or network, or use automated scripts to collect information from or otherwise interact with Hopscotch’s system or network;
 
(e) violate or attempt to violate the security of Hopscotch including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
 
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
 
(g) reverse engineer or decompile any parts of Hopscotch;
 
(h) frame or link to any Hopscotch Content or information available from Hopscotch, unless permitted by these Terms of Use;
 
(i) post any content or material that promotes or endorses false or misleading information, illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms of Use, such as violating someone's privacy, providing or creating computer viruses, or pirating media;
 
(j) register for more than one User account, register for a User account on behalf of an individual, group, or entity other than Yourself without that individual, group, or entity’s express permission  or post any resume or Profile or apply for any job on behalf of another party;
 
(k) post or submit to Hopscotch any incomplete, false or inaccurate biographical information or information which is not Your own, including impersonating any person or entity, or falsely stating or otherwise misrepresenting Yourself, Your age or Your affiliation with any person or entity;
 
(l) solicit passwords or personally identifiable information from other Users;
 
(m) delete or alter any material posted by any other person or entity;
 
(n) send, upload, post, or otherwise transmit to any User unsolicited mail, email, advertising, solicitation, or promotional material; or
 
(o) use Hopscotch for any unlawful purpose, or post or submit any content that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined in Hopscotch's sole discretion.
 
Violations of system or network security may result in civil and/or criminal liability. Hopscotch will investigate such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
 
4. REGISTRATION DATA; ACCOUNT SECURITY
When You register with Hopscotch, You will be asked to create an account and provide Hopscotch with certain information including, without limitation, Your name, address, and a valid email address.  You will also have the ability to provide additional information, such as job and education history, areas of expertise, a personal photograph, and other information.  You agree to (a) provide accurate, current and complete information about You as may be prompted or required by Hopscotch; (b) maintain the security of Your password and other account access information, if any; (c) maintain and promptly update any information You provide to Hopscotch, to keep it accurate, current and complete; and (d) be fully responsible for all use of Your account.  Hopscotch reserves the right to refuse service, terminate or suspend accounts, or remove or edit content in its sole discretion.
 
You understand and acknowledge that if You cancel Your Hopscotch account or Your Hopscotch account is terminated, all Your account information from Hopscotch, including resumes, Profiles, cover letters, job postings and applications, and questionnaires, may be deleted from Hopscotch’s databases and will be removed from any public area of Hopscotch.   Information may continue to be available for some period of time because of delays in propagating such deletion through Hopscotch’s web servers, or because third parties may retain saved copies.
 
5. ELECTRONIC COMMUNICATIONS
By using Hopscotch, You consent to receiving electronic communications from Hopscotch.  These electronic communications may include information about Hopscotch, its services and features, notices about applicable fees and charges, transactional information, and other information concerning or related to Hopscotch.  These electronic communications are part of Your relationship with Hopscotch. You agree that any notices, agreements, disclosures or other communications that Hopscotch will send You electronically will satisfy any legal communication requirements, including that such communications be in writing. If You do not wish to receive commercial emails from Hopscotch, You may opt-out by following the “unsubscribe” link attached at the bottom of each commercial email, or by sending an email to support@hopscotchnow.com.  If You opt-out of receiving commercial emails from Hopscotch, You may still receive emails from Hopscotch regarding Your account, charges and payments, and Your use of Hopscotch.
 
6. USER CONTENT
You understand that all information, data, text, software, photographs,  graphics, advertisements, messages or other materials submitted, posted or displayed by You on or through Hopscotch ("User Content") is Your sole responsibility.  Hopscotch claims no ownership or control over any User Content.  You or a third party licensor, if any, retain all patent, trademark and copyright to any User Content You submit, post or display on or through Hopscotch and You are responsible for protecting those rights. By submitting, posting or displaying User Content on or through Hopscotch, You grant Hopscotch a worldwide, non-exclusive, royalty-free, transferable, sub-licensable 1icense to use, reproduce, adapt, distribute and publish such User Content through Hopscotch.  In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, You grant Hopscotch a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting Hopscotch and its services. Hopscotch will discontinue this licensed use within a commercially reasonable period after such User Content is removed from Hopscotch.  Hopscotch reserves the right to refuse to accept post, display or transmit any User Content in its sole discretion.

