Hilma Terms of Service
Last Updated: August 29, 2023
Hello and welcome to the Hilma, Inc. (“Hilma”, “we”, us” or “our”) website located at hilma.co (the “Website”). Please read these Terms of Service (these “Terms”) carefully, as they create a legal agreement between you (“you” or “your”) and Hilma establishing the terms and conditions under which you shall access and use any software or services we make available to you on our Website, including the Hilma Store (as defined below) for Hilma products (our “Products”), and any applications through which we may make such Services available from time to time (collectively, the “Hilma Service” or “Service”).
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAINS AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND HILMA ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 15 OF THESE TERMS).
- IMPORTANT DISCLAIMER
- THE HILMA SERVICE DOES NOT PROVIDE ANY MEDICAL ADVICE. Information on the Hilma Service is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other health-care professional. You should not use the information on the Hilma Service for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Hilma Service.
- We do not recommend or endorse any specific professionals, tests, products, procedures, opinions, or other information that may be mentioned on the Hilma Service. Reliance on any information provided by us, our consultants, our employees, and others appearing on Site (at our invitation or other Users to the Hilma Service) is at your own risk. The Hilma Service is intended for healthy adults only. Users of the Hilma Service (“Users”) must be 18 years or over.
- Use of the Hilma Service does not create a professional-client relationship. Information provided on the Hilma Service and the use of any products or services purchased from the Hilma Service by you does not create a doctor-patient relationship between you and any of the consultants or advisors that may be affiliated with the Hilma Service.
- If you have or suspect that you have a medical problem, promptly contact your healthcare provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this Website.
- Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Consult your healthcare professional prior to use if you have or suspected a medical condition, are taking prescription drugs, or are pregnant or lactating.
- You should always speak with your physician or other healthcare professional before taking any medication or nutritional or herbal supplement or adopting any treatment for a health problem.
- You should carefully read all product packaging and instructions for any products or services purchased from the Hilma Service.
- In no event will Hilma’s acceptance of a returned Product or payment or compensation to you, regardless of amount, evidence assumption of liability by Hilma or its affiliates of any negligence or claim or future claim that may be brought in connection with such returned or other Product.
- ACCEPTANCE OF TERMS
- Please review these Terms before using the Hilma Service, as they may have changed since your last visit. If you do not agree to these Terms, then do not use the Hilma Service, including our Website. By using the Hilma Service, you represent to us that you are at least 18 years old, capable of forming a binding contract with Hilma, are not barred from using the Hilma Service under applicable law and hereby indicate your unconditional acceptance of these Terms.
- Hilma reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on our Website. Revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. Your continued use of the Hilma Service after a revised version of these Terms has been posted on our Website constitutes your binding acceptance of the revised Terms.
- By using certain functionality on the Hilma Service, including, without limitation. creating an Account (as defined below) or purchasing a Product in the Hilma Store, you agree to receive emails and push notifications from us regarding our services and products. We may from time to time send you push notifications or email messages with information about your use of the Service. You may opt-out from receiving any such newsletters by emailing firstname.lastname@example.org or selecting to unsubscribe as may be provided in the applicable email correspondence.
- OUR SERVICES
PURCHASE OF PRODUCTS.
You may purchase our Products in our online store available through our Website and operated through Shopify (the “Hilma Store”). All Products, prices and specifications described on the Hilma Service are subject to change at any time without notice.
ORDER ACCEPTANCE AND CANCELLATION.
You agree that your order to purchase our Products in the Hilma Store is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
PRICES AND PAYMENT TERMS.
Prices posted on our Website may be different than prices offered at other retailers. All prices, discounts, and promotions posted on our Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. When you purchase a Product and make a payment over the Hilma Service (each such purchase, a “Transaction”), you expressly authorize us or our third-party payment processor to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (collectively, “Payment Information”). When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information, also Payment Information). Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS.
Products will be shipped to the address you designate as the shipping address during the check-out process. Please check the individual product page for specific delivery options. Shipping restrictions apply (please visit our FAQs for more information). You will pay all shipping and handling charges specified during the ordering process. Hilma is not responsible for taxes and/or duties or any brokerage and/or delivery fees and/or return postage applied to international shipments. Hilma will not be liable for packages refused or held for delivery. Please note that refunds will not be issued for any order that is refused or abandoned by the intended recipient, orders that cannot be delivered due to an address error or orders seized by Customs. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
You may return Products that you purchase in the Hilma Store in accordance with Hilma’s return policy available on the Website (please visit our FAQs for more information). Hilma may, in its sole discretion, accept a returned Product and provide compensation therewith.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Hilma may, in its sole discretion, offer a subscribe-and-save program through which you may subscribe to purchase products in the Hilma Store on a periodic basis in exchange for certain discounts and/or other offers as determined and communicated by Hilma (the “Subscribe-and-Save Program”). Hilma reserves the right to terminate the Subscribe-and-Save Program at any time, with electronic notice to you at the email address you provide. You will be required to create an Account to use the Subscribe-and-Save Program. For more information, see our FAQs.
