Terms of Service - Hose-McCann Communications

Last updated: April 21, 2025

1. Acceptance of Terms; Modification of Terms

The website located at https://www.hosemccann.com/ (the “Platform”) is a copyrighted work belonging to Hose-McCann Telephone Co., Inc. (dba Hose-McCann Communications), a Florida corporation (the “Company”, “Hose-McCann”, “us”, “our”, or “we”). Certain features of the Platform may be subject to additional guidelines, terms, or rules, which will be posted on the Platform in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Service.

These terms of service and all other terms and conditions or documents incorporated by reference herein (collectively, the “Terms of Service” or “Terms”), constitute a legally binding agreement between Hose-McCann and each registered or unregistered end user (each, a “User”, “you” or “your”) of the Platform. By accessing and using the Platform and/or providing your name and email address on the Platform, you are deemed to have read, accepted, executed and be bound by these Terms of Service and to have consented to all actions that we take with respect to your data consistent with the terms hereof. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Hose-McCann for products, services or otherwise (any such agreement, a “Definitive Agreement”) and in the event of any conflict between these Terms and the terms and conditions contained in a Definitive Agreement, the terms and conditions contained in such Definitive Agreement shall prevail.

Hose-McCann may change or amend these Terms of Service at any time in its sole and absolute discretion. We encourage you to review these Terms of Service carefully and to check these Terms of Service periodically for any updates or changes. While we make reasonable efforts to provide accurate and timely information about Hose-McCann on the Platform, you should not assume that the information is always up to date or that the Platform contains all the relevant information available about Hose-McCann. You agree that we may provide notices, disclosures and amendments to these Terms by electronic means, including by changing these Terms by posting revisions on the Platform.

Hose-McCann may, from time to time, release new versions of the Platform, or release/introduce new tools, products, services, functionalities, and/or features for the Platform or Products (defined below) for purchase through the Platform, which will be subject to these Terms of Service, and any additional terms of service as may apply to such additional versions, tools, products, services, functionalities, or features.

IF ANY PROVISION OF THESE TERMS OF SERVICE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE PLATFORM AND DO NOT PROVIDE YOUR NAME OR EMAIL ADDRESS. YOUR CONTINUED USE OF THE PLATFORM SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE.

2. Platform License

Hose-McCann hereby grants you a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicensable, right and license to access and make personal use of the Platform and the Platform Content (defined below) solely as permitted by the tools, products, services, functionalities and/or features made available to Users of the Platform, subject in all respects to these Terms of Service, and not for redistribution of any kind (the “Platform License”). This Platform License does not include any resale or commercial use of (i) the Platform, (ii) any Registration Data (defined below), and (iii) any content, materials, information, text, data, copyrights, Trademarks, logos, designs, insignia, images, photos, sound recordings, screenshots, videos, graphics, identifying marks, Platform pages, software, and other original works of authorship and/or intellectual property uploaded to, or incorporated into, the Platform by or on behalf of Hose-McCann (collectively, “Platform Content”), which Platform Content is and shall remain the sole and exclusive property of Hose-McCann (or the applicable third-party licensor thereof).

As between any User and Hose-McCann, Hose-McCann retains all right, title and interest in and to the Platform, throughout the world, in perpetuity, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Platform, (iii) all other materials and content uploaded or incorporated into the Platform, including, without limitation, all Platform Content, (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world; and (v) the coordination, selection, arrangement and enhancement of such Platform IP as a Collective Work under the United States Copyright Act, as amended (collectively, “Platform IP”), and nothing contained herein shall be construed as creating or granting to any User any right, title or interest in and to such Platform IP other than the express license granted therein pursuant to these Terms of Service. Platform IP is protected in all forms, media and technologies now known or hereinafter developed as well as by the domestic and international laws of copyright, trademarks, patents, and other proprietary rights and laws.

