Privacy Policy And Terms & Conditions

PRIVACY POLICY | TERMS & CONDITIONS

PRIVACY POLICY

By visiting LIFEHOOKY.COM, you are consenting to our PRIVACY POLICY.

Overview

House of Moxie, Inc. (“HOM”) is committed to protecting your privacy online. This Privacy Policy describes the personal information we collect through this website at www.lifehooky.com (the “Site”), and how we collect and use that information.

The terms “we”, “us” and “our” and “Life Hooky” refer to House of Moxie, Inc. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.

The term “personal information” is defined as information that you voluntarily provide to us which personally identifies you and/or your contact information, such as your name, phone number and email address.

Life Hooky facilitates exciting new cross-cultural experiences around the world by leading a group of travelers on trips to various countries (the “Service”).

Use of www.lifehooky.com, including all materials presented herein and all online services provided by HOM, is subject to the following Privacy Policy. This Privacy Policy applies to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to this Privacy Policy, without modification, and acknowledge reading it.

Information We Collect

Application & Registration.
We collect a variety of personal information with each application and registration. This includes:

  • Your name, address, email address, phone number and other personal information collected on the application. This information is shared with our e-commerce software providers to ensure completion of your order. We use your email to communicate with you about your order and to manage our customer relationship with you. When you place an order you may be added to our mailing list from which you can unsubscribe at any time using the unsubscribe link in each email or by contacting us at sayhello@www.lifehooky.com.
  • Your payment information. We collect payment information for each order but we do not store payment information on HOM servers. Your payment information is securely communicated to and processed via our e-commerce software providers.
  • All personal information collected for an order is used for the fulfillment of that order and to manage our customer relationship with you.
  • Activity. We may record information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the Site and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site.
  • Cookies. We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all.

How Your Information is Used

The information you provide is used to process transactions, send periodic emails and improve the service we provide. We do share your information with trusted third parties who assist us in operating our website, conducting our business and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with unrelated third parties.

Third Party Links

The Site may contain links to third party websites. Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you on our Site. Other sites accessible through our site via links or otherwise have their own policies in regard to privacy. We are not responsible for the privacy policies or practices of third parties.

Security

Security Measures. We maintain security measures to protect your personal information from unauthorized access, misuse or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.

Children

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into this Privacy Policy. Children under the age of 18 are prohibited from using the Site.

How to Update Your Information

If you opt-in to our mailing list, the option to unsubscribe and/or update your personal information will be included in every email. You may also access and correct your personal information and privacy preferences by contacting us with your request at sayhello@www.lifehooky.com.

Notification of Changes to this Policy

You acknowledge and agree that it is your responsibility to review this Site and this Policy periodically and to be aware of any modifications. Updates to this Policy will be posted on this page.

Contact

If you have questions about our Privacy Policy, please contact us via regular mail or email at:
Life Hooky c/o
House of Moxie, Inc.
427 N. Tatnall St #54602
Wilmington, DE 19801
sayhello@www.lifehooky.com
Updated: November 2013

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Life Hooky Terms + Conditions

By visiting LIFEHOOKY.COM, you are consenting to our TERMS AND CONDITIONS.

Overview

The terms “we”, “us”, “our” and “Life Hooky” refers to House of Moxie, Inc. The term the “Site” refers to www.lifehooky.com. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.

Life Hooky facilitates exciting new cross-cultural experiences around the world by leading a group of travelers on trips to various countries (the “Service”).

Use of www.lifehooky.com, including all materials presented herein and all online services provided by House of Moxie, Inc. (“HOM”), is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Use of the Site + Service

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site or purchasing the Service.

Information provided on the Site and in the Service are subject to change. HOM makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. HOM disclaims all liability for any inaccuracy, error or incompleteness in the Content.

Account Creation

In order to use the Service, you are required to complete an application providing various information about yourself including your name, email address and other personal information. You agree that any information you give to HOM on the application will always be accurate, correct and up to date. You must not impersonate someone else or provide account information, an email address or any other information that is not your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. HOM reserves the right to cancel your participation in the Service without refund, if you provide false information on the application.

Lawful Purposes

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

Refusal of Service

The Services are offered subject to our acceptance of your application. We reserve the right to refuse service to any person or entity, without the obligation to assign reason for doing so. No application is deemed accepted by us until written confirmation stating our acceptance is provided to you. Deposit payments will be refunded to any party who is denied Service. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your application.

Order Confirmation

We will email you to confirm the receipt of your application and deposit payment. We will email you again to confirm whether or not you have been accepted and are approved to receive the Service. In the event that there is an error in these email confirmations, it is your responsibility to inform us as soon as possible.

Payment Terms

  • All deposits are non-refundable. If your application is approved to receive the Service, no refund will be provided under any circumstances. If you are approved to receive the Service and unable to attend, deposit may be credited towards the cost of a future Life Hooky trip, subject to application approval.
  • Your Life Hooky registration is transferable up to 30 days prior to commencement of the trip. If you are approved to receive the Service and unable to attend, you can transfer your registration to another person. The transferee will be required to complete an application, which is subject to approval by HOM. HOM will not accept registration transfers within 30 days of the start date of a trip.
  • You will be required to pay the balance of all trip fees, submit a signed Participant’s Agreement, proof of travel insurance, a copy of your passport and a copy of your airline ticket in order to participate in the Service. HOM reserves the right to cancel your registration without refund if any of these items have not been provided to HOM 30 days prior to commencement of the trip.

Product Description

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. You acknowledge that the nature of travel requires flexibility and should allow for reasonable alterations to the Service, if necessary. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances or any other reason whatsoever.

Material You Submit to the Site

You shall not upload, post or otherwise make available on the Site or via email any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.

Intellectual Property Rights to Your Materials

We claim no intellectual property rights over the Materials you supply to HOM. You retain copyright and any other rights you may rightfully hold in any content which you submit through the Service. Content you submit to HOM, remains yours to the extent that you have any legal claims therein. Nothwithstanding the foregoing, you grant HOM a world wide, nonexclusive, irrevocable license to display the Materials you supply to HOM for business development and marketing purposes only. By submitting an order, you agree to hold HOM harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

Our Intellectual Property

The Site and Service contain intellectual property owned by HOM, including trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

Changed Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

Limitation of Liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, HOM is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if HOM has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall HOM’s cumulative liability to you exceed the total purchase price of the Service you have purchased from HOM, and if no purchase has been made by you HOM’s cumulative liability to you shall not exceed $100.

Third Party Resources

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with HOM. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement; Waiver

This Agreement constitutes the entire agreement between you and HOM pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by HOM shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by HOM.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Life Hooky c/o
House of Moxie, Inc.
427 N. Tatnall St #54602
Wilmington, DE 19801

Governing Law; Venue; Mediation

This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York as applied to contracts that are executed and performed entirely in New York. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be New York County, New York. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you, accept upon approval by HOM. Any transfer, assignment, delegation or sublicense by you is invalid.
Updated: November 2013