You also represent and warrant that You have the right to grant the license stated above.  If You post User Content in any public area of Hopscotch, You also permit any User to access, display, view, store and reproduce such User Content.  Subject to the foregoing, the owner of such User Content placed on Hopscotch retains any and all rights that may exist in such User Content.  Hopscotch may review and remove any User Content that, in its sole judgment, violates these Terms of Use, applicable laws, rules or regulations. Hopscotch reserves the right to expel Users and prevent their further access to and use of Hopscotch for violating these Terms of Use or applicable laws, rules or regulations. Hopscotch may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Hopscotch, or damage Hopscotch’s brand, public image, or its business relationships with third parties.

Hopscotch does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users, nor does Hopscotch endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.

7. NOTIFYING HOPSCOTCH OF COPYRIGHT OR TRADEMARK INFRINGEMENT.
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to and is accessible on Hopscotch in a way that constitutes copyright or trademark infringement, please contact Hopscotch by email at support@hopscotchnow.com.
 
8. EMPLOYER POSTINGS
Employers are solely responsible for their postings on Hopscotch. Hopscotch shall not be responsible for any employment decisions made by any employer posting jobs on Hopscotch.
 
An employer job posting may not contain:
 
(a) any hyperlinks, other than those specifically authorized by Hopscotch;
 
(b) misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Hopscotch's sole discretion;
 
(c) the names, logos or trademarks of unaffiliated or unrelated companies, colleges, cities, states, towns, or countries;
 
(d) more than one job or job description, more than one location, or more than one job category;
 
(e) inaccurate, false, or misleading information;
 
(f) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18;
 
(g) any requirements of employment that do not comply with applicable law, including but not limited to laws relating to labor and employment, equal employment opportunity, or data access and use;
 
(h) any requirements for upfront or periodic payment, recruitment of other members, sub-distributors, or sub-agents as a condition to employment; or
 
(i) any opportunity that does not represent bona fide employment, which is generally indicated by the employer’s use of IRS forms W-2 or 1099.
 
Hopscotch reserves the right to remove any job posting or other content from Hopscotch, which in the reasonable exercise of Hopscotch's discretion, does not comply with the above Terms of Use, or if any content is posted that Hopscotch believes is not in the best interest of Hopscotch.
 
If at any time during Your use of Hopscotch, You made a misrepresentation of fact to Hopscotch or otherwise misled Hopscotch in regards to the nature of Your business activities, Hopscotch will have grounds to terminate Your use of Hopscotch.
 
9. PAYMENTS
Hopscotch uses Paypal.com (“Paypal”) for all of its transactions.  By using Hopscotch, You agree to provide Hopscotch with a verified Paypal account so that Hopscotch may charge that account for Your use of Hopscotch.   By providing Hopscotch with a Paypal account, You are stating that You are the authorized user of that account and all credit card, debit, or banking accounts that may be associated with the Paypal account.  You also authorize Hopscotch to charge Your Paypal account for services You request from Hopscotch.  This authorization will remain in full force and effect until the date upon which You notify Hopscotch to terminate this authorization.  Such notification must be submitted through support@hopscotchnow.com. 

You agree that Hopscotch is not liable for any overdraft or insufficient fund situation or charge (including, but not limited to, finance charges, late fees or similar charges) caused by Your failure to maintain funds sufficient to pay all payments issued through this payment program. You further agree that Hopscotch may charge a reasonable service fee for any charge or debit transactions that result in a returned debit entry, including, but not limited to, returns resulting from insufficient funds in Your account, closure of Your account, or incorrect account or routing information provided by You.  You agree to promptly notify Hopscotch in writing of any changes to Your Paypal account and hereby grant authority for Hopscotch to charge or debit such changed account.  

