terms of service
Hohmcoming (“us”, “our”, “Hohmcoming”, or “we”) provides this website to you under the following terms and conditions (“Terms of Use”). Our Privacy Policy, which outlines how we collect and use information from visitors to our website and our customers, is incorporated by reference in these Terms of Use. By using our website and/or submitting any information to us, you consent to and agree to be bound by these Terms of Use and our Privacy Policy.
Our website can be accessed from the domain name https://www.hohmcoming.com/
Account Registration
In order to access certain features of the website you must register to create an account. You must complete the registration process by providing us with your current, complete and accurate information. You will also choose a password and username not to be shared with anyone else.
You are solely responsible for maintaining the confidentiality of your password and account information. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You will not share your password, allow anyone other than yourself access to your account, or do anything else that may jeopardize the security of your account. You will not transfer use or ownership of your account to anyone without first obtaining our written permission.
General Guidelines
You are wholly and completely responsible for any and all activity related to your account. You warrant and represent that all information you provide to us or through the website is accurate, complete and truthful. You also agree that your account is for your use only and will not be shared with anyone else. We reserve the right to terminate or suspend your account if any information provided to us proves to be incomplete or inaccurate or if you share your account information with anyone else. All individual persons viewing and using content on our website must have their own account.
We grant the operators of public search engines a limited, non-exclusive non-transferable license to copy materials from our website for the purpose of creating publicly available, searchable indices of website information. Please do not distribute website content for commercial use.
We reserve the right to terminate or limit your access to the website and/or the licenses granted herein for any reason and at our sole discretion. You agree not to modify, damage, disrupt, disable, overburden, impair, alter or interfere with the use, features, functions, operation, security or maintenance of the website or the rights or use and enjoyment of the website by any other person or entity in any manner.
You are prohibited from transmitting any material on or through the website that, in our sole opinion, is or could be offensive, fraudulent, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials on the website or using our content in any way described above.
Transaction Options
Hohmcoming may offer the following purchase options through Digital Studio websites and applications:
Subscription
For a recurring fee, you may stream the programs offered within a producer’s subscription channel an unlimited number of times during your subscription period. Hohmcoming may add or remove programs from the channel at any time.
Purchase
After paying the stated fee, you may stream the program an unlimited number of times; if offered by Hohmcoming, you may download the program.
You are responsible for obtaining Internet access and a compatible, Internet-connected device to stream and/or download Programs via Producer websites and applications. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.
Payments
To make a purchase, you must provide a valid payment method. Subscriptions automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. If a purchaser offers a free-trial period, your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period. To pause or cancel a subscription, visit your account settings. Your changes will be applied to your next subscription period.
We may apply taxes to any charges. Prices and other terms of purchase are subject to change. If Hohmcoming provides you access to a Program on a free basis, such access will be deemed a “purchase” for the purpose of this agreement.
ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE. YOUR SUBSCRIPTION MAY BE CANCELLED AT ANY TIME.
Acceptable Use Policy
In using the Digital Studio Service, you will not:
Scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Digital Studio Service or any source code therein;
Attempt to circumvent any technical measures (including digital rights management) that we may employ;
Take any measures to interfere with or damage the Digital Studio Service;
Use the Digital Studio Service to transmit tortious, unlawful, infringing, and otherwise objectionable content;
Spam or harass Hohmcoming or any other user;
Use any fraudulent, deceptive, or misleading practices;
Collect personal information about Producers or other Hohmcoming users;
Engage in any commercial activities except as permitted by us; or
Engage in any illegal activities.
No Representations or Warranties
Information provided on the Site may not be complete or accurate. We do not endorse or represent the reliability or accuracy of any content or information distributed through or accessed from the Site, and shall not be liable for any decisions Visitors make based upon such information. You agree that any reliance upon any content or information distributed through or accessed from the Site is at your sole risk. We assume no liability or responsibility for any errors or omissions in the content of the Site.
We have not fully reviewed all of the links provided on the Site and are not responsible for the content of any off-Site pages. Clicking on hyperlinks and visiting any off-Site pages is done at your own risk.
Hohmcoming makes no representations or warranties concerning:
The availability of the Digital Studio Service in a particular jurisdiction.
