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The following terms and conditions (“Terms of Use”) are between you and Hola, Inc. (“Hola” or “we”) and govern your use of Hola’s websites and other software- and Internet-enabled programs and services offered by Hola, including mobile applications, rewards programs, gift cards, surveys, sweepstakes and other prize promotions, together with all information, content, materials and products (including software) included in or available through such programs and services (collectively, “Hola Programs and Services”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY OF THE HOLA PROGRAMS AND SERVICES. BY USING THE HOLA PROGRAMS AND SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
These Terms of Use incorporate by reference Hola’s Privacy Policy. Additionally, certain Hola Programs and Services may be governed by additional terms and conditions presented in conjunction with them (“Program and Service Terms”). These Terms of Use and Hola’s Privacy Policy, together with any such Program and Service Terms, constitutes the entire agreement between you and Hola related to the Hola Programs and Services. These Terms of Use, Hola’s Privacy Policy, and any such Program and Service Terms will apply equally. In the event of a conflict, the Program and Service Terms will prevail.
The Hola Programs and Services are for your personal, non-commercial use only. You may use the Hola Programs and Services only for lawful purposes and in accordance with these Terms of Use and any applicable Program and Service Terms. Except as expressly permitted in these Terms of Use or the applicable Program and Service Terms, you may not copy, distribute, publish, transmit, modify, publicly display or perform, create derivative works of or otherwise exploit any part of the Hola Programs and Services. The Hola Programs and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights. Hola reserves all rights not expressly granted to you. You acknowledge that you may be required to register, provide certain personal information, or create a password prior to being able to access and use certain Hola Programs and Services. You agree to maintain only one account; provide honest, accurate, current and complete information about yourself; and to maintain and promptly update your account with any changes to your information. You acknowledge and agree that you are responsible for maintaining the confidentiality of your account information and password, and for all activities under any account registered to you. You agree not to enable any third party to access the Hola Programs and Services usingyour account information. You acknowledge and agree that the Hola Programs and Services, or certain features of the Hola Programs and Services, may change from time to time without notice to you. Any such change that augments, enhances or modifies the Hola Programs and Services is subject to these Terms of Use and any applicable Program and Service Terms.
You agree not to take any action that might compromise the security of Hola’s websites or any other Hola Programs and Services, render Hola’s websites and other Hola Programs and Services inaccessible to others or otherwise cause damage to Hola’s websites and other Hola Programs and Services. Unauthorized attempts to modify, add to or subtract from any information stored on, accessed or collected by Hola’s websites or any other Hola Programs and Services, to defeat or circumvent security features, or to utilize Hola’s websites or any other Hola Programs and Services for other than their intended purposes are prohibited and may result in criminal prosecution and damages.
You are responsible for providing the equipment to access and use the Hola Programs and Services. Certain Hola Programs and Services may also require the services of one or more third parties, such as a wireless carrier or a mobile platform provider. You acknowledge and agree that Hola is not a party to your contracts with any such third parties and, as such, does not guarantee or assume any liability for the availability, accuracy, integrity or quality of the services provided by such third parties. Further, Hola does not guarantee that the Hola Programs and Services are accessible on any particular equipment or device or with any particular software or service plan. You agree that you are solely responsible for all charges that apply to the use of such third party services and that your use of such third party services may be subject to separate agreements, terms of use and policies.
Any information that you provide to Hola in connection with the Hola Programs and Services will be handled in accordance with Hola’s Privacy Policy. Hola reserves the right to use third-party service providers in connection with the Hola Programs and Services. By accessing or using the Hola Programs and Services, you consent to Hola sharing your information with any such third-party service providers as necessary to run and administer the Hola Programs and Services.
Hola’s website and other Hola Programs and Services contain references to and information about Hola products and services, including product descriptions, pricing, promotions, offers, availability and other information. Such information is subject to change without notice. Hola makes an effort to provide accurate and timely information about fuel prices. Generally, changes in fuel prices are reflected in the mobile application and website within thirty minutes. However, actual location price may vary from the last reported price in the mobile application or website. Further, the availability of Hola products and services may be limited by individual store participation.
Hola attempts to be accurate in its description of Hola products and services, including product descriptions, pricing, promotions, offers, availability and other information. However, Hola’s websites and other Hola Programs and Services may contain errors, inaccuracies or omissions related to products and services. Additionally, there may be errors, inaccuracies or omissions in the operation of the Hola Programs and Services. All such errors, inaccuracies and omissions will be corrected where discovered by Hola or brought to our attention. Hola reserves the right to correct any errors, inaccuracies or omissions on Hola’s websites and other Hola Programs and Services, revoke any stated offer, and cancel any orders related to such information (including after an order has been submitted). If you have already been charged for a purchase and your order is cancelled, Hola will issue a refund for amounts paid. You further agree that Hola will have broad discretion to address and rectify any errors, inaccuracies or omissions in the operation of the Hola Programs and Services. If any product that you purchased is not satisfactory to you, you may return it for a refund in accordance with Hola’s return policies.
