Welcome to the Hit2b Terms and Conditions of Use, a legal agreement between you and Hit2b governing your use of the Hit2b website or application ("Hit2b" or the "App"). Before you begin using the App, we recommend carefully reading these Terms, along with our Community Guidelines (which are part of these Terms) and our Privacy Policy, to understand your rights and responsibilities.
Worldwide, USA, or Delaware subscribers, have the right to cancel your subscription and request a refund within three business days of subscribing. If you subscribed using your Apple ID, refunds are managed by Apple. For refunds related to Google Play Store accounts or subscriptions through Hit2b, please contact customer support for assistance.
1. Who can join the Hit2b community?
Age requirement: You must be at least 18 years old to create an account.
Legal compliance: Using the Hit2b app means agreeing to follow the laws of your country.
Creating your Hit2b account:
Two ways to sign up: You can choose to register manually by providing your own information, or you can use your existing Facebook login.
Facebook login: By using Facebook login, you grant Hit2b access to specific information from your Facebook profile. This includes your profile picture, relationship status, location (city/country), and details about your Facebook friends.
Privacy Policy: For a complete understanding of the data Hit2b collects and how it's used, please refer to the app's Privacy Policy. By using the app, you acknowledge this data collection and usage practice.
Using your Hit2b account responsibly:
Account ownership: Sharing your account information with others or using someone else's account is strictly prohibited.
Leaving Hit2b: If you decide to leave the platform, you can easily delete your account by going to the Settings page within the app while logged in. There, you'll find the "Delete Account" option.
Deletion process: While your account will be deleted promptly, it might take some time for all your content (defined in the app's terms) to be completely removed from the app. Your profile information will be handled according to the Privacy Policy.
Account reactivation: If you try to create a new account using the same credentials within a certain period after deletion, Hit2b might automatically reactivate your old account instead.
Keeping Hit2b safe and enjoyable for everyone:
Monitoring system: Hit2b utilizes a combination of automated systems, user reports, and human moderators to monitor and review accounts and content for any violations of the app's Terms of Service.
Enforcement actions: Hit2b reserves the right to take action against any account that breaks the rules. This may include account termination, account suspension, restricting access to the app, or using other means (technical, legal, etc.) to enforce the Terms.
Transparency with EU users: For users in the European Union or worldwide, Hit2b will provide notification before taking action against their account or content, unless prevented by law enforcement.
Action without notice for others: For users outside the EU or USA, Hit2b may take action against accounts at any time without prior notice or liability.
Reasons for account termination: Your account can be terminated or suspended for various reasons, including but not limited to:
Violating the Hit2b Terms of Service or not being 18 years of age or older.
Engaging in inappropriate behavior on the app, either towards other users or in general (including offline conduct that reflects poorly on the app)
Inappropriate behavior on other apps operated by Hit2b affiliates
Any other reason deemed justifiable by Hit2b
No refunds on termination: If your account is terminated, you won't receive a refund for any paid services or features you've already been charged for.
Think Hit2b made a mistake?
Appeal process: If you believe Hit2b has taken action against your account in error, you can appeal the decision. The app itself might have an appeals process outlined, or you can contact Hit2b through their contact form.
Special rights for users in the European Union:
Out-of-court dispute settlement: The Digital Services Act grants all users the right to access third-party out-of-court dispute settlement processes to resolve conflicts with Hit2b.
Court remedies: Worldwide users can also seek remedies from courts located in their member state of residence.
Complaints to local authorities: Additionally, users have the right to lodge a complaint with their local regulatory authority regarding Hit2b.
Technical restrictions:
Respecting non-public areas: You may not access, tamper with, or use areas of the app or Hit2b's systems that are not publicly accessible.
Account requirement for some features: Certain functionalities within the Hit2b app might require you to have a registered account to access them.
