Last Updated: August, 2020;
Effective: August, 2020
Thank you for using HookM Solutions, LLC (“HookM”, “Company”, “We”, “Our”, “Us”). In order to use the HookM platform, including our smartphone application and related software services (“Service”) you, the “User” or “Service Professional”, must agree to the following terms and conditions (“Terms of Service”). The Terms of Service is an agreement between HookM Solutions, LLC, a Louisiana Limited Liability Company, the owner and operator of the HookM platform, and you, the User or Service Professional.
- Acceptance of these Terms
SERVICE PROFESSIONALS UNDERSTAND, AGREE, AND AUTHORIZE HOOKM TO USE YOUR INFORMATION TO OBTAIN BACKGROUND CHECKS, CREDIT REPORTS, AND LEGAL REPORTS FROM OUR VENDORS DURING THE DURATION OF SERVICE AS DESCRIBED IN FURTHER DETAIL BELOW
Company agrees to take reasonable steps to keep the Service secure, free of errors, and up-to-date. However, Company makes no warranty, representation, or guarantee that this is the case. We make no guarantee of any specific results from the use of our Service.
New Terms of Service do not apply retroactively, and we will post the date the Terms of Service have gone into effect.
- Our Platform Connects Users and Service Professionals
The HookM Platform is a web-based communications and scheduling platform enabling Users and Service Professionals to communicate and schedule quotes or short term services (“Project”). “Users” are individuals and/or businesses seeking Project completion from Service Professionals. Users are, at all times, clients of the Service Professionals they engage. “Service Professionals” are businesses or individual contractors seeking to perform Projects for Users. Users and Service Professionals are referred to as “Users” throughout the Agreement. Users understand that there is no guarantee that any request will be made or that they will be engaged for any Project completion.
USERS UNDERSTAND THAT SERVICE PROFESSIONALS ARE INDEPENDENT BUSINESS OWNERS OR INDIVIDUALS AND ARE INDEPENDENT CONTRACTORS OF USERS AND SERVICE PROFESSIONALS AND ANY WORK OR PROJECTS COMPLETED BY SERVICE PROFESSIONALS ARE NOT CONTROLLED, DIRECTED, OR MONITORED BY HOOKM. SERVICE PROFESSIONALS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF HOOKM. NO PROJECTS ARE COMPLETED BY HOOKM AND HOOKM DOES NOT EMPLOY ANY INDIVIDUAL OR COMPANY TO PERFORM PROJECTS ON THEIR BEHALF. EACH SERVICE PROFESSIONAL HAS THEIR OWN TERMS AND CONDITIONS THAT YOU SHOULD UNDERSTAND. HOOKM IS ONLY ACTING AND OPERATING AS AN ONLINE MARKETPLACE THAT CONNECTS USERS WITH SERVICE PROFESSIONALS WHO DESIRE TO PERFORM A VARIETY OF PROJECTS.
HookM is not a co-vendor or co-performer of such products or services, and therefore HookM has no power of control over the acts or omissions of Service Professionals or for any injury, damage, loss, or accident resulting from the services or products provided. You, as recipient of goods and/or services provided by Service Professionals, will be required to abide by Service Professional’s Terms and Conditions. If you agree on the terms of a Project with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail below.
HOOKM EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE PROJECTS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.
- ELIGIBILITY, REPRESENTATIONS, WARRANTIES OF SERVICE PROFESSIONALS
By use of the HookM platform, “Service”, Service Professionals represent and warrant that they, their employees, contractors, sub-contractors, or agents who may perform or complete Projects on their behalf are fully qualified and experienced and certified, licensed, bonded, and insured as required by any applicable law and regulation which they may be subject to where offering project services and in relation to specific services and projects they are performing on behalf of another requesting User. Service Professionals agree to abide by all applicable laws and regulations in their use of the Service and any personally identifiable User information from the Service.