The Company trademarks, service marks, and logos (the “Company Trademarks”) used and displayed on the Platform are Hose-McCann’s registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with the Company Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks in any manner not expressly permitted by these Terms of Service (including, for the avoidance of doubt, all other provisions incorporated by reference in these Terms of Service), including but not limited to uses which would disparage the Company or the applicable third-party, Hose-McCann’s or a third party’s products or services (including, without limitation, the Platform and the Products), or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Additionally, you may not use any Trademarks as part of a link to or from the Platform without Hose-McCann’s prior express written consent. All goodwill generated from the use of any Trademark will inure solely to the benefit of Hose-McCann or the applicable third-party owner thereof.

Your violation of this Platform License may result in infringement of intellectual property and contractual rights of Hose-McCann or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.

3. Additional Platform License Rules

In return for the Platform License granted to you herein, you acknowledge and agree that we may generate revenues, increase goodwill, or otherwise increase the value of Hose-McCann from your use of the Platform, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, and usage data, and you will have no right to share in any such revenue, goodwill or value whatsoever.

Notwithstanding anything to the contrary contained herein, you acknowledge and agree that: (i) the Platform License does not grant you, and you do not obtain, any copyright or other interest in and to any Platform Content or other Platform IP; (ii) the Platform License does not grant you, and you do not obtain, any intellectual property interest in any Products or other Hose-McCann intellectual property; and (iii) the Platform License does not grant you any copyright or other interest in and to any third party intellectual property rights. Additionally, any uses of any Platform Content or intellectual property by you that are not expressly authorized under these Terms of Service are subject to all rights of the applicable intellectual property owners thereof in law and in equity, and all rights are expressly reserved by such applicable intellectual property owners thereof.

4. Product Warranty

Hose-McCann hereby warrants to any User that purchases a Product directly from Hose-McCann following submission of an RFQ through the Platform (each such User, a “Primary Purchaser”), that such Products manufactured by Hose-McCann will be free from defects in material or workmanship under normal use and proper application (the “Warranty”).

This Warranty shall not apply to Products or any part thereof which has been subject to accident, negligence, alteration, abuse, misuse or improper installation. This Warranty does not extend to finish or appearance.

Hose-McCann’s obligation under this Warranty shall be limited to the repair or replacement, free of charge, of any part or parts, which may thus prove defective under normal use and proper application within one (1) year from the date of delivery of such Product to the Primary Purchaser. This Warranty shall apply to repairs made by Hose-McCann Communications for (90) ninety days from the date of delivery.

Any claims under this Warranty must be made in writing, describing the Product and the specific nature of the claim. No material, including return of any Products, will be accepted by Hose-McCann without its prior written consent and a return authorization number.

All transportation and documentation charges incurred pursuant to this Warranty shall be borne by the Primary Purchaser.

With respect to the Products, this Warranty is expressly in lieu of all other warranties expressed or implied including the warranty of merchantability and fitness for use, and of all other obligations or liabilities on the part of Hose-McCann with respect to any person, firm, corporation, or any other liability in connection with the Products.

5. Limitations on Platform Use

The Platform and Platform Content may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the tools, products, services, functionalities and/or features made available to Users of the Platform, or without the express prior written consent of Hose-McCann and/or the applicable third-party owner thereof, in each instance.

Without limiting the foregoing, while using the Platform, you may not conduct any of the following activities:

Defame, abuse, harass, stalk, threaten, bully, or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of Hose-McCann, or use information learned from the Platform to otherwise defame, abuse, harass, stalk, threaten, bully, intimidate or mislead, or otherwise violate the legal rights of Hose-McCann outside of the Platform.
Use the Platform for any purpose in violation of applicable local, state, national, or international law.
Use or otherwise export or re-export the Platform or any portion thereof or the Platform Content in violation of the export control laws and regulations of the United States of America or European Union.
Impersonate another person or User or knowingly allow any other person or entity to use your identification or account to utilize the Platform.
Restrict or inhibit any other User from using and enjoying the Platform.
Imply or state that any statements you make are endorsed by Hose-McCann or any other User, without the prior written consent of Hose-McCann or such User.
Use a robot, spider, manual and/or automatic processes, or devices to data-mine, data-crawl, scrape or index the Platform in any manner.
Hack or interfere with the Platform, its servers or any connected networks.
Adapt, alter, license, sublicense or translate the Platform for your own personal or commercial use.
Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
Use the Platform to collect Registration Data by electronic or other means.
Use the Platform in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Hose-McCann’s trade secret information for public disclosure or other purposes.
Use, transfer, distribute or dispose of Platform IP or any intellectual property relating to the Products in any manner that could compete with the business of the Company.
Cause or induce any third-party to engage in the restricted activities above.

