Terms of Use Agreement

Last Revised on August 6, 2026

This Terms of Use Agreement (the “ToU”) is made between Hammer Media, LLC (“Hammer Media,” “we,” “us,” or “our”) and you, the individual choosing to use our Online Services as defined below (“you,” or the “user”).

Our Privacy Policy is subject to this ToU. There are terms in the Privacy Policy that materially affect how your personal information is stored, accessed, and processed. As such, you should read our Privacy Policy in addition to this ToU.

Acceptance of ToU

We know these ToUs can be tedious to get through. However, by accessing our Online Services, it is understood that you agree to comply and be legally bound by the terms set out in this ToU, which is why you really should stick it out and read the whole thing.

Changes to Terms

From time to time, we may need to make changes to this ToU and may do so at any time. The date at the top of this ToU represents when this ToU was last revised. It is important to check this ToU from time to time to ensure that you are all caught up to date. By continuing to access or use our Online Services after a change has occurred, you agree to be bound by our updated ToU.

Online Services this ToU Covers

Hammer Media offers a downloadable application (the “App” or “Dollarwise”), where users can purchase a subscription (“Plans”), which allows users to make profiles, create budgets, and keep track of their spending. Separate premium add ons may also be available for purchase to increase the App’s capabilities (“Add Ons”, and together with any Plan, “Paid Offering(s)”). Paid Offerings can be purchased directly on the App or through the third-party app store where you downloaded Dollarwise. This ToU applies to our online services, including the App, our social media pages, and any future online services we develop (collectively the “Online Services”).

Services This ToU Doesn’t Cover

We love supporting our partners, and to show our appreciation, we may link to their websites and services. You may also see external links when you connect your third-party accounts to the App. We use Quiltt Inc. (“Quiltt”) and Plaid Inc. (“Plaid”) to provide this account connection feature in the App. When you click on one of these links, you are leaving Hammer Media, and this ToU no longer applies. The way our partners, or other third parties do business is out of our hands, and we assume no responsibility for the content, privacy policies, or practices of any third-party website or service. Please note that when you are using any other third-party platform to interact with our Online Services such as Google, Instagram, or Facebook, you agree to their service policies, and this ToU is in addition not in place of such agreements. Quiltt’s Terms of Service can be found [here/at https://www.quiltt.io/terms-of-services]. Plaid’s Service Agreement can be found [here/at https://plaid.com/legal/#all-audiences].

Conditions Before You Access Our Online Services

You are not permitted to use our App unless you are over the age of 18 or the age of majority to legally enter into a contract under the laws of your home country if that happens to be greater than 18. Additionally, all of our other Online Services are not targeted or intended to be used by people under the age of 18. All children between the ages of 13 and 17 must have permission from their parent or guardian before accessing our other Online Services. If you live outside of the United States, your country may apply stricter age limits. In some cases, even if you are older than 13, you may not be legally allowed to access our other Online Services regardless of having parental permission. You must be authorized to use our Online Services and enter into this ToU if you are acting on behalf of a company.

Financial Recommendations Disclaimer

The Online Services are intended only to assist you in your financial organization and decision-making and are broad in scope. We are not a financial institution, consumer reporting agency, creditor, credit repair company, credit counselor, debt consolidator, debt adjustor, loan servicer, or investment advisor or broker, or a “furnisher” of information to consumer reporting agencies, and our Online Services are not a consumer report. Any information provided to you through our Online Services is not intended to provide investment, financial, insurance, accounting, legal, tax, or any other kind of professional advice or services, and nothing on the App should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security, insurance policy, or investment strategy. Before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

User Accounts

Accounts

You can access some Online Services with or without an account; however, to access our App and certain features of the Online Services, you must create an account. If you would like to create an account, you will be required to provide us with some personal information, such as your email address, name, and password. Any personal information that you provide to us will be treated in accordance with our Privacy Policy.

When you create an account, you agree to only provide correct, current, and complete information. You are responsible for the accuracy of the data in your account, and we cannot be held liable in that respect.

Credentials and Security.

You may not share your account or password with anyone. You are fully responsible for protecting your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account, password, other credentials, or any other similar breach of security and cooperate with us to eliminate and mitigate any such unauthorized use or breach of security.

