TERMS OF SERVICE

These TERMS OF SERVICE (this “Agreement”) concern the TheHollisCo.com website(together with its pages and features, the “Site”) and all associated services described furtherbelow (the “Services”). This Agreement is made and entered into by and between you and anyperson helping you access or use the Site or the Services, whether as a guest or a registered user(collectively, “you” or “your”), on the one side, and The Hollis Company, LLC (“Hollis Co.”),on the other side. You and Hollis Co. are sometimes referred to herein each as a “Party”, andcollectively as the “Parties”. 


PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE AND/OR THESERVICES BECAUSE IT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND HOLLIS CO.THIS INCLUDES THE “DISPUTE RESOLUTION” CLAUSE CONTAINED IN THISAGREEMENT, WHICH PROVIDES FOR BINDING ARBITRATION AND WAIVERS OFJURY TRIALS AND CLASS ACTIONS. 


YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST RECENT VERSION OF THISAGREEMENT WHENEVER YOU ACCESS OR USE THE SITE OR THE SERVICES; AND YOUR CONTINUING ACCESSOR USE OF ANY OF THE FOREGOING REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE. 


IF YOU DO NOT ACCEPT AND AGREE TO THIS AGREEMENT IN ITS ENTIRETY, THEN YOU ARE STRICTLYPROHIBITED FROM ACCESSING OR USING THE SITE OR THE SERVICES. 


HOLLIS CO. MAY SUPPLEMENT, AMEND OR OTHERWISE MODIFY THIS AGREEMENT AT ANY TIME. SUCHMODIFICATIONS WILL BE POSTED ON THIS OR ANOTHER PAGE OF THE SITE, AS HOLLIS CO. DEEMSAPPROPRIATE IN ITS SOLE DISCRETION, AND SUCH MODIFICATIONS SHALL BE DEEMED EFFECTIVE AS OFTHEIR STATED EFFECTIVE OR MODIFICATION DATES. IT IS YOUR RESPONSIBILITY TO CAREFULLY REVIEWTHIS AGREEMENT EACH TIME YOU ACCESS OR USE THE SITE OR THE SERVICES.


1. Eligibility. 

The Site is offered only to users eighteen (18) years of age or older, or otherwisethe age of majority in each user’s respective jurisdiction, and who have accepted thisAgreement. By accessing or using the Site or the Services, you represent and warrant toHollis Co. that you meet these eligibility requirements. You agree to comply with allapplicable laws for accessing and using the Site or the Services.


2. Privacy. 

a. Privacy Policy. Hollis Co.’s policies concerning the collection and use of your personalinformation in connection with the Site are set forth in the Site’s Privacy Policy, whichyou should carefully review each time you access or use the Site or the Services. 

B. Express Consent to Video Materials and Services Information. YOU HEREBY EXPRESSLYCONSENT TO HOLLIS CO.’S DISCLOSURE TO ITS AFFILIATES AND OTHER THIRD PARTIES OFINFORMATION THAT IDENTIFIES YOU AS HAVING REQUESTED OR OBTAINED SPECIFIC VIDEOMATERIALS OR SERVICES FROM HOLLIS CO. BY GIVING SUCH CONSENT, YOU AGREE THAT NOSUCH DISCLOSURE SHALL VIOLATE THE VIDEO PRIVACY PROTECTION ACT OR ANY OTHERAPPLICABLE LAWS, RULES, OR REGULATIONS.


3. Description of Services. 

The following further describes a few of the various Servicesoffered or provided on or through the Site. Hollis Co. reserves the right, but not theobligation, to change or otherwise alter the operation, features, and content of the Services asHollis Co. sees fit in its sole discretion from time to time. 


a. Content Distribution Services; Event Advertising. The Services include Hollis Co.’spublication, distribution, or transmission of the various articles, messages, videos,podcasts, recordings, photos, images, graphics, software and other content owned orlicensed by Altitude on or through the Site, as well as event advertising and eventmarketing services. 

b. Instant Messaging. The Services include the use of an instant messaging feature poweredby a third-party vendor Tidio, and made available on or through the Site. You may onlyuse this instant messaging feature to communicate directly with Hollis Co. about the Site. 

c. Platform for Product Purchases. The Services include the provision of a platform thatallows you to purchase select products provided by Hollis Co. or third parties on orthrough the website (e.g., certain books, merchandise, and event tickets). 

d. Relationship. IN NO EVENT SHALL THIS AGREEMENT, THE PERFORMANCE OF A PARTY’SRIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT, THE SITE, A PARTY’S ACCESS OR USE OFTHE SITE OR THE SERVICES, OR A PARTY’S OFFERING, MARKETING, PROVISION,PERFORMANCE, ACCEPTANCE OR USE OF ANY PRODUCT OR SERVICE ON, THROUGH, OR INRELATION TO THE SITE CREATE ANY TYPE OF FIDUCIARY, FRANCHISE, AGENCY, EMPLOYMENT,INDEPENDENT CONTRACTOR, PARTNERSHIP, OR JOINT VENTURE RELATIONSHIP BETWEENHOLLIS CO., YOU OR ANY OTHER USER OF THE SITE. 

e. Parental Control. THE SERVICES MAY INCLUDE THE PUBLICATION, DISTRIBUTION ORTRANSMISSION OF CERTAIN CONTENT THAT MAY NOT BE SUITABLE FOR CHILDREN. SUCHCONTENT IS INTENDED ONLY FOR PERSONS WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE.HOLLIS CO. IS NOT RESPONSIBLE FOR POLICING, AND DOES NOT TRACK OR POLICE, THE AGE ORMATURITY OF ITS VIEWERS. THAT RESPONSIBILITY FALLS ON YOU OR THE PARENT OR LEGALGUARDIAN OF ANY CHILD WHO MAY VIEW SUCH CONTENT. IN OTHER WORDS, VIEWERDISCRETION IS ADVISED.


4. Your Devices. 

Certain portions of the Site may be configured for, and Hollis Co. may offerthe Site through, certain computers, tablets, smart phones or other electronic devices(“Device(s)”), and this Agreement shall apply with equal force and measure to your accessand use of the Site through such Devices. You are responsible for obtaining and updating theDevice, software, operating system, carrier and network access necessary to properly accessand use the Site. Hollis Co. does not guarantee that the Site or any portions thereof willfunction on or in connection with any particular Device, software, operating system, carrier,or network. If you access or use the Site through a particular Device, then you herebyacknowledge and agree that information about your use of the Site through that Device or itscarrier or network (such as, by way of example only, the identity of your Device, or yourDevice’s carrier or network) may be communicated to Hollis Co. and/or certain third parties(such as, by way of example only, your Device’s carrier or network). 

ALL OR ANY PART OFTHE VOICE, MESSAGE AND DATA FEES, RATES, CHARGES AND TAXES OF YOUR DEVICE’S CARRIEROR NETWORK, OR ANOTHER THIRD PARTY, MAY APPLY TO YOUR ACCESS OR USE OF THE SITE.HOLLIS CO. IS NOT RESPONSIBLE FOR, AND YOU FURTHER ACCEPT FULL RESPONSIBILITY FOR,ALL DEVICE CARRIER AND NETWORK FEES, RATES, CHARGES AND TAXES WHICH MAY APPLY, IFANY.