Hit2b offers three main types of content you will encounter:
1. Your Content: This is anything you upload or share on the app, like photos, videos, or profile information.
2. Member Content: This is content shared by other Hit2b users, similar to your own.
3. Hit2b Group Content: This includes the app's infrastructure (databases, software) and any content Hit2b provides directly.
Keeping Things Safe and Respectful
Hit2b has Community Guidelines that outline what's acceptable on the platform. These guidelines help maintain a positive and respectful environment for everyone. They may be updated occasionally, so be sure to check back for any changes.
Here are some general categories of content that are not allowed on Hit2b:
Illegal activity or content that encourages it.
Anything harmful to minors.
Defamation or libelous content.
Content that infringes on someone else's rights (copyright, privacy, etc.).
Images or language that is offensive, harassing, or upsetting.
Obscene, pornographic, or violent content.
Abusive, discriminatory, or hateful content.
Commercial content like sales, contests, or ads.
Spam or unsolicited messages.
Impersonation or deceptive behavior.
Malicious software or viruses.
Anything else that violates Hit2b's Community Guidelines.
Your Responsibility for Your Content:
You are responsible for the content you share on Hit2b. Make sure it complies with the Community Guidelines and doesn't contain any personal information like phone numbers, addresses, or banking details.
Sharing with the World:
Hit2b is a public platform, so your content can be seen by other users around the world. Consider this before you post anything.
Permissions and Ownership:
By uploading content to Hit2b, you represent that you have the right to do so and grant Hit2b a non-exclusive, royalty-free license to use your content in various ways (editing, advertising, distribution, etc.). Hit2b can also assign this license to others.
Storing and Removing Content:
Hit2b doesn't guarantee storage of your content. Back it up if it's important! You also authorize Hit2b to take action against unauthorized use of your content by others outside the app.
Member Content:
Other users' content belongs to them, and it's stored on Hit2b's servers at their direction. You don't have any rights to this content and can only use other users' personal information for connecting on Hit2b, not for commercial purposes, spam, or harassment. Hit2b reserves the right to terminate your account for misusing other users' information.
Member Content and Copyright:
Member Content is subject to the Digital Millennium Copyright Act. If you have a copyright claim regarding Member Content, you can find more information in the dedicated section of Hit2b's Terms of Service.
What about the app itself?
Hit2b owns all the text, graphics, user interface design, logos, sounds, and other creative elements that make up the Hit2b app. This also includes the underlying software and databases that power the app. All this is protected by intellectual property laws like copyright and trademarks.
Limited Permission to Use Hit2b:
While Hit2b owns the app, they grant you a special permission to use it. Here's what this permission allows and restricts:
Access and Use: You can access and use the app's features, but you can't sell, modify, or distribute Hit2b's content itself.
Branding Restrictions: You can't use Hit2b's name in hidden ways like website keywords or hidden text.
No Modifications: Don't try to copy, disassemble, or exploit Hit2b's content in any way.
Lawful Use Only: Hit2b's app and content can only be used for legitimate purposes.
Hit2b Reserves the Right to Review Content:
Hit2b doesn't have to pre-screen everything you or other users post, but they can review and remove content (including private messages) if they believe it's necessary for safety reasons.
Matching You with Compatible Users:
Hit2b uses special algorithms to suggest people you might connect well with. You can find more details about how these algorithms work and the factors they consider in Hit2b's Privacy Policy.
Hit2b wants a safe and inclusive space for everyone. Here's what you agree to when using the app:
Following the Law:
Uphold all applicable laws, including privacy, intellectual property, anti-spam, and anti-discrimination laws.
Being Yourself:
Use your real name and accurate age when creating your profile.
Treating Others with Respect:
Act kindly and avoid being dishonest, abusive, or discriminatory towards others.
What Not to Do on Hit2b:
Misrepresent yourself (age, work, etc.)
Share private information without permission.
Stalk or harass other users.
Use Hit2b for scams, spam, fake profiles, or commercial activity.
Submit false reports or complaints.
Create tools to scrape or extract data from Hit2b.