Third Party Accounts

In order to communicate via social media or interact with any of our other Online Services hosted by another third party, you may be required to provide personal information and, in some cases, create an account on such social media platform or with such third party (we have no control over these accounts). Any personal information that we receive will be treated per our Privacy Policy.

Information from Third Parties

You may choose to sync account information from third parties, including from banks, credit unions, and other financial services providers, to allow Dollarwise to retrieve information maintained online by those third parties (“Third-Party Account Information”), which may include your financial transactions, profile information, purchasing history, and more. Account linking, with your express permission, is powered by Quiltt Inc. and Plaid Inc. When you connect an account and approve access to specific data types for specific use purposes, you authorize Quiltt, Plaid and Dollarwise to access and receive such Third Party-Account Information. We do not access these third-party accounts directly and do not have access to your log-in information for such accounts.

Because this Third-Party Account Information is purely maintained by third parties, we cannot and do not make any effort to review the Third-Party Account Information for any purpose, including, but not limited to, accuracy, legality, or non-infringement. Likewise, we cannot always anticipate or prevent technical or other difficulties that may result in a failure to obtain data, loss of data, personalization settings, or other service interruptions.  Accordingly, we do not assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any of your data, communications or personalization settings.  Please refer to the Privacy Policy for more information about how this Third-Party Account Information is accessed and shared with us.

Suspension and Termination of Your Account

Involuntary Suspension or Termination of Your Account

We may notify you if we have a reason to believe that you have violated this ToU and may issue you a written warning outlining the behavior we believe is in violation. However, we reserve the right to suspend or terminate your account and prevent access to our Online Services at any time for any reason.

Voluntary Termination of Your Account

You are free to delete your account voluntarily at any time. However, if you have purchased a Paid Offering, that plan will only be valid for the time period set forth for the plan and paid for by you. You will be charged for the full duration of the subscription term that you selected regardless of any account deletion, and payments may be charged automatically through your device's app store in your opt-in to automatic payments. You may be required to provide notice of your termination before your next billing period in order to avoid being charged for such a billing period. Such notification requirements will be stated in the Paid Offering description. Deleting your account will mean that you will no longer be able to access the App. Information that you have previously provided to us will not be deleted along with your account unless you specifically ask for such information to be deleted and we are able to meet such request as determined at our discretion in accordance with the law and our Privacy Policy.

Paid Offerings

While you may access some elements of the Online Services for free; however, to access our App and certain features of the Online Services, you must purchase a Plan. You may also purchase available Add Ons to increase the capabilities of the App. Plans and some Add Ons are available at a monthly or annual rate, and some Add Ons may be available as a one-time purchase. Plans allow users to set up unlimited budgets, auto-sync certain Third-Party Account Information, and create custom categories to track their spending. The current inclusions for Paid Offerings will be stated at the time of purchase and may be updated at any time.

Promotional Offers

From time to time, we may offer a free trial or other promotional offer for certain features or elements of a Paid Offering (“Promotion”); the availability, duration, and terms of any such Promotion will be stated at the time it is made available and may be modified, limited, or discontinued at our discretion and without notice. Consider trying any Promotion we may make available to be sure you are selecting a commitment that works for you.

IF YOU WERE OFFERED A PROMOTION, IT WILL AUTOMATICALLY CONVERT TO THE PAID VERSION OF THE PAID OFFERING INDICATED AT SIGN-UP AT THE END OF THE PROMOTION PERIOD, AND PLANS AND CERTAIN ADD ONS WILL BECOME AUTO-RENEWING SUBSCRIPTIONS. Your payment method will then be charged the applicable price unless you cancel before the Promotion period ends, as further described below.

Paid Offering Pricing & Availability

The current one-time, monthly, or annual cost of the Paid Offering will be clearly marked in our App or otherwise through the Online Services. By purchasing a Paid Offering, you authorize us and, where applicable, the third-party app store through which you purchased, to charge your payment method in accordance with the terms applicable to such Paid Offering. Except as required by law, charges for Paid Offerings are non-refundable.

We reserve the right to remove any inclusions of any Paid Offering at our discretion and without notice, and we cannot guarantee that Paid Offerings will be available for any amount of time. However, once you purchase a Paid Offering, the terms of that Paid Offering will be honored by us, even if we remove a certain option during the term of your Paid Offering.

