Holt of California Terms of Use

Last Updated: November 2, 2026

Welcome to the main website of Holt of California and its affiliated entities (collectively, “HOC Holdings”). These Terms of Use (these “Terms of Use”) contain the terms and conditions that govern your access to and use of the HOC Holdings websites, including: 1) www.holtca.com, www.holtlift.com, www.holtags.com, www.holtpowersports.com and www.sitechwest.com (the “Sites”); 2) all networked websites operated by HOC Holdings (except as expressly supplemented or superseded) and 3) all data, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code made available by or through the Sites (“Content”), unless otherwise specified.

This is an agreement between you or the entity you represent (“you”) and HOC Holdings, Inc, a California corporation, and its affiliated entities and subsidiaries (collectively, “HOC Holdings,” “we,” “us,” or “our”), with its principal offices located at 7310 Pacific Ave, Pleasant Grove, CA 95668. HOC Holdings is willing to grant access to and use of the Sites to you solely upon your acceptance of all of the terms and conditions of these Terms of Use without modification.

YOUR USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SITES.

BY ACCESSING OR USING ANY SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE AND ARE REPRESENTING THAT YOU ARE AUTHORIZED TO ACCESS AND USE THE SITES AND ARE LAWFULLY ABLE TO ENTER INTO THESE TERMS OF USE AND HAVE THE LEGAL AUTHORITY TO BIND ANY ENTITY YOU REPRESENT. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THE AGE OF MAJORITY IN YOUR JURISDICTION, WHICHEVER IS GREATER. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE ANY SITE.

We reserve the right, in our sole discretion, to update or modify these Terms of Use at any time without prior notice to you. Changes will be effective immediately upon posting. It is your responsibility to check these Terms of Use periodically for changes. Your continued access to and use of the Sites following the posting of any changes to these Terms of Use constitutes your acceptance of those changes. Please review the most current version of these Terms of Use at any time at www.holtca.com/termsofuse, www.holtlift.com/termsofuse, www.holtags.com/termsofuse, www.holtpowersports.com/termsofuse, and www.sitechwest.com/termsofuse. We also reserve the right, in our sole discretion, to discontinue, suspend, or modify any or all of the Sites at any time, with or without notice, and without liability to you.

Networked Websites

HOC Holdings uses holtca.com, holtlift.com, holtags.com, holtpowersports.com, and sitechwest.com as an entry into many networked websites operated by HOC Holdings and its subsidiaries (“Networked Sites”). Except as expressly supplemented or superseded (see below), these Terms of Use apply to all Networked Sites and control your use thereof.

Additional or different terms and conditions may apply to certain Networked Sites. Such additional or different terms and conditions will be posted on the relevant Networked Sites. If a Networked Site has imposed additional or different terms and conditions, the provisions of that Networked Site shall control in the event of a conflict with these Terms of Use.

HOC Holdings makes no representation that the Sites, Networked Sites or Content are appropriate, legal, or available for use in any particular location or jurisdiction outside the United States.

Use of HOC WebSites (“Sites)

You may access and use the Sites solely in accordance with these Terms of Use. You will strictly adhere to all laws, rules, regulations and HOC Holdings policies applicable to the access and use of the Sites, including those laws, rules and regulations that apply to online conduct, online content, and the export of data to and from the United States and your country of residence. In addition you will not:

Access, acquire, copy or monitor any portion of any Site, or in any way reproduce or circumvent the navigational structure or presentation of any Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through any Site, including through the use of any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process.
Attempt to gain unauthorized access to any portion or feature of any Site, or any other systems or networks connected to any Site or to any server, including by hacking, password “mining” or any other illegitimate means.
Probe, scan or test the vulnerability of any Site or any network connected to any Site, nor breach the security or authentication measures on any Site or any network connected to any Site.
Reverse look-up, trace or seek to trace any information on any other user of or visitor to any Site, or any other customer of HOC Holdings, including but not limited to personal identification or information.
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any Site or HOC Holdings’ systems or networks, or any systems or networks connected to any Site or to HOC Holdings.
Use any device, software or routine to interfere or attempt to interfere with the proper working of any Site, any transaction being conducted on any Site, or with any other person’s use of any Site.
Distribute viruses or any other technologies that may harm HOC Holdings or the interests of property any other person or entity, including any other user of any Site.
Circumvent or manipulate our fee structure, the billing process or fees owed to HOC Holdings, its customers or its business associates. Forge or manipulate identifiers to disguise the origin of any message or transmittal you send to HOC Holdings on or through any Site. Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Use any Site for any purpose that is unlawful, prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of HOC Holdings or others.
Use any Site to collect or harvest any personal information about other users without their express consent.
Use any Site to transmit any unsolicited commercial communications in violation of applicable law.
Frame or mirror any portion of any Site without HOC Holdings’ prior written consent.