5. Ownership. 

The Site and all elements and derivatives of the Site (including, withoutlimitation, all content, information, source codes, object codes, data, instructions,documentation, and expressions), as well as all copyrights, trademarks, trade secrets, andother intellectual properties of the foregoing, are owned, licensed, or permissibly used byHollis Co. In no event shall you have or retain any rights, title, or interests in or to theforegoing other than those limited rights expressly granted to you under this Agreement. Norights or permissions granted to you under this Agreement are coupled with an interest.Nothing contained in this Agreement shall be construed as a waiver or limitation of HollisCo.’s or it's licensors’ respective rights and remedies under applicable law. For the avoidanceof doubt, this Agreement permits you to use the Site and the Services for your personal, non-commercial use only.


6. User Account. 

a. Registration. As explained further herein, to secure the right to access and use theregistration-only pages or features of the Site, you must register with and create apersonal user account with Hollis Co. through the Site (a “User Account”), as well asreaffirm your acceptance of and agreement to this Agreement and those additional terms,conditions and policies referenced herein, as Hollis Co. may require from time-to-time.As part of the registration process, you may be required to satisfy certain conditionsprecedent imposed by Hollis Co. (including, for example, providing additionalinformation to Hollis Co. and entering into additional agreements with Hollis Co.).Unless otherwise permitted by Hollis Co. in writing, you may only have one (1) non-transferable User Account.B. User Account Activity and Information. You are responsible for all activity that occursunder your User Account and are prohibited from authorizing or allowing any third partyto access or use your User Account. Accordingly, you should take all steps necessary toprotect and keep secret your User Account details and access information (including yourlogin name and password). You should also maintain accurate, complete, and up-to-dateinformation in your User Account (including, without limitation, maintaining a valid andcurrent payment method and email address) because your failure to do so may result inyour inability to access, use, or receive all or any part of the Site and/or Hollis Co.’stermination of this Agreement. For the sake of security, you must immediately notifyHollis Co. if you suspect that a third party has gained access to or is making any use ofyour User Account without authorization. For the avoidance of doubt, Hollis Co. has theunencumbered right to access and use, and to allow its agents, employees,representatives, contractors, and vendors to access and use, the information in your UserAccount to facilitate the exercise and performance of Hollis Co.’s rights and obligationsunder this Agreement (including, without limitation, the Services), the operation of theSite, and/or any other rights, obligations, operations, products, and services related to theSite, the Services, your User Account, or the subject matter of this Agreement (including,without limitation, payments, and communications).c. Indemnification in Connection with User Account. 


IF YOU FAIL TO COMPLY WITH ANYTERMS OR CONDITIONS OF SECTION 6(B) ABOVE (WHETHER INTENTIONALLY ORUNINTENTIONALLY), THEN YOU ACCEPT FULL RESPONSIBILITY FOR THE CONSEQUENCESTHEREOF (INCLUDING, WITHOUT LIMITATION, ANY UNAUTHORIZED CHARGES AND PAYMENTS,ANY UNAUTHORIZED CHANGES TO YOUR USER ACCOUNT INFORMATION AND SETTINGS, ANDANY UNAUTHORIZED ACCESS OR USE OF YOUR USER ACCOUNT); AND YOU AGREE TOINDEMNIFY, RELEASE, AND HOLD HARMLESS HOLLIS CO., HOLLIS CO.’S PARENTS,SUBSIDIARIES, AND OTHER AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS,MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, TRUSTEES,ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS, AND LICENSEES FROM AND AGAINST ANYAND ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS, JUDGMENTS, LOSSES, DAMAGES,FINES, PENALTIES, AND EXPENSES (INCLUDING COSTS AND REASONABLE OUTSIDE ATTORNEYFEES) INCURRED BY OR ASSERTED AGAINST ANY SUCH INDEMNITEES, ARISING OUT OF OR INCONNECTION WITH YOUR FAILURE TO COMPLY WITH SUCH TERMS OR CONDITIONS.


7. Rights, Permissions, and Consents. 

a. License of the Site. Subject to the terms and conditions of this Agreement, Hollis Co.grants you a limited, non-exclusive, personal, freely-revocable, non-transferable, andnon-sub-licensable license to access and view the various publicly displayed pages of theSite, and to view the information and content found thereon. You must not access or usefor any commercial purposes any part of the Site or any services or materials (including,without limitation, the Services) available on or through the Site. Your unauthorized useof the Site, or any breach by you of this Agreement, automatically terminates this license. 


b. License of User Materials. All names, videos, photographs, information, statements,communications, and any other content that you submit to or publish on, through, or inrelation to the Site, including those which you submit to or publish on any online socialmedia account (e.g., Facebook, Twitter, Instagram) that you own and link or otherwiseassociate with the Site, if any and as applicable, is hereinafter defined as the “UserMaterials”. You hereby grant Hollis Co. an irrevocable, non-exclusive, royalty-free,fully-paid, transferable, sub-licensable, perpetual, and universe-wide license for HollisCo. to host, store, reproduce, transmit, distribute, sell, resell, license, sublicense, market,modify, adapt, create derivative works, communicate, publish, syndicate, publiclyperform, publicly display, archive, and otherwise use and exploit all or any part of suchUser Materials and any elements and derivatives thereof in any language, manner,medium, or form, whether now known or hereinafter devised, as Hollis Co. sees fit in itssole discretion. 


c. Reservation of Rights. Nothing in this Agreement restricts or limits Hollis Co.’s rights,title, or interests in or to the Site, the Services, the User Materials, or any elements orderivatives of the foregoing. 


D. Warnings; Disclaimers. PLEASE NOTE THAT THE USER MATERIALS MIGHT BECOME THESUBJECT OF PUBLIC DISCLOSURE. THUS, HOLLIS CO. IS NOT RESPONSIBLE FOR, ANDEXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM OR IN CONNECTION WITH, ITS USE OFANY USER MATERIALS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THISAGREEMENT.


7. Rights, Permissions, and Consents. 

a. License of the Site. Subject to the terms and conditions of this Agreement, Hollis Co.grants you a limited, non-exclusive, personal, freely-revocable, non-transferable, and non-sub-licensable license to access and view the various publicly displayed pages of theSite, and to view the information and content found thereon. You must not access or use for any commercial purposes any part of the Site or any services or materials (including, without limitation, the Services) available on or through the Site. Your unauthorized use of the Site, or any breach by you of this Agreement, automatically terminates this license. 


b. License of User Materials. All names, videos, photographs, information, statements, communications, and any other content that you submit to or publish on, through, or in relation to the Site, including those which you submit to or publish on any online social media account (e.g., Facebook, Twitter, Instagram) that you own and link or other wise associate with the Site, if any and as applicable, is hereinafter defined as the “UserMaterials”. You hereby grant Hollis Co. an irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual, and universe-wide license for HollisCo. to host, store, reproduce, transmit, distribute, sell, resell, license, sublicense, market ,modify, adapt, create derivative works, communicate, publish, syndicate, publicly perform, publicly display, archive, and otherwise use and exploit all or any part of suchUser Materials and any elements and derivatives thereof in any language, manner ,medium, or form, whether now known or hereinafter devised, as Hollis Co. sees fit in its sole discretion. 


c. Reservation of Rights. Nothing in this Agreement restricts or limits Hollis Co.’s rights, title, or interests in or to the Site, the Services, the User Materials, or any elements or derivatives of the foregoing. 