There may be times when we need to make changes to our pricing, and as such prices advertised are not guaranteed until a purchase has been made. The cost of the Paid Offering selected by you will be billed at the rate and at the times listed on the App or otherwise on the Online Services at the time of purchase. The cost of the Paid Offering is due upon purchase, and other than the option to choose an annual or monthly subscription, we do not offer any payment plans. When you select a Paid Offering, please remember that you are committing to payment of the listed amount for the listed term of the Paid Offering. Though you can cancel a Paid Offering at any time, you will remain responsible for the entire amount due for the term that you selected, including if you cancel monthly or annual Paid Offering before the end of that term.

Automatic Renewal and Price Changes

CERTAIN PAID OFFERINGS, INCLUDING PLANS AND SOME ADD ONS, ARE AUTOMATICALLY RENEWING SUBSCRIPTIONS. Unless you cancel before the end of your then-current subscription term, such Paid Offerings will automatically renew for successive periods equal to your original subscription term (monthly or annual, as applicable), and your payment method will be charged the applicable renewal price then in effect. By purchasing an automatically renewing Paid Offering, you authorize us and, where applicable, the third-party app store through which you purchased, to charge your payment method on a recurring basis for each renewal term until you cancel in accordance with the payment terms below.

You may cancel automatic renewal at any time through your account settings in the App or, where your subscription was purchased through a third-party app store, through the subscription management settings of that app store. To avoid being charged for the next term, you must cancel at least twenty-four (24) hours before the end of your current subscription term (or before the end of any Promotional period). Cancellation will take effect at the end of the current term, and you will continue to have access to the Paid Offering until that time. Except as required by law, we do not provide refunds or credits for partial subscription periods.

We may change subscription pricing before your subscription automatically renews. If we do, we will give you advance notice and, where required by law, obtain your consent, before the new price applies to you. The change will take effect on your next billing period after the notice period. If you do not agree, you may cancel before the change takes effect.

Paid Offering Descriptions

We strive to accurately describe our Paid Offerings with details of their inclusions; however, we make no warranties concerning the accuracy of such descriptions of any Paid Offering and we reserve the right to update them without notice and in our sole discretion.

Terms of Sale

By placing an order with us, you are offering to buy a Paid Offering, representing that you are of legal age to form a binding contract, and representing that all information you provided in connection with the order is true and accurate and that you are an authorized user of the payment method provided. When we send you an order confirmation, that is not an acceptance by us of your order. We send that to let you know we received your request, but there are a few steps necessary on our end before we can accept it.

Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason whatsoever. We reserve the right to refuse service to you without prior notification. In the event that an incorrect price is listed, either due to typographical or other error, we have the right to refuse or cancel an order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is canceled, we will refund your original payment method in the amount of the incorrect price.

Payments and Third-Party Purchases

Payment Terms and Third Party Providers

All payments will be made in United States dollars and are non-refundable and non-cancelable, except as otherwise specifically set forth in this ToU. No refunds or credits will be issued for partial months or unused months on an inactive account. You hereby: (i) acknowledge and agree that we may use any applicable third-party payment processor to collect payments or fees (“Payment Processor”); (ii) acknowledge and agree that we will not be responsible for any payments, fees or penalties as a result of your failure to provide up-to-date and accurate information to our Payment Processor; and (iii) acknowledge and authorize us and the Payment Processor to charge all payments or fees to your chosen payment method, including the monthly or annual fees charged on a reoccurring basis for Paid Offering subscriptions without further authorization from you. We reserve the right to change Payment Processors at any time.

Taxes

Unless otherwise stated by us, Paid Offerings sold by us are subject to sales tax in accordance with applicable laws. We may not collect sales or use taxes in all jurisdictions. For jurisdictions imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Any sales tax indicated on the checkout page is an estimate. The sales tax ultimately charged to your credit card will be calculated when your credit card charge is authorized and will reflect applicable taxes.

Purchases Through App Stores

If you subscribe through a third-party app store (such as the Apple App Store or Google Play), that store — not Dollarwise — processes your payment, and your subscription, billing, auto-renewal, and cancellation are also subject to that store’s terms. To cancel a subscription purchased through an app store, you generally must do so through your account settings with that store. Where an app store’s terms conflict with this ToU as to billing and cancellation for purchases made through it, the app store’s terms control for that purchase.

Purchases Through Third-Party Links

All purchases made through a third-party link are set and processed directly through the online third-party vendor. Therefore, we cannot and do not guarantee pricing or availability of such third-party items. As such, advertised prices are not guaranteed until a purchase has been made and you have received a confirmation email of such purchase.