Reporting Issues:
If you encounter someone misbehaving, report them to Hit2b with details of the issue.
You can also report users directly through their profile or in chats.
Hit2b's Role and Limitations:
Hit2b can investigate potential violations of these terms or user rights.
Hit2b reserves the right to suspend or terminate accounts without warning.
They also have the right to remove inappropriate content.
Hit2b doesn't run background checks on users and can't guarantee user behavior or compatibility.
You, the user, are responsible for your interactions with others on the app.
Liability Release
By using the App, you agree to release Hit2b and its successors from any claims, demands, losses, damages, rights, and actions, including personal injuries, sexual abuse, assault, death, and property damage, arising directly or indirectly from your interactions with or conduct of other App users. If you are a USA resident, you waive Civil Code Section 1542, which states that a general release does not extend to claims unknown to the releasing party at the time of execution, which if known, would have materially affected the settlement. However, this release does not apply to claims arising from unconscionable commercial practices, fraud, deception, false promises, misrepresentations, concealment, suppression, or omission of material facts by Hit2b.
Unauthorized scraping or replication of any part of the App without our prior consent is strictly prohibited. This prohibition extends to all means, automated or otherwise, except through our currently available, published interfaces, unless specifically allowed in a separate agreement with us.
Keeping Hit2b Unique:
Copying or scraping any part of Hit2b's app without permission is strictly prohibited.
If you encounter abuse or wish to report Member Content, please contact us detailing the abuse or complaint. You can also report a user directly from their profile or in chat by clicking the ‘Block & Report’ link. We reserve the right to investigate any potential violations of these Terms, user rights, or third-party rights, and we may, at our discretion, terminate a user’s right to use the App without prior notice and/or remove improper, infringing, or unauthorized Member Content submitted to the App.
Please note that we do not control the actions or statements of our users, so you are solely responsible for your interactions with other App users.
You acknowledge that Hit2b presently does not carry out criminal background screenings on its users, nor does it investigate their backgrounds or attempt to authenticate their claims. Hit2b provides no assurances regarding the behavior of its users or their compatibility with others, present or future. Hit2b retains the discretion to perform criminal background checks or other screenings, such as searches of sex offender registries, at any point and to utilize accessible public records for any lawful purpose.
Hit2b lets you unlock additional features and functionalities through in-app purchases, offering you more control over your dating experience. Here's a comprehensive look at how these purchases work:
Making In-App Purchases:
Two Methods: You have the flexibility to make purchases directly within the Hit2b app or through established payment platforms like Apple App Store and Google Play Store.
Payment Authorization: Regardless of the chosen method, Hit2b will be authorized to charge your designated payment method (credit card, debit card, or PayPal) upon confirmation.
Responsibility for Payment: It's your responsibility to ensure your chosen payment method has sufficient funds. If payment isn't received, you agree to settle any outstanding balance promptly upon Hit2b's request.
Understanding Subscriptions:
Auto-Renewal: Hit2b offers subscriptions for its premium features, like Hit2b Boost or Hit2b Premium. These subscriptions automatically renew at the end of the designated period (e.g., weekly, monthly, or quarterly) unless you manually cancel them.
Price Changes and Notifications: Hit2b reserves the right to adjust pricing for these subscriptions. However, they'll notify you beforehand, giving you the opportunity to cancel if the new price doesn't suit you.
Avoiding Unwanted Charges: To prevent automatic renewal charges for the next subscription period, you must cancel before the current period ends. Simply deleting the Hit2b app won't cancel your subscription.
Cancelling Subscriptions:
The Cancellation Process: How you cancel your subscription depends on where you purchased it:
Directly from Hit2b: Access your profile settings within the app and locate the payment settings option. You should be able to cancel or change your payment method there.
Through Third-Party Stores (Apple App Store or Google Play Store): You'll need to manage your subscriptions through your account settings within the respective app store platform.