The Platform License granted to you in these Terms of Service terminates automatically upon any unauthorized use of the Platform and the Company will take appropriate investigative and legal action for any illegal or unauthorized use of the Platform. You acknowledge that violation of any of the above restrictions may subject you to third-party claims and none of the rights granted to you in these Terms of Service may be raised as a defense against any third-party claims arising from any such violation.

If you learn of any User who has violated these Terms of Service and any of the Platform usage restrictions set forth above, please email us at info@hosemccann.com. Hose-McCann may, but is not obligated to, take any of the actions set forth in Section 7 below against Users who violate any of the above restrictions.

6. Representations and Warranties.

You represent and warrant that that you have the right, authority and capacity to enter into, and to be bound by, these Terms of Service and to abide by the terms and conditions of these Terms of Service, and that you will so abide. The Platform is only available to persons who are eighteen (18) years or older (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence).

You represent and warrant that: (i) all Registration Data and other information that you submit onto the Platform, is true, accurate, current and complete; (ii) that you are the sole owner of all right, title and interest in, or have obtained all necessary rights and licenses from the applicable third-party owner of information you submit onto the Platform to grant Hose-McCann the rights set forth herein, free and clear any of further payment or attribution requirements; and (iii) that such information, when used for the purposes in which it is submitted onto the Platform, does not infringe upon the rights of any third-party, including, without limitation, contract rights, intellectual property rights, propriety rights and rights of publicity/privacy. You acknowledge and agree that you shall be solely responsible for all Registration Data and other information that you submit onto the Platform and that Hose-McCann reserves the right to reject, edit, modify, remove all or a portion of any such Registration Data or other information from the Platform that Hose-McCann determines, in its sole discretion, does not comply with these Terms of Service, or for any other reason, without notice or liability to you.

You represent and warrant that any Registration Data and other information that you submit onto the Platform: (i) will not be fraudulent; (ii) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (iii) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (iv) will not be obscene; (v) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (vi) will not create liability for Hose-McCann or cause Hose-McCann to lose (in whole or in part) the services of its Internet service providers (ISPs) or other partners or suppliers.

7. Unlawful Activity; Suspension and/or Termination of Platform Access

We reserve the right to investigate complaints or reported violations of the Terms of Service and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Users’ e-mail addresses, usage history, IP addresses, and traffic information.

We further reserve the right, in our sole discretion and without notice or liability to you to suspend or terminate your use of, or access to, the Platform (either in whole or in part), at any time for any reason with any conditions, including, but not limited to, if we believe that you have violated or acted inconsistently with these Terms of Service or any applicable law or that you have engaged in conduct that we determine to be inappropriate or unacceptable in our sole discretion. We may also suspend or terminate your access to the Platform, or remove, block, hide or otherwise delete any content you upload to the Platform, if you file any claim against Hose-McCann or file any claim that involves the Platform. We also reserve the right, in our sole discretion, to seek and obtain any other remedies available to us pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Service or any other act or omission by you that gives rise to a claim by Hose-McCann and our suspension or termination of your use of, or access to, the Platform, shall be without prejudice to, and shall not be deemed a waiver of, the foregoing. In the event your right to use the Platform terminated, limited, or suspended, these Terms of Service will remain in effect and enforceable against you.

You may terminate these Terms of Service at any time by ceasing all use of the Platform.

Notwithstanding the foregoing, all sections of these Terms of Service which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Service.