User Guidelines

The App allows you to create a profile, sync your various financial accounts, track your spending, create budgets, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us, or on your profile, including but not limited to text, writings, video, audio, photographs, graphics, or personal information or other material (collectively, “Contributions”). Contributions that are limited to the App’s budgeting features are intended for your personal use in making informed financial decisions and are not viewable by other users of the App. When making Contributions, you must abide by the following requirements:

Do not:

• Post or send content to spam or send unsolicited commercial posts;

• Share, upload, copy, distribute, exploit or otherwise make available for commercial use any content that is not solely owned by you or that you have not secured the rights in;

• Post or send content that includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian);

• Post content or communicate in a way that infringes or violates the rights of any third-party, including, without limitation, any intellectual property rights, rights of privacy, rights in contract, rights of publicity, or rights in confidential information;

• Post or send content that is false, inaccurate, or misleading;

• Post or send content or communicate in a way that is unlawful, abusive, threatening, discriminatory, unfairly critical, defamatory, pornographic, is harmful to minors, or obscene;

• Post or send content or communicate in a way that promotes or incites violence, terrorism, illegal acts, discrimination, or hatred based on race, ethnicity, cultural identity, religious belief, disability, gender identity, or sexual orientation; or

• Engage in behavior that could be considered harassment, bullying, intimidation, an invasion of space or privacy, stalking, harmful or otherwise a mistreatment of another person.

Please do:

• Give constructive feedback on how we can improve our Online Services;

• Use your best efforts to make informed financial decisions; and

• Be a nice human!

We do not have any ownership rights in your Contributions. However, by posting a Contribution, you grant to us a non-exclusive, fully paid, and royalty-free, universal, perpetual, irrevocable license to use, modify, delete from, add to, publicly display and reproduce the Contribution(s) in any media format through any media channel now existing or developed in the future, including without limitation on the App, but solely in order to provide our Online Services. For purposes of clarity, we will use your Contributions in order to provide the App to you and display your information to you through the App.

General Intellectual Property & Grant of License to Use Online Services

Our Online Services contain content, such as the “Dollarwise” name and logo, our website design, our website code, videos, and photos that are protected by copyright, trademark, patent, trade secret, and other laws. We own and retain all rights in such content. We may also use some open source and licensed third-party content in our Online Services, such as fonts, photos, and graphics. We do not make any claim of ownership to this content, and no user is permitted to use third-party content in a way that violates third-party licensing agreements. Hammer Media does not grant or transfer any other rights, title, or interest to you other than the following limited license: Hammer Media grants to you a limited, non-exclusive, non-transferable, revocable license to access and use Hammer Media’s Online Services for non-commercial personal purposes only. Hammer Media reserves the right to terminate this license at any time if your use of our Online Services is not in strict compliance with this ToU.

Publicity

You grant to Hammer Media a perpetual, worldwide, payment-free, irrevocable license to use, repost, republish and share any public reviews, posts, or comments posted on any third-party platform (including Instagram, Facebook, and Google Reviews) that you make about Hammer Media for our publicity and marketing purposes.

Copyright Policy & DMCA Claims

Hammer Media respects the intellectual property rights of others. Our policy is to respond to and investigate any claim that content used in connection with our Online Services infringe on any person or entity's copyright or other intellectual property rights. If you are a copyright owner or an authorized agent of a copyright owner, and you believe that content on our Online Services infringes on another copyrighted work, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement. Per 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act (DMCA), your claim must include:

• an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner;

• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

• identification of the URL or other specific location on our Online Services where the material that you claim is infringing is located;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized agent permitted to act on the copyright owner’s behalf.

Please be aware that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims relating to content that you report as being allegedly infringing in nature.

Testimonials & Reviews Disclaimer

Our Online Services may contain testimonials and reviews of our Online Services by other users of our Online Services. While based on the real-life experiences and opinions of such users, such opinions do not reflect the experiences of all of our users, and user experiences with our Online Services may vary. The views and opinions in such reviews and testimonials solely belong to the user and do not reflect our views and opinions.

