THIS IS A LEGAL AGREEMENT BETWEEN YOU (REFERENCED HEREIN WITH "YOU" OR WITH "YOUR") AND 356 HILLWOOD, LLC (REFERENCED HEREIN WITH "HILLWOOD", "WE", "US" OR "OUR"). HILLWOOD OFFERS THE WEBSITE LOCATED AT WWW.356HILLWOOD.COM, THE MOBILE VERSION OF THE HILLWOOD.COM SITE, ANY ASSOCIATED HILLWOOD CONTROLLED SOCIAL MEDIA PAGES, MOBILE APPLICATION, OR ANY INFORMATION, SOFTWARE FUNCTIONALITY, AND/OR MATERIALS LOCATED THEREON OR AVAILABLE THEREFROM (COLLECTIVELY REFERENCED HEREIN AS THE "SITE(S)"), TO YOU, THE USER, CONDITIONED UPON YOUR ACCEPTANCE OF ALL TERMS AND CONDITIONS STATED HEREIN. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (REFERENCED HEREIN AS THESE "TERMS OF SERVICE") CAREFULLY BEFORE ACCESSING OR USING THE SITE(S). BY ACCESSING OR USING ANY PART OF THE SITE(S), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS THE SITE(S) AND ARE HEREBY INSTRUCTED TO STOP USE OF THE SITE(S) IMMEDIATELY.

Section 1: License Grant Subject to your continued compliance with the express terms and conditions of these Terms of Service, HILLWOOD provides to you a personal, revocable, limited, royalty free, non exclusive, non transferable, and non sublicensable license to access and use the Site(s) on your own laptop, computer, mobile device, or other internet compatible device, and make single copies or prints of the content available therefrom for your personal use only. The content layout, formatting, and features of and access privileges for the Site(s) shall be as specified by HILLWOOD in its sole discretion. You also acknowledge and agree to the following: (a) HILLWOOD has the right to control and direct the means, manner, and method by which the Site(s) is provided; (b) HILLWOOD may, from time to time engage independent contractors, consultants, or subcontractors to aid HILLWOOD in providing the Site(s) or use thereof; and (iii) HILLWOOD has the right to provide the Site(s) to others.

 

Section 2: Restrictions All rights not expressly granted under these Terms of Service are hereby reserved. You may not reproduce, duplicate, copy, sell, resell, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or exploit any portion of the Site(s) without express written permission by us. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site(s) or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site(s), other websites, or the internet. We reserve the right to terminate your use of the site for violating any of the prohibited uses.

 

Section 3: User Obligations By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use the Site(s) for any illegal or unauthorized purpose nor may you, in the use of the site in violation of any applicable laws in your jurisdiction (including but not limited to copyright laws). By downloading, accessing, or using the Site(s), you also represent and warrant that (a) you will at all times provide true, accurate, current, and complete information when submitting information to HILLWOOD through the Site(s); and (b) you will at all times comply with the terms and conditions of these Terms of Service. Any breach of the foregoing representations and warranties entitles HILLWOOD to immediately terminate these Terms of Service and/or seek any and all remedies available at law or equity. You also acknowledge and agree that use of the internet and access to the Site(s) is solely at your own risk. While HILLWOOD has endeavored to offer secure and reliable Site(s), you should understand that the confidentiality of any communication or material transmitted to/from the Site(s) over the internet or other form of global communication network cannot be guaranteed. Accordingly, HILLWOOD is not responsible for the accuracy, reliability, or security of any information transmitted to or from the Site(s).

 

Section 4: Modifications to Products and Prices Prices for our products made available on the Site(s) are subject to change without notice. Further, some products or services available on the Site(s) may have limited quantities, may only be available for purchase on the Site(s) and are subject to return or exchange only according to our return policy found at http://www.356HILLWOOD.com/pages/returns and exchanges. We reserve the right, but are not obligated, to limit the sales of our products or services made available on the Site(s) to any person, geographic region or jurisdiction. We may exercise this right on a case by case basis. We reserve the right to limit the quantities of any products or services that we offer on the Site(s). All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right at any time to modify or discontinue the Site(s) (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Site(s).