From time to time, Hilma may offer promotional or offer codes that are redeemable towards a purchase of Products in the Hilma Service, subject to expiration dates, minimum purchase order, Product exclusions and any other restrictions as may be determined and communicated by Hilma in its sole discretion (“Offer Codes”). Only valid Offer Codes provided by Hilma will be honored by Hilma. Each Offer Code offered by Hilma (i) is non-transferable, (ii) is non-retroactive, (iii) is valid for one single purchase on the Hilma Service and (iv) cannot be redeemed for cash or any cash equivalent. Offer Codes cannot be used towards purchase of non-Hilma branded merchandise, taxes or shipping charges. Hilma is not responsible for any unauthorized use of Offer Codes. The monetary value of the Offer Code will not be refunded or credited back if the Product purchased using the Offer Code is returned. Offer Codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Hilma may engage spokespeople, influencers or other individuals or entities who have been compensated or incentivized to speak on behalf of our brand. If you receive an Offer Code from a third-party source, note that such individual may have been compensated by Hilma for his or her statements.
Hilma may provide you referral credits, which may entitle you to promotional discounts, free products or other benefits as determined in Hilma’s sole discretion ("Referral Credits"), when you invite your friends to make a qualifying order on the Hilma Service ("Credit-Eligible Orders") using your applicable referral code (the “Referral Program”). Referral Credits may be awarded to you when your friends make their first such purchase. Referral Credits are granted in Hilma’s sole discretion. To be eligible to receive Referral Credits for friends making new Credit-Eligible Orders, the new friend must use the referral code Hilma provides to you. Referral codes will not be applied to subsequent automatically renewed orders and are void where prohibited.
- Referral Credits are loyalty or promotional discounts, or credits offered by Hilma and do not constitute an account, a payment instrument or other property owned by any Hilma Service user. Any person that receives credits, coupons, prizes or other benefits from Hilma by posting to coupon sites, comment sections on third-party sites, using multiple user accounts or email addresses, using false names, impersonating others or through the use of any other fraudulent or misleading conduct as determined by Hilma, shall forfeit any such credits, coupons, prizes or benefits, and may be liable for civil and/or criminal penalties under applicable law. Hilma reserves the right to deactivate your referral code at its sole discretion.
- Hilma reserves the right to cancel the Referral Program at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time. Hilma reserves the right to close the account(s) of any referrer and/or referred customer and to request proper payment if the referrer and/or referred customer attempts to use the Referral Program in a questionable manner, is in breach of these Terms or is in violation of any law or governmental regulation.
- You must comply with all up-to-date “SPAM” laws. Any distribution of your referral code that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account, revocation of Referral Credits and exclusion from the Referral Program.
- HILMA SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
- Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of digital and physical products, services. Messages may include checkout reminders.
- Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
- Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
- MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
- Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
- Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
- Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
- Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Hilma’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
- Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
- CONTENT OWNERSHIP, RESPONSIBILITY AND REMOVAL.
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind and information or other materials that are posted, generated, provided or otherwise made available through the Hilma Service; (ii) “User Content” means any Content that Users provide to be made available through the Hilma Service, including Product reviews; and (iii) “Individual Data” means any data that relates to Users’ use of the Hilma Service. User Content includes Content that explicitly refers to Hilma, the Hilma Service or our Products that you submit or make available through third-party websites or platforms (“Third-Party User Content”). Hilma has no obligation to make any User Content available on the Hilma Service.
OUR CONTENT OWNERSHIP.
Hilma does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Hilma and its licensors exclusively own all right, title and interest in and to the Hilma Service and Content, including all associated intellectual property rights. You acknowledge that the Hilma Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Hilma Service or Content.
RIGHTS IN USER CONTENT GRANTED BY YOU.
You hereby grant to us a non-exclusive, perpetual, irrevocable, worldwide, sublicensable, transferable, royalty free, fully paid up license to reproduce, distribute, prepare derivative works of, modify, translate, adapt, publicly perform, publicly display and otherwise use your User Content, and you understand that we may allow any third party to use your User Content as well. You will own your Individual Data. You hereby grant us a non-exclusive, perpetual, irrevocable, worldwide, sublicensable, transferable, royalty free, fully paid up license to reproduce, distribute, prepare derivative works of, modify, translate, adapt, publicly perform, publicly display and otherwise use any Individual Data, and you understand that we may allow any third party to use such Individual Data as well.
