TERMS OF USE

Date of Last Revision: February 25, 2025

PLEASE READ THESE TOU CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND CONTAIN A BINDING ARBITRATION CLAUSE THAT WILL GOVERN ANY DISPUTES YOU HAVE WITH US REGARDING THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES.

Welcome to Hogsalt's platform. You are reading these Terms because you are using a Hogsalt website or app. These Terms of Use ("TOU") govern how Management of Hogsalt, LLC ("Hogsalt", "we", "us", and "our") and its related entities or affiliates, and any of their respective officers, directors, members, managers, employees or agents provide the websites and mobile applications that link to these TOU (collectively referred to herein as the "Website(s)" and "App(s)," respectively) and our content, features, products, and services, including our Rewards Program (collectively, together with the Services, the "Services"). The Rewards Program is subject to these TOU and the Reward Program Terms below. These terms incorporate our Privacy Policy, which describes how we handle your information. Our Services may be subject to other terms and policies as notified to you.

We reserve the right, at our sole discretion, to change or modify portions of these TOU at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate the date of the last revision at the top of this page. We will provide other notice of changes to these TOU as required by applicable law. Except where otherwise prohibited by applicable law, your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new TOU.

  1. Rewards Program Terms

The Hogsalt Dining Rewards Program (the "Program") is governed by these Rewards Program Terms ("Program Terms") in addition to the rest of these TOU. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN THE PROGRAM.

  1. Eligibility; Membership Fee; Account Terms

The Program is open to any individual who creates a valid Program account ("Account") through the Hogsalt Rewards mobile application (the "Hogsalt Rewards App," where Members can earn Reward Points at participating Hogsalt restaurants, subject to compliance with these Program Terms). Each participant in the Program is a "Member" (also "you" or "your"). Each Member is assigned a Member Rewards ID number associated with their Account. In addition, to become a Member of the Program, you must: 

  1. Be an individual acting in solely a personal capacity. Commercial use is prohibited, and Reward Points may not be credited to corporations, charities, partnerships, enterprises, or anyone other than an individual acting in a personal capacity. 
  2. Be 18 years of age or older and have a valid mobile phone number. The same mobile phone number may not be associated with more than one Account.
  3. Maintain a valid Account. In order to maintain a valid Account, in addition to complying with these Program Terms, a Member must complete at least one (1) qualifying Reward Point accrual purchase during each calendar year and pay the Membership Fee (see below). All points on valid Accounts will roll over to the following year.

When you sign up for the Program, you will be required to provide payment card details. Upon Account creation, the payment card associated with your Account will be charged the $25.00 membership fee indicated at sign up (the "Membership Fee") in exchange for 250 Reward Points. For every year that you continue to participate in the Program, the payment card associated with your account shall automatically be charged a Membership Fee, and each Membership Fee charge shall again entitle you to 250 Rewards Points.  

The methods of participating in the Program may change from time to time. 

Account Cancellation, Termination, or Suspension. You may cancel or terminate your Account at any time. Hogsalt reserves the right to cancel, terminate, or suspend your Account in Hogsalt's sole discretion, at any time, and without advance notice due to inactivity, suspicion of fraud or any inappropriate activity (including, but not limited to, the attempted sale or other transfer of Reward Points or your failure to meet eligibility requirements) on your Account, or violation of these Program Terms or our Terms of Use. Upon termination or cancellation of an Account for any reason, all Reward Points corresponding to such Account shall automatically be forfeited. Hogsalt reserves the right to audit your Account at any time and without advance notice.

  1. Earning Reward Points

Participating Restaurants. Currently, Reward Points can only be earned or redeemed at Participating Hogsalt Restaurants ("Participating Restaurants"). Participating Restaurants do not include any Small Cheval location, Bavette's Steakhouse & Bar Las Vegas, Aster Hall, or La Renommée. 

Earning Rewards Points. A Member earns one Reward Point for each dollar the Member spends on food and beverage purchases and restaurant surcharges at Participating Restaurants. Reward Points are not earned on private events, tax, gratuity, service charges, reservation charges, corkage charges, delivery fees, valet/parking, cover charges and other fees.  

For every Reward Point earned by a Member, such Member accrues the right to a one-time non-transferable credit of $0.10 that may be used only in accordance with these Terms and at Participating Restaurants. 

A Member must have a valid Account prior to payment in order for a transaction to be eligible to earn Reward Points. Reward Points shall not be awarded for transactions prior to the activation of the Member's Account, regardless of the time at which the Member's Account was activated. In order to earn Reward Points, the Member must (i) have an active and valid Account at the time of payment; (ii) legibly write their Member Rewards ID number on the applicable receipt or check at the time of payment and indicate thereon that Reward Points are not being redeemed in relation to that transaction; and (iii) pay the relevant receipt or check in full.  Retroactive Reward Points shall not be awarded for prior transactions, regardless of the time at which the Member's Account was activated. 

