The following Terms of Use apply to all users of www.hitchhero.com (the “Website”) and other services that may be offered by HitchHero (“HitchHero,” “us”, “we” and/or “our”) from time to time (collectively, the “Services”).  BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE OR THE SERVICES.

HitchHero reserves the right to change these Terms of Use from time to time at its sole discretion without notice to you.  You agree to the changes to these Terms of Use by your continued use of Services after we post notice of such changes. If you do not agree to any changes we make to the Terms of Use, you must cease use of the Services. These Terms of Use were last modified as of July 17, 2019.

Who Can Use the Services

You must be: a) at least the age of majority in the state where you live to use this Website and the Services, and b) a resident of the United States.  If you are under 13 years old, do not use this Website or the Services.

Your Use of the Services

You may not attempt to gain unauthorized access to any systems or networks connected to the Services, by hacking, password “mining” or any other illegitimate means.  You may not probe, scan or test the vulnerability of any network connected to the Services, nor breach the security or authentication measures for the Services or any network connected to the Services.  You agree that you will not take any action that imposes an unreasonable or disproportionately large burden on the infrastructure of HitchHero’s systems or networks, or any systems or networks connected to the Services.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or with any other person’s use of the Services.

You may not manipulate identifiers in order to disguise the origin of any message you send through the Services.

You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use, sell or otherwise exploit the Services for any commercial purposes.

You may not use the Services for any purpose that is unlawful or prohibited by these Terms of Use.

You may not use the Services to post or transmit any content that is libelous, defamatory, false, misleading, inaccurate, unlawful, obscene, racially or ethnically offensive, or objectionable, or that you have reason to believe infringes or otherwise violates the copyright, trade secret, patent, publicity, privacy or other intellectual property or proprietary rights of any person or entity.  The Content you post or transmit may not contain profanity, intense violence, nudity or sexually explicit images, hate speech, graphic depiction of sexual activity or behavior, or the depiction of illegal drug use or the abuse of alcohol, drugs, or tobacco.  You may not use the Services to port or transmit content that violates any law or regulation in the United States, Illinois, your home jurisdiction(s), or any jurisdiction where the content is stored, transmitted, or delivered.

In the case of any violation of these Terms of Use, HitchHero reserves the right to 1) restrict or prohibit your use of the Services, and/or 2) seek all remedies available by law and in equity for such violations.

Privacy Policy

HitchHero’s Privacy Policy applies to personal information you provide in connection with the Services. By using the Services you agree to the terms of HitchHero’s Privacy Policy.  Click here to see it.

General Disclaimer

THE SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HITCHHERO DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

HITCHHERO SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, EVEN IF HITCHHERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold us, our affiliated companies, employees, representatives and agents harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Services.

International Use

The Services are intended for use in the United States, and use of the Services from countries where the Services are illegal is prohibited.

General Terms

HitchHero may modify the Services or discontinue the Services at any time without notice.  You agree that HitchHero shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

These Terms of Use and the relationship with you shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.  You agree that any claims that you may assert against us will be resolved exclusively by arbitration in accordance with JAMS rules.  Any arbitral dispute shall be governed by the substantive laws of the State of Illinois and arbitration will occur at a mutual location in Chicago, Illinois.  You expressly waive the right to a trial by jury in any dispute with HitchHero.

The failure of HitchHero to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  If for any reason a court finds that any provision or portion of these Terms of Use is unenforceable, the remainder of these terms will continue in force and effect.