Terms of Use

This agreement is updated as of May 5, 2016, replacing all previous versions in their entirety.

HOLLER TERMS AND CONDITIONS OF USE: This Agreement (the “Agreement”) is a legal agreement between you (an entity or person) (“You”) and Holler, Inc., a Delaware corporation (referred to herein as Holler, “us”, and “our”) that governs Your limited, non-exclusive, terminable right to use the Holler.com website and related services (“Site”), the servers the Site is stored on, and the computer files stored on that server. By clicking on the “Accept” button, or otherwise using the Site or any of the services, You agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT CLICK ACCEPT AND CANNOT USE THE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

Holler may amend this Agreement from time-to-time. All amended terms automatically take effect on the sooner of the day You use the Service or 10 days after they are initially posted on the Site. Your use of the Site following the effective date of any modifications to this agreement will constitute Your acceptance of the Agreement, as modified. You agree that adequate notice constitutes an announcement made on the Site concerning any modifications to the Terms of Use, and that no further notice is required.

You may only use the Site and services provided by the Site given the fact that You are not less than 13 years of age and You are legally permitted to enter into a binding agreement.

Services Offered by Holler

Holler provides users the ability to (i) make or receive voice calls from a ten-digit phone number and (ii) send and receive SMS/MMS messages to groups or individuals by using ten-digit phone numbers provided by Holler through Twilio (the “Holler Phone Number”).

These services can be used from or accessed anywhere in the world and from any other device that can access the Internet. Additionally, Holler offers other services associated with providing voice calling and SMS/MMS messaging capability; such services are listed on Holler’s pricing page found at: https://www.holler.com/pricing, (all service offerings are cumulatively referred to herein as the “Service”).

To use the Service You must have valid phone service, cellular or otherwise, which is based in the United States or Canada. A segment of the voice offerings provided by the Services initiates a call to the personal phone number listed on Your account and, only after You accept that call, will it connect to the Holler contact You dialed. Although these calls use Your third-party phone service, they will appear on Your Holler contact’s phone as coming from the Holler Number. Alternatively, the Services can work completely over an internet connection using voice over internet protocol (“VoIP”) or your wireless plan’s data connection. Because Services may rely on Your internet service or data connection, Services may be subject to the limits of Your internet service or data connection.

You cannot use the Service to place certain calls, which include but are not limited to international, 1-900 or other toll calls, 911 and certain other N11 services (211, 311, 511), area code 500, 700, and 710 calls, 10-10-XXX dial-around calls, or international operator or directory assistance calls. Because the Service may rely on Your third-party service, any limitations in that service will also limit the manner in which You can use the Service.

1. Spam Policy

Spamming is not permitted on Holler.

“Spam” is any message, the principal purpose of which is to promote the sale of goods or services, including the content of a website which is operated on a commercial basis, or to promote a political purpose or objective, to the recipient, and consisting of advertising material for the lease, sale, rental, gift, offer, or other disposition of any realty, goods, services, or extension of credit, or advertising material for political purposes.

Holler maintains a zero tolerance policy regarding the delivery of Spam or unwanted commercial messages using the Service. Notwithstanding anything else in this agreement, You will not send, cause to be sent, or facilitate the sending of Spam using the Service. Accounts that send Spam or that we believe may be facilitating Spam may be suspended or terminated at the sole discretion of Holler. Holler may participate in the prosecution of Spammers.

You will not initiate a voice call or communication, send, cause to be sent or facilitate the sending of any message or mobile communications using the Service if the intended recipient has not given You “Prior Express Written Consent”, which is a written agreement signed by the intended recipient that authorizes You to deliver marketing messages using an automatic telephone dialing system or prerecorded message to the specific number authorized in the agreement. A marketing message or call recipient’s signature may be evidenced by any electronic or digital form of signature recognized under applicable state or federal law, including any signatures that satisfy the E-SIGN Act. You will keep copies of all written consent agreements for a period of at least four years from the last date that the consent was relied upon to initiate a call. You must receive Prior Express Written Consent from each intended recipient, irrespective of the fact that you may have had a previous business relationship with the intended recipient. Under no circumstances will You make a voice call, send Spam, or any other message where You obtained the consent of the recipient as a condition to a purchase.

You will include an automated interactive (voice or keypress) opt-out mechanism, announced or displayed at the beginning of the message and remaining available for activation during the entire message, that will immediately allow customers or potential customers to opt-out of receiving additional calls from You. You will automatically add the customer’s or potential customer’s number to Your do-not-call list and immediately disconnect the call when the opt-out mechanism is activated.