D. Warnings; Disclaimers. PLEASE NOTE THAT THE USER MATERIALS MIGHT BECOME THE SUBJECT OF PUBLIC DISCLOSURE. THUS, HOLLIS CO. IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM OR IN CONNECTION WITH, ITS USE OFANY USER MATERIALS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.


8. Suspension or Termination of Service; Disclaimer. 

Hollis Co. has the right, but not theobligation, to suspend or terminate the function or existence of all or any part of the Site.HOLLIS CO. SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGETHAT IS CAUSED BY OR ARISES FROM OR IN CONNECTION WITH ANY SUCH SUSPENSION ORTERMINATION (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, REFUNDS,LOST PROFITS, LOST OPPORTUNITIES, MONETARY DAMAGES, DISRUPTION IN OR LOSS OFSERVICE, OR LOSS OF CONTENT).


9. Products and Services. 

Hollis Co. or its affiliates or licensees might offer, sell, license, orotherwise make available various products or services (which may include Hollis Co.’s ownproducts and services or the products and services of third parties) on, through, or in relationto the Site, some of which might only be made available to you upon completion andsubmission of an online form or other instructions provided to you by Hollis Co. or whichmay be available exclusively online or in limited quantities on or through the Site. Hollis Co.has the right to refuse its products and services to you or to any geographic region orjurisdiction, including if it suspects that you are in any way involved in fraudulent or illegalactivity and may contact your payment method issuer, law enforcement, or others and shareinformation relating to your payments, as applicable, if Hollis Co. believes doing so willprevent a violation of the law or financial loss. Prices for, and descriptions of, any productsor services offered on or through the Site are subject to change without notice and in the solediscretion of Hollis Co. Hollis Co. reserves the right to discontinue any product or service atany time.


10. Payments; Transactions. 

a. Sales Transactions. Sales transactions conducted on or through the Site will take placethrough a third-party online shopping cart system (the “Shopping Cart”) and will besubject any additional terms and conditions of the third-party vendor hosting theShopping Cart (whether hosted through the e-commerce platform Shopify, Inc. or anotherthird-party vendor). Once you proceed to “check-out” or the like, you will be able toreview your order, update quantities, remove items, and enter promotional codes, if any,as applicable.b. Cancellation of Transactions. Hollis Co. reserves the right to refuse any order you place.Hollis Co. may, in its sole discretion, limit or cancel quantities purchased per person, perhousehold, or per order. These restrictions may include orders placed by or under thesame User Account, the same credit card, and/or orders that use the same billing and/orshipping address. In the event that Hollis Co. makes a change to or cancels any of yourorders, Hollis Co. may attempt to notify you by contacting the billing address, phonenumber, or email provided at the time the order was placed. Hollis Co. further reservesthe right to limit or prohibit orders that, in Hollis Co.’s sole discretion, appear to beplaced by dealers, resellers, or distributors.c. Payment Authorization. If you provide Hollis Co. with your payment information, thenyou authorize Hollis Co. to do the following as Hollis Co. deems necessary, althoughHollis Co. has no obligation to do so: (i) share your payment information with its third-party payment processing vendor(s); (ii) obtain your updated payment information fromyour payment issuer and/or Hollis Co.’s third-party payment processing vendor(s); and(iii) use your payment information to charge payments that accrued under your accountswith Hollis Co. in accordance with this Agreement.d. Payment Obligations. You agree that you are responsible for the payment of all amountsthat accrue under your account(s) with Hollis Co., the Site, or in relation to theperformance of the Services, if any.e. Waiver of Claims in Connection with Unauthorized Payments. TO THE FULLEST EXTENTPERMITTED BY LAW, YOU AGREE TO WAIVE ALL CLAIMS AGAINST HOLLIS CO. AND ITSAFFILIATES RELATED TO ANY UNAUTHORIZED PAYMENTS MADE ON, THROUGH, OR INRELATION TO YOUR ACCOUNT(S) WITH HOLLIS CO., HOLLIS CO.’S THIRD-PARTY SELLERS ANDPAYMENT PROCESSING VENDOR(S), ANY OTHER THIRD-PARTY PROVIDERS, OR ANY OTHERPERSON OR ENTITY, REGARDLESS OF WHETHER THEY ARE AUTHORIZED OR UNAUTHORIZED.f. Limited Refunds. All payments of any amounts made on, through, or regarding the Siteor any products or services offered, marketed, sold or provided on, through, or in relationto the Site (including, without limitation, the Services) are final, irrevocable, and notsubject to or eligible for refund or return, in whole or in part, unless otherwise expresslystated in this Agreement or as provided in the Site’s Refund Policy.


11. Electronic Communications.

a. Express Consent. YOU HEREBY EXPRESSLY CONSENT TO HOLLIS CO., ITS AFFILIATES, ANDANY OF THEIR RESPECTIVE VENDORS SENDING YOU ANY TYPE OF ELECTRONIC MESSAGE(INCLUDING, WITHOUT LIMITATION, ADVERTISEMENTS AND OTHER COMMERCIAL E-MAILS,INFORMATIONAL E-MAILS, AND ELECTRONIC NOTICES, UPDATES, AND NEWSLETTERS),WHETHER THROUGH THE SITE OR BY E-MAIL, ONLINE SOCIAL MEDIA, OR ANY OTHERELECTRONIC MEDIA MEANS OR FORMS. BY GIVING SUCH CONSENT, YOU AGREE THAT NOSUCH COMMUNICATION SHALL VIOLATE THE CAN-SPAM ACT OR ANY OTHER APPLICABLELAWS, RULES, OR REGULATIONS. VOICE, MESSAGE, AND DATA FEES, RATES, CHARGES,AND/OR TAXES MAY APPLY TO YOU, AND YOU ARE RESPONSIBLE FOR PAYMENT OF THE SAME.b. Opt-Out. You may opt-out of receiving any electronic messages from Hollis Co. asdescribed in Section 11(a) above at any time by any reasonable means, including, withoutlimitation and by way of example, by sending an e-mail to hello@thehollisco.com with asubject line of “Opt-Out of Electronic Communications”. You acknowledge that optingout of receiving any such communications may impact your receipt, the success, and/orthe performance of all or any part of the Site and/or your ability to receive certainmessages or notifications from Hollis Co.