Members who provide their birthdate in their Account shall receive 100 Reward Points within one month of such Member's birthday ("Birthday Reward Points") in addition to any other Reward Points they have earned via transactions. Birthday Reward Points are only available to Members who provide their birthdate in their Account.

Members may be eligible for certain other benefits, such as certain discounts and promotional offers, as notified to them from time to time.

  1. Redeeming Reward Points

Reward Points may be redeemed only in accordance with these Program Terms and at Participating Restaurants. Reward Points are only valid toward food and beverage, including taxes and restaurant surcharges on food and beverage. Reward Points may not be used toward gratuity, service charges, reservation charges, event/staffing fees, delivery fees, corkage charges, valet/parking, cover charges and other fees. In order to redeem Reward Points, the Member must (i) have an active and valid Account at the time of redemption and (ii) legibly write their Member Rewards ID number on the applicable receipt or check at the time of payment and indicate thereon that Reward Points are being redeemed in relation to that transaction. 

All federal, state and local tax liabilities resulting from earning Reward Points are the responsibility of the Member. 

Additional terms and opportunities to earn and redeem Reward Points may apply.

  1. Restrictions and Limitations on Earning and Redeeming Reward Points

Notwithstanding any other provision of these Program Terms, the following restrictions apply:

  1. Reward Points are not earned:

  2. When Hogsalt Gift Cards are purchased or used for payment;

  3. When a third-party service is used for carryout or delivery; 

  4. In connection with a private party; or

  5. In connection with any items that are provided free of charge or complimentary or that are refunded.

  6. Reward Points may not be redeemed:

  7. for partial payment in any transaction. A Member must redeem sufficient Reward Points to pay the entire amount due under any bill for Reward Points to be used on that bill.

  8. in conjunction with any other offers, discounts, or promotions. 

  9. toward private parties, merchandise or catering. Carryout orders over $250.00 may be classified as catering at the sole discretion of Hogsalt.

  10. Reward Points may not be redeemed for cash, gift cards, or refunds of any kind. Reward Points do not have partial or residual value. 

  11. Reward Points are non-transferable and non-assignable, and any such transfer or assignment shall be void. A Member cannot earn Reward Points on the basis of another guest's purchase. 

  12. A Reward Point may be revoked if an order, for which a Reward Point was earned, is refunded or canceled (in whole or in part). Reward Points may be revoked where we believe in our discretion that Reward Points were earned through or in connection with any fraud, abuse of the Services or violation of our Terms of Use.

We may from time to time request information from you to verify your identity, rights to the Reward Points, or ownership of an Account before we will allow use of your Reward Points, and we may delay your access to the Reward Points until you comply with this information request. 

  1. Program Changes and Termination

Hogsalt reserves the right to change or terminate the Program or any part, rules, or features thereof in its sole discretion, at any time without notice, without liability, and without further obligations to Members. Such changes may alter, modify, delete (in whole or in part), supplement and/or cancel any Program Terms, regulations, benefits, or policies in connection with the Program, including but not limited to eligibility qualifications; conditions of participation; participating restaurants; rules for earning, redeeming, retaining or forfeiting Reward Points; awards or benefits in connection with the Program; Reward Point expiration rules, etc., and some changes may reduce or cancel the redemption value of any Reward Points earned but not yet redeemed.

By continuing to participate in the Program following any change to the Program or these Program Terms, you are accepting the changes to the Program or these Program Terms. If we change these Program Terms to provide Reward Points for a new activity, no Reward Points will be awarded for any activity that occurred prior to the effective date of the change. Please review these Program Terms periodically to ensure you are aware of any changes and are familiar with the most current version.

  1. SMS/Text Message Terms

Members may receive notifications via SMS/text message about promotional matters (e.g., deals and offers) and non-promotional matters (e.g., reminders about restaurant reservations). Promotional and non-promotional SMS/text messages are subject to the SMS/text messages terms in our TOU.

  1. Transfer of Rights

Our rights and obligations under the Program may be assigned or transferred by us to any other related or unrelated entity at any time, and performances shall be the responsibility of that entity.

  1. Access and Use of the Services

2.1 Use Description

The Services are provided solely for your personal and non-commercial use. We grant you a limited, non-exclusive, non-transferable, license to access and use the Services for these purposes. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. Hogsalt may revoke your license at any time in its sole discretion. 