You will be liable for paying any and all applicable sales and use taxes associated with Your use of Hopscotch.  You authorize Hopscotch to charge Your Paypal account for any such applicable taxes.

Hopscotch reserves the right to modify pricing at any time, upon advance notice to You.  All fees paid to Hopscotch are non-refundable.

10. EMPLOYERS’ USE OF JOBSEEKER INFORMATION
If You are an employer using Hopscotch to post job opportunities, or to otherwise discover and identify potential employees:
 
When receiving resumes and other information from jobseekers in response to a job posting on Hopscotch (“Jobseeker Information”), You shall take appropriate physical, technical, and administrative measures to protect the content and data from loss, misuse, unauthorized access, disclosure, alteration or destruction.
 
Any resume or other jobseeker information acquired by an employer User through the use of Hopscotch shall not be used:
 
(a) for any purpose other than as an employer seeking employees, including but not limited  to advertising promotions, products, or services to any resume holders;
 
(b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed You that they do not want to be contacted) ; or
 
(c) to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities, unless approved by Hopscotch.
 
11. “ANTI-SPAM POLICY”
Hopscotch has a no tolerance policy towards unsolicited email and to those who have not requested or consent to receiving such email (“Spam”).  Any User found to be using Hopscotch for Spam will be immediately disabled from use of Hopscotch and all services provided by Hopscotch.  If You know or suspect any violators, please notify us immediately at support@hopscotchnow.com.
 
Hopscotch, at its sole discretion, may immediately, without refund, disable Your access to its network or any of its services if Hopscotch believes in its sole discretion that You have violated any of the email and permission practices listed above, or this “Anti-Spam Policy.”
 
12. HOPSCOTCH'S LIABILITY
Hopscotch does not screen or censor postings, resumes, profiles, or other User Content displayed on Hopscotch.  Hopscotch is not involved in, and does not control, the actual transaction between employers and candidates.  Therefore, Hopscotch is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings, and Hopscotch makes no representations or warranties about any jobs, resumes, Profiles, or User Content on Hopscotch. While Hopscotch reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from Hopscotch, Hopscotch does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.

Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through Hopscotch.  By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using Hopscotch.

Because User authentication on the Internet is difficult, Hopscotch cannot and does not confirm that each User is who they claim to be.  Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on Hopscotch, in the event that You have a dispute with one or more Users, You release Hopscotch (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.

Hopscotch and the Hopscotch Content may contain inaccuracies or typographical errors. Hopscotch makes no representations about the accuracy, reliability, completeness, or timeliness of Hopscotch or the Hopscotch Content.  The use of Hopscotch and the Hopscotch Content is at Your own risk. Changes are periodically made to Hopscotch and may be made at any time. Hopscotch cannot guarantee and does not promise any specific results from use of Hopscotch.  No advice or information, whether oral or written, obtained by a User from Hopscotch shall create any warranty not expressly stated herein.

If You are a California resident, You waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Hopscotch encourages You to keep a back-up copy of Your User Content.  To the extent permitted by law, in no event shall Hopscotch be liable for the deletion, loss, or unauthorized modification of any User Content.

Hopscotch does not provide or make any representation or warranty as to the quality or nature of any third party products or services purchased or otherwise received through Hopscotch.

If You believe that something on Hopscotch violates these Terms of Use, please contact us at support@hopscotchnow.com.

If notified of any content or other materials which allegedly do not conform to these Terms of Use, Hopscotch may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content.  Hopscotch has no liability or responsibility to Users for performance or nonperformance of such activities.