12. Submissions. 

Hollis Co. does not accept unsolicited materials or ideas for content. Youacknowledge and agree that neither Hollis Co., nor any of Hollis Co.’s parents, subsidiaries,or other affiliates, nor any of their respective officers, directors, managers, owners, partners,agents, employees, representatives, trustees, assigns, transferees, contractors, vendors, orlicensees are responsible or liable to you for the similarity of any information or contentsubmitted, published, provided, or made available by you on, through, or in relation to theSite or the Services.


13. Prohibited Activities. 

You shall not engage in any of the following activities at any timewith respect to the Site: (a) the impersonation of any person or entity; (b) any act thatinfringes or otherwise violates the intellectual property, privacy, or publicity rights of anyperson or entity (including, without limitation, the copyrights, trademarks, patents, and tradesecrets held by Hollis Co. or its licensors with respect to the Site); (c) the reproduction of theSite or any communications, information or content found thereon or therein, in whole or inpart, or the creation of any derivative works of the foregoing (unless expressly authorized byHollis Co. herein); (d) the publication of any content that is objectionable or illegal(including, without limitation, content that is indecent, obscene, infringing, an invasion ofprivacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent,threatening, or abusive); (e) the publication of a person’s or entity’s personal information orprivate facts without his/her/its prior written consent; (f) the publication of any machine,computer, or randomly generated content; (g) supplying or publishing any information orstatements on, through, or in relation to the Site that is false, misleading, deceptive, orincorrect; (h) any act intended or designed to drive traffic to or boost the search rankings ofthird-party websites, networks, platforms, servers, or applications; (i) the systematic retrievalor copying of any information or content found on, through, or in relation to the Site or itsservers to directly or indirectly create or compile, in whole or in part, a collection,compilation, database, or directory; (j) the use of any software, program, process, device,application, or routine (including, by way of example only, robots, scrapers, spiders, viruses,spyware, and malware) to monitor, copy, disrupt, damage, injure, interfere with orimpermissibly access, in whole or in part, the Site or its servers; (k) any act that involves orconcerns decrypting, security bypassing or circumventing, hacking, data mining, datascraping, data harvesting, reverse engineering, decompiling, disassembling, attempting toderive source code, modifying, copying or the like on, through, or in relation to the Site or itsservers; (l) any act that overloads, unreasonably disrupts, or unreasonably interferes with theinfrastructure of the Site or its servers; (m) any act that gains or attempts to gain unauthorizedaccess to computer systems, networks, information, or materials on, through, or in relation tothe Site or its servers; or (n) any other act that Hollis Co. becomes aware of and believes ingood faith is improper, illegal, or harmful to the Site, its servers, or any person, entity, orproperty.


14. Links to Other 

Sites, Apps, Networks, Platforms and Servers.a. Linked Technologies. The Site, or any communications sent on, through, or as a functionof the Site, may contain links to third-party websites, networks, platforms, servers, orapplications, and, similarly, third-party websites, networks, platforms, servers,applications, or communications may contain links to the Site (collectively, “LinkedTechnologies”). The Linked Technologies are not under the control of Hollis Co. TheSite and any such communications contain the outgoing links as a convenience to you, iffor any purpose.b. Disclaimer About Linked Technologies. HOLLIS CO. IS NOT RESPONSIBLE FOR ANYINFORMATION, CONTENT, GOODS, SERVICES, PROMOTIONS, ADVERTISEMENTS, PROGRAMS,CODES, OR OTHER ITEMS WHICH MAY BE FOUND ON OR EXCLUDED FROM THE LINKEDTECHNOLOGIES (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY,MALICIOUS SOFTWARE, SPYWARE PROGRAMS, INACCURATE INFORMATION, AND ILLEGALCONTENT). HOLLIS CO. DOES NOT MAKE, NOR HAS HOLLIS CO. MADE, ANY REPRESENTATIONSOR WARRANTIES (WHETHER EXPRESS, IMPLIED, OR OTHERWISE) CONCERNING THE TERMS OFUSE OR SERVICE, PRIVACY POLICIES, AGREEMENTS, INFORMATION, CONTENT, GOODS,SERVICES, PROMOTIONS, ADVERTISEMENTS, PROGRAMS, CODES, OR OTHER ITEMS WHICHMAY BE FOUND ON OR EXCLUDED FROM THE LINKED TECHNOLOGIES; NOR SHALL THE FACTTHAT THE SITE MAY LINK TO OR FROM ANY LINKED TECHNOLOGIES CONSTITUTE ANAFFILIATION WITH, ASSOCIATION WITH, OR ENDORSEMENT OF SUCH LINKED TECHNOLOGIESOR ANY INFORMATION, CONTENT, GOODS, SERVICES, PROMOTIONS, ADVERTISEMENTS,PROGRAMS, CODES, OR OTHER ITEMS WHICH MAY BE FOUND ON OR EXCLUDED FROM SUCHLINKED TECHNOLOGIES. IF YOU DECIDE TO ACCESS ANY LINKED TECHNOLOGIES, THEN YOUDO SO AT YOUR OWN RISK.


15. Take Down. 

Hollis Co. reserves the right, but not the obligation, to take down or otherwiseexclude from the Site, without notice or recourse, any communications, statements, names,photographs, information, and/or content made or submitted by you or others on or throughthe Site that Hollis Co. believes, at any time and in its sole discretion, to be infringing orotherwise in violation of the proprietary rights, the right of privacy, or the right of publicityof any person or entity; defamatory, disparaging, or embarrassing of or towards any person orentity; profane, indecent or obscene; derogatory in terms of race, nationality, religion,gender, gender identification, sexual orientation or otherwise; threatening; abusive; false,misleading or deceptive; or otherwise illegal or something that Hollis Co. considersunsuitable for the Site or its users.


16. User Representations, Warranties, and Covenants. 

You represent, warrant and covenant toHollis Co. that: (a) you are a natural person and of eighteen (18) years of age or older, orotherwise the age of majority in your jurisdiction; (b) you have read and understand thisAgreement in its entirety; (c) you have the full right and authority to enter into and abide bythe terms and conditions of this Agreement; (d) you understand and acknowledge that, byaccepting this Agreement, you are giving up certain legal rights and remedies; (e) youvoluntarily accept and agree to, and will fully comply with, the terms and conditions of thisAgreement; (f) you will not violate any applicable international, federal, state, or local lawswhich may concern the Site, the Site’s servers or any information, communications, orcontent found on or through them; (g) you are the exclusive owner of all rights, title, andinterests in and to the User Materials (including, without limitation, all copyrights,trademarks, patents, trade secrets, rights of publicity, and rights of privacy) and/or, ifapplicable, have secured all necessary rights and permissions from all subjects depicted in,and all persons and entities who contributed to, the User Materials to allow for yourperformance and grant of rights hereunder; (h) the User Materials are wholly original to you;(i) the User Materials do not and will not infringe upon or otherwise violate the proprietary,publicity, or privacy rights of any person or entity; (j) the User Materials do not and will notdefame, disparage, embarrass, or disclose confidential, private, or personal information aboutor belonging to any person or entity; (k) nothing contained in the User Materials is or will be,or contains or will contain, links to material that is profane, indecent, obscene, threatening,abusive, illegal, false, misleading or any form of spam, malware, virus, bug, bot, spyware, orother malicious or tracking technology; (l) Hollis Co. is not required to seek the permissionof or compensate any third party to exercise any of the rights granted by you under thisAgreement; (m) no obligation, disability, agreement, or adverse claim exists that may restrictyour performance or grant of rights hereunder; (n) all information you provide to Hollis Co.in connection with your access or use of the Site and/or the Services is truthful and accurate;and (o) you are not listed on any United States government list of prohibited or restrictedparties.