YOUR RESPONSIBILITY FOR USER CONTENT.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Hilma Service, nor any use of your User Content by Hilma on or through the Hilma Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
RIGHTS IN CONTENT GRANTED BY HILMA.
Subject to these Terms and any other agreement between you and us, we hereby grant you a limited, personal, non-transferable, non-exclusive, non-sublicensable, revocable license to access and use Content that we make available through our Services, solely for your personal and non-commercial use, and subject to any restrictions on certain types of Content set forth in these Terms.
From time to time, Hilma may make available through the Hilma Service Content that is sponsored by third parties.
- YOUR USE; PROHIBITED CONDUCT.
- As a condition of your use of the Hilma Service, you will not use the Hilma Service for any purpose that is unlawful or prohibited by these Terms. You agree to comply with any other applicable terms and conditions of use set forth on the Hilma Service.
- You may not use the Hilma Service in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of the Hilma Service. You may not obtain or attempt to obtain any information through any means not intentionally made available through the Hilma Service. In the event you gain access to information not intended to be accessed by you, you agree that you will immediately notify Hilma and destroy all copies of such information in your possession. You agree not, and will not permit any person or entity, to: (i) use, or allow the use of, the Hilma Service for any unfair or deceptive practices or in contravention of any federal, state, local, foreign or other applicable law or rules and regulations of regulatory or administrative organizations; (ii) act in a fraudulent, tortious, malicious or negligent manner when using the Hilma Service; (iii) obtain unauthorized access to any computer system through the Hilma Service; (iv) circumvent, remove or otherwise interfere with any security-related features of the Hilma Service, features that prevent copying or using any part of the Hilma Service or features that enforce limitations on the use of the Hilma Service or any Content; (v) introduce viruses, worms, Trojan horses and/or harmful code to the Hilma Service; and (vi) use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Hilma Service or any Content.
- In addition, you agree that you will not, and will not authorize or facilitate any attempt by another person or organization to use the Hilma Service to: (i) transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, as determined by us; (ii) use a name or language that we, in our sole discretion, deem offensive; (iii) post defamatory statements; (iv) post hateful or offensive Content or Content that disparages any ethnic, racial, sexual, gender, religious or other group; (v) post Content that depicts or advocates the use of illegal drugs; (vi) post Content that characterizes violence as acceptable, glamorous or desirable; (vii) post Content which infringes another’s copyright, trademark or trade secret; (viii) post unsolicited advertising or unlawfully promote products or services; (ix) harass, threaten, bully, stalk or intentionally embarrass or cause distress to another person or entity; (x) promote, solicit or participate in any multi-level marketing or pyramid schemes; (xi) exploit children under 18 years of age; (xii) engage in disruptive activity, such as sending multiple messages in an effort to monopolize a forum; (xiii) invade the privacy of any person, including without limitation posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age); (xiv) solicit personal information from children under 13 years of age; (xv) create a false identity or impersonate another person or entity; or (xvi) encourage conduct that would constitute a criminal or civil offense. The restrictions in this Section 5(c) are intended to be illustrative, and we reserve the right to consider other conduct to be prohibited.
- We reserve the right, without prior notice and in our sole discretion, to decide whether your use of the Hilma Service violates these Terms for any of the above reasons or for any other reason, and if we do so, we may terminate your access to the Hilma Service.
By using the Hilma Service, you hereby agree to indemnify and hold harmless us and our officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense (collectively, “Claims”), including without limitation attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with (i) your provision of any Content, (ii) your use of our Service and/or (iii) any user or other third party’s use of any Content that you submit via our Service. At our option, you agree to defend us from any Claims.
- COPYRIGHT INFRINGEMENT; DMCA POLICY.
If you believe that any materials on our Hilma Service infringe your copyright, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing, including a description of the material, and its location on our Website; (3) your name, address, telephone number and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to the Hilma Service is Copyright Agent, 77 Sands Street, 6th Floor, Brooklyn, NY 11201 or firstname.lastname@example.org. To protect the rights of copyright owners, we reserve the right to suspend your Account, delete or disable content alleged to be infringing and/or terminate the Account of a repeat infringer.
We welcome your feedback, ideas and suggestions (collectively, “Feedback”), which you may submit to email@example.com. If you send us any Feedback, you agree that: (1) your Feedback becomes our property and you are not owed any compensation in exchange; (2) none of the Feedback contain confidential or proprietary information of any third party; (3) we may use or redistribute feedback for any purpose and in any way; (4) there is no obligation for us to review your Feedback; and (5) we have no obligation to keep any Feedback confidential.
