This section of the Terms of Service provides an overview of the website operator (Hi5.NYC CORP) and establishes that the terms "we," "us," and "our" refer to Hi5.NYC. Users are granted access to the website, its information, tools, and services based on their acceptance of all specified terms, conditions, policies, and notices.
Additionally, there is a disclaimer stating that the website is not affiliated with or endorsed by Facebook™ or Google™. It clarifies that the site is not part of the Facebook™ or Google™ websites and is not endorsed by these companies in any way. It acknowledges the trademarks of Facebook™ and Google™ and emphasizes the independent nature of the website from these platforms.
This section outlines the conditions under which users engage in the "Service" provided by Hi5.NYC. By visiting the site or making a purchase, users are agreeing to be bound by the specified Terms of Service, which include additional terms, conditions, and policies referenced in the document.
Users, including browsers, vendors, customers, merchants, and contributors of content, are advised to carefully read the Terms of Service before accessing or using any part of the website. Acceptance of the Terms of Service is a prerequisite for accessing the website or using its services. If a user disagrees with any part of the terms and conditions, they are advised not to access the website or use any services.
The section also highlights that any new features or tools added to the website in the future will also be subject to the existing Terms of Service. Users are encouraged to review the most current version of the Terms of Service on the provided page, as Hi5.NYC reserves the right to update, change, or replace any part of the Terms of Service by posting updates and changes on the website. Continued use of the website following the posting of any changes indicates the user's acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
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, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We retain the right to reject service to any individual at our discretion and without prior notice. Users acknowledge that their content (excluding credit card information) may be transferred without encryption, involving transmissions over various networks and adapting to technical requirements. It is emphasized that credit card information is consistently encrypted during its transfer across networks. Users commit not to engage in the reproduction, duplication, copying, selling, reselling, or exploitation of any aspect of the Service, including access to the website or contacts on the website, without our explicit written permission. The headings in this agreement are included solely for convenience and do not impose limitations or alter the terms articulated in this agreement.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The site cannot be held responsible if the information presented is not accurate, complete, or up-to-date. The content on this site is intended for general informational purposes only and should not be the sole basis for decision-making. Users are advised to consult primary, more accurate, complete, or timely sources of information before relying on the material provided on this site. Any reliance on this material is undertaken at the user's own risk.
The site may include historical information for reference purposes only, and it is explicitly communicated that historical information is not current. While we reserve the right to modify the site's content at any time, there is no obligation on our part to update the information. Users acknowledge that it is their responsibility to stay informed about any changes to the site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products may change without prior notice. We retain the right to modify or terminate the Service, or any part of its content, at our discretion and without advance notice. We are not liable to you or any third party for any alterations, changes in price, suspension, or discontinuation of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be exclusively available online through our website. These items may have limited quantities and are eligible for return or exchange in accordance with our Return Policy.
We have taken every precaution to accurately display the colors and images of our products on the store. However, we cannot guarantee that the display on your computer monitor will precisely reflect the actual color.
We retain the right, though we are not obligated, to limit the sales of our products or services to specific individuals, geographic regions, or jurisdictions. This restriction may be applied on a case-by-case basis. Additionally, we reserve the right to limit the quantities of any products or services we offer. Descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We may discontinue any product at any time. Any offers for products or services on this site are void where prohibited.
We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations. We also do not warrant that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We maintain the right to reject any order you make with us. In our sole discretion, we may choose to limit or cancel quantities purchased per person, per household, or per order. These limitations may encompass orders placed under the same customer account, using the same credit card, and/or sharing the same billing and/or shipping address. If an order is modified or canceled, we may make an effort to notify you by using the email and/or billing address/phone number provided during the order placement. We also reserve the right to restrict or disallow orders that, in our sole judgment, seem to be initiated by dealers, resellers, or distributors.
You are responsible for providing current, complete, and accurate purchase and account information for all transactions at our store. It is your obligation to promptly update your account and other details, including your email address and credit card information, to facilitate the completion of your transactions and ensure we can reach you as necessary.