3. Limited License

Holler grants You a limited, revocable, non-exclusive, non-transferable license to use the Services for Your own individual, enterprise, and limited commercial use subject to the other terms of this Agreement. You agree not to resell the Services. You may not modify, reverse engineer, decompile or disassemble the Services. You may not copy, adapt, alter, modify, translate, or create derivative works of the Services without written authorization of Holler. You may not use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, obscene or that infringes the rights or intellectual property of others. You may not permit other individuals to use the Services, including, but not limited to, shared use via a network connection, except under the terms of this Agreement. You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Services. You may not circumvent or disable any technological features or measures in the Services for protection of intellectual property rights. You may not use the Services in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. Any such forbidden use shall immediately terminate Your license to the Services.

4. Use of Holler

In addition to other rules and regulations contained in these Terms of Use, You and anyone using Your Holler account are responsible for any use of the Services whether by website or mobile device. You agree not to access, copy, or otherwise use Services unless such use is authorized by this Agreement or authorized in writing. You agree that any information You provide to, or enter in order to use, Holler will complete and accurate. You will not use the Services is any illegal, abusive, interfering or otherwise unacceptable or inappropriate manner, including, but not limited to:

  • violating any law, regulation or other p ublished policy;
  • violating or infringing on intellectual property, privacy, or rights of another;
  • violating any agreement, rules or policies that govern the use of your mobile device;
  • transmitting any content that is illegal, abusive, harassing, racist, hateful, or in our sole discretion objectionable;
  • transmitting sexually explicit, pornographic, obscene, or other content which in our sole discretion we find objectionable;
  • selling, trading, reselling or otherwise exploiting for any unauthorized commercial purpose or transfer any Holler account;
  • stalking, harassing, or harming another individual; or impersonating another, misrepresenting or falsely identifying yourself. violating any applicable third party policies or requirements that Holler has communicated to you.
  • any conduct that violates the Mobile Marketing Association guidelines and/or best practices, carrier guidelines, or any other industry standards.
  • engaging in fraudulent activity with respect to third parties or otherwise using Your account to bypass phone identification systems such as those by classified advertising websites.
  • engaging in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
  • any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls, SMS/MMS messages, voice mail, or faxes; or
  • using SMS or MMS in a manner that is not designed to enhance or augment the person-to-person nature of communications.

5. Pricing, Charges, Billing and Usage

Holler will never charge You to use its Services unless You sign up for a monthly or annual subscription to use the Services (any subscription, monthly or annual, is referred to herein as “Subscription”), which requires You to affirmatively select a Subscription and purchase that Subscription by entering Your credit card information. You authorize Holler to charge and/or place a hold on Your credit card with respect to any unpaid charges related to Your use of the Subscription . You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and You agree that Your acceptance of this Agreement is authorization to the issuer of the credit card to pay all such amounts. You authorize Holler and/or any other company who bills products or services, or acts as billing agent for Holler to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to Your credit card until such amounts are paid in full. You authorize Holler and/or any other company who bills products or services, or acts as billing agent for Holler to bill You on either (i) a recurring monthly basis on the monthly anniversary of Your initial registration for a monthly Subscription or (ii) the annual anniversary of Your initial registration for an annual Subscription.

You authorize Holler and/or any other company who bills products or services, or acts as billing agent for Holler to bill You in a manner consistent with Your Subscription, starting on the date that You first register for a Subscription (the “Initial Subscription Date”). All monthly Subscriptions will be billed on a recurring monthly basis on the monthly anniversary of Your Initial Subscription Date. All annual Subscriptions will be billed on a recurring annual basis on the annual anniversary of Your Initial Subscription Date. Should You later decide to purchase additional Subscriptions, You will be billed the amount in full on the day that the additional purchase occurs (the “Additional Purchase Date”), after which, if a recurring purchase, the additional purchase will be billed on Your same Initial Subscription Date anniversary, consistent in the manner as described above.

All Subscriptions will automatically renew for successive terms of the same previous duration, requiring no additional action on Your behalf. Holler is not required to provide You notice of the automatic renewal. Should You desire to end the automatic renewal of Your Subscription, You must provide written notice to [email protected] detailing Your request to terminate (the “Termination Request”). In the case of a monthly Subscription, the Termination Request must be received no later than the date prior to the date of term renewal. In the case of an annual Subscription, the Termination Request must be received no later than the date prior to the date of term renewal.

