Terms of Service

Acceptance of These Terms of Service

Hopscotch (“Hopscotch,” “we,” “us,” or “our”), a Delaware limited liability company, provides our services (described below) and related content to you through our mobile applications and related technologies (collectively, including any updated or new features, functionality and technology, the “Service”). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using any aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes within the Service and will indicate the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the Terms screen within the app. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST HOPSCOTCH ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Your Privacy

At Hopscotch, we respect the privacy of our users. For more information please see our Privacy Policy. By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

Additional Terms

In addition, you may be subject to any additional terms that may be posted on or within the Service from time to time, such as community guidelines, which outline appropriate behavior and best practices for engaging with the platform, businesses, and other users. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Service Description

The Service is designed to provide a platform for users to discover restaurants and venues, follow places, collect digital punch cards and wallet cards, log visits at participating businesses, and exchange messages with other users and participating businesses.

Your Registration Obligations

You are required to register with Hopscotch in order to access and use certain features of the Service. If you choose to register for the Service, you must provide a valid cell phone number. We will send a verification code to your number and you will be required to enter that verification code to complete registration. You may not share the verification code with any other person, and you are responsible for otherwise ensuring the security of your account with Hopscotch. Registration data and all other information you provide in registering with the Service are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering.

General Practices Regarding Use and Storage

You acknowledge that Hopscotch may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Hopscotch's or its third-party service providers' servers on your behalf. You agree that Hopscotch has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Hopscotch reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Hopscotch reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Beta Features

Certain Service features, including the Service itself, may be offered while still in “beta” form (“Beta Features”). Hopscotch will utilize reasonable efforts to identify the Beta Features as “beta,” “pilot,” “limited release” or other similar designation. You may choose to try such Beta Features or not in your sole discretion. By accepting these Terms of Service or using any Beta Features, you understand and acknowledge that the Beta Features are being provided as a “beta” version. Notwithstanding anything to the contrary in these Terms of Service, your access and use of the Beta Features shall be on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind, and Hopscotch shall not have any liability of any kind with respect to your access and use of any Beta Features. The Beta Features may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA FEATURES.

Push Notifications and In-App Messages

The Service uses push notifications and in-app messages to communicate with you. Notifications may include transactional messages (such as visit confirmations, replies from businesses you message, security alerts, and changes to these Terms of Service) and optional informational or promotional messages from Hopscotch or participating businesses you follow. You can manage notification permission at any time in iOS Settings. Disabling push notifications may prevent you from receiving certain transactional messages that are necessary to use parts of the Service.

Location Services

The Service uses your device's location, with your permission, to surface nearby restaurants and venues, sort search results, and enable certain check-in features. You can grant, revoke, or change between approximate and precise location at any time in iOS Settings. Some features of the Service may be unavailable or degraded if location access is disabled.

Conditions of Access and Use

User Conduct

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Hopscotch, including by uploading, posting, publishing, or displaying via the Service or by messaging or otherwise making available to other users or businesses (collectively, “User Content”). Hopscotch has no liability for any User Content. Hopscotch reserves the right to investigate and take appropriate legal action against anyone who, in Hopscotch's sole discretion, violates these Terms of Service, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities.

Prohibited Conduct

Except as expressly authorized by Hopscotch in writing, you agree not to use the Service to: (a) upload or make available any content that infringes or violates any intellectual property right, publicity right, other proprietary right, or privacy right of any party; (b) upload content that you do not have a right to upload under any law or under contractual or fiduciary relationships; (c) upload content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (d) upload content that poses or creates a privacy or security risk to any person; (e) upload unsolicited or unauthorized advertising, promotional materials, commercial activities, sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (f) upload content that is illegal in the applicable jurisdiction; or (g) upload content that is harmful, threatening, false, misleading, fraudulent, abusive, exploitative, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, discriminatory, hateful, or otherwise objectionable.