For additional information, please refer to our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may grant you access to third-party tools, the monitoring and control of which are beyond our purview. You acknowledge and consent to the provision of access to such tools on an "as is" and "as available" basis, devoid of any warranties, representations, or conditions and without our endorsement. We bear no liability whatsoever for issues arising from or connected to your utilization of optional third-party tools. Your use of optional tools provided through the site is solely at your own risk and discretion. It is your responsibility to familiarize yourself with and approve of the terms under which tools are supplied by the relevant third-party provider(s). Additionally, we may introduce new services and/or features through the website in the future, including the release of new tools and resources. These novel features and/or services will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Content, products, and services offered through our Service may encompass materials from third-parties. Links to third-party websites on this site may redirect you to external sites unaffiliated with us. We do not undertake the examination or assessment of third-party content or accuracy, and we do not guarantee, warrant, or assume any liability or responsibility for the materials, websites, or any other products, services, or content of third-parties. Any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions involving third-party websites are not our responsibility. Prior to engaging in any transaction, carefully review the policies and practices of the third-party, ensuring you understand them. For any complaints, claims, concerns, or questions regarding third-party products, contact the third-party directly.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, in response to our request, you submit specific entries (such as contest submissions), or, without our solicitation, provide creative ideas, suggestions, proposals, plans, or other materials, whether through online means, email, postal mail, or any other method (collectively referred to as 'comments'), you agree that we have the unrestricted right to, at any time, edit, copy, publish, distribute, translate, and otherwise use such comments in any medium. We are not obligated: (1) to maintain comments in confidence; (2) to provide compensation for any comments; or (3) to respond to any comments.
While we may choose to, we are not obliged to monitor, edit, or remove content that, in our sole discretion, we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or in violation of any party’s intellectual property or these Terms of Service.
You agree that your comments will not infringe upon any third-party rights, including copyright, trademark, privacy, personality, or any other personal or proprietary right. Furthermore, your comments will not contain libelous, unlawful, abusive, or obscene material, nor include any computer virus or malware that could impact the operation of the Service or any related website. You may not use a false email address, pretend to be someone else, or mislead us or third-parties regarding the origin of any comments. You are solely responsible for the accuracy of your comments. We assume no responsibility and accept no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, our site or the Service may contain information that includes typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions and to modify or update information, or cancel orders if any information in the Service or on any related website is found to be inaccurate, without prior notice (including after you have submitted your order).
We are under no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. The absence of a specified update or refresh date in the Service or on any related website should not be interpreted as an indication that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to the prohibitions outlined in the Terms of Service, you are expressly prohibited from using the site or its content for the following purposes: (a) engaging in any unlawful activities; (b) soliciting others to participate in or perform unlawful acts; (c) violating international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) infringing upon or violating our intellectual property rights or the rights of others; (e) engaging in harassment, abuse, insults, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or misleading information; (g) uploading or transmitting viruses or any other type of malicious code that could affect the functionality or operation of the Service, related websites, or the Internet; (h) collecting or tracking the personal information of others; (i) engaging in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) using the Service for any obscene or immoral purpose; or (k) interfering with or circumventing the security features of the Service, related websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for any violations of these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the service will be accurate or reliable. You acknowledge and agree that we may, from time to time, remove the service for indefinite periods or cancel the service at any time without notice.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service, along with all products and services delivered through it, is provided "as is" and "as available," without any representation, warranties, or conditions of any kind, whether express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Hi5.NYC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including 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 the service or any products procured using the service. This also applies to any other claim related in any way to your use of the service or any product, including errors or omissions in any content, or any loss or damage incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Hi5.NYC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - 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 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services (or any part thereof) accordingly.
SECTION 17 - 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 policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, 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).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - 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 by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your use of the Service or from you providing us with a phone number that is not your own.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Questions about the Terms of Service should be sent to us at hello@hi5.nyc.