Representations and Warranties

Hammer Media’s Representations and Warranties

YOU MAY BE GRANTED WARRANTIES REGARDING GOODS FROM THE THIRD-PARTY VENDOR SELLING THE GOODS. HOWEVER, WE DO NOT PROVIDE SUCH WARRANTIES OR HAVE ANY CONTROL OVER THIRD-PARTY WARRANTIES OR THE QUALITY OF GOODS SOLD. OUR ONLINE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” HAMMER MEDIA MAY USE REASONABLE EFFORTS TO CORRECT ERRORS AND OMISSIONS IN OUR ONLINE SERVICES. HOWEVER, HAMMER MEDIA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT THAT THE LAW OF THE JURISDICTION PERMITS. HAMMER MEDIA DOES NOT WARRANT THAT USE OF HAMMER MEDIA’S ONLINE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL NOT BE LOST. HAMMER MEDIA IS NOT RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ALL OF OUR TERMS AND CONDITIONS AND WILL NOT BE LIABLE FOR ANY ACTIONS THAT RESULT FROM YOUR NON-COMPLIANCE. HAMMER MEDIA DOES NOT GUARANTEE ANY LEVEL OF SUCCESS WILL BE ACHIEVED BY YOUR USE OF OUR ONLINE SERVICES.

User Representations and Warranties

By using Hammer Media’s Online Services, you represent and warrant that:

• You are over the age of 18 or the age of majority to legally enter into a contract under the laws of your home country if that happens to be greater than 18 before accessing our App;

• You are free to enter into and comply with this ToU and are not under any disability, restriction, or prohibition, contractual or otherwise, that prevents you from entering into this ToU;

• You will provide accurate and truthful information regarding your personal identification, and will not use any other person’s information;

• You have not previously been removed from our Online Services by us, unless you have our express written permission to create a new account;

• You have read and agree to this ToU and will not use Hammer Media’s Online Services for any fraudulent or inappropriate purpose or in a way that violates these terms and conditions;

• You will not try to reverse engineer or circumvent access to our Online Services;

• You will not circumvent or hack any technology used by Hammer Media’s to protect our Online Services and our users;

• You will not transmit any worms or viruses or any code of a destructive nature; and

• You will not copy or fraudulently reproduce Hammer Media’s content or violate our intellectual property rights.

Limitation of Liability

IN NO EVENT WILL HAMMER MEDIA BE LIABLE FOR YOUR FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION, YOUR FAILURE TO KEEP PERSONAL INFORMATION CONFIDENTIAL, YOUR FAILURE TO COMPLY WITH ANY OTHER LAWS, OR YOUR FAILURE TO COMPLY WITH THIS TOU. HAMMER MEDIA WILL ALSO NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, CHANGES TO THE ONLINE SERVICES OR PLATFORM, TEMPORARY OR PERMANENT SUSPENSION OF ONLINE SERVICES, DAMAGE TO COMPUTER OR HARDWARE, SECURITY BREACHES, INTERRUPTION OF BUSINESS, LOST PROFITS, BREACH OF A THIRD-PARTY CONTRACT, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER RESULTING FROM AN ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF HAMMER MEDIA UNDER THIS TOU EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO HAMMER MEDIA FOR OUR ONLINE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, HAMMER MEDIA’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK AND HAVE BEEN REACHED DUE TO FUNDAMENTAL BARGAINING BETWEEN YOU AND HAMMER MEDIA.

Indemnification

You agree to indemnify and hold Hammer Media harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs) resulting from or arising from any breach by you of this ToU and any activity related to your engagement with our Online Services.

Release

You hereby release and forever discharge Hammer Media (and our officers, employees, agents, successors, and assigns) from, and hereby waives and relinquishes, 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 Hammer Media, our Online Services (including any interactions with, or act or omission of, other users, or any third-party links and ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Privacy, Cookies, and Data Protection

We care about your personal information; any personal information you provide to us is collected, stored, and processed by us and used according to our Privacy Policy. Our use of cookies and data protection systems are also explained in this policy.

International Users

Hammer Media’s Online Services are controlled and administered from our offices within the United States of America and are not intended to be used outside of the United States of America or be subject to the laws or jurisdiction of any country outside of the United States of America. WE DO NOT REPRESENT OR WARRANT THAT OUR ONLINE SERVICES ARE APPROPRIATE, LEGAL, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. Those who choose to access Hammer Media’s Online Services outside of the United States of America do so on their own initiative and assume all risks associated with such access, including but not limited to any compliance with their particular jurisdictions’ laws and regulations and any United States export controls. We reserve the right to limit our Online Services, in whole or in part, to any geographic location or jurisdiction we choose.

