Terms and Conditions

INTRODUCTION

PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. BY USING THIS WEBSITE YOU AGREE TO THESE TERMS & CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS, YOU SHOULD STOP USING THE WEBSITE. THESE TERMS & CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND.

ORDER PROCESSING

Orders are processed and shipped on business days only Monday through Friday, excluding major holidays. Most orders are processed within 1-2 business days (processing time does not include weekends and holidays). Orders placed on Saturday and Sunday will be processed the following Monday. All purchases are subject to bank authorization prior to processing. Only authorized purchases may be processed and shipped. Orders being sent to a P.O. Box or Military APO/FPO addresses must be shipped via the United States Postal Service.

ORDER STATUS

When you place an order with The Hooha you will receive an order confirmation via email. If you do not have an account set up with us but have questions concerning your order, please contact Customer Service during business hours by using our contact form. Be sure to include your order number in the subject of your email or when leaving a voice message. If you have any other questions about your order, please contact Customer Service as indicated above. Once your order is shipped, your tracking number will be emailed to you (Note: Some carriers may not update tracking information for up to 24 business hours after the order is shipped).

PAYMENT OPTIONS

The Hooha accept the following methods of payment: American Express, Visa, Mastercard, Discover, Diner's Club, Klarna, Apple Pay, Shop Pay, Google Pay, Meta Pay and PayPal. We do NOT accept the following methods of payment: CODs, personal checks or money orders. We reserve the right to refuse any order that does not meet these criteria. To use PayPal, you will need to enter a U.S. postal or zip code where indicated in the checkout process. If you do not have one, you can enter any five-digit number and you will be transferred to PayPal’s website to complete your purchase.

Back to Top

BILLING

You will be charged for your order at the time of purchase. Occasionally, orders or parts of an order are cancelled by our system for various reasons. Refer to the Order Cancellations section for more information. If your order is cancelled in whole or part, the full amount of the cancelled order or cancelled part of an order will be credited back to the method of payment you used to place your original order. If you need any assistance with billing questions, please contact Customer Service during business hours please by using our contact form. Include your order number in the subject of your email.

Back to Top

SALES TAX

In the United States, The Hooha is required to collect applicable state and local sales tax on taxable products shipped to destinations in certain states. In general, the particular products we sell are subject to sales tax.

Currently, we are required to collect sales tax on taxable merchandise shipped to destinations in the States of: Arkansas, California, Colorado, Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Nevada, North Carolina, Oklahoma, Pennsylvania, Tennessee, Virginia and Wisconsin. We are not required to charge and collect sales tax on purchases shipped to destinations inside other states or internationally. The law in this area is rapidly changing and the states we are required to collect sales tax is subject to change.

Some state taxing authorities require the taxable amount to include any shipping and handling charges, while others charge sales tax on the merchandise purchased only. The applicable tax is separately stated and added to your purchase at the shopping cart for registered guests and at the checkout for unregistered guests.

Special rules apply to purchases made with online e-vouchers issued by Internet-based deal-of-the-day websites such as Groupon and Living Social which may offer vouchers or coupons for sale on their website redeemable for specific products on our website. In general, the customer is not charged sales tax on the purchase of the e-voucher but sales tax may be charged and collected by us when the voucher is redeemed depending on whether the particular product is subject to sales tax and whether or not we have a collection obligation in the state to which the product is shipped.

Back to Top

PROMOTIONS / COUPONS / E-VOUCHERS

Periodically, The Hooha offer promotions in the form of coupons good for trade discounts on our website. The coupon contains a list of numbers and/or letters which are entered in a box marked “Discount Codes” on the Shopping Cart page during the checkout process. To redeem a discount coupon, enter the coupon code you received in the text box marked “Discount Codes” on the Shopping Cart page during the checkout process. Then click on “Apply Coupon.” A text block will appear at the top of the page confirming the coupon has been accepted. That's all there is to it.