Grace Period: Even after cancelling, you'll still have access to the premium features until the end of the paid period you already covered.
No Refunds for Unused Portions: Unfortunately, Hit2b's policy generally doesn't offer refunds for unused portions of cancelled subscriptions.
Exploring Free Trials:
Promotional Offers: Hit2b may occasionally offer free trials for their premium features. These trials can be a great way to test out the service before committing to a paid subscription.
Automatic Conversion: Be mindful that some free trials automatically convert to paid subscriptions if not cancelled before the trial ends.
Limited Eligibility: If you've previously participated in a Hit2b free trial, you might not be eligible for another one.
General Rule: In most cases, all charges for in-app purchases and subscriptions are considered final and non-refundable. There are no credits or refunds offered for partially used periods.
Exceptions for Certain States: Some US states (Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin) have specific consumer protection laws regarding subscription cancellations. These are outlined in the full terms for your reference.
Requesting a Refund (if applicable): If you reside in a state with exceptions or believe you have a valid reason for a refund, you'll need to follow specific instructions depending on how you made the purchase:
Subscriptions purchased through Apple App Store: Refunds for these must be handled directly through Apple. You can initiate the process by going to iTunes, selecting your Apple ID, clicking "Purchase history," finding the Hit2b transaction, and selecting "Report a Problem." Alternatively, you can submit a request through Apple Support.
All other purchases: Contact Hit2b's customer support and provide your order number (found in your order confirmation email or by logging into Google Wallet for Google Play Store purchases). You can also submit a written request with your order number, email address or mobile number associated with your account.
Tax Considerations:
Sales Tax: The purchase prices listed for in-app purchases and subscriptions might not be the final cost. Depending on your location, you may be responsible for paying additional sales tax.
Hit2b's Responsibility: If Hit2b determines they have a legal obligation to collect sales tax related to your purchases, they'll add this amount to the standard purchase price.
Your Responsibility: You're ultimately responsible for paying any applicable sales tax and any related penalties or interest to the relevant tax authority if Hit2b hasn't already collected it.
The App, Site, our content, and member content are provided to you on an "as is" and "as available" basis, without any warranty, express or implied, including but not limited to warranties of fitness for a particular purpose, title, or non-infringement. We do not guarantee the compatibility of any matches. If applicable law does not allow the exclusion of implied warranties, we provide the minimum express or implied warranty required by law. No advice or information, whether oral or written, creates any warranty, representation, or guarantee not expressly stated here.
Hit2b expressly disclaims any responsibility for damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages.
Disclaimer of Warranties: The app, site, content, and member content are provided on an "as is" and "as available" basis, without any warranty. Hit2b explicitly disclaims any warranties regarding the accuracy, reliability, completeness, or availability of the app, site, content, or member content. Additionally, Hit2b does not guarantee that the app or site will be free from errors, viruses, or other harmful components.
User Interactions and Conduct: In addition to the existing disclaimer, it is important to emphasize that Hit2b is not responsible for any harm, abuse, or even death that may occur as a result of user interactions worldwide. Users acknowledge and agree that they engage with others on the app at their own risk. Hit2b does not assume any liability for the actions, behavior, or consequences of such interactions. Users are solely responsible for their personal safety and well-being while using the app, and it is their responsibility to exercise caution and make informed decisions.
Additionally, we do not warrant that the App or Site will be uninterrupted, secure, or error-free, or that your use will meet your expectations, or that the App, Site, our content, member content, or any portion thereof, is correct, accurate, or reliable. Your use of the App or Site is at your own risk. You are solely responsible for your interactions with other members. The Hit2b is not responsible for user conduct and does not conduct criminal background checks on its members.
Neither us nor any owner will be liable for any damages, direct or indirect, incidental, consequential, special, or punitive, including but not limited to loss of data, income, profit, or goodwill, loss of or damage to property, and claims of third parties arising from your access to or use of the App, Site, our content, or any member content, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability, or otherwise.