- THIRD PARTY SITES; THIRD PARTY SERVICE.
- PROVIDERS OF THIRD PARTY PLATFORMS.
You hereby acknowledge and agree that all of our licensors, suppliers or other third parties: (i) are not parties to these Terms; (ii) have no obligation whatsoever to furnish any maintenance or support services with respect to Hilma; (iii) are not responsible for addressing claims by you or any third party relating to our Services, including without limitation any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; and (iv) have no responsibility to investigate, defend, settle or discharge any claim that our Services or use thereof infringes any third party intellectual property rights.
- WARRANTY DISCLAIMERS.
- THE HILMA SERVICE AND ALL CONTENT ON OR ACCESSIBLE FROM OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH OUR SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING WITHOUT LIMITATION MECHANISMS FOR THE DOWNLOADING AND TRANSMITTING CONTENT) PROVIDED BY OUR SERVICES WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THAT OUR SERVERS OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- WE AND OUR AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
- Under no circumstances will we be liable for any loss or damage caused by failed delivery or receipt of Content or any third party’s use or distribution of Content. You hereby acknowledge and agree that Hilma merely stores and hosts User Content but does not actively create User Content. Under no circumstances will Hilma be liable for any claims that may arise from User Content, including, without limitation, claims for intellectual property infringement.
- LIMITATION OF LIABILITY.
- IN NO EVENT SHALL WE BE LIABLE TO YOU, ANY OTHER USER OF THE HILMA SERVICE, THIRD PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE HILMA SERVICE, YOUR CONTACT INFORMATION, CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- IN NO EVENT WILL HILMA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS, HILMA SERVICE OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO HILMA FOR THE PURCHASE OF THE PRODUCTS THROUGH THE HILMA SERVICE OR USE OF THE HILMA SERVICE OR CONTENT, AS APPLICABLE, OR ONE DOLLAR ($1) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO HILMA.
- 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 MAY NOT APPLY TO YOU BUT SHALL INSTEAD APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- JURISDICTIONAL ISSUES.
- GOVERNING LAW; DISPUTE RESOLUTIONS.
These Terms, and any dispute between you and us, shall be governed by the laws of the State of New York without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless you and we agree otherwise, in the event that Section 15 is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Arbitration Procedures (as defined below) or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in New York, New York, except that you or we are permitted (1) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (2) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (3) to seek enforcement of a judgment in any court having jurisdiction over the parties. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.
- AGREEMENT TO ARBITRATE; WAIVER OF CLASS ACTION.
MANDATORY ARBITRATION OF DISPUTES; ARBITRATION PROCEDURES.
CLASS ACTION WAIVER.
You may opt out of this Agreement to Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement to Arbitrate and must include your name, address, phone number, your Hilma account, if applicable, to which the opt-out applies and a clear statement that you want to opt out of this Agreement to Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. You must use this address to opt out: Hilma, Inc. ATTN: Arbitration Out-Out, 77 Sands Street, 6th Floor, Brooklyn, NY 11201.
EFFECT OF CHANGES ON ARBITRATION.
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the Arbitration Procedures (other than a change to any notice address or Site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Procedures is posted to our Website, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.
This Arbitration section will survive the termination of your relationship with us.
- We may terminate your access to the Hilma Service, in our sole discretion, for any reason and at any time, upon electronic notice to you at the email address provided by you at registration. You agree that we are not liable to you or any third party for any termination of your access to the Service. We may change and update the Hilma Service from time to time. We will give you appropriate advance notice about any major changes, although you understand that we may stop, suspend or change the Hilma Service at any time without prior notice.
- You may terminate these Terms at any time by ceasing to use our Services and closing your Account. We will include instructions for how to close your Account on the Hilma Service. We may update these instructions and our process to close your Account from time to time. Please follow the instructions on our Services to close your account if you would like to do so.
- The following Sections of these Terms and any accrued obligations will survive any termination of these Terms: 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17.
- GENERAL TERMS.
WAIVER OF RIGHTS.
Hilma’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Hilma. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
The Hilma Service is available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law. If you are a parent or guardian and you discover that your child has created an unauthorized account on the Hilma Service, please contact us at firstname.lastname@example.org and we will remove the account.
COMPLIANCE WITH LAWS.
You shall comply with all applicable laws, including, but not limited to, as applicable, the EU General Data Protection Regulation and its requirements related to capturing verifiable consent, obtaining parental consent, responding to data subject requests, complying with international data transfer laws and other requirements relating to personal information, data localization, cookies and recordkeeping requirements.
If You have any questions about these Terms, the Products or the Hilma Service, please contact Hilma at email@example.com.