HOC Holdings reserves the right, in its sole discretion and without prior notice, to investigate and take appropriate legal action against anyone who, in HOC Holdings’ sole judgment, violates these provisions, including without limitation, reporting such conduct to law enforcement authorities and terminating access to the Sites.

Intellectual Property Rights

Except to the extent expressly provided in these Terms of Use under the heading “Grant of License”, you agree and acknowledge that:

HOC Holdings owns or licenses any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary or moral rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide (“Intellectual Property Rights”) in connection with or relating to the Sites and Content, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content or contained on the Sites (“HOC Holdings IP”).
You have no right, license, or interest in any Intellectual Property Rights in connection with or relating to any Site or Content.
HOC Holdings owns all right, title and interest in and to any replacements, improvements, updates, enhancements, derivative works and other modifications (including, without limitation, the incorporation of any ideas, methods or processes provided by or through you) to HOC Holdings IP made by any person, even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights. You will undertake any and all action necessary to vest such ownership in HOC Holdings, including without limitation assigning (and you hereby assign) to HOC Holdings all rights in and to such Intellectual Property Rights, including, without limitation, patent applications, patents, moral rights and copyrights arising from or relating to any Site or Content.
No part of any Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without HOC Holdings’ express prior written consent.
All marks that appear throughout the Sites and Content belong to HOC Holdings, or the respective owners of such marks, and are protected by U.S. and international trademark and copyright laws. Any use of any of such marks without the express written consent of HOC Holdings or the owner of the mark, as appropriate, is strictly prohibited.
HOC Holdings may, at its sole discretion, disable and terminate access to the Sites and Content by any persons or entity that may be infringing the Intellectual Property Rights of HOC Holdings or others. HOC Holdings further reserves the right to seek all available legal and equitable remedies, including injunctive relief and damages, against any person or entity that infringes its Intellectual Property Rights.
Any unauthorized use of HOC Holdings IP terminates the permissions or licenses granted by HOC Holdings under these Terms of Use.

Grant of License

HOC Holdings grants you a limited, non-exclusive, non-transferable, non-assignable license (without the right to sublicense) to access and use the Sites solely in a commercially reasonable manner for your legitimate internal business purposes and purposes otherwise consistent with these Terms of Use. This license does not include any resale or commercial use of any Site or Content; any collection and use of any product listings, descriptions, or prices; or any use of data mining, robots, or similar data gathering and extraction tools.

You may not:

Reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from any Site or Content.
Sublicense, lease, sell, rent, loan, or otherwise transfer any Site or Content to any third party.
Reverse engineer, de‑compile, disassemble, or otherwise attempt to derive the source code for any Site or Content.
Otherwise use or copy any Site or Content except as expressly allowed under this Grant of License and the terms of these Terms of Use; use any Site or Content in a “service bureau” or similar structure whereby third parties obtain use of any Site or Content through you; or remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with any Site or Content.

This license is conditioned on your continued compliance with these Terms of Use and will automatically terminate, without notice, if you breach any provision hereof. Upon termination of this license for any reason, you must immediately cease all use of the Sites and Content.

Copyright Agent

HOC Holdings respects the rights of all copyright holders and in this regard, HOC Holdings has adopted and implemented a policy that provides for the removal from its Sites of materials that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HOC Holdings’ Copyright Agent all of the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the complaining party.
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For notice of claims of copyright infringement in connection with any of the Sites, HOC Holdings’ Copyright Agent can be reached as follows:

Copyright Agent Attn. Marketing, 7310 Pacific Ave Pleasant Grove, CA 95668; Email: [email protected].

Please note that, pursuant to 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that certain material or activity is infringing may be subject to liability.