This limitation applies even if we were advised of the possibility of such damages. If you become dissatisfied with the App or Site, your sole and exclusive remedy is to stop using them.
You hereby waive any and all claims arising from your use of the App or Site. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation of liability is found to be invalid or unenforceable, our aggregate liability shall not exceed one hundred dollars ($100).
The limitation of liability is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The App and Site would not be provided without such limitations, and you agree that these limitations and exclusions of liability, disclaimers, and exclusive remedies will survive even if found to have failed in their essential purpose. This does not apply to liability arising from fraud or fraudulent misrepresentations or any other liability that cannot be limited by applicable law.
All actions and information you post on Hit2b remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, our partners, licensors, affiliates, contractors, officers, directors, employees, representatives, and agents harmless from any third-party claims, damages, actions, proceedings, demands, losses, liabilities, costs, and expenses arising from:
1. Any negligent acts, omissions, or willful misconduct by you.
2. Your access to and use of the App.
3. The uploading or submission of Content to the App by you.
4. Any breach of these Terms by you.
5. Your violation of any law or rights of any third party.
We retain the exclusive right to settle, compromise, and pay any and all claims or causes of action brought against us without your prior consent. If requested, you will cooperate fully and reasonably as required by us in the defense of any relevant claim.
This provision does not require you to indemnify Hit2b for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation, or concealment, suppression, or omission of any material fact in connection with the App.
If you download the App from a Third Party Store, the following additional terms and conditions apply to you. If the terms and conditions of this section conflict with or are less restrictive than other terms in these Terms, the more restrictive or conflicting terms in this section will apply, but only concerning the App and the Third Party Store. You acknowledge and agree that:
1. These Terms are exclusively between you and the Hit2b, not with the providers of the Third Party Store. The Hit2b, not the Third Party Store providers, is solely responsible for the App and its content. If these Terms offer usage rules for the App that are less restrictive or conflicting with the applicable terms of service of the Third Party Store, the more restrictive or conflicting term of the Third Party Store will prevail.
2. The Third Party Store provider is not obligated to provide any maintenance or support services for the App. The Hit2b is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. The Third Party Store provider holds no warranty obligation with respect to the App, and any claims, losses, liabilities, damages, costs, or expenses resulting from any failure to meet warranty obligations will be the sole responsibility of the Hit2b.
3. The Hit2b, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have regarding the App or your possession and/or use of it. This includes, but is not limited to: (i) product liability claims; (ii) claims of non-conformity with any applicable legal or regulatory requirements; (iii) claims under consumer protection or similar legislation; and/or (iv) claims of intellectual property infringement.
4. The Third Party Store provider and its subsidiaries are considered third-party beneficiaries of these Terms. Upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
In case of a conflict between the applicable terms and conditions of a Third Party Store or mobile carrier and these Terms, the terms and conditions of the Third Party Store or mobile carrier will prevail. We hold no responsibility and liability for third-party goods or services obtained through a Third Party Store or mobile carrier. We encourage you to conduct any necessary investigation before proceeding with any online transaction with these third parties.
Any dispute, controversy, or claim arising out of or relating to these Terms, including the breach, termination, or validity thereof, shall be settled by arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in [Location] and in accordance with the laws of [Jurisdiction]. The language of the arbitration shall be English. The parties agree to mutually select a single arbitrator. If the parties cannot agree on an arbitrator within [Number of Days] days of initiating arbitration, either party may request that the AAA appoint an arbitrator. The prevailing party in the arbitration shall be entitled to recover its reasonable attorneys' fees and costs from the other party. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. This arbitration clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Waiver of Jury Trials
By consenting to arbitration, YOU AND HIT2B ARE EACH AGREEING TO FORGO THEIR RIGHTS TO A JURY TRIAL. Instead, you and the Hit2b are opting for the resolution of all claims and disputes through arbitration under this Arbitration Agreement. An arbitrator has the authority to grant the same damages and relief as a court and is bound by this Agreement as a court would be. However, arbitration proceedings do not involve a judge or jury, and any court review of an arbitration award is subject to very limited scrutiny.