Dispute Resolution

THIS SECTION OF OUR TERMS AND CONDITIONS SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO BE PART OF A CLASS ACTION. PLEASE ENSURE THAT YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS SECTION BEFORE USING AND ACCESSING OUR ONLINE SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THIS TOU AND TERMINATION OR EXPIRATION OF ANY ONLINE SERVICES PROVIDED BY HAMMER MEDIA.

Letting Us Know About Complaints

At Hammer Media, we hope that we can work out any complaints or differences that we may have with you respectfully and calmly. If you have any concerns about Hammer Media’s Online Services, please reach out to Hammer Media to let us know. If we cannot work out our differences together, then the following mandatory binding arbitration will apply to resolve the dispute.

Mandatory Binding Arbitration

If any controversy or claim arising out of or relating to Online Services provided under this ToU cannot be amicably resolved, such controversy or claim will be determined by binding arbitration rather than in a court of law. Except that mandatory binding arbitration will not apply with respect to any claims relating to infringement or misuse of intellectual property or any legal dispute that falls into the jurisdiction of a small claim court and would be more efficiently and cost-effectively resolved in a small claims court. The binding arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (the “AAA”) and administered by the AAA in Travis County, Texas. Arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim becoming reasonably aware of the act or omission giving rise to the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest period of time permitted by the applicable law. Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, except where the AAA Rules provide otherwise.

Prevailing Party

If an arbitrator or court of law determines a claim against Hammer Media to be frivolous or an opinion is found in our favor by the arbitrators or court, you agree to reimburse Hammer Media for all fees associated with the arbitration and/or court case, including attorneys’ fees and arbitration/court costs.

Class Action Waiver

You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against Hammer Media will be initiated only in your individual capacity. Any relief awarded by an arbitrator or court of law will not affect other users of Hammer Media’s Online Services.

Assignment

You are not entitled to assign this ToU, in whole or in part, to another person, without the prior written consent of Hammer Media. Hammer Media reserves the right to assign this ToU, in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of the Hammer Media business or assets.

Survival of Terms Beyond Termination

All provisions in this ToU that specifically state or logically ought to survive the termination of this ToU, or the termination of a user’s account, will survive such termination, including but not limited to payment obligations, intellectual property rights, warranties, indemnities, and limitation on liability clauses.

Waiver and Severability

No waiver by Hammer Media of any term or condition in this ToU will be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same or any other term or condition of this ToU or any other agreement. If any term or condition in this ToU is declared to be invalid, illegal, or unenforceable, for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible.

Applicable Law and Jurisdiction

Except where otherwise required by mandatory law, this ToU, as well as our Privacy Policy, is to be governed by and interpreted, constructed, and enforced per the laws of the state of Texas without regard to conflict of law provisions. All disputes are to be resolved in the jurisdiction of Travis County, Texas.

Entire Agreement

This ToU and our Privacy Policy represent the entire and exclusive agreement between Hammer Media and users of our Online Services. All previous written and oral agreements and communications related to the subject matter of this ToU and Privacy Policy are superseded. If any other agreement is provided or has been provided in addition to this ToU and Privacy Policy, such agreements are intended to be in addition and not in lieu of this ToU. To the extent that there are any provisions in such service agreements that conflict with the terms of this ToU, the terms of the service agreement will prevail.

Contact Us

Thanks for your patience in getting through all of the necessary legal language of this document! We have tried to be as clear as possible in communicating our expectations regarding our Online Services. However, if you have any questions about this ToU, our Privacy Policy, or Hammer Media’s services in general, just reach out! We would be more than happy to explain.

To stop receiving messages, reply STOP to any text message. When you fill out a form on our website, you can use the checkbox to opt into SMS. You can receive text messages from Hammer Media LLC about transactional messages like receipts, customer support, appointment reminders, alerts, and follow-up communication related to an existing inquiry. Message frequency varies. You can also receive marketing and promotional messages, including special offers, discounts, and new product updates, among others, from Hammer Media LLC. Message frequency may vary. Message and data rates may apply. Check with your carrier for details. Reply HELP for help or STOP to opt-out. Carriers are not liable for delayed or undelivered messages.

Privacy policy: https://dollarwise.com/privacy-policy