Visit Logs and Rewards Integrity

Logging a visit creates a record associated with your account, the business, and an approximate time. Some visits may require scanning an NFC tag or QR code at the venue. You agree not to submit false visit logs, manipulate or attempt to circumvent rewards mechanics, or otherwise interfere with the punch cards, wallet cards, or loyalty programs offered through the Service. Digital punch cards, wallet cards, and rewards offered through Hopscotch are issued by the participating business and have no cash value. Punches, stamps, points, and redemptions are non-transferable and may be modified, suspended, or revoked by the issuing business at its discretion.

Additional Restrictions

You also agree not to: (a) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (b) violate any applicable local, state, national, or international law, or any regulations having the force of law; (c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) solicit personal information from anyone under the age of 18; (e) download or make any copies of any information about other users of the Service, except where such information is previously known to you or is publicly available, or use any such information to communicate with users of the Service outside the Service; (f) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; (g) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; (h) obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service; (i) circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections, platform restrictions, or geographic restrictions applicable to the Service; or (j) engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.

User Content Warranties

Additionally, when you create and/or make available any User Content, you represent and warrant that: (a) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your User Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party; (b) you are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and other users of the Service to use your User Content in any manner contemplated by the Service and these Terms of Service; and (c) you have the written consent, release, and/or permission of each and every identifiable individual person in your User Content to use the name or likeness of each and every such identifiable individual person.

Competitors

No employee, independent contractor, agent, or affiliate of any competing restaurant discovery, loyalty, or hospitality platform company is permitted to view, access, or use any portion of the Service without express written permission from Hopscotch. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Hopscotch or any of its affiliates, or acting on behalf of a competitor of Hopscotch in using or accessing the Service.

Commercial Use

Unless specifically authorized by Hopscotch in writing, you agree the Service is only for your personal use and you will not display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, grant access to, transfer, or otherwise use or exploit any portion of the Service for any commercial purposes or to promote or market any product or service (including products or services of Service users).

Business and Verified Business Accounts

Business Accounts

If you register a business account with Hopscotch, or are added as a member of a business account by an authorized representative of a participating business, you represent and warrant that (a) you are at least 18 years of age, (b) you have the authority to bind that business to these Terms of Service, and (c) you will use the business account only on behalf of and for the lawful operation of the business. Business accounts may be subject to additional terms presented to you at sign-up or within the Service.

Business Obligations

Businesses using Hopscotch agree to: (a) provide accurate and current information about the business, including hours, address, menu items, prices, accessibility, and contact information; (b) honor any digital punch cards, wallet cards, rewards, offers, or promotions that the business chooses to publish through the Service, in accordance with their stated terms; (c) comply with all applicable laws governing the operation of the business, including food safety, allergen labeling, alcohol service, sanitation, employment, tax, and consumer-protection laws; (d) respond to user messages in a professional manner and not use the Service to harass, deceive, or spam users; and (e) maintain reasonable security over business-account credentials and promptly remove access for staff who leave the business.

Independent Operators; No Joint Venture

Each participating business is an independent operator and is not an employee, agent, partner, joint venturer, or franchisee of Hopscotch. Hopscotch is not a party to any transaction, reservation, sale, rewards redemption, or other dealing between you and a business. Hopscotch makes no representation or warranty regarding any business or its goods or services, including their quality, fitness, safety, legality, or availability. Any dispute you have with a business must be resolved directly with that business; Hopscotch is not responsible for and assumes no liability for any business's acts or omissions, including a business's decision to modify, suspend, refuse, or terminate any reward, offer, or program.

Verified Business Designation

Hopscotch may from time to time apply a “verified” badge or similar designation to certain businesses. Verification reflects a limited operational check by Hopscotch and is not an endorsement, guarantee, or warranty of the business, its services, its compliance with law, or the accuracy of information it publishes. Hopscotch may add, modify, or remove verification status at any time in its sole discretion.