Service Professionals understand that HookM is not in the business of providing professionals services or completing any Projects for Users. Service Professionals further understand that by creating an account with HookM they only receive access to Project requests from other Users and are customers of HookM and not employees, partners, representatives, agents, joint venturers, or independent contractors or HookM. Service Professionals agree that they must set their own prices, provide their own equipment, determine their own schedule, and provide their own insurance. Service Members acknowledge that HookM does not have any right to control, direct, or scope any Project to completion and Service Professionals are solely responsible for the completion of any Project engagement with other User.
Service Professionals agree and authorize HookM, as permissible by law, to use a Service Professional’s full name, date of birth to obtain reports regarding Service Professionals, which may include background checks, arrest or conviction hirostry, including sex offender registration, and other legal proceedings by or against the Service Professional. By authorizing HookM to obtain such reports, Service Professionals acknowledge and understand that HookM may limit, block, suspend, deactivate, or cancel a Service Professional’s account based on the results of such reports.
- No Endorsement of Service Professionals
HookM does not endorse any User or Service Professional and HookM is not a part of any agreement or contract that may arise between Users from HookM platform. Likewise, any reference to a User’s license, certifications, qualifications, credentials, background check, or any badge or token denoting quality designations merely indicates only that the User has completed an account process or met User review standards, and nothing more. Any designation is not an endorsement, credential, or guarantee made by HookM as to the skill, license, insured, trustworthiness, safety, or suitability, nor a verification of the identity of any User. Users must always exercise care, responsibility, and due diligence when deciding to hire any Service Professional. HookM has no responsibility for any damage or harm resulting from your interactions with other Users.
- License to Use the Service
In exchange for your license to use the Service, you, the User, agree not to:
- Misrepresent yourself, misrepresent your qualifications, misrepresent your identity, use another person’s Account, or misrepresent any information in relation to a quote or service of a Project;
- Sell any user information
- Contact or engage with any User or third party to circumvent HookM or for work not specifically intended for the Service
- Offer or advertise any services or products not specifically intended or permitted by the Service
- Advertise without explicit authorization by HookM to do so,
- Act inappropriately or unlawfully, including posting inappropriate or unlawful Content or any User Content that may be considered harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates or promotes any criminal offense,
- Engage in deceptive, fraudulent, or illegal activity,
- Take actions that would or could interfere with the proper workings of the Service;
- Take any action that imposes an unreasonable load on our infrastructure, or on our Third Party Providers. (We reserve the right to determine what’s reasonable.);
- Run any form of auto-responder or “spam” on the services;
- Use manual or automated software, devices, or other processes to “crawl” or “spider” any of the Service’s software content;
- Harvest or scrape any content from the Services;
- Take apart or reverse engineer any aspect of the Service;
- Quotes and Payment
The Service uses a third-party provider, namely _____________, which has its own set of Terms & Conditions, to process all payment information. The Service takes no responsibility for problems arising out of use of _________. Payment provider may be updated from time to time with notice.
Service Professionals will provide quotes for a fee to Users upon request to scope a Project. These quotes may be included in the overall Project Budget or may be a separate fee. These quotes will be used to verify the Project scope and provide an accurate Project budget. Once the quote is complete, Service Provider will input the Project information and the User will complete full payment of the Project Budget through the HookM Service Platform. The payment of the Project Budget will be held until the Project is marked satisfactorily complete by the User, at which time the Project Budget will be released to the completing Service Professional.
- Disputes Between Users
We value all our Users and understand that disputes may occasionally arise between our Users. HookM aims to provide reasonable tools to resolve any such dispute independent of the Service. In such rare events where a dispute is unable to be resolved, User agrees to participate in good faith, and where reasonably able to do so, in a neutral mediation conducted by HookM or a neutral third party mediator or arbitrator selected by HookM. In any case, User agrees that HookM is under no obligation to provide resolution tools, involve itself, or impose resolution in any dispute between Users or any third party.