 

Section 5: Security Enforcement Any actual or attempted use of the Site(s) by you in violation of these Terms of Service may result in criminal and/or civil prosecution, including, without limitation, punishment under the computer fraud and abuse act of 1986 under U.S. federal law. HILLWOOD reserves the right in its sole discretion to review, monitor, and/or record any information relating to your use of the Site(s) ("User Information") without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the Site(s). HILLWOOD may share any user information HILLWOOD obtains from you with any law enforcement organization in connection with any investigation or prosecution of possible criminal or unlawful activity. HILLWOOD will also disclose user information as required by any court order and/or subpoena. In addition, HILLWOOD hereby reserves the right in its sole direction to at any time and without notice modify, suspend, terminate, and/or interrupt operation of or access to the Site(s), or any portion thereof, in order to protect the Site(s), HILLWOOD intellectual property, HILLWOOD, or the business interests of HILLWOOD and/or its members and affiliates.

 

Section 6: Account Information and User Name Handling Policy You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site(s). 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. Certain sections of the Site(s) may require you to register as a user or create an account. By registering or creating an account, you agree to provide accurate and complete information and to inform HILLWOOD of any changes to that information. Each registration is for a single user only, unless otherwise expressly provided on the registration page. Registration for access to and use of the Site(s) may also require access credentials, such as a user name and a password, or adherence to other particular access requirements as designated by unknown in its sole discretion from time to time. You hereby agree to consider your access credentials, such as a user name and password, as confidential information and not to disclose such information to any third party without the prior express written consent of HILLWOOD, which may be withheld in its sole discretion. You shall immediately notify HILLWOOD if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and password. HILLWOOD will not be liable for any loss or damage arising from your failure (whether inadvertent or intentional) to comply with these obligations.

 

Section 7: Third Party Links We, in our sole discretion, may feature and/or post the advertisements of third parties on the Site(s) and/or links to certain third party content, products, and services (collectively, "third party content") as well as websites, or social networks (or pages) owned and controlled by third parties (collectively, "third party content"). Such third party sites and third party content has not necessarily been reviewed by HILLWOOD and is created, edited, published, maintained and transmitted by third parties over whom HILLWOOD has no control. Your correspondence or any other dealings with third parties found on the Site(s) is solely between you and such third party. Accordingly, we do not warrant and will not have any liability or responsibility for any third party content appearing on the Site(s), or the content, materials, accuracy of the information, and/or the quality of materials, products, or services provided by, available through, or advertised on third party sites.

 

Section 8: User Comments, Feedback and Other Submissions HILLWOOD welcomes your feedback and suggestions about the Site(s) or HILLWOOD's products or services. If you send any creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), such comments will be deemed to include a royalty free, perpetual, irrevocable, transferable, non exclusive right and license for HILLWOOD to adopt, reproduce, edit, copy, publish, distribute, , disseminate, transmit, translate and otherwise use (in whole or in part) in any medium or technology now known or later developed for the full term of the rights that may exist in any comments and you hereby waive any claim to the contrary. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments. You represent and warrant that that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the webSite(s). You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

 

Section 9: Privacy Policy Use of the Site(s) may require the submission of certain personally identifiable information. Please review our Privacy Policy found at http://www.356HILLWOOD.com/pages/privacy-policy for a summary of HILLWOOD's practices related to the collection and use of personally identifiable information from the Site(s).