The availability of the Digital Studio Service for any particular device, operating system, or browser.
The continued support for a particular feature of the Digital Studio Service.
The viewing quality of any Program. Hohmcoming does not guarantee that you will be able to use the Digital Studio Service or view any Program uninterrupted or error-free.
The continued availability of any Program or the availability of particular Program within a subscription channel.
Ownership of Content
All content and images on the website are either the property of, or used with permission by us. All content and images on the website are copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the website without our written permission. We neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties not owned or affiliated with us.
Digital Studio Service
Subject to the terms hereof, Hohmcoming grants you permission to use the Hohmcoming service, for the purpose of purchasing and viewing programs and classes for your personal entertainment. All rights not expressly granted by Hohmcoming are reserved.
Change or Termination
We may, without prior notice, change the Site, stop providing the Site, applications or services, or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of these Terms of Use. Upon termination of these Terms of Use or your access to the Site for any reason or no reason, you will continue to be bound by these Terms of Use which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Unsolicited Communications
You agree that any information that you transmit to the Site or us in any manner, is non-confidential and non-proprietary and can be used by us for any purpose. We are free to use any idea, concepts, know-how, techniques, etc. contained in any communication to the Site for any purpose.
Disclaimer of Liability
In using and browsing of the Site, you affirm that you are medically cleared to use our services and do so at your own risk. Neither we nor any other party involved in creating, producing, or delivering the Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
We assume no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
We reserve the right to remove any content from the Site or to restrict access to the Site for any reason without notice.
Jurisdiction
You use this Site at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws.
Binding Arbitration And Governing Law
Binding Arbitration with Hohmcoming
You and Hohmcoming agree that any dispute between you and Hohmcoming arising out of or relating to this Agreement or your use of the Digital Studio Service shall be resolved by BINDING ARBITRATION administered by JAMS.
Waiver of Class Action Claims
By agreeing to arbitrate your claims against Hohmcoming, (i) YOU GIVE UP YOUR RIGHT TO GO TO COURT AND HAVE YOUR CLAIMS TRIED BY A JUDGE OR JURY (except for matters that may be taken to small-claims court); and (ii) YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
Right to Bring Small Claims Actions
The one exception to the exclusivity of arbitration (whether against Hohmcoming) is that you have the right to bring an individual claim in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain any class action, class arbitration, or other representative action or proceeding.
Arbitration Rules
The arbitration proceeding shall be governed by the then-effective JAMS’ Comprehensive Arbitration Rules or Streamlined Arbitration Rules, depending on the amount in dispute, and JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses. You have the right to a fair hearing before a neutral arbitrator and the opportunity to participate in the process of choosing the arbitrator. The arbitrator shall have the right to award all remedies that court may award.
Court Proceedings
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation (except for small-claims court actions) shall be commenced only in the federal or state courts located in British Columbia. You hereby irrevocably consent to the jurisdiction of those courts for such purposes an action and, to the extent permitted by law, both Hohmcoming and you WAIVE ANY RIGHT TO A TRIAL BY JURY in such an action.
Governing Law
This Agreement shall be governed by the laws of the Province of British Columbia without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
Indemnification
You agree to indemnify, defend and hold us and any of our affiliates, and any of our or their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of these Terms of Use by you or arising from your use of the Site.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
Notification Procedures
We may provide notifications, including those regarding modifications to these Terms of Use, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our Site, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to visitors. Note that you may opt out of certain means of notification as described in these Terms of Use. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provided to us.
General
Our failure to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.
Miscellaneous
Except as expressly provided in these Terms of Use, there shall be no third-party beneficiaries to the Terms of Use. We shall have the right to assign our rights or delegate any of our responsibilities under these Terms of Use to an affiliate or in connection with our merger, consolidation or reorganization for the sale of substantially all of our assets.
These Terms of Use contain the entire understanding between you and us relating to the Site and our services. These Terms of Use supersede any other Terms of Use or agreement regarding the Site our services prior to the Effective Date below.
Disclaimer
Information contained in video content should not be misconstrued as medical advice. All information shared is the personal opinion of the instructor and may not necessarily represent the views of Hohmcoming.
These Terms of Use were last updated on April 20, 2022.