All Subscriptions are non-refundable and charges to Your credit card will occur immediately upon the expiration of the prior pre-paid period, unless You provide a proper Termination Request, consistent in the manner as described above.Holler provides no refunds for ordered and unused services, or for ordered services that have been altered at Your request at any point in time within the current billing cycle. You will provide Holler with updated credit card information upon Holler’s request and any time the information You previously provided is no longer valid. You are solely responsible for maintaining and updating Your credit card information. Holler is not liable for any non-sufficient funds or other charges incurred by You as a result of such attempts to charge, and/or place holds on, Your credit card. If You mistakenly provide a debit card number, instead of a credit card number, You authorize all charges described herein to be applied to such debit card unless and until You provide a credit card number, and You agree that Holler is not liable for any fees incurred as a result of providing a debit card instead of credit card.

A) Cancellation of Your Subscription

For any Subscription, usage and monthly fees will be charged directly to the credit card You provide to Holler as specified in our pricing plans found at https://www.holler.com/pricing. Except as provided below, monthly Subscriptions and certain other charges are billed and charged one month in advance. Annual Subscriptions and certain other charges are billed and charged annually in advance, and there is no proration of such charges if Subscription is terminated on any day other than the last day of your billing cycle. There is no proration of such charges if service is terminated in the middle of Your billing cycle. You agree to pay the full Subscription price for the period of the Subscription purchased.

In the event that (i) You have a paid for a Subscription, (ii) You have not used the Services following the most recent charge for Your Subscription, and (iii) You request a cancellation of Your Subscription within 30 days of the most recent payment for Your Subscription (the “30-Day Window”), Holler will refund Your most recent payment. Outside of the 30-Day Window, Holler WILL NOT refund any amount You paid for a Subscription. For more information on how to submit a cancellation request, please visit this page: https://admin.holler.com/cancel

Should the page not be accessible for any reason, simply email us: [email protected] and we will promptly assist you with the cancellation process.

B) Airtime Billing

AIRTIME AND OTHER MEASURED USAGE (“CHARGEABLE TIME”) IS BILLED IN FULL-MINUTE INCREMENTS, AND ACTUAL AIRTIME AND USAGE ARE ROUNDED UP TO THE NEXT FULL-MINUTE INCREMENT AT THE END OF EACH CALL FOR BILLING PURPOSES. WE CHARGE A FULL MINUTE OF AIRTIME USAGE FOR EVERY FRACTION OF THE LAST MINUTE OF AIRTIME USED ON EACH WIRELESS CALL. UNLESS OTHERWISE PROVIDED IN YOUR SUBSCRIPTION, MINUTES WILL BE DEPLETED ACCORDING TO USAGE IN THE FOLLOWING ORDER: Chargeable Time begins for outgoing calls either (i) when You place an outgoing call over VoIP or Your wireless plan’s data connection or (ii) when You answer the incoming Holler call to Your personal phone number. Chargeable Time begins for incoming calls when a signal connection from the caller is established with our facilities. Chargeable Time ends after the call has ended, either by You, the person You are speaking with, or due to a technical malfunction, but not until Your signal of call disconnect is received by us and the call disconnect signal has been confirmed.

All outgoing calls for which we receive answer supervision or which have at least 30 seconds of Chargeable Time, including ring time, shall incur a minimum of one minute airtime charge. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Chargeable Time may include time for us to recognize that only one party has disconnected from the call, time to clear the channels in use, and ring time. Chargeable Time may also occur from other uses of our facilities, including by way of example, voicemail deposits and retrievals, and call transfers. Calls that begin in one rate period and end in another rate period may be billed in their entirety at the rates for the period in which the call began.

If You select a Subscription to the Services that includes a predetermined allotment of Services (for example, a predetermined amount of airtime or messages), unless otherwise specifically provided as a part of such Subscription, any unused allotment of Services from one billing cycle will not carry over to any other billing cycle. We may bill You in a format as we determine from time to time. Additional charges may apply for additional copies of Your bill, or for detailed information about Your usage of Services.

You also remain responsible for paying Your monthly Service fee if Your Service is suspended for nonpayment.

You agree that for amounts not paid by the due date, we may charge, as a part of its rates and charges, and You agree to pay, a late payment fee of 10% or the maximum allowed by law. In the event You fail to pay billed charges when due and it becomes necessary for us to refer Your account(s) to a third party for collection, we will charge a collection fee at the maximum percentage permitted by applicable law, but not to exceed 18% to cover our internal collection-related costs.