13. DISCLAIMER OF WARRANTY
TO THE FULLEST EXTENT POSSIBLE BY LAW, HOPSCOTCH DOES NOT WARRANT THAT HOPSCOTCH OR ANY OF ITS SERVICES WILL OPERATE ERROR-FREE OR THAT HOPSCOTCHOR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.  IF YOUR USE OF HOPSCOTCH OR THE HOPSCOTCH CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, HOPSCOTCH IS NOT RESPONSIBLE FOR THOSE COSTS. HOPSCOTCH AND HOPSCOTCH CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. HOPSCOTCH, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.  HOPSCOTCH MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE HOPSCOTCH CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

14. DISCLAIMER OF CONSEQUENTIAL DAMAGES
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL HOPSCOTCH, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY HOPSCOTCH BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE HOPSCOTCH OR THE HOPSCOTCH CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOPSCOTCH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. LIMITATION OF LIABILITY
HOPSCOTCH SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITE.  IN NO EVENT SHALL HOPSCOTCH BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF HOPSCOTCH KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
 
TO THE FULLEST EXTENT PERMITTED BY LAW, HOPSCOTCH'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY HOPSCOTCH SITE OR YOUR USE OF THE HOPSCOTCH CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY THE USER TO HOPSCOTCH FOR HOPSCOTCH'S SERVICES, OR (B) $1,000.

16. LINKS TO OTHER SITES
Hopscotch may contain links to third party websites.  These links are provided solely as a convenience to You and not as an endorsement by Hopscotch of the contents on such third-party websites.  Hopscotch is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites.  If You decide to access linked third-party websites, You do so at Your own risk.

17.  NO RESALE OR UNAUTHORIZED COMMERCIAL USE
You agree not to resell or assign Your rights or obligations under these Terms of Use.  You also agree not to make any unauthorized commercial use of Hopscotch or any Hopscotch Content.  Hopscotch may transfer, assign, or delegate these Terms of Use and its rights and obligations without consent.

18. NO AGENCY CREATED
No agency, partnership, joint venture, or employment is created as a result of these Terms of Use, and You do not have any authority of any kind to bind Hopscotch in any respect whatsoever.
 
19. INDEMNITY
You agree to defend, indemnify, and hold harmless Hopscotch, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to Hopscotch, (ii) Your use of any Hopscotch Content, or (iii) Your breach of these Terms of Use.  Hopscotch shall provide notice to You promptly of any such claim, suit, or proceeding.

20. GENERAL
These Terms of Use are governed by the laws of the State of California, without respect to its conflict of laws principles.  Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Los Angeles, California.  If any provision of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.  In addition, Hopscotch’s failure to enforce any term of these Terms of Use shall not be deemed as a waiver of such term or otherwise affect Hopscotch’s ability to enforce such term at any point in the future.  Except as expressly provided in an additional agreement, additional Terms of Use for certain areas of the Hopscotch website, a particular "Legal Notice," or software license or material on particular pages on the Hopscotch website, these Terms of Use constitute the entire agreement between You and Hopscotch with respect to Your use of Hopscotch.  No changes to these Terms of Use shall be made except by a revised posting on this page.

21. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.
 
PLEASE READ THIS CAREFULLY; IT AFFECTS YOUR RIGHTS.
 
YOU AND HOPSCOTCH AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES OR IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, ANY USE OF HOPSCOTCH OR ITS SERVICES (INCLUDING YOUR ACCESS TO OR USE OF HOPSCOTCH AND/OR ANY HOPSCOTCH WEBSITE OR NETWORK) (A “DISPUTE”) SHALL BE ARBITRATION PURSUANT TO THE TERMS, CONDITIONS AND PROCEDURES BELOW, EXCEPT THAT, TO THE EXTENT THAT EITHER PARTY HAS IN ANY MANNER INFRINGED UPON OR VIOLATED OR THREATENED TO INFRINGE UPON OR VIOLATE THE OTHER PARTY'S PATENT, COPYRIGHT, TRADEMARK OR TRADE SECRET RIGHTS, OR YOU HAVE OTHERWISE VIOLATED ANY OF THE USER CONDUCT RULES SET FORTH ABOVE, THEN THE PARTIES ACKNOWLEDGE THAT INJUNCTIVE OR OTHER APPROPRIATE RELIEF MAY BE SOUGHT.
 