You understand and agree that any legal remedy or liability is limited to those particular users or third parties as relating to any acts or omissions of those Users or third-parties and you agree not to seek or impose any liability or legal remedy against HookM with respect to such actions or omissions.
- Confidentiality and Use of Information
You may provide or disclose certain information to or via the Service, including information you use to register and create an account, if applicable (collectively the “User Information”). User Information will be stored on Company’s servers. You consent to such storage and Company’s use of User Information.
You agree to provide accurate, current and complete information and to maintain and keep it accurate, current and complete at all times. You agree that Company and third-parties may rely on User Information as accurate, current and complete. If any information supplied by you is untrue, inaccurate, not current or incomplete in any respect, Company has the right to immediately terminate your use of the Service.
Company may examine User Information prior to, during or following receipt and, at its sole and absolute discretion, prevent, cease or reject transmission of inappropriate or otherwise inadequate or erroneous data. Company does not guarantee that User Information will be successfully transmitted to or received by Company. User Information or other data transmitted or distributed via the Service does not reflect the views of Company and Company does not warrant the validity, reliability, accuracy, legality, suitability or current nature thereof.
The Service and all information and content is provided solely for the User’s personal use and not for purposes of resale, distribution, public display or performance, or any other uses in any form or manner whatsoever that do not comply with this Agreement.
The Service may feature advertising from us or other companies. We make no representation or promise about any content, goods, or services these other companies provide, even if linked to or from the Service. The Service does not endorse any Service Professional or linked site. We are not liable for any claim relating to any content, goods and/or services of Service Professionals or third party advertisers.
We are not responsible for these other companies’ content, business practices or privacy policies, or for how they collect, use or share the information they get from you.
Upon termination of an account, Company will remove all respective User Information from Company servers. Company retains the right, in its sole and absolute discretion, to prohibit use of the Service by any user, account, IP address or device for any or reason.
To access and use certain features of the Service, you may be required to register and create a verified account. Company reserves the right to monitor and limit the technical aspects and features of the Service you may access and use, including without limitation, connection, metric, transfer and other parameters. Exceeding certain operational limits, as determined by Company in its sole and absolute discretion, may result in your account being restricted. Company reserves the right to charge for any aspect of the Service and revise applicable fees at any time.
- Intellectual Property
The Service is the sole owner of all of the Service’s content, except for third-party advertising and User Created Content, consisting of all content, including but not limited to profile information, descriptions, photographs, postings, Project requests, messages, or payments made through the Service, but excluding HookM Content.
HookM, at its sole discretion, may allow Users to upload User Created Content. By uploading any User Content to the Platform, User grants HookM a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license with the right to copy, adapt, modify, license, distribute, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content for any purpose and at HookM’s sole discretion. HookM will not use any information transmitted in private messages in public advertising.
User represents and warrants that: (a) you own all User Content that you provide to or through the Service or you have full rights and authority necessary to grant to HookM the contemplated rights in this Agreement and (b) that the User Content uploaded or transmitted through the Service infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Any controversy or claim arising out of or relating to this Agreement or the Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
- No Warranty
YOU USE THE HOOKM SERVICE, HIRE OTHER USERS (SERVICE PROFESSIONALS), OR USE THE USER CONTENT AT YOUR OWN RISK. HOOKM MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY, COMPLETENESS OR AVAILABILITY OF THE SERVICE NOR ANY PRODUCTS OR SERVICES OFFERED OR MADE AVAILABLE BY SERVICE PROFESSIONALS VIA THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE OR ANY SERVICE PROFESSIONALS PRODUCTS OR SERVICES REMAINS SOLELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
COMPANY DOES NOT REPRESENT OR WARRANT THAT:
- USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED, ERROR-FREE OR OPERATE WITH OTHER HARDWARE, APPLICATIONS, SYSTEMS OR DATA;
- ANY STORED DATA WILL BE ACCURATE OR RELIABLE;
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED VIA THE SERVICE WILL MEET REQUIREMENTS OR EXPECTATIONS;
- ERRORS IN THE SERVICE WILL BE CORRECTED; OR
- THE SERVICE, EQUIPMENT OR SERVER THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
USERS SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR AFFILIATES, PARENTS, SUBSIDIARIES, ANY RELATED COMPANIES, LICENSORS AND PARTNERS, AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, DIRECTORS, SUPPLIERS AND REPRESENTATIVES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, THAT ARISE FROM OR RELATE TO YOUR (OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY IN THE SERVICES) USE OR MISUSE OF, OR ACCESS TO, THE SERVICES, CONTENT, OR OTHERWISE FROM YOUR USER CONTENT, VIOLATION OF THESE TERMS OF SERVICE OR OF ANY LAW, OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
- Limitation of Liability
To the fullest extent permissible by law, the Service will not be liable to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Service or the use of or reliance upon any of the Service’s content.