Coupon codes are not case sensitive. When dashes ("-") appear in the coupon code they must be used. Some coupon codes are alpha-numeric, meaning they include a combination of letters and numbers. Only one coupon code may be used per online purchase. Coupon code discounts are not applied to charges for shipping. A fixed amount discount (as distinguished from a percentage discount) which is greater than the selling price of the product or products being purchased will be applied up to the amount of the purchase price only and any excess may not be carried forward to a subsequent purchase. If you are having trouble with your coupon code being accepted, please be sure you are not entering the letter "o" or "O" for the number "0" or vice versa. If your coupon code is not accepted and you think that it should be, please contact Customer Service during business hours by using our contact form. Coupon codes are limited to 3 of the same item per household. Orders containing more than the allowed quantity are subject to be cancelled/refunded without notice.

Internet-based companies such as Groupon and Living Social periodically offer deal-of-the-day vouchers or coupons (e-Vouchers) for sale on their website redeemable for specific products on our website at a discount. Purchases of products made with e-Vouchers are subject to replacement for defects in materials or workmanship but not refunds.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

The Hooha (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@tryhooha.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and The Hooha, Tagline Digital, LLC, or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Port St Lucie, Florida before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which The Hooha’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Back to Top

MAXIMUM PURCHASE POLICY

We do not enforce a maximum number of units you are able to purchase, however we reserve the right to cancel any transaction that contains elements that indicate it is fraudulent.

Back to Top

CUSTOMER SERVICE

For information relating to orders placed with spa-sciences.com (e.g., order processing, shipping and handling, returns and exchanges), please contact Customer Service during business hours by using our contact form. You may also reach us directly by phone at 305-391-3537. Be sure to include your order number in the subject of your email or when leaving a voice message. We are happy to assist you.

Back to Top

LIMITED WARRANTY

100% Satisfaction Guarantee on Devices. The Hooha stands by the quality of our Devices and is confident that you will be satisfied with your purchase. If, for any reason, you are not happy with your purchase of a The Hooha Device, simply contact hello@tryhooha.com and return the Device within 30 days of the date of purchase in the original box, postage paid by sender, together with proof of purchase. We will process a refund for the full purchase price to the original payment method. Guarantee applies to Devices purchased from our website www.tryhooha.com only.

Limited Warranty. If a The Hooha Device was purchased from the The Hooha website or an authorized The Hooha retailer and is defective in workmanship or materials, The Hooha will replace your Device free of charge for 24 months from the date of purchase if the Device is registered within 90 days; otherwise for 12 months from the date of purchase, except for liquid skincare products which are eligible for replacement due to defects in workmanship or materials within 30 days of the date of purchase. The Hooha regularly changes the models, colorways, and styles of its products and cannot guarantee the availability of an exact replacement for any product.

To obtain an additional year’s coverage under the warranty (a total of 24 months), click on this REGISTRATION link to register your Device and upload proof of purchase. You must register the Device within 90 days of purchase to obtain the extended warranty coverage.

To obtain service under the warranty, email us at hello@tryhooha.com for instructions on returning the defective Device, postage paid by sender. The Hooha reserves the right to inspect a Device subject to a warranty claim to determine whether the claim is covered by the warranty.

IN NO EVENT SHALL The Hooha BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES FOR BREACH OF THIS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, WHATSOEVER.

ANY IMPLIED WARRANTIES, OBLIGATIONS, OR LIABILITIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL BE LIMITED IN DURATION TO THE 36 MONTH DURATION OF THIS WRITTEN LIMITED WARRANTY.

Some States and international countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.

UNAUTHORIZED RETAILERS. THE HOOHA’s WARRANTY IS NOT AVAILABLE FOR PRODUCTS PURCHASED FROM UNAUTHORIZED SELLERS BECAUSE THE HOOHA IS UNABLE TO OVERSEE OR CONTROL THE QUALITY OF ITS PRODUCTS SOLD BY SUCH UNAUTHORIZED SELLERS.

EMAIL US AT HELLO@TRYHOOHA.COM FOR A LIST OF AUTHORIZED RETAILERS OR MORE INFORMATION ABOUT UNAUTHORIZED SELLERS.