All content included in or made available through any of the Hola Programs and Services, such as text, graphics, images, audio clips, digital downloads and data compilations (collectively, “Content”), as well as the color selections, organization and layout of such Content, is the copyrighted property of Hola, its affiliated companies or their respective licensors. Further, HOLA, the Hola logo, and other trademarks, service marks, taglines, graphics and logos used in connection with Hola Programs and Services (“Hola Marks”) are trademarks or registered trademarks of Hola, its affiliated companies or their respective licensors.
No right, title or interest in and to the Content or the Hola Marks is transferred to you as a result of accessing or using the Hola Programs and Services. Hola reserves all rights not specifically and expressly granted to you. Unless otherwise specified, you may not copy, imitate, use, modify, distribute, transmit, display, reproduce, publish, create derivative works from or frame in another website, transfer or sell any of the Content or the Hola Marks, without Hola’s prior written permission. The preceding expressly applies to the practices of “screen scraping”, “database scraping” and any similar use of data mining, robots, or other data gathering and extraction tools. Hola further prohibits use of the Hola Marks as a "hot" link to any website, including Hola’s websites, without Hola’s prior written permission.
Hola’s websites and other Hola Programs and Services may link to or otherwise enable access to third-party websites, information or services, including social media sites (“Third-Party Content”). Such Third-Party Content and links are provided solely as a convenience to you. They do not constitute or imply an endorsement, sponsorship, or recommendation by Hola. By accessing such Third-Party Content, you acknowledge and agree that Hola does not control such Third-Party Content and, as such, Hola does not guarantee the availability, accuracy, integrity or quality of such Third-Party Content. You further agree that neither Hola nor its third-party service providers assume any liability for such Third-Party Content, including any such Third-Party Content that may be offensive, indecent or objectionable. Hola reserves the right to change, suspend, remove or disable access to any such Third-Party Content at any time without notice. If you use such links to third-party websites, you will leave Hola’s website, and may be subject to separate terms of use and other policies applicable to such third-party websites.
You agree that you, and not Hola, are responsible for all content, written or otherwise (including ideas and feedback), that you upload, post, email, transmit or otherwise make available in connection with the Hola Programs and Services (“User-Generated Content”). Hola does not control the User-Generated Content posted and, as such, does not guarantee the accuracy, integrity or quality of such User-Generated Content. Although Hola does not pre-screen User-Generated Content, Hola has the right, but not the obligation, to delete or move any User-Generated Content for any reason. You understand that by using the Hola Programs and Services, you may be exposed to User-Generated Content of other users that is offensive, indecent or objectionable.
You acknowledges and agree that User-Generated Content may be used, reproduced, displayed, modified, deleted, added to, adapted, and published by Hola (for example, in product marketing campaigns). By acknowledging and agreeing to these Terms of Use, or by submitting User-Generated Content, you grant to Hola, its affiliated companies and their respective successors and assigns a worldwide, irrevocable, transferrable, sublicensable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, distribute and prepare derivative works from the User-Generated Content. You represent and warrant that you own or otherwise control all rights in and to any such User-Generated Content, and that public posting and use of your User-Generated Content by Hola will not infringe or violate the rights of any third party.
Hola may change these Terms of Use at any time, with or without notice. Hola will post the revised Terms of Use on its website. Any such change will become effective at the time Hola posts the revised Terms of Use.
Hola may suspend or terminate any of the Hola Programs and Services or terminate or limit your access and use of the Hola Programs and Services at any time without notice or liability. Any obligation or liability you incur prior to such termination will survive the termination.
Hola may suspend or terminate any of the Hola Programs and Services or terminate or limit your access and use of the Hola Programs and Services at any time without notice or liability. Any obligation or liability you incur prior to such termination will survive the termination.
These Terms of Use and your use of the Hola Programs and Services will be governed by and interpreted in accordance with the laws of the Commonwealth of Florida, without regard to any conflict of laws provisions. You irrevocably consent to the exclusive jurisdiction of the courts of the Commonwealth of Florida, Palm Beach County Court of Common Pleas, Commerce Court, and the United States District Court for the Eastern District of Florida, for any legal action arising out of or relating to the Hola Programs and Services or these Terms of Use. The preceding sentence does not apply where the applicable Program and Service Terms specify dispute resolution by binding arbitration.
You acknowledge that any breach or threatened breach of these Terms of Use or any Program and Service Terms may result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to its rights and remedies otherwise available at law, Hola will be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If Hola seeks any equitable remedies, it will not be precluded or prevented from seeking remedies at law, nor will it be deemed to have made an election of
If any provision of these Terms of Use is
determined to be illegal or unenforceable, the remainder of these Terms of Use
shall continue to be fully valid, binding, and enforceable. Failure of Hola to
exercise or enforce any right or provision of these Terms of Use will not
constitute a waiver of such right or provision in that or any other instance.
Last updated: June 1, 2022