8. Intellectual Property

The interfaces, graphics, design, firmware, software, services, and all other elements of the Products (“Materials”) are protected by intellectual property and other laws. All Materials contained in the Products are the property of Hose-McCann or our third-party licensors. Hose-McCann reserves all rights to the Materials not granted expressly in these Terms.

User manuals, instructions and other material about product functions and specifics are Hose-McCann intellectual property. Users are licensed to use these materials only for the limited purposes of operating and using the Products. Unless otherwise authorized in these Terms of Service, you are not eligible to use or allow others to use the Materials or any part of the Materials by reproducing, transferring or selling the Materials.

You agree not to display or use in any manner any (i) trademark, service mark, logo, design, insignia, trade dress, slogan, or other brand features, either registered under the laws of the United States or any other country or jurisdiction, or unregistered and existing at common law, belonging to Hose-McCann or any third-party, or (ii) any text, image, video, or other item of content, that violates any other intellectual property right of any third-party, including, without limitation, any right of privacy or publicity, unless you obtain Hose-McCann’s or such third-party’s prior written permission.

Hose-McCann reserves the right to remove any Platform Content that allegedly infringes another party’s trademark, service mark or other intellectual property rights. Hose-McCann will terminate, in appropriate circumstances, Users who are repeat infringers of another party’s trademark or service mark. Notices to Hose-McCann regarding any such alleged infringement should be directed to Hose-McCann via email at: info@hosemccann.com and shall include all the same information required to be included in any copyright infringement notice as required by 17 U.S.C. §512(c)(3).

Hose-McCann does not provide a counter-notice or appeal mechanisms for claims of trademark infringement and disclaims any liability for claims you might make regarding mistaken or misidentified trademark infringement notice and takedown requests.

9. Disclaimer of Platform Warranties; Limitation of Liability

You hereby release and forever discharge Hose-McCann, its members, managers, subsidiaries, affiliates, licensors, partners in promotions or other business, or any of such parties respective agents, employees, officers, directors, managers, members, vendors, third party licensors, corporate partners, participants successors and assigns (collectively, the “Company Parties”) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Platform (including any interactions with any third party links, advertisements or other content). TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HOSE-MCCANN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENTNESS, COMPLETENESS OR RELIABILITY OF ANY PLATFORM CONTENT PROVIDED THROUGH THE PLATFORM OR THIRD-PARTY CONTENT LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. HOSE-MCCANN DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND HOSE-MCCANN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

WITHOUT LIMITING THE FOREGOING, NEITHER HOSE-MCCANN NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR THAT THE PLATFORM WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM. NEITHER HOSE-MCCANN NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER HOSE-MCCANN NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. HOSE-MCCANN AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

YOU ACKNOWLEDGE AND AGREE THAT HOSE-MCCANN IS ONLY WILLING TO PROVIDE THE PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD COMPANY PARTIES LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE USE OF ANY PRODUCTS, THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HOSE-MCCANN OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.

UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM OR THE PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY COMPANY PARTY IS LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

10. Dispute Resolution

Please read this Arbitration Agreement carefully. It is part of your contract with Hose-McCann and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any Product or service provided by Hose-McCann that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Section (the “Arbitration Agreement”). Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Hose-McCann, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods or Products provided under the Terms of Service.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: Hose-McCann Telephone Co., Inc., 1241 West Newport Center Drive, Deerfield Beach, Florida 33442. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms of Service. The JAMS Comprehensive Rules and Procedures (“Arbitration Rules”) governing the arbitration are available online at https://www.jamsadr.com/rules-comprehensive-arbitration/. The arbitration shall be conducted by a single, neutral arbitrator. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Time Limits. If you or Hose-McCann pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the Arbitration Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Hose-McCann, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Hose-McCann.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND HOSE-MCCANN WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Hose-McCann.
Small Claims Court. Notwithstanding the foregoing, either you or Hose-McCann may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Florida for such purpose.
If any part of this agreement to arbitrate is deemed invalid or inapplicable, you irrevocably waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or other combined basis.