16. User Representations, Warranties, and Covenants. 

You represent, warrant and covenant toHollis Co. that: (a) you are a natural person and of eighteen (18) years of age or older, or otherwise the age of majority in your jurisdiction; (b) you have read and understand thisAgreement in its entirety; (c) you have the full right and authority to enter into and abide by the terms and conditions of this Agreement; (d) you understand and acknowledge that, by accepting this Agreement, you are giving up certain legal rights and remedies; (e) you voluntarily accept and agree to, and will fully comply with, the terms and conditions of thisAgreement; (f) you will not violate any applicable international, federal, state, or local laws which may concern the Site, the Site’s servers or any information, communications, or content found on or through them; (g) you are the exclusive owner of all rights, title, and interests in and to the User Materials (including, without limitation, all copyrights, trademarks, patents, trade secrets, rights of publicity, and rights of privacy) and/or, if applicable, have secured all necessary rights and permissions from all subjects depicted in,and all persons and entities who contributed to, the User Materials to allow for your performance and grant of rights hereunder; (h) the User Materials are wholly original to you;(i) the User Materials do not and will not infringe upon or otherwise violate the proprietary, publicity, or privacy rights of any person or entity; (j) the User Materials do not and will notdefame, disparage, embarrass, or disclose confidential, private, or personal information about or belonging to any person or entity; (k) nothing contained in the User Materials is or will be, or contains or will contain, links to material that is profane, indecent, obscene, threatening ,abusive, illegal, false, misleading or any form of spam, malware, virus, bug, bot, spyware, or other malicious or tracking technology; (l) Hollis Co. is not required to seek the permission of or compensate any third party to exercise any of the rights granted by you under thisAgreement; (m) no obligation, disability, agreement, or adverse claim exists that may restrict your performance or grant of rights hereunder; (n) all information you provide to Hollis Co.in connection with your access or use of the Site and/or the Services is truthful and accurate; and (o) you are not listed on any United States government list of prohibited or restricted parties.