Submissions

Do not use this Site as a means of submitting information you consider to be proprietary. Except as otherwise expressly provided in the terms of use for your transactions with a Networked Site or in a written agreement with HOC Holdings applicable to your particular use of a Networked Site, any submission of materials by you will be considered a contribution to HOC Holdings for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to HOC Holdings, or postings on this Site, are non-confidential (subject to Holt of California Website Privacy Policy) and shall become the sole property of HOC Holdings. HOC Holdings shall own exclusive rights, including all Intellectual Property Rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to HOC Holdings, including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.

By submitting any materials to HOC Holdings, you represent and warrant that: (a) you own or have sufficient rights in the materials to grant HOC Holdings the rights described herein; (b) the materials do not infringe the intellectual property rights, privacy rights, or any other rights of any third party; and (c) the materials do not contain any content that violates applicable law or these Terms of Use. HOC Holdings shall have no obligation to treat any submission as confidential, to compensate you for any submission, or to respond to any submission.

Privacy

By accessing or using any Site, you confirm that you have received a copy of the specific Privacy Notice applicable to such Site (available from the Site) and that you understand and agree that your personal information will be collected, shared, and otherwise processed in accordance with the Privacy Notice and Privacy Statement. You acknowledge that HOC Holdings’ collection and use of your personal information is further described in the Holt of California Website Privacy Policy, which is incorporated into these Terms of Use by reference. To the extent there is any conflict between these Terms of Use and the Holt of California Website Privacy Policy with respect to personal information, the Privacy Notice shall control.

By using the Sites, you consent to the use of cookies and similar tracking technologies as described in our Holt of California Website Privacy Policy and Cookie Policy. You may disable cookies through your browser settings, but doing so may affect the functionality of the Sites.

Interactive Forums and User Materials

The Sites may, from time to time, include discussion forums and interactive areas. Without limiting any other provisions of these Terms of Use, by using the forums or interactive areas, you agree not to do any of the following:

Upload to, distribute or otherwise publish through any Site any message, data, information, text or other material (“User Materials”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
Upload or transmit any User Materials that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.

Upload or transmit any User Materials that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Materials. Without HOC Holdings’ written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam. HOC Holdings takes no responsibility and assumes no liability for any User Materials posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, HOC Holdings is only a forum and is not liable for any statements, representations, or User Materials provided by its users.

HOC Holdings has the right, but not the obligation, to monitor any activity and User Materials associated with its forums and interactive areas. HOC Holdings may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted User Materials. HOC Holdings reserves the right and has absolute discretion, to remove, screen or edit any User Materials that violate these provisions or is otherwise objectionable.

You shall remain solely liable for any messages or other User Materials you upload or transmit to any Site, including the discussion forums or interactive areas of any Site.

You hereby grant HOC Holdings a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any User Materials you post on or through the Sites, in any media formats and through any media channels, for any purpose. You waive any moral rights you may have in such User Materials.

Press Releases

The Content contained within press releases issued by HOC Holdings should not be deemed accurate or current except as of the date the release was posted. HOC Holdings has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

No Warranties

HOC HOLDINGS, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, AFFILIATES, AGENTS AND LICENSORS (THE “HOC HOLDINGS PARTIES”) DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF ANY SITE OR CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; (b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOC HOLDINGS PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, (1) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE, (3) WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITES AND CONTENT, AND (4) WARRANTIES THAT ACCESS TO OR USE OF THE SITES OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE; AND (c) THAT YOU WILL ACCESS OR USE THE SITES AND CONTENT OFFERINGS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR USE. NOTWITHSTANDING YOUR USE OF THE SITES AND CONTENT AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THEM (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF THE MACHINES, YOU ARE SOLELY RESPONSIBLE FOR, ASSUME ALL RISK RELATED TO, THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF THE MACHINES. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY GRANTED IN THESE TERMS OF USE.