Mobile Services and Software

Mobile Services

The Service is provided via a mobile device and may include the ability to (i) upload content to the Service via a mobile device, (ii) browse the Service from a mobile device, and (iii) access certain features and content through the Hopscotch mobile application (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Mobile App License

Subject to these Terms of Service, Hopscotch hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Hopscotch mobile application on one mobile device and (b) use the application for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the application on another device on which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to in connection with downloading the application grants you the aforementioned rights in connection with the installation and use of the application on one device.

Ownership; Restrictions

The technology and software underlying the Service or distributed in connection therewith are the property of Hopscotch, its affiliates, and its licensors (including the mobile application, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Hopscotch.

Special Notice for International Use; Export Controls

Hopscotch is headquartered in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading, accessing, or using the Software or Services is at your sole risk.

Third-Party Distribution Channels

Hopscotch offers Software that may be made available through the Apple App Store or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.

Apple-Enabled Software

With respect to the Hopscotch mobile application made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service: (a) Hopscotch and you acknowledge that these Terms of Service are concluded between Hopscotch and you only, and not with Apple Inc. (“Apple”), and that as between Hopscotch and Apple, Hopscotch, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof; (b) you may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions; (c) your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions; (d) Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software; (e) Apple is not responsible for any product warranties, whether express or implied by law; (f) Hopscotch and you acknowledge that Hopscotch, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software; (g) in the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, Hopscotch, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim; (h) you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; (i) you must comply with applicable third-party terms of agreement when using the Apple-Enabled Software; and (j) Hopscotch and you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof. If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to Hopscotch at info@superherohospitality.com.

App Clip

Hopscotch provides a lightweight “App Clip” version of the Hopscotch experience to enable quick interactions, such as logging a visit by scanning an NFC tag or QR code at a participating business, without installing the full Hopscotch application. Your use of the App Clip is governed by these Terms of Service, including the Apple-Enabled Software provisions above, and by our Privacy Policy. Features available in the App Clip may be a subset of those available in the full Hopscotch application, and Hopscotch may modify or discontinue the App Clip at any time.

Intellectual Property Rights

Service Content

You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Hopscotch, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Trademarks

The Hopscotch name and logos are trademarks and service marks of Hopscotch (collectively the “Hopscotch Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Hopscotch. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Hopscotch Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Hopscotch Trademarks will inure to our exclusive benefit.

Third-Party Material

Under no circumstances will Hopscotch be liable in any way for any content or materials of any third parties (including users and participating businesses), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Hopscotch does not pre-screen content, but that Hopscotch and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Hopscotch and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Hopscotch, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content, including business hours, addresses, menus, photos, and other venue information.

User Content

You represent and warrant that you own all right, title, and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant Hopscotch and its affiliates, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service and the promotion, advertising, or marketing of the foregoing in any form, medium, or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality, and appropriateness of your User Content. You hereby authorize Hopscotch and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy. Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”) provided by you to Hopscotch are non-confidential and Hopscotch will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you. You acknowledge and agree that Hopscotch may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Hopscotch, its users, or the public.

Copyright Complaints

Hopscotch respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Hopscotch of your infringement claim by emailing info@superherohospitality.com with the subject line “DMCA Takedown Request.” To be effective, the notification must be in writing and contain the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed; (b) identification of the copyrighted work or other intellectual property that you claim has been infringed; (c) identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (f) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed. Hopscotch will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.

Counter-Notice

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice to info@superherohospitality.com containing: (a) your physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (c) a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and (d) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of any federal court located within the State of California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

Repeat Infringer Policy

In accordance with the DMCA and other applicable law, Hopscotch has adopted a policy of terminating, in appropriate circumstances and at Hopscotch's sole discretion, the accounts of users who are deemed to be repeat infringers. Hopscotch may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third-Party Services and Websites

The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”), including without limitation Google (for venue data and maps), Apple (for platform and notification services), and Firebase (for authentication, storage, and analytics). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, and we will use, store, and disclose such information in accordance with our Privacy Policy. Hopscotch has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Hopscotch, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Hopscotch enables these Third-Party Services merely as a convenience, and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service, including participating businesses, are between you and the third party. Hopscotch will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

Indemnification

To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Hopscotch, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Hopscotch Parties”) from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Hopscotch will provide notice to you of any such claim, suit, or proceeding. Hopscotch reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Hopscotch's defense of such matter. You may not settle or compromise any claim against the Hopscotch Parties without Hopscotch's written consent.