17. Disclaimers and Limitations.A. General Disclaimer. 

YOUR ACCESS OR USE OF THE SITE OR ANY PRODUCTS OR SERVICESMADE AVAILABLE TO YOU ON, THROUGH, OR IN RELATION TO THE SITE (INCLUDING,WITHOUT LIMITATION, THE SERVICES) IN ANY WAY IS DONE AT YOUR OWN RISK. THE SITE,THOSE PRODUCTS AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE SERVICES), THESUCCESS OR PERFORMANCE OF THE SITE OR THOSE PRODUCTS AND SERVICES (INCLUDING,WITHOUT LIMITATION, THE SERVICES) AND ALL INFORMATION, COMMUNICATIONS, CONTENTAND FEATURES OFFERED, MARKETED, SOLD, PROVIDED, LICENSED OR MADE AVAILABLE ON,THROUGH, OR IN RELATION TO THE SITE OR THOSE PRODUCTS AND SERVICES (INCLUDING,WITHOUT LIMITATION, THE SERVICES) ARE PROVIDED TO YOU ON AN “AS IS”, “WHERE IS”, “ASAVAILABLE”, AND “WITH ALL FAULTS” BASIS AND WITHOUT ANY WARRANTY. HOLLIS CO.DOES NOT MAKE, NOR HAS HOLLIS CO. MADE, ANY REPRESENTATIONS OR WARRANTIES OFANY KIND OR NATURE (WHETHER DIRECT OR INDIRECT, ORAL OR WRITTEN, OR EXPRESS ORIMPLIED) TO YOU WITH RESPECT TO THE SITE, ANY OF THOSE PRODUCTS AND SERVICES(INCLUDING, WITHOUT LIMITATION, THE SERVICES), ANY SUCH INFORMATION,COMMUNICATIONS, CONTENT, AND FEATURES OR THEIR SUCCESS, PERFORMANCE,FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY, ORSAFETY. HOLLIS CO. EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS WARRANTIES, IMPLIEDWARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD FAITH AND FAIR DEALING,TITLE, NON-INFRINGEMENT, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS,ACCURACY, RELIABILITY, AND SAFETY) AND WARRANTIES ARISING FROM CONDUCT, COURSEOF DEALING, CUSTOM AND USAGE IN TRADE WITH RESPECT TO THE SITE, THOSE PRODUCTSAND SERVICES (INCLUDING, WITHOUT LIMITATION, THE SERVICES), ANY SUCH INFORMATION,COMMUNICATIONS, CONTENT OR FEATURES AND THEIR SUCCESS, PERFORMANCE,FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY, ANDSAFETY. HOLLIS CO. DOES NOT MAKE, NOR HAS HOLLIS CO. MADE, ANY AFFIRMATION OFFACT, PROMISE OR WARRANTY (WHETHER EXPRESS, IMPLIED OR OTHERWISE) RELATING TOTHE SITE, THOSE PRODUCTS AND SERVICES (INCLUDING, WITHOUT LIMITATION, THESERVICES), OR ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT, OR FEATURES OR ITSSUCCESS, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY,RELIABILITY, MARKETABILITY, OR SAFETY THAT EXTENDS BEYOND THE FACE OF THISAGREEMENT OR THAT HAS BECOME ANY BASIS OF ANY BARGAIN.b. Disclaimer About System Delays. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SITEMAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OFTHIRD-PARTY COMMUNICATION NETWORKS AND FACILITIES THAT ARE OUTSIDE OF HOLLISCO.’S CONTROL. ACCORDINGLY, HOLLIS CO. SHALL NOT BE RESPONSIBLE FOR, ANDEXPRESSLY DISCLAIMS, ANY DELAYS, FAILURES, LOSSES, INJURIES, LIABILITIES OR DAMAGESASSOCIATED WITH THE SITE WHICH RESULT FROM ANY SYSTEM DELAYS, DOWNTIMES,INTERRUPTIONS, OR OTHER FAILURES OF, OR PROBLEMS WITH, THE SITE WHICH AREOUTSIDE OF HOLLIS CO.’S CONTROL (INCLUDING, WITHOUT LIMITATION, SCHEDULEDMAINTENANCE OR NETWORK FAILURE).C. Disclaimer About Certain Information, Communications and Content. ANY OPINIONS,ADVICE, REVIEWS, STATEMENTS, OFFERS, OR OTHER INFORMATION, COMMUNICATIONS ORCONTENT FOUND ON, THROUGH OR IN RELATION TO HOLLIS CO., THE SITE, THE SERVICES, ORANY THIRD-PARTY PROVIDERS (INCLUDING, WITHOUT LIMITATION, ONLINE FORUMS, OTHERWEBSITES, ADVERTISEMENTS, AND SOCIAL MEDIA PAGES) ARE THOSE OF THEIR RESPECTIVEAUTHORS, AND NOT NECESSARILY THOSE OF HOLLIS CO.; THUS, THEY SHOULD NOTNECESSARILY BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR THEACCURACY OF SUCH INFORMATION, COMMUNICATIONS, OR CONTENT. HOLLIS CO. DOES NOTGUARANTEE, ADOPT OR ENDORSE THE ACCURACY, COMPLETENESS, RELIABILITY, ORUSEFULNESS OF ANY SUCH INFORMATION, COMMUNICATIONS, OR CONTENT, EVEN IF HOLLISCO. IS THE AUTHOR. HOLLIS CO. IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS,RELIABILITY OR USEFULNESS OF ANY SUCH INFORMATION, COMMUNICATIONS OR CONTENT.UNDER NO CIRCUMSTANCES SHALL HOLLIS CO. BE LIABLE TO YOU OR ANY THIRD PARTIESFOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM OR IN CONNECTION WITH YOURRELIANCE ON ANY SUCH INFORMATION, COMMUNICATIONS, OR CONTENT.D. Limitation of Liability. IN NO EVENT SHALL HOLLIS CO., ANY OF HOLLIS CO.’S PARENTS,SUBSIDIARIES, OR OTHER AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS,MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, TRUSTEES,ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS, OR LICENSEES BE HELD LIABLE TO (OR BEOBLIGATED TO INDEMNIFY) YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE,OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LEGAL COSTS, ATTORNEY FEES,LOST PROFITS, REPLACEMENT COSTS, OR REPAIR COSTS) CAUSED BY OR ARISING FROM ORIN CONNECTION WITH: (I) YOUR ACCESS OR USE OF THE SITE, OR YOUR INABILITY TO ACCESSOR USE THE SITE OR THE SERVICES; (II) ANY PRODUCTS OR SERVICES (INCLUDING, WITHOUTLIMITATION, THE SERVICES) MADE AVAILABLE ON, THROUGH, OR IN RELATION TO THE SITE; (III)ANY STATEMENTS, CONTENT, OR CONDUCT OF ANY THIRD PARTY ON, THROUGH OR INRELATION TO THE SITE OR ANY SUCH PRODUCTS OR SERVICES (INCLUDING, WITHOUTLIMITATION, THE SERVICES); (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOURPERSONAL INFORMATION; (V) ANY HACKING, DENIAL OF SERVICE ATTACKS, DATA SECURITYBREACHES OR OTHER THIRD-PARTY CONDUCT THAT MAY LEAD TO A COMPROMISE OF YOURPERSONAL INFORMATION OR DAMAGE TO YOUR DEVICE(S), SOFTWARE, OPERATINGSYSTEM(S), FILE(S), CARRIER(S) OR NETWORK(S); (VI) ANY TRANSMISSION, DOWNLOAD ORINFECTION OF ANY SOFTWARE, SYSTEM, PROGRAM, FILE, PROCESS, DEVICE, APPLICATION ORROUTINE (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, ROBOTS,SCRAPERS, SPIDERS, VIRUSES, SPYWARE AND MALWARE) THAT MAY LEAD TO A COMPROMISEOF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR DEVICE(S), SOFTWARE, OPERATINGSYSTEM(S), FILE(S), CARRIER(S), OR NETWORK(S); (VII) THE FACT THAT YOU HAVE RELIED ONANY INFORMATION, CONTENT OR COMMUNICATIONS PUBLISHED ON, THROUGH OR INRELATION TO THE SITE OR ANY SUCH PRODUCTS OR SERVICES (INCLUDING, WITHOUTLIMITATION, THE SERVICES); OR (VIII) ANY ACTS, ERRORS OR OMISSIONS OF ANY THIRD-PARTYPROVIDERS. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY PRODUCTS OR SERVICESOFFERED (INCLUDING, WITHOUT LIMITATION, THE SERVICES), SOLD, LICENSED, OR MADEAVAILABLE ON, THROUGH, OR IN RELATION TO THE SITE, THEN YOUR SOLE AND EXCLUSIVEREMEDY IS TO DISCONTINUE YOUR ACCESS AND USE OF THE SITE AND SUCH PRODUCTS ANDSERVICES (INCLUDING, WITHOUT LIMITATION, THE SERVICES).e. Limitation of Remedies. IF HOLLIS CO. BREACHES OR OTHERWISE VIOLATES THISAGREEMENT, THEN IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL,INCIDENTAL, CONSEQUENTIAL, SPECULATIVE, EXEMPLARY, OR PUNITIVE DAMAGES ARISINGOUT OF OR IN RELATION TO SUCH BREACH OR OTHER VIOLATION, EVEN IF HOLLIS CO. HASBEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.f. No Injunctive Relief. IF HOLLIS CO. BREACHES OR OTHERWISE VIOLATES THISAGREEMENT, THEN YOU SHALL NOT BE ENTITLED TO SEEK OR OBTAIN, AND YOU DO HEREBYWAIVE, ANY TYPE OF INJUNCTIVE RELIEF AGAINST THE SITE AND/OR ANY PRODUCTS ORSERVICES MADE AVAILABLE ON, THROUGH, OR IN RELATION TO THE SITE (INCLUDING,WITHOUT LIMITATION, THE SERVICES) AS A RESULT OF SUCH BREACH OR OTHER VIOLATION.FOR THE AVOIDANCE OF DOUBT, THE FOREGOING LIMITATION ON INJUNCTIVE RELIEF DOESNOT LIMIT YOUR ABILITY TO SEEK OR RECOVER ANY MONETARY REMEDIES AUTHORIZED BYLAW IN THE EVENT OF ANY SUCH BREACH OR OTHER VIOLATION (EXCEPT FOR THOSE WHICHARE OTHERWISE EXPRESSLY PRECLUDED BY THIS AGREEMENT); PROVIDED, HOWEVER, THATANY SUCH NON-PRECLUDED CAUSE OF ACTION OR CLAIM IN CONNECTION WITH SUCHMONETARY REMEDIES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OFACTION OR CLAIM ACCRUES, OR ELSE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLYBARRED.g. Consumer Protections. The disclaimers and limitations set forth in this Section 17 are notintended to limit liability or alter your rights as a consumer that cannot be limited oraltered under applicable law.