Individual Arbitration Only
All claims and disputes falling within the scope of this Arbitration Agreement MUST BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT THROUGH A CLASS OR COLLECTIVE ACTION, AND YOU AND THE HIT2B ARE WAIVING YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER FORM OF CLASS PROCEEDING. However, this provision does not prohibit the utilization of bellwether arbitrations, global mediation, or batch arbitrations does it prohibit the application of the arbitration provider’s fee schedules for mass arbitrations, where applicable. Only relief that would be available in an individual lawsuit is accessible, and claims involving more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user nor does this provision preclude the application of the arbitration provider’s fee schedules for mass arbitrations, where applicable. The arbitration proceeding will not be merged with any other matters or joined with any other cases or parties, except as provided herein nor does this provision preclude the application of the arbitration provider’s fee schedules for mass arbitrations, where applicable.
Should any portion or portions of this Arbitration Agreement be deemed invalid or unenforceable under the law, they shall be disregarded and removed, while the remaining portions of the Arbitration Agreement shall remain fully effective. In the event that a court determines that any provisions in the Arbitration Agreement above are invalid or unenforceable because they would impede the exercise of a non-waivable right to seek public injunctive relief, any dispute regarding the entitlement to such relief (and solely that relief) must be separated from arbitration and may be pursued in court. All other disputes subject to arbitration as per the terms of the Arbitration Agreement shall be resolved through arbitration according to its terms.
The provisions of this Arbitration Agreement will persist even following the termination of your association with Hit2b.
We may send you emails, text messages, push notifications, alerts, and other messages concerning the App and/or Hit2b services, covering updates, offers, products, events, and promotions. Upon downloading the App, you'll be prompted to accept or decline push notifications/alerts. Opting out means you won't receive any, while opting in enables automatic delivery. Should you wish to stop receiving push notifications/alerts from the App, you can opt out by adjusting your notification settings on your mobile device. For unsubscribing from other communication forms like emails or text messages, you can follow the provided instructions or through our contact email available on our website.
The App may grant access to location-specific content, products, services, and materials based on your current location. This is made possible by the App determining your location using methods like GPS, Bluetooth, or other mobile device software. If you've disabled GPS, Bluetooth, or location-tracking software on your device or haven't allowed the App access to your location data, you won't be able to access such location-specific content, products, services, and materials. For a deeper understanding of how the App collects and utilizes your information, please consult our Privacy Policy.
This agreement starts when you accept it (as explained in the introduction) and remains in effect until ended as outlined below.
You have the option to close your Account whenever you wish by accessing the App, navigating to the “Settings” section (identified by a gear icon), and following the provided instructions for terminating your account. Please be aware that if you do close your Account, any active subscription will persist until the current subscription period ends, and you will not be eligible for a refund except as outlined in Section 5. Additionally, besides closing your account, you must also manage or cancel any recurring subscriptions obtained through a Third Party Store (such as iTunes or Google Play) to prevent further charges.
If, at its discretion, Hit2b determines that you have violated any part of these Terms, misused the App, or engaged in conduct deemed inappropriate or unlawful (whether within or outside the App), Hit2b reserves the right to take the following actions: (a) issue a warning via email (sent to any email addresses provided to Hit2b by you); (b) remove your User Content; (c) terminate your Account; (d) terminate your subscription(s) without refund; (e) inform and/or cooperate fully with law enforcement authorities as necessary; and/or (f) pursue any other appropriate actions as deemed by Hit2b. You agree that any terminations for cause will be solely at the discretion of Hit2b, and Hit2b shall not be held liable to you or any third party for such terminations.
Termination of these Terms or your Account entails the revocation of access to your Account, as well as all associated information and content.