2.2 Modifications to the Services

Hogsalt reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Hogsalt also reserves the right to refuse to provide the Services to anyone for any lawful reason at any time. You agree that Hogsalt will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or refusal to provide the Services. 

  1. Conditions of Use

3.1 Hogsalt's Rights

You agree to use the Services solely in accordance with these TOU and applicable law. If you violate any provisions or restrictions of these TOU, we reserve the right, in our sole discretion and without notice to you, to block or limit your access to and use of the Services, including without limitation by terminating, deleting, and/or deactivating any account you may have with us. We are not liable to you or any third party for any termination of any account or access to the Services.

3.2 Content

You are solely responsible for all video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("Content") that you upload, post, publish or display (hereinafter, "Upload") or email or otherwise use via the Services. You acknowledge that Hogsalt has the right (but not the obligation) in its sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any Content. Without limiting the foregoing, Hogsalt reserves the right to investigate and take appropriate legal action against anyone who, in Hogsalt's sole discretion, violates this provision, including without limitation, removing the offending Content from the Services, suspending or terminating the account of such violators and reporting you to law enforcement authorities. 

**3.3 Accounts **

To use some or all of our Services, you may need to create an account by providing information like a username, email, or password. You are solely responsible for maintaining the security and confidentiality of your account and you may not share your login information or transfer your account to another individual without our written permission. You are solely responsible and liable for all activity that takes place in connection with your account, including purchases, whether or not authorized by you. If you think your account has been compromised, you must notify us immediately. Hogsalt will not be liable to you for any loss or damage that occurs in connection with any unauthorized activity on your account.

In creating an account, you represent that all information you provide is true, accurate, and correct, and that you will update your information as necessary to keep it accurate. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information. We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates a third party's rights. 

3.4 Limitations on Use of the Services

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services.

You agree not to do, attempt to do, enable, or encourage anyone else to do, anything illegal or (as determined by us in our sole discretion) objectionable or inappropriate in connection with the Services, including but not limited to the following: 

  1. use the Services in violation of, or in connection with violating, any local, state, national, or international law or regulation having the force of law, or any legal or contractual rights of us or any third party, or any obligations you may have to any party (including, without limitation, intellectual property rights, privacy or publicity rights, and confidentiality obligations);

  2. reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, or use of or access thereto;

  3. interfere with, disrupt, or create undue burden on the Services or the networks or services connected thereto by any means, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

  4. engage in or use any data mining, robots, spiders, scraping or similar data gathering or extraction methods to access or collect data from the Services;

  5. solicit personal information from other users of the Services or harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

  6. circumvent any of the Services' security measures, reverse engineer any portion of Services, obtain any source code, or create back doors or any form of unauthorized access to the Services; 

  7. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; 

  8. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

  9. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services; 

  10. email or otherwise Upload any Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Hogsalt, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Hogsalt or its users to any harm or liability of any type; or

  11. use the Services in any way not specifically permitted by these TOU.

  12. Intellectual Property Rights

4.1 Content, Software and Trademarks

You acknowledge and agree that the Services may contain Content or features ("Hogsalt Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Hogsalt, you agree not to modify, copy, frame, scrape, reverse-engineer, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Hogsalt Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally Upload to the Services. If you are blocked by Hogsalt from accessing the Services (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Hogsalt Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Hogsalt.

The Hogsalt name and logos, and the names and logos of our brands, are trademarks and service marks of Hogsalt (collectively the "Hogsalt Trademarks"). Other product and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Hogsalt. Nothing in this TOU or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Hogsalt Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Hogsalt Trademarks will inure to our exclusive benefit.

You acknowledge and agree that Hogsalt may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these TOU; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Hogsalt, its users and the public. You understand that the technical processing and transmission of the Services, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

4.2 Third Party Material

Under no circumstances will Hogsalt be liable in any way for any Content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content. You acknowledge that Hogsalt does not pre-screen Content, but that Hogsalt and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. Without limiting the foregoing, Hogsalt and its designees will have the right to remove any Content that violates these TOU or is deemed by Hogsalt, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

4.3 User Content Transmitted Through the Service

With respect to the Content or other materials you Upload through the Services or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such User Content or other materials without violation of any third-party rights. By Uploading any User Content you hereby grant and will grant Hogsalt, its affiliated companies and partners a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service ("Submissions"), provided by you to Hogsalt, its affiliated companies or partners are non-confidential and Hogsalt, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that all User Content and Submissions submitted under your account or in your name, whether publicly posted or privately transmitted, is your sole responsibility. This means that you, not Hogsalt, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Services.