18. General Release of Claims. 

You hereby release and hold harmless Hollis Co., Hollis Co.’sparents, subsidiaries, and other affiliates, and their respective officers, directors, managers,owners, partners, agents, employees, representatives, trustees, assigns, transferees,contractors, vendors, and licensees from and against all claims that you have or may haveagainst them for infringement, violation of the rights of privacy or publicity, defamation,disparagement, unpaid benefits, unpaid wages, overtime, discrimination, personal injury,property damage, negligence, and/or any other legal theory arising from or in connectionwith the Site, the products or services made available on, through, or in relation to the Site(including, without limitation, the Services), and/or the rights and privileges granted orconveyed by you under this Agreement (including, without limitation, those rights andprivileges relating to the User Materials and/or any elements, derivatives, or marketing of theforegoing). Further, you waive your right to, and in no event shall you seek to, (a) enjoinHollis Co., any of Hollis Co.’s officers, directors, members, managers, owners, partners,agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees,assigns, transferees, contractors, vendors, or licensees or (b) exercise any of the rights orprivileges granted or conveyed by you under this Agreement (including, without limitation,the User Materials).You also hereby waive any rights you may have under Section 1542 of the California CivilCode and any other statute or common law principle of similar effect, which provides: “Ageneral release does not extend to claims that the creditor or releasing party does not know orsuspect to exist in his or her favor at the time of executing the release and that, if known byhim or her, would have materially affected his or her settlement with the debtor or releasedparty”.


19. Indemnification. 

YOU HEREBY AGREE TO INDEMNIFY, RELEASE, AND HOLD HARMLESS HOLLISCO., HOLLIS CO.’S PARENTS, SUBSIDIARIES, AND OTHER AFFILIATES, AND THEIR RESPECTIVEOFFICERS, DIRECTORS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES,REPRESENTATIVES, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS, ANDLICENSEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS,JUDGMENTS, LOSSES, DAMAGES, FINES, PENALTIES, AND EXPENSES (INCLUDING COSTS ANDREASONABLE OUTSIDE ATTORNEY FEES) INCURRED BY SUCH INDEMNITEES, OR ASSERTEDAGAINST SUCH INDEMNITEES BY THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH (A)YOUR ACTS, ERRORS, OR OMISSIONS, (B) YOUR USE OF THE SITE OR ANY PRODUCTS OR SERVICESMADE AVAILABLE ON, THROUGH, OR IN RELATION TO THE SITE (INCLUDING, WITHOUTLIMITATION, THE SERVICES) IN ANY MANNER CONTRARY TO THE TERMS AND CONDITIONS OFTHIS AGREEMENT, (C) YOUR VIOLATION OF THE RIGHTS OF OR OTHER INJURY TO ANY THIRDPARTY, AND/OR (D) YOUR BREACH OF ALL OR ANY PART OF THIS AGREEMENT.


20. Force Majeure. 

Hollis Co. shall not be liable for delays in performance caused by any act ofGod, fire or other casualty, accident, strike, shortage of labor or materials, governmentalaction, industrial disturbance, or any other cause beyond Hollis Co.’s reasonable control, andthe time for Hollis Co.’s performance shall be extended by the period of any such delay.Hollis Co. reserves the right to apportion its production among its customers as it maydetermine.


21. Termination; Survival. 

If this Agreement is terminated for any or no reason, then all rightsgranted to you under this Agreement shall automatically revert back to Hollis Co., and thefollowing shall survive in perpetuity: (a) all defined terms under this Agreement; (b) allrights and privileges under this Agreement which were granted to or accrued in favor ofHollis Co., any of Hollis Co.’s parents, subsidiaries, or other affiliates, or any of theirrespective officers, directors, managers, owners, partners, agents, employees, representatives,trustees, assigns, transferees, contractors, vendors, or licensees as of the date of thisAgreement’s termination; (c) all payments which accrued as of the date of termination; (d) alldisclaimers, limitations of liability and limitations of remedies; and (e) all representations,warranties, covenants, certifications, releases, indemnifications, and promises made by youunder this Agreement.


22. Governing Law. 

This Agreement, the additional terms, conditions, and policies referencedherein (including the Site’s Privacy Policy and Refund Policy), your access or use of the Siteor any Services, your registration with the Site, any transactions made on, through, or inrelation to the Site, any products or services purchased on, through, or in relation to the Site(including, without limitation, the Services), the Parties’ relationship, and all disputes,controversies, and claims arising from or in connection with any of the foregoing (whethergrounded in contract, tort, statute, law, or equity) is governed by the laws of the State ofTexas in the United States of America and the applicable federal laws of the United States ofAmerica, regardless of its place of execution, its place of performance, and any conflicts oflaw analysis.


22. Governing Law. 

This Agreement, the additional terms, conditions, and policies referenced here in (including the Site’s Privacy Policy and Refund Policy), your access or use of the Site or any Services, your registration with the Site, any transactions made on, through, or in relation to the Site, any products or services purchased on, through, or in relation to the Site(including, without limitation, the Services), the Parties’ relationship, and all disputes ,controversies, and claims arising from or in connection with any of the foregoing (whether grounded in contract, tort, statute, law, or equity) is governed by the laws of the State ofTexas in the United States of America and the applicable federal laws of the United States ofAmerica, regardless of its place of execution, its place of performance, and any conflicts of law analysis.


23. Dispute Resolution. 

a. Binding Arbitration; Waiver. Each Party hereby irrevocably submits all disputes,controversies and claims arising from or concerning this Agreement, any additionalterms, conditions or policies referenced in this Agreement (including the Site’s PrivacyPolicy and Refund Policy), your access or use of the Site or the Services, any transactionsmade on, through, or in relation to the Site, any products or services purchased on,through, or in relation to the Site (including, without limitation, the Services), and/or theParties’ relationship (whether grounded in contract, tort, statute, law, or equity)(collectively, the “Dispute(s)”) to binding arbitration administered by Judicial Arbitrationand Mediation Services, Inc. (a/k/a JAMS) or its successor (“JAMS”) for the resolutionthereof, and such arbitration shall be the sole and exclusive method for resolving theDisputes. The arbitration shall be binding, final, and confidential. EACH PARTYACKNOWLEDGES AND AGREES THAT HE/SHE/IT IS WAIVING THE RIGHT TO A TRIAL BY JURYOR TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTIONPROCEEDING. 


b. Arbitration Rules. The arbitration shall be conducted before a single arbitrator under thethen-current JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”),as supplemented by the Federal Rules of Civil Procedure and the Federal Rules ofEvidence if and where applicable as a gap-filler. If there is any conflict between aprovision of the JAMS Rules, the Federal Rules of Civil Procedure, the Federal Rules ofEvidence, or this Agreement, then the conflicting provision of this Agreement shallcontrol and govern over the JAMS Rules, the Federal Rules of Civil Procedure and theFederal Rules of Evidence, and the JAMS Rules shall control and govern over theFederal Rules of Civil Procedure and the Federal Rules of Evidence. The construction,interpretation, and enforcement of this section 23 is governed by the Federal ArbitrationAct, 9 U.S.C. §§ 1 et seq. 


