Terms Of Service
Welcome to the Hilniva Inc. (“Hilniva”) website, located at https://www.hilniva.com (the “Site”). Hilniva Inc. operates the Site and other associated services and offerings (collectively, the “Service”), and makes it available to you subject to the following terms and conditions of service (the “Terms”). This statement governs information you provide to us or that we learn from you and other users of the Service (collectively, “Users”) through use of the Service, and describes how we may collect, use, and disclose this information.
1. Rules and Regulations.
The following rules and regulations apply to all visitors to or users of this Web Site. By accessing this Web Site, the user acknowledges acceptance of these terms and conditions. Hilniva Inc. reserves the right to change these rules and regulations from time to time at its sole discretion. In the case of any violation of these rules and regulations, Hilniva Inc. reserves the right to seek all remedies available by law. These rules and regulations apply to all visits to the Site, both now and in the future.
2. Limited License.
Hilniva Inc. hereby authorizes you to copy materials published by Hilniva Inc. on this Web Site solely for non-commercial use within your organization in support of Hilniva Inc. products. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Hilniva Inc. or any third party. ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM Hilniva. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
3. Compliance With Applicable Laws; Export Control Laws.
User access to this Web Site is governed by all applicable federal, state and local laws. All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
4. Trademarks.
The trademarks, logos and service marks (“Marks”) displayed on this Web Site are the property of Hilniva Inc. or other third parties. Users are not permitted to use these Marks without the prior written consent of Hilniva Inc. or such third party which may own the Mark.
5. Limitation of Liability.
UNDER NO CIRCUMSTANCE WILL Hilniva Inc. AND ITS OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “COMPANY GROUP”), OR ANY THIRD PARTY PROVIDER OF A PRODUCT, SERVICE OR TOOL OFFERED ON A SITE (EACH A “THIRD PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) THE SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, PRODUCTS, TOOLS OR SERVICES WE PROVIDE, (E) ANY USER CONTENT, (F) INTERACTION BETWEEN A SITE AND ANY THIRD PARTY WEBSITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR ANOTHER USER OF A SITE WITH RESPECT TO THESE TERMS OR A SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE A SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
6. Disclaimers.
YOU AGREE THAT USE OF THE SITE, PRODUCTS, TOOLS AND SERVICES WE PROVIDE IS ENTIRELY AT YOUR OWN RISK. THE SITE, INCLUDING ALL CONTENT, PRODUCTS, SERVICES, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH A SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON A SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS, TOOLS OR SERVICES OR LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN A SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT A SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM A SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTENT TO US AND BY POSTING INFORMATION ON A SITE, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
ALL MATERIALS, INFORMATION AND SERVICES, INCLUDING WITHOUT LIMITATION STANDARDIZED FORMS, PROVIDED ON OR THROUGH A SITE ARE NOT, UNDER ANY CIRCUMSTANCES, TO BE CONSIDERED OR USED AS LEGAL ADVICE. SUCH MATERIALS ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND SHALL NOT BE CONSIDERED INDIVIDUALIZED INFORMATION OR ADVICE. YOUR USE OF SUCH MATERIAL DOES NOT CREATE ANY SORT OF ATTORNEY-CLIENT RELATIONSHIP. YOU SHOULD CONTACT A QUALIFIED ATTORNEY LICENSED TO PRACTICE IN YOUR STATE FOR LEGAL ADVICE TAILORED TO YOUR SPECIFIC NEEDS.
7. Release.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH A SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE THE COMPANY GROUP, THIRD PARTY PROVIDERS AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF A SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
8. Indemnity.
You hereby agree to indemnify, defend and hold the Company Group and Third Party Providers and their respective successors and assigns (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of a Site or otherwise relating to the business we conduct on a Site (including, without limitation, any potential or actual communication, transaction or dispute between you and any other User or third party), any content posted by you or on your behalf or posted by other Users of your account to the Site, any use of any product, tool or service provided by a Third Party Provider, any use of a product, tool or service offered by us that interacts with a third party website, including without limitation any social media site or any breach by you of these Terms or the representations, warranties and covenants made by you herein, including without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
9. Jurisdiction.
The Site is operated by Hilniva Inc. in the United States, and Hilniva Inc. makes no warranty that the materials and content on the Site are appropriate or available for use outside of the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for local laws, if and to the extent that local laws are applicable.
These Terms and the relationship between you and Hilniva Inc. shall be governed by the law of the state of California without regard to its conflict of law provisions. You agree that any dispute you may have against Hilniva Inc. arising from or relating to the Site must be heard and resolved in state or federal courts in Santa Clara County, California. To the extent allowed by applicable law, you agree to bring any such claim or cause of arising from or relating to your access or use of the Site within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
10. Links to Third Party Sites.
The Site may contain links to third party sites. Access to any other Internet site linked to the Site is at User’s own risk and Hilniva Inc. is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Hilniva Inc. provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
11. User’s Right to Privacy.
The User’s right to privacy is of paramount importance to Hilniva. Any information provided by the User will not be shared with any third party. Hilniva Inc. reserves the right to use the information to provide the User a more personalized online experience. For more information on Hilniva Inc.’ privacy practices, please refer to the Privacy Policy.