No charges to Your personal voice plan (cellular or otherwise) will be incurred when using the Services unless (1) You use Your personal phone to text to the Holler number to disseminate an SMS/MMS message to a group; (2) a person messages Your Holler number and You have enabled the SMS/MMS forwarding option in the account settings page; (3) You send a SMS/MMS message using Services to Your cellular phone; (4) You use the Services to bridge off of Your cellular plan to make voice calls, in which case Your carrier’s standard voice charges will apply; or (5) use Your wireless plan’s data connection in order to use the Services. In each of the mentioned cases, normal data and messaging rates may apply.

Recipients of SMS/MMS messages You sent and voice calls You made using the Services will be charged in accordance with the voice, data and messaging rates established by the recipient’s carriers.

C) Fair Use Policy

You are aware of the Holler Fair Use Policy (“FUP”), which grants Holler the ability to restrict the amount of messages, minutes and groups that can be sent or received per Subscription, per month or per annum. The FUP is intended to prevent fraud and abuse of the services provided by Holler, by preventing practices on Your behalf included, but not limited to (i) sharing subscriptions between individuals or entities; (ii) behavior inconsistent with normal subscription use; (iii) subscriptions used for telemarketing or call center operations; and (iv) use of the services beyond the reasonably considered threshold.

If You have chosen to use Twilio as your SMS messaging provider, all messages are inherently restricted by Twilio and not by Holler. However, we reserve the right to restrict the volume of messages sent by any account at any time as we feel necessary.

6. Portability and Reclaiming Numbers

If You are transferring an existing phone number to be Your Holler Phone Number for the Service (i.e., porting a number to us), You hereby authorize us or our agents to process Your order for our voice service and to notify Your existing provider of Your decision to switch Your services to Our service, and You represent that You are authorized to take this action. Not all telephone numbers are eligible for porting to us. Holler will charge, and You agree to pay, a ten-dollar ($10) fee to export Your Holler number to another service.

If Your Holler account remains inactive for thirty (30) days or more, we have the right to deactivate Your account and reclaim the Holler Phone Number that was assigned to You when You signed up to use the Services. If you are using your existing Twilio account with Holler, we will not reclaim the number, however we do have the ability to disable the number and reserve the right to do so.

7. Proprietary Rights

All right, title and interest in the Service and any content contained herein is the exclusive property of Holler, except as otherwise stated. Unless otherwise specified, this Service is for Your personal and limited commercial use only and You may print, copy and download any information or portion of the Site for Your personal use only. If You copy or download any information or software from this Site, You agree that You will not remove or obscure any copyright or other notices or legends contained in any such information.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products or services obtained from the Service, except for the purposes expressly provided herein, without Holler’s prior written approval.

All trademarks, trade names, service marks and logos are proprietary to Holler. Your use of any marks on the Site in any manner other than as authorized in these Terms and Conditions, or as authorized in writing by Holler, is strictly prohibited.

8. Content License

You grant Holler a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all rights that You have as the copyright owner in any content or feedback that You provided to us.

9. Disclaimer

THE MATERIALS ON Holler’S WEB SITE ARE PROVIDED “AS IS”. Holler MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, Holler DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEB SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE. Since the Service is dependent on the IP network, the availability of an adequate power supply, and correct equipment configuration, we do not guarantee that any portion of the Service will be continuous or error-free. You also acknowledge and understand that we cannot guarantee that IP based communications are completely secure. Therefore, the Service should not be used with any third-party services or devices such as MONITORED BURGLAR ALARMS, MONITORED FIRE ALARMS, AND/OR MEDICAL MONITORING SYSTEMS OR DEVICES.

10. Limitations

In no event shall Holler or its suppliers be liable for any consequential, indirect, special, punitive or similar damages, including loss of data or profit, or business interruption, arising out of the use of, or inability to use, the Service, even if Holler or a Holler authorized representative has been notified orally or in writing of the possibility of such damage. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Holler OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED $100.

Any cause of action You may have with respect to Your use of the Site and service provided by the Site must be commenced within one (1) year after the claim or cause of action arises. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to You.

11. Revisions

The materials appearing on Holler’s Site may include technical, typographical, or photographic errors. Holler does not warrant that any of the materials on its Site are accurate, complete, or current. Holler may make changes to the materials contained on its Site at any time without notice. Holler however, makes no commitment of any kind to update the materials.