Back to Top

SECURITY AND PRIVACY

You can shop at TryHooha.com with confidence. We have partnered with Shopify, one of the most trusted names in the payment industry that accepts credit cards and electronic check payments safely and securely for our customers. The Shopify Payment Gateway manages the complex routing of sensitive customer information through the electronic check and credit card processing networks. The company adheres to strict industry standards for payment processing, including:

• 256-bit Secure Sockets Layer (SSL) technology for secure Internet Protocol (IP) transactions in the Checkout.
• Industry leading encryption hardware and software methods and security protocols to protect customer information.
• Compliance with the Payment Card Industry Data Security Standard (PCI DSS).

You can further help to ensure your security by taking a few simple precautions. For instance, you should always protect against unauthorized access of your The Hooha user name/password and your computer. You should also make sure to sign off when finished using a shared computer. If you have any questions about security on our website, please contact Customer Service during business hours by using our contact form. We will be happy to assist you.

Your privacy is very important to us. Click here to view our complete Privacy Policy.

Back to Top

TERMS OF USE AND SALE

The Terms and Conditions set forth in this document apply to your use of this website and to your purchase of products sold by internet by The Hooha, including its affiliates. By accessing, browsing or using this website, you acknowledge that you have read, understood and agreed to be bound by the terms and conditions set forth in this document. By placing your order for a product, you accept and are bound to the terms and conditions of sale set forth in this document. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT ORDER/KEEP YOUR PRODUCT. If you have placed an order but do not wish to be subject to the terms and conditions set forth in this document, you must promptly cancel your order, or return your purchase in accordance with The Hooha's Guaranty and Return Policy.

The Site and all information and material contained on the Site or made available through the Site are provided on an “as is” and “as available” basis. The Hooha does not guarantee the Site and the material and information contained on the Site will be without error or defect. You agree that you take full responsibility for your use of the Site.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, The Hooha DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL The Hooha BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF OR PERTAINING TO THE PURCHASE OR USE OF ANY PRODUCT OR THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF The Hooha OR A The Hooha AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

The Hooha DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, The Hooha WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, The Hooha IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.

You agree that any claim relating to this website and the materials contained on the website and related to your access and use of the website will be governed by the laws of the State of Florida without regard to Florida’s conflicts of laws principles. THE PARTIES FURTHER AGREE THAT THIS AGREEMENT, ANY SALES THEREUNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND The Hooha arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement, The Hooha's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAW. You agree to submit to the personal and exclusive jurisdiction of the courts located within St. Lucie County, Florida, United States.

Dispute Resolution and Binding Arbitration. YOU AND The Hooha ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND The Hooha, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "The Hooha") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), The Hooha's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) or JAMS such arbitration to take place solely in St. Lucie County, Florida. Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the individual dispute or controversy between customer and The Hooha.

You agree to an arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR The Hooha SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).

The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The Hooha will be responsible for paying any individual consumer's arbitration fees. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. For information on AAA or JAMS, contact the following: American Arbitration Association, (800) 778-7879, www.adr.org; JAMS, (800) 352-5267, www.jamsadr.com.

The Hooha may at any time revise these Terms and Conditions by updating this posting. By using the Site, you agree to be bound by any such revisions and should, therefore, periodically visit this page to determine the then current Terms of Use and Sale to which you are bound.

Back to Top

SPOKESPERSON DISCLOSURE STATEMENT

The Hooha may enter into arrangements with third parties who receive complimentary products and/or compensation in exchange for reviewing, promoting and/or sharing their experiences, beliefs, findings or opinions regarding The Hooha products in all forms of media, including this website. The experiences shared and views expressed by the third parties are their own. If you have questions about a particular endorsement or testimonial, please contact Customer Service by using our contact form.

Back to Top

NOTICE FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The name and address of the provider of this website may be found in next section Company Address. No charges are imposed and no purchase is necessary for the use of this website other than the purchase price and applicable sales tax and shipping of products you determine to purchase. If you have a question or complaint regarding this website, you may contact us at Customer Service by using our contact form. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.