Should your account be terminated by either you or Hit2b for any reason, all provisions of these Terms that, by their nature, should survive termination will indeed do so. This includes, but is not limited to, the Arbitration Agreement, ownership provisions, warranty disclaimers, and limitation of liability. Your information will be retained and deleted in accordance with our Privacy Policy.
Before you begin using Hit2b, there are a few additional points we need to cover.
These Terms, which we reserve the right to modify periodically, constitute the complete agreement between you and the Hit2b. They supersede all prior agreements, representations, and arrangements between us, whether written or oral, except for the Privacy Policy. This clause does not limit or exclude any liability for fraudulent misrepresentation.
The Hit2b has made reasonable efforts to ensure the accuracy, availability, currency, and completeness of the information provided on Hit2b, offering it on an "as is," "as available" basis. We do not provide or make any warranties or representations regarding the information on Hit2b, whether express or implied. Your use of Hit2b and its materials is entirely at your own risk. The Hit2b is not liable for any losses resulting from data transmission, usage, or inaccurate Member Content.
You are responsible for taking necessary precautions to ensure that any material obtained from Hit2b is free from viruses or other harmful components. You acknowledge that Hit2b may not be provided without interruptions or errors, that defects may not be rectified, or that the Hit2b or the server hosting it are free from viruses, bugs, spyware, Trojan horses, or similar malicious software. The Hit2b is not responsible for any damage to your computer hardware, software, or other equipment or technology, including but not limited to damage resulting from security breaches, viruses, bugs, tampering, fraud, errors, omissions, interruptions, defects, delays in operation or transmission, computer or network failures, or any other technical or other malfunction.
Communications between you and the Hit2b may occur electronically, whether through the App, emails sent to Hit2b, notices posted within the App, or communications sent to you via email. For contractual purposes, you (a) consent to receive electronic communications from the Hit2b; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications provided by the Hit2b electronically satisfy the requirements as if they were in writing. This provision does not affect your statutory rights, including but not limited to those under the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. Sec. 7001 et. seq.
Should any of the Terms be deemed illegal, invalid, or unenforceable by a court of competent jurisdiction for any reason, the offending term shall be severed and removed from the Terms to the extent of its illegality, invalidity, or unenforceability. However, the remainder of the Terms shall continue to be binding, enforceable, and in full force, surviving such severance.
No failure or delay in exercising any right, power, or privilege under the Terms shall constitute a waiver of such right or an acceptance of any variation of the Terms. Nor shall any single or partial exercise of any right, power, or privilege by either party prevent further exercise of that right or the exercise of any other right, power, or privilege.
You confirm and assure that:
You are not situated in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a "terrorist supporting" country.
You are not listed on any U.S. Government list of prohibited or restricted parties.
By utilizing the App, you consent and recognize that Hit2b operates globally, utilizing servers in various countries, including the United States. If you reside in a country with data protection laws, your personal data storage may not offer the same protections as those in your country of residence. By providing your personal information, upgrading the services you use, or utilizing the applications on Hit2b, you agree to the transfer, storage, and processing of your personal information in any such countries and destinations.
The App might include links to third-party websites or resources. In such instances, you acknowledge and agree that we bear no responsibility or liability for:
The availability or accuracy of such websites or resources.
The content, products, or services provided by or accessible through such websites or resources.
Links to such websites or resources do not imply endorsement. You accept sole responsibility for and assume all risks arising from your use of any such websites or resources. Framing, in-line linking, or any other methods of association with the App are expressly prohibited without our prior written consent.
These Terms, along with any rights and licenses granted herein, may not be transferred or assigned by you but may be assigned by us without restriction.
In the event of any inconsistency between this English language version and any translated copies of the Terms, the English version shall prevail.
Governing Law and Jurisdiction
This general Terms of Service in relation to the use of our App and/or website is hereby governed by, and constructed and enforced in accordance with the laws of the State of Delaware. The competent courts in the State of Delaware shall have the exclusive jurisdiction to resolve any dispute between you and Hit2b.