 

Section 10: Proprietary Rights These Terms of Service provides only a limited license to access and use the Site(s) in accordance with the terms set forth herein. Accordingly, you hereby agree that HILLWOOD transfers no ownership or intellectual property interest or title in and to the Site(s) or any HILLWOOD intellectual property to you or anyone else in connection with your use of the Site(s). All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Site(s) is exclusively owned, controlled, and/or licensed by HILLWOOD or its licensors. Except as expressly provided herein, HILLWOOD does not grant any other express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Site(s) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Site(s) and its contents are copyright ©2024 356 HILLWOOD, llc and/or its licensors. All rights reserved. HILLWOOD also owns a copyright in the contents of the Site(s) as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site(s). HILLWOOD, the HILLWOOD logo, and all other marks identifying HILLWOOD's products, events, programs, or solutions are proprietary trademarks of the HILLWOOD inc., and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior express written permission of HILLWOOD, is hereby strictly prohibited. THE SITE(S) IS PROVIDED ON AN "AS IS" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. THE SITE(S) AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE(S) ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. HILLWOOD MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND ABOUT THE SITE(S), PRODUCTS OR SERVICES FOR ANY PURPOSE, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. WE ALSO DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SITE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE(S) IS AT YOUR SOLE RISK. YOU EXPRESSLY ABSOLVE AND RELEASE HILLWOOD FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND HILLWOOD'S CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES, OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL HILLWOOD, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF, DELAY, OR INABILITY TO USE THE SITE(S), FOR ANY INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE THROUGH THE SITE(S) OR ANY PRODUCTS PROCURED USING THE SITE AND EVEN IF HILLWOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF HILLWOOD FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE(S) SHALL NOT EXCEED THE PRICE PAID BY TO HILLWOOD FOR SUCH PRODUCT OR SERVICE.

 

Section 12: Indemnification You agree to indemnify, defend and hold harmless HILLWOOD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service.

 

Section 13: Severability In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Section 14: Term and Termination These Terms of Service will take effect at the time you click "I Accept" or each time you access and use the Site(s), whichever is earliest. these Terms of Service apply to each visit. these Terms of Service will terminate automatically if (i) you fail to comply with its terms and conditions; or (ii) cease all use of the Site(s). Termination will be effective without prior notice. In addition, HILLWOOD may in its sole discretion terminate these Terms of Service upon notice to you for any or no reason. Upon termination of these Terms of Service, any and all right(s) to use the Site(s) shall immediately cease. Sections 2, 5, 8, and 10–20 will survive the termination of these Terms of Service.

 

Section 15: Entire Agreement The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any additional terms, policies or operating rules posted by us on the Site(s) constitutes the entire agreement and understanding between you and us and govern your use of the site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). You may not assign or transfer any rights under these Terms of Service without the prior express written consent of HILLWOOD, which may be withheld in HILLWOOD's sole discretion.

 

Section 16: Injunctive Relief You acknowledge that any breach, threatened or actual, of these Terms of Service, including, without limitation, violations or infringement of HILLWOOD's intellectual property or proprietary rights, may cause irreparable injury to HILLWOOD, whereby such injury would not be quantifiable in monetary damages, and HILLWOOD would not have an adequate remedy at law. In the event of such injury or potential for such injury you therefore hereby agree that HILLWOOD shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms of Service.

 

Section 17: Other Terms and Conditions Additional notices, terms, and conditions may apply to the use of the Site(s) including, but not limited to, the terms and conditions applicable to the sale of products on the Site(s) and the our return policy. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between these Terms of Service and other notices, terms, and conditions posted to the Site(s), HILLWOOD shall resolve any conflict in good faith in its sole discretion but the latter terms shall generally control with respect to sale or return of a product.

 

Section 18: Governing Law These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida without respect to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the State or Federal courts located in Florida and waive any objection to such jurisdiction or venue. Any claim you might have against HILLWOOD pursuant to these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In any legal proceeding brought by HILLWOOD, HILLWOOD shall have the right to seek and be awarded all reasonable attorneys' fees and costs in addition to any other relief, at law or in equity, to which HILLWOOD may be entitled.

 

Section 19: Changes to Terms of Service We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service without advance notice to you by posting updates and changes to the Site(s). Please check the Site(s) periodically for changes which can be found at this location. Your continued use of or access to the site following the posting of any changes to these Terms of Service constitutes acceptance of those changes and the terms of use posted at the time of access and use. If you do not agree to the revised terms, do not use the Site(s). Section 20: Contact Information Questions about the Terms of Service should be sent to us at terms@356HILLWOOD.com