11. Indemnification

You hereby agree to indemnify, defend and hold harmless the Company Parties from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third-party based on: (i) your use of, or inability to use, the Platform or the Products; (ii) any breach of any representation, warranty, covenant or obligation of yours under these Terms of Service or any other terms incorporated by reference herein; (iii) any Registration Data or content submitted by you onto the Platform; (iv) your violation of any applicable law or regulation; or (v) your violation of any third-party right, including, but not limited to, any intellectual property right. Hose-McCann shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon the Company’s request. Hose-McCann reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Hose-McCann.

12. Platform Access Requirements; Updates and Maintenance

Access to and use of the Platform requires a compatible mobile device/web browser and internet connection. It also requires that we have access to your device identifier and location information. Although we are working to ensure that the Platform is compatible across various devices, we cannot guarantee that the Platform will work with all devices.

It is your responsibility to ensure that your computer or mobile device complies with the requirements for accessibility. Your use of the Platform may vary in functionality, availability and quality depending on the type of the device and the operating system that you use and Hose-McCann accepts no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software).

It is your responsibility to pay for all costs and expenses that you may incur while using the Platform (including, but not limited to, all telephone call or line charges or Internet data service access charges).

Your access to the Platform may be interfered with by numerous factors outside of Hose-McCann’s control including, but not limited to, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment or software defects. Hose-McCann is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Platform. In addition, perfect security does not exist on the Internet; Hose-McCann cannot and does not guarantee that any Registration Data or other personally identifiable information submitted to the Platform and selected by you to remain private (as applicable) will not become public under any circumstances.

Hose-McCann may in the future update the Platform for repair or maintenance purposes or to change any tools, products, services, functionalities, or features thereof (an “Update”). Hose-McCann shall not be liable to any User in any way as a result of any temporary or permanent suspension of the Platform or any tools, products, services, functionalities, or features thereof arising from or in connection with an Update. Furthermore, Hose-McCann is under no obligation to undergo an Update of the Platform to the extent any Platform Content and/or other tool, product, service, functionality, or feature thereof is out of date. The terms of the License granted to you hereunder shall apply in full to any Update. Following an Update, you may not be able to use the Platform until you have downloaded the latest version and accepted any new terms.

13. Privacy Policy

Click here to read about our privacy policy

14. Governing Law and Jurisdiction; Time Period for Disputes

The Terms of Service are governed by and construed in accordance with the internal laws of the State of Florida, without reference to principles of conflicts of laws, and any action arising out of or relating to these Terms of Service shall be filed only in the state or federal courts located in Broward County, Florida, USA and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts for the purpose of litigating any such action.

You agree that regardless of any applicable statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Platform, the Products or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever and fully barred.

15. Assignments

Hose-McCann may freely assign, sub-contract and/or otherwise transfer any or all of its rights and/or obligations under these Terms of Service to any company, firm or person. You may not transfer your rights or obligations under these Terms of Service to anyone else.

16. Waiver and Severability of Terms; Entire Agreement

These Terms of Service and any other terms or conditions incorporated by reference herein constitute the entire agreement between you and us regarding the use of the Platform and the Products, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

17. Open Source Software

The Platform may contain certain open source software. Each item of open source software is subject to its own applicable license terms.

18. Electronic Communications; Feedback

The communications between you and Hose-McCann use electronic means, whether you use the Platform or send us emails, or whether Hose-McCann posts notices on the Platform or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Hose-McCann in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Hose-McCann provides to you electronically satisfy any legal requirement that such communications would satisfy if it were required to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

If you choose to contribute by sending us or our employees, agents or representatives any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. By sending us Feedback, you agree that: (i) Hose-McCann has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; (ii) Feedback is provided on a non-confidential basis, and Hose-McCann is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and (iii) you irrevocably grant Hose-McCann a perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

19. Company Contact Information

Hose-McCann Telephone Co., Inc.
1241 West Newport Center Drive
Deerfield Beach, Florida 33442
Phone: 954-429-1110
Fax: 954-429-1130