HOC HOLDINGS EXPRESSLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY INFORMATION OR CONTENT DISPLAYED ON OR THROUGH THE SITES. HOC HOLDINGS DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. ANY INFORMATION PROVIDED ON OR THROUGH THE SITES IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON FOR ANY SPECIFIC PURPOSE WITHOUT INDEPENDENT VERIFICATION.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Limitation of Liability; Remedy

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE HOC HOLDINGS PARTIES BE LIABLE TO YOU OR A THIRD PARTY (INCLUDING ANY CUSTOMER) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, VIRUS INFECTIONS, SYSTEM OUTAGES AND THE LIKE) ARISING OUT OF, BASED ON OR RESULTING FROM THESE TERMS OF USE OR YOUR ACCESS TO, USE OF, MISUSE OF OR INABILITY TO USE ANY SITE OR CONTENT, EVEN IF HOC HOLDINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF ANY REMEDY PROVIDED UNDER THESE TERMS OF USE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS. IN NO EVENT SHALL HOC HOLDINGS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT THAT YOU HAVE PAID TO HOC HOLDINGS WITHIN THE SIC (6) MOST RECENTLY TERMINATED MONTHS FOR YOUR ACCESS OR USE OF THE RELEVANT SITE AND CONTENT, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

Indemnification

You agree to indemnify, defend and hold harmless each of the HOC Holdings Parties from and against any and all claims, lawsuits, demands, actions or other proceedings brought against it by any third party due to, arising out of or related to your (a) use of any Site (including any messages or other User Materials you may post or upload to any interactive forum), (b) violation of these Terms of Use, or (c) violation of any law, regulation or third party rights. You shall pay all costs, damages and expenses, including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by the HOC Holdings Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.

HOC Holdings reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify HOC Holdings, and you agree to cooperate with HOC Holdings’ defense of such claims. You agree not to settle any matter without the prior written consent of HOC Holdings. HOC Holdings will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Termination

HOC Holdings, in its sole discretion, may terminate your username and password and your right to access or use the Sites and Content at any time for any reason. The license granted herein will automatically terminate without further action of HOC Holdings if you breach these Terms of Use or you fail to comply with any of the restrictions as recited herein. Upon the termination of these Terms of Use for any reason, you will cease all use of the Sites and Content. The provisions under the headings No Warranties, Limitation of Liability; Remedy, Indemnification, Import and Export Compliance, Contractual Statute of Limitations, Dispute Resolution and Mandatory Arbitration, and Choice of Law; Severability shall survive the termination of these Terms of Use.

Termination of these Terms of Use shall not limit HOC Holdings from pursuing any other remedies available to it, including injunctive relief. HOC Holdings shall not be liable to you or any third party for any termination of your access to or use of the Sites.

Updating Sites

We reserve the right, in our sole discretion, to change any and all Sites and Content at any time without notice, including the removal of any Sites and Content. As new or enhanced versions of the Sites are made available, we may require that you update your current version of the related software. Unless otherwise explicitly stated by HOC Holdings, any new or enhanced versions of the Sites, Content and Services are subject to the terms of these Terms of Use.

Linked Sites

The Sites may contain links to other independent third-party Web sites or resources (“Linked Sites”). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under HOC Holdings’ control, and HOC Holdings is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. HOC Holdings makes no warranty or representation regarding, and does not endorse, any third-party website or the information, content, products, or services provided or displayed on or through such websites. HOC Holdings shall not be liable for any loss or damage of any sort incurred because of any dealings with, or as the result of the presence of, any third-party website linked to or from any Site. Any links to third-party websites do not imply any affiliation or sponsorship of such websites by HOC Holdings.

Import and Export Compliance

You may not use or otherwise export or re-export the Sites or Content except as authorized by United States law and the laws of the jurisdiction in which Site, Content and Service Offerings was obtained. In particular, but without limitation, the Sites and Content may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You represent and warrant that your access and use of the Sites and Content will not violate any such laws and that you are not located in any such country or on any such list. You also agree that you will not use any Site or Content for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

U.S. Government Rights

The Sites and Content are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Contractual Statute of Limitations

You agree that you will not assert against HOC Holdings any claim or make a demand for dispute resolution arising directly or indirectly under or in connection with these Terms of Use that relates to, or assert as a cause for action, any event which occurred more than 12 months after the earliest date on which the facts are based were or could, with the exercise of reasonable diligence, have been known to you. This contractual limitation period is in addition to, and does not replace or modify, any shorter limitations period that may be provided by applicable law. Any cause of action or claim you may have with respect to the Sites or Content must commence within one (1) year after the claim or cause of action arises, or such claim or cause of action is permanently barred.