c. Arbitration Process, Location, and Procedures. The Party initiating the arbitrationproceeding shall serve a written notice of arbitration on the other Party in accordancewith the JAMS Rules. The arbitration shall be held in Travis County, Texas, UnitedStates of America. The arbitration shall be conducted in the English language. Thearbitrator shall be selected in accordance with the JAMS Rules, unless otherwise agreedto by the parties to the arbitration. All issues or questions concerning either the scope ofthis arbitration clause or the arbitrability of any of the Disputes shall be referred to andfinally decided by the arbitrator. The arbitrator may construe or interpret, but shall notvary or ignore, the terms and conditions of this Agreement and shall be bound byapplicable law. 


d. Arbitration Decisions and Awards. The arbitrator shall render a written final decision onthe subject Dispute as soon as practicable and, in any event, not more than forty-five (45)calendar days after the close of evidence and briefing. The arbitrator’s decision shall bewritten, shall be in accordance with applicable law, and shall be supported by writtenfindings of fact and conclusions of law setting forth the basis for his/her decision. Thearbitrator shall have no authority to award punitive, exemplary, or consequentialdamages, unless such an award is authorized by applicable law. The arbitrator shall havethe authority to award attorney fees and expenses if such an award is permitted under thisAgreement or applicable law. Subject to any applicable rights of appeal, the finaldecision of the arbitrator shall be binding and conclusive upon all of the Parties who havebeen served with proper written notice of the arbitration proceeding as required by thissection 23. Judgment on any award rendered by the arbitrator may be confirmed in anystate or federal court having jurisdiction thereof that is located in the State of Texas,United States of America, and may be entered in and enforced by any domestic, foreign,or international court having appropriate subject matter jurisdiction. Any decision,judgment, ruling, finding, award, or other determination of the arbitrator and anyinformation disclosed in the course of any arbitration hereunder shall be kept confidentialby the Parties, and any court order to enforce the decision, judgment, ruling, finding,award, or other determination of the arbitrator shall be filed under seal.e. Arbitration Fees and Expenses. JAMS’s administrative and filing fees, the arbitrator’sfees and expenses and all other fees and expenses charged by JAMS and/or the arbitratorto administer or conduct the arbitration shall be shared equally among all parties to thearbitration; provided, that the prevailing party of the arbitration may recover an award ofits share of such fees and expenses if such an award is permitted under this Agreement orapplicable law.f. Litigation; Waiver. In the event a particular Dispute is not subject to arbitration (whetherby decision of an arbitrator with binding authority, or otherwise according to thisAgreement or applicable law), each Party hereby irrevocably submits to the exclusivepersonal jurisdiction and venue of the state courts of Travis County, Texas, United Statesof America and the United States federal courts in the Western District of Texas, AustinDivision, for the litigation of said Dispute, and covenant and agree that neither of theforegoing is an inconvenient venue or forum. 

g. Waiver of Jury Trial and Class Action. REGARDLESS OF WHETHER A PARTICULAR DISPUTEIS SUBJECT TO ARBITRATION OR LITIGATION, AND TO THE FULLEST EXTENT PERMITTED BYLAW, EACH PARTY DOES HEREBY WAIVE HIS/HER/ITS RIGHT TO A TRIAL BY JURY, TOPARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION OR OTHERPROCEEDING, OR TO NAME UNNAMED MEMBERS IN ANY PURPORTED CLASS ACTION OROTHER PROCEEDING.


24. Notice. 

Unless otherwise expressly stated in this Agreement, Hollis Co. may give or deliverall other notices to you by means of a general notice posted on this or another page of theSite, as applicable, or by email to your email address as you may provide to Hollis Co. on orthrough the Site, and such notices shall be deemed effective as of their stated effective dates.


25. Relationship. 

In no event shall this Agreement, the performance of a Party’s rights orobligations under this Agreement, the Site, or a Party’s access or use of the Site or theServices create any type of fiduciary, franchise, agency, employment, independentcontractor, partnership, or joint venture relationship between you and Hollis Co.


26. Miscellaneous. 

a. Electronic Signatures. IF YOUR ACCEPTANCE OF THIS AGREEMENT IS FURTHER EVIDENCEDBY YOUR AFFIRMATIVE ASSENT TO THE SAME (E.G., BY A “CHECK THE BOX”ACKNOWLEDGMENT PROCEDURE), THEN THAT AFFIRMATIVE ASSENT IS THE EQUIVALENT OFYOUR ELECTRONIC SIGNATURE TO THIS AGREEMENT. HOWEVER, FOR THE AVOIDANCE OFDOUBT, YOUR ELECTRONIC SIGNATURE IS NOT REQUIRED TO EVIDENCE OR FACILITATEYOUR ACCEPTANCE AND AGREEMENT TO THIS AGREEMENT, AS YOU AGREE THAT THECONDUCT DESCRIBED IN THIS AGREEMENT AS RELATING TO YOUR ACCEPTANCE ANDAGREEMENT TO THIS AGREEMENT ALONE SUFFICES.b. Excused Performance. Hollis Co. is hereby excused for any failure to perform under thisAgreement to the extent that its performance is prevented by any reason outside of itsreasonable control or that may be characterized as a force majeure event.c. No Waiver. No failure or delay to exercise any right, remedy, power, or privilege arisingfrom or in connection with this Agreement will operate or be construed as a waiverthereof, except as otherwise expressly stated in this Agreement. Any waiver authorizedon one occasion is effective only in that instance and only for the purpose stated, anddoes not operate as a waiver on any future occasion.d. Assignment and Delegation. You shall not assign, delegate, or otherwise transfer any ofyour rights or obligations under this Agreement without Hollis Co.’s prior writtenconsent in each instance.e. Construction and Interpretation. This Agreement shall be construed to have been draftedby all of the Parties, so that any rule of construction or interpretation that construes orinterprets ambiguities against the drafter shall have no force or effect.f. Headings. Section headings are inserted in this Agreement for reference and convenienceonly and shall not interpret, define, limit, or describe the scope, intent, terms, orconditions of this Agreement.g. Severability. If any term or condition of this Agreement is deemed invalid orunenforceable by the arbitrator or (if applicable) a court of law with binding authority,then the remaining terms and conditions shall not be affected, and said arbitrator or courtof law shall reform the invalidated or unenforceable term or condition to the maximumextent permitted under the law and consistent with the intent of this Agreement.h. Entire Agreement. This Agreement, together with those additional terms, conditions, andpolicies referenced herein and/or made available herein by hyperlink (including the Site’sPrivacy Policy and Refund Policy), constitutes the entire agreement and understandingbetween the Parties with respect to the subject matter hereof, supersedes any prioragreements and understandings, if any, between the Parties with respect to such subjectmatter, and shall inure to the benefit of and be binding upon the Parties and theirrespective successors and assigns.


27. Contact Us. 

Please direct any questions you may have about the Site or this Agreement tohello@thehollisco.com with a subject line of “Website Question”. The foregoing contactinformation may change from time to time by supplementation, amendment, or modificationof this Agreement.


28. Modification Date. 

This Agreement was last updated on November 4, 2019.