Venue Information; Food Safety and Allergens

Information shown in the Service about restaurants and venues — including hours, addresses, menus, prices, photos, accessibility, dietary tags, allergen information, and availability — is provided by participating businesses or sourced from third parties such as Google Places, and may be incomplete, out of date, or inaccurate. Hopscotch does not independently verify this information and makes no representation or warranty regarding its accuracy or completeness. You are solely responsible for confirming directly with the business any information that is important to you, including hours of operation, reservation requirements, age restrictions, alcohol policies, dress codes, accessibility, and the ingredients, preparation, allergen content, and nutritional content of any food or beverage. If you have a food allergy, intolerance, dietary restriction, or other health condition, you must contact the business directly to confirm whether its offerings are safe for you. Hopscotch is not a restaurant, food vendor, or healthcare provider, does not prepare, serve, sell, or inspect food or beverages, and is not responsible for any illness, allergic reaction, injury, property damage, or other harm arising out of food, beverages, or services provided by any business listed in the Service.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE HOPSCOTCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE HOPSCOTCH PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE HOPSCOTCH PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE HOPSCOTCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (E) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE HOPSCOTCH PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID HOPSCOTCH IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Hopscotch, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Hopscotch are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Prohibition of Class and Representative Actions

YOU AND HOPSCOTCH AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND HOPSCOTCH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

c. Pre-Arbitration Dispute Resolution

Hopscotch is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly and to your satisfaction by emailing info@superherohospitality.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to Hopscotch should be sent to info@superherohospitality.com. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Hopscotch and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Hopscotch may commence an arbitration proceeding.

d. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's (“AAA”) rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Unless Hopscotch and you agree otherwise, any arbitration hearings will take place in Los Angeles, California, or another reasonably convenient location agreed to by the parties. If your claim is for $10,000 or less, Hopscotch agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

e. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Hopscotch or you under the AAA Rules, Hopscotch and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Hopscotch will pay your portion of such fees.

f. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

g. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled “Prohibition of Class and Representative Actions” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection titled “Prohibition of Class and Representative Actions” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

h. Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary, Hopscotch agrees that if it makes any future change to this Arbitration Agreement while you are a user of the Service, you may reject any such change by sending Hopscotch written notice within thirty (30) calendar days of the change to info@superherohospitality.com. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination

You agree that Hopscotch, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Hopscotch believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. Hopscotch may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Hopscotch may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Hopscotch will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user or participating business in connection with the Service, and Hopscotch will have no liability or responsibility with respect thereto. Hopscotch reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user or participating business.

General

These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Hopscotch governing your access and use of the Service, and supersede any prior agreements between you and Hopscotch with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content, or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Hopscotch submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California. The failure of Hopscotch to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. You may not assign these Terms of Service without the prior written consent of Hopscotch, but Hopscotch may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Neither these Terms of Service nor any portion thereof will be construed against the drafter; lists following “include,” “includes,” or “including” are illustrative and not exhaustive. Notices to you may be made via either email, push notification, or in-app notice. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Hopscotch will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Hopscotch's reasonable control.

Injunctive Relief

You acknowledge that a breach of these Terms of Service related to confidential information or Hopscotch's intellectual property rights would cause Hopscotch irreparable harm for which the recovery of money damages would be inadequate. Accordingly, if you breach or threaten to breach these Terms of Service in a manner that affects Hopscotch's confidential information or intellectual property rights, Hopscotch will be entitled to seek injunctive or other equitable relief, without the need to post a bond or prove actual monetary damages, in addition to any and all remedies available at law or in equity.

U.S. Government Restricted Rights

The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).

Questions? Concerns? Suggestions?

Please contact us at info@superherohospitality.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.