Dispute Resolution and Mandatory Arbitration

All disputes, claims and controversies relating in any way to your use of the Sites or Content, or to any products or services sold or distributed by such Sites, or otherwise arising out of or relating to these Terms of Use will be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. A request for arbitration must be filed within the time period specified above under “Contractual Statute of Limitations.” In no event shall demand for arbitration be permitted after the date when the institution of legal or equitable proceedings based on such Dispute would be barred by the applicable statute of limitations. The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration the parties each waive any right to a jury trial. The parties agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights, or for the collection of delinquent accounts receivable.

BY AGREEING TO THESE TERMS OF USE, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE YOU FIRST ACCEPT THESE TERMS OF USE BY SENDING WRITTEN NOTICE TO HOC HOLDINGS AT THE ADDRESS LISTED UNDER “INQUIRIES” BELOW.

Claims shall be heard by a single arbitrator. Such individual shall (i) have been selected from the AAA’s list of potential arbitrators, (ii) have at least 10 years of experience in the discipline which is the subject of the Dispute, and (iii) be an attorney whose 10 years of experience has been in the realm of litigating and arbitrating issues which are of the subject of the Dispute. If the parties fail to mutually agree upon an arbitrator within 15 business days after receipt of the request to arbitrate, then the arbitration panel shall be selected by the administrative office of the AAA. Such office shall, within five days after notice by any party to these Terms of Use, select a single arbitrator who complies with the requirements otherwise set forth in this paragraph.

The place of arbitration shall be Sacramento County, California. The arbitration shall be governed by the laws of the State of California. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 120 days. Arbitrator(s) shall agree to these limits prior to accepting appointment. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The standard provisions of the Commercial Arbitration Rules shall apply. Arbitrators will have the authority to allocate the costs of the arbitration process among the parties but will only have the authority to allocate attorneys’ fees if a particular law permits them to do so. The award of the arbitrators shall be accompanied by a reasoned opinion.

Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided by the other party.

Notwithstanding any language to the contrary, the parties hereby agree that the Underlying Award may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.

Choice of Law; Severability

These Terms of Use shall be governed by the laws of the States of California and Oregon, U.S.A. (regardless of the laws that might be applicable under its principles of conflict of laws). Each party submits to the exclusive jurisdiction of the courts of that place. If any provision of these Terms of Use, or the application thereof, is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Terms of Use, all of which shall remain in full force and effect, and such other provisions will be interpreted so as best to reasonably effect the intent of the parties. The parties further agree to replace any such invalid or unenforceable provision with a valid and enforceable provision designed to achieve, to the extent possible under applicable law, the business purpose and intent of such invalid or unenforceable provision. The laws of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the States of California and Oregon, and of the United States. If any Content or User Materials on any Site, or your use of any Site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Failure by HOC Holdings to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HOC Holdings in writing. No waiver of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.

Disclaimer Regarding Site Content

THE CONTENT ON THE SITES IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. NOTHING ON THE SITES CONSTITUTES PROFESSIONAL, LEGAL, FINANCIAL, OR TECHNICAL ADVICE. HOC HOLDINGS MAKES NO REPRESENTATION OR WARRANTY THAT THE CONTENT IS ACCURATE, COMPLETE, CURRENT, OR FREE FROM ERRORS OR OMISSIONS. YOU SHOULD NOT RELY ON ANY CONTENT ON THE SITES WITHOUT INDEPENDENTLY VERIFYING IT. HOC HOLDINGS IS NOT RESPONSIBLE FOR ANY DECISIONS MADE IN RELIANCE ON CONTENT ON THE SITES.

Accessibility

HOC Holdings strives to make its Sites accessible to all users, including those with disabilities. If you experience difficulty accessing any Site, please contact us at the address or email listed under “Inquiries” below so that we may work to address your concern. This accessibility commitment does not create any legal obligation beyond what is required by applicable law.

No Relationship

Nothing in these Terms of Use shall be construed to create a partnership, joint venture, agency, employment, or franchise relationship between you and HOC Holdings. You have no authority to bind HOC Holdings to any obligation.

Force Majeure

HOC Holdings shall not be liable for any failure or delay in performing its obligations under these Terms of Use to the extent such failure or delay is caused by circumstances beyond HOC Holdings’ reasonable control, including without limitation acts of God, governmental actions, natural disasters, pandemics, civil unrest, strikes, power outages, internet service disruptions, or failure of third-party service providers.

TERMS OF USE