12. Assumption of Risk

You use the Internet solely at Your own risk and subject to all applicable local, state, national, and international laws and regulations. While Holler has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from a Site over the Internet cannot be guaranteed. Accordingly, Holler is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Holler shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Site.

Any material downloaded or otherwise obtained through the use of the Site is done at Your own discretion and risk. You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.

13. Your Responsibility to Protect Data and Password

It is Your responsibility to protect Your personal data and maintain the confidentiality of Your user information and password. You are also responsible for immediately notifying Holler of any unauthorized use of Your account, or breach of Your account information or password. Holler will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, You shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney’s fees for Your failure to safeguard user and password information and/or promptly notify Holler about unauthorized use of Your account or breach of Your account information or password.

The Site may include links to certain website, materials, or content developed by third parties. Holler has not reviewed all of the sites linked to its Internet Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Holler of the Site. Use of any such linked website is at Your own risk. Holler reserves the right in its sole and absolute discretion to discontinue links to any other sites at any time and for any reason.

15. Enforcing Security

Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. For Your protection, we reserve the right to view, monitor, and record activity on the Site without notice or further permission from You, to the fullest extent permitted by applicable law. This right extends to our review of message content and details pertaining to claimed violations of our Spam Policy. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site.

16. Compliance with Laws

You will use the Service in full compliance with all applicable laws and regulations with regard to Your use of the Services, to include, without limitation, the Telephone Consumer Protection Act, the Canadian Anti-Spam Legislation, the Telemarketing Sales Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, individual state laws, and all other laws and regulations concerning privacy, telemarketing, Internet marketing and the transmission of electronic communications. You will not use the Service in violation of any service agreement that You have with a third-party telecommunications provider.

17. Indemnity

You will indemnify and hold Holler, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of this Agreement, Your violation of any law, or the rights of a third party.

18. Termination of License

Holler may terminate Your right to use the Service with or without cause at any time, including when we feel that You are taking advantage of messaging offered under a Subscription. You may also terminate this Agreement by simply discontinuing use of the Service. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement. In the event of any termination of this Agreement, the limitations on Your use of the Services as set forth in Section 3 shall survive such termination, and You agree to be bound by those terms.

19. Governing Law

ANY CLAIM RELATING TO Holler’S SITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL. IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION FINDS ANY PROVISION OF THIS AGREEMENT, OR A PORTION THEREOF, TO BE UNENFORCEABLE, THAT PROVISION SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMISSIBLE SO AS TO AFFECT THE INTENT OF THIS AGREEMENT, AND THE REMAINDER OF THIS AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT. A PRINTED VERSION OF THIS AGREEMENT SHALL BE ADMISSIBLE IN JUDICIAL OR ADMINISTRATIVE PROCEEDINGS.

20. Waiver of Jury Trial

EACH OF THE PARTIES WAIVES ITS RIGHTS TO A TRIAL BY JURY OF ALL CLAIMS OR CAUSES OF ACTION (INCLUDING COUNTERCLAIMS) RELATED TO OR ARISING OUT OF THIS AGREEMENT BROUGHT BY EITHER PARTY AGAINST THE OTHER. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS OF OR MODIFICATIONS TO THIS AGREEMENT.

21. No Class Actions

All claims between the parties related to this Agreement will be litigated individually and You will not consolidate or seek class treatment for any claim with respect to the Services.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

22. Waiver of Compliance of this Agreement

Even if we do not require strict compliance with the Agreement in each instance, You will be obligated to comply with the Agreement. Our failure to enforce, at any time, any of the provisions, conditions or requirements of the Agreement, or the failure to require, at any time, performance by You of any of the provisions of the Agreement, will in no way waive Your obligation to comply with any of the provisions of the Agreement or our ability to enforce each and every such provision as written.

Any and all waivers by Holler of any provision, condition or requirement of the Agreement will only be effective against Holler if it is in writing and signed by an authorized officer of Holler, and any such written waiver will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

23. Assignment and Delegation

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to You. We may also substitute, by way of unilateral novation, effective upon notice to You, Holler, Inc. for any third party that assumes our rights and obligations under this Agreement.

24. No Injunctive Relief

In no event shall You seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.

25. Contacting Users

By using Services, You agree that we may contact You via voice call, SMS/MMS message or other electronic medium. In the event that any information You have provided to Holler changes, including but not limited to, Your phone number, e-mail or address, You agree to promptly update Your information.