  1. Third Party Services

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet, such as third-party reservation or food delivery platforms. Hogsalt has no control over such sites and resources and Hogsalt is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Hogsalt will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Hogsalt is not liable for any loss or claim that you may have against any such third party. Third-party services are governed by the terms and policies of the third parties providing the services. Before using any third-party services, you should review the relevant terms and policies.

  1. Accuracy

We do not warrant that information made available on or through the Services is accurate, complete, reliable, error-free or current. Occasionally the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information in connection with the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by law.

We have made every effort to display the images of our products that appear on the Services as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate.

  1. Purchases and Reservations

This Section on Purchases supplements the rest of the TOU and governs orders and other purchases made through the Services, such as food orders and purchases of gift cards or other products. These TOU do not cover any purchases made from, or other interactions with, third party services, such as third-party reservation or food delivery platforms. Guests must comply with the TOU of the third-party reservation platforms that we use. Currently, Hogsalt relies on Resy for reservations in US locations. Resy's TOS strictly prohibits reselling or redistributing reservations made on their platform.

7.1 Order Acceptance and Billing

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, phone number, or physical address provided when you placed the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate information as requested for all purchases made on our Services. If you have created an account, you agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s), including any taxes, surcharges, or similar fees notified to you at the time of purchase.

7.2 Pricing; Refunds and Exchanges

Prices are subject to change without notice. Pricing errors may occur on the Services. We reserve the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us. We may, in our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products on the Services may differ from pricing for product sold in our physical locations.

All purchases are final, and we do not accept refunds or exchanges unless otherwise stated.

  1. Indemnity and Release

To the fullest extent permitted by law, you agree to release, indemnify and hold Hogsalt and its affiliates and their officers, employees, directors, members, managers, and agents harmless from any from any and all losses, damages, expenses (including reasonable attorneys' fees and court costs), rights, claims, actions of any kind (including any inquiries or investigations), and injury arising out of or relating to your use of the Services, any Content, your connection to the Services, your violation of these TOU or your violation of any rights of another. Hogsalt reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Hogsalt in the defense of such matter.

  1. Communications

9.1 In General

We may communicate with you using email or autodialed or prerecorded calls and text messages, at any telephone number that you provide us, to notify you regarding your account; troubleshoot problems with your account; resolve a dispute; collect a debt; or as otherwise necessary to service your account or enforce these TOU, our policies, applicable law, or any other agreement we may have with you.

You agree to receive electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing, and will have full legal effect. You also agree that any transaction or agreement undertaken on or through the Services, including your agreement to these TOU, is an electronic transaction or agreement.

We may route phone and text communications through a third-party service provider, and we or the service provider may record telephone conversations you have with us or its agents for quality control and training purposes, or for our own protection or legal compliance purposes.

9.2 SMS Terms

**Signing Up for SMS Text Messages. **You may sign up for SMS text messages in connection with the Services, including marketing text messages. By Opting In to text messages, you authorize us or our provider to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your Opt-In. You authorize us to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of any purchase. (For purposes of these SMS Terms, "Opting In," "Opt In" and "Opt-In" refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive any text messages.)

To opt out, you must text STOP in response to any SMS message sent from or on behalf of us. You understand and agree that any other method of opting out, including (but not limited to) texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

By Opting In to text messages:

  • You are signing your Opt-In to the text messages.
  • You accept these SMS Terms. Our text message-related activities are part of the Services as defined above. 
  • You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.
  • You consent to the use of an electronic record to document your Opt-In. To withdraw that consent, request a free paper or email copy of the Opt-In, or to update our records with your contact information, please contact us as described at the end of our Privacy Policy. To view and retain an electronic copy of these SMS Terms or the rest of your Opt-In, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails. These SMS Terms still will apply if you withdraw the consent mentioned above or opt out of the text messages.

After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.

Message and data rates may apply to messages that we send you or that you send us. You may receive multiple, recurring messages. We may terminate our text message programs or your participation in them at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these SMS Terms still will apply. You may receive one or more confirmation messages when you opt out or when your participation in the program otherwise ends. We and mobile carriers are not liable for delayed or undelivered messages. 

For customer service regarding our SMS programs, contact us as provided at the end of these Terms.

**Discontinuing or Transferring Your Phone Number. **If at any time you intend to stop using the mobile telephone number that has been used to subscribe to text messaging, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the user opt out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys' fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your account or these Terms.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

  1. Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, AND THE INFORMATION AND CONTENT PROVIDED ON OUR SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, HOGSALT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  

HOGSALT MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS OR CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

  1. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOGSALT, ITS EMPLOYEES, AGENTS, CONTRACTORS, AND SUPPLIERS ("HOGSALT ENTITIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE HOGSALT ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL THE HOGSALT ENTITIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE HOGSALT ENTITIES IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.