We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
We exercise all reasonable skill and care to ensure that the Service is free from viruses and other malware. Other than that which cannot be restricted by law, we accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Service.
Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability that cannot be excluded or restricted by law.
IN NO EVENT WILL COMPANY BE LIABLE TO ANYONE FOR INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER LOSS OF ECONOMIC ADVANTAGE OR BENEFITS. COMPANY WILL NOT BE LIABLE FOR ANY LOSS, CLAIM, DAMAGES OR INJURIES WHICH MAY BE INCURRED DUE TO USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURIES ARISING OUT OF OR RELATING TO THE SERVICE, PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICE, USE OR INABILITY TO USE THE SERVICE, RELIANCE ON COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR INFORMATION CONTAINED WITHIN THE SERVICE OR RESULTING FROM ANY RELATIONSHIP WITH THIRD-PARTY SERVICES, PRODUCTS, ADVERTISERS OR SPONSORS, EVEN IF COMPANY OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Governing Law.
This Agreement and the relationship between you and the Service shall be governed by the laws of Louisiana without regard to its conflict of law provisions. Any claim brought pursuant to this Agreement shall first be subject to the remedies provision and then the arbitration provision.
- No Waiver of Rights.
Our failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. We reserve all of our rights at law and equity to proceed against anyone who uses the Service illegally or improperly. All determinations by the Service under this Agreement and exercise of its rights are made and done in our sole and absolute discretion.
- No Third Party Beneficiaries.
If you are not a party to this Agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This Agreement does not create any other third party beneficiary rights.
- Entire Agreement.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. This invalidity or unenforceability will not invalidate or render unenforceable any other portion of this agreement.
Cancellation and Reschedule Policy
A fishing adventurer may cancel their trip 14 or more days prior to the start of their fishing trip.
Cancellation within 14 days of the fishing trip will cause the customer to forfeit their deposit.
Cancellation within 24 hours of the fishing trip will result in the customer forfeiting the entire trip cost.
A charter owner may override this policy at their own discretion. Cancellations or reschedules initiated by the charter owners will incur a loss of deposit or trip fee.
A charter owner may initiate a trip cancellation at any time. A charter owner irritated cancellation will result in a full refund of fees already paid.
A fishing adventurer may reschedule their fishing trip at any time up to 24 hours before the scheduled trip.
The rescheduled trip must be the identical trip offered by the same charter company. All rescheduled trips are subject to availability.
If the upcoming trip is less than 24 hours from the scheduled departure, the customer may not reschedule and only has the option to cancel and forfeit the trip cost.
A charter owner may override this policy at their own discretion. Cancellations or reschedules initiated by the charter owners will incur a loss of deposit or trip fee.
A charter owner may initiate a reschedule request at any time. The fishing adventurer will have the opportunity to select a new date, subject to availability. If the customer does not wish to reschedule they may choose to cancel the trip and are subject to the above cancellation policy.
A charter owner may cancel a customer’s trip at any time.
Cancellation for any reason will initiate a full refund for the customer.
A charter owner may reschedule a customer’s fishing trip at any time.