Pre-Arbitration Claim Resolution
 
Before initiating any Dispute in arbitration, You must first give Hopscotch an opportunity to resolve the Dispute.  You must commence this process by sending written notification of Your Dispute to support@hopscotchnow.com.  The written notification must include (1) Your name, (2) Your valid mailing address, (3) a written description of your claim, and (4) a description of the specific relief you seek.  If Hopscotch does not resolve the Dispute within 45 days after it receives your written notification, You or Hopscotch may pursue your Dispute in arbitration pursuant to the procedures below.
 
Arbitration Procedures  Any Dispute that is not resolved by the pre-arbitration claim resolution procedure described above shall be determined by arbitration conducted in  Los Angeles, California, by one arbitrator agreed upon by the parties.  Either party may initiate arbitration by sending written notice to the other party of the initiating party’s desire to arbitrate a Dispute, which written notice shall include the name and curriculum vitae of the initiating party’s proposed arbitrator.  Notice to Hopscotch of the User’s intent to initiate arbitration shall be mailed to the address of the agent for service of process of Hopscotch, Inc. listed with the Secretary of State of California.  Notice of Hopscotch’s intent to initiate arbitration shall be mailed to the User’s mailing address provided in the pre-arbitration resolution procedure described above, or, if none has been provided, to the User’s email address.  Should the parties fail to agree upon an arbitrator within 10 business days of the initiating party’s written notice of the claim, then the parties shall each select one arbitrator and the two arbitrators shall select a third, which third arbitrator shall alone arbitrate the dispute.  The arbitration shall be conducted pursuant to the Comprehensive Arbitration Rules and Procedures of JAMS (excluding rules for initiating a claim and selecting an arbitrator).  The Arbitrator is empowered to grant damages, injunctive relief and all other appropriate relief as permitted by law.  The parties shall have the right to discovery in accordance with California Code of Civil Procedure section 1283.05.  All actions and decisions of the Arbitrator shall be made in accord with governing law.  The Arbitrator shall issue written findings of facts and law as part of his award, all of which shall be issued within fifteen (15) days after the close of the arbitration hearing.  Judgment upon the award rendered by the Arbitrator may be entered in any court having jurisdiction thereof.  The award of the Arbitrator and any finding of facts or law shall be subject to appeal as though made by a Superior Court judge.  The Arbitrator shall, in the award, allocate all of the costs of arbitration and mediation, if the parties agree to and participate in any mediation, including the fees of the Arbitrator and the reasonable attorneys’ fees for the prevailing party, against the party who did not prevail.  The amount of attorneys’ fees shall not be considered in determining the prevailing party in the arbitration.
 
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF HOPSCOTCH.  In no event shall any claim, action or proceeding by You related in any way to the use of Hopscotch or the Hopscotch Content be instituted more than one (1) year after the cause of action arose.
 
Except as otherwise provided herein, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action).  Neither You, nor any other user of Hopscotch can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding.

22. JURY WAIVER
You understand and agree that by entering into this Terms of Use You and Hopscotch are each waiving the right to a jury trial or a trial before a judge in a public court.

23. TERM AND TERMINATION                          
These Terms will remain in full force and effect while You are a User of Hopscotch.  Hopscotch reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from Hopscotch and immediate termination of Your account, upon any breach by You of these Terms of Use or if Hopscotch is unable to verify or authenticate any information You submit to Hopscotch.  Even after You are no longer a User of Hopscotch, certain provisions of these Terms of Use will remain in effect, including Sections 2 through 6 and 8 through 22, inclusive.
 
Update effective October 11, 2014