Terms of use
Welcome to Hilite.com. These terms of use apply when you use our website and engage with our social media sites and pages (such as our Facebook Page and Instagram Page) (collectively, the “Services”). Our aim is to provide access to a wide array of floral, gift basket, and gift products and services, as well as information and ideas, to a broad audience. To ensure a safe and enjoyable environment for all our users, we have established these Terms of Use. This way, you will know what to expect from us and what we expect from you.
These terms of use also apply to all merchandising channels of Hilite and its affiliates, including, but not limited to, the internet, telephone, catalog, radio, television, mobile device, social media, and participating retail stores. By accessing any of the company’s merchandising channels or any areas of the Service, you agree to be legally bound and to abide by these terms of use.
Ownership, Trademarks, and Patents
Hilite.com is owned by the Company or one of its Affiliates. “Affiliates” are those persons or entities directly or indirectly controlling, controlled by, or under common control with the Company. One or more patents may apply to this Website. All other third-party trademarks, product names, and company names and logos appearing on the Service are the property of their respective owners.
Disclaimers and Limitation of Liability
You expressly agree that use of the Service is at your sole risk. Neither the Company, its affiliates, nor any of its officers, directors, employees, agents, third-party service or content providers (“providers”), merchants (“merchants”), sponsors (“sponsors”), licensors (“licensors”), or the like (collectively, “associates”) warrant that the Service will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Service. However, the Company does guarantee that your floral arrangement will be fresh upon delivery and that our gourmet products will be wholesome and free of substantial defects. If they are not, the Company’s sole maximum liability will be, within its sole discretion, either to refund the actual purchase price paid by the customer or to replace and deliver an equivalent floral arrangement or affected food product as soon as reasonably practical.
The Service is provided on an “as is,” “as available” basis, and the Company specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written or electronically delivered information given by the Company, its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensors, or the like, shall create any warranty whatsoever.
Under no circumstances shall the Company, its affiliates, or any other party involved in creating, producing, manufacturing, distributing, marketing, or selling the Service products, services, or this website be liable for any direct, indirect, incidental, special, or consequential damages, including without limitation, lost profits that result from the use of or inability to use the Service, including but not limited to reliance by you on any information obtained from the Service or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to the Company’s records, programs, or services.
Unless otherwise specifically stated to the contrary, all prices and discounts for any and all products or services offered for sale (“offers”) are exclusive of applicable service and shipping charges and all taxes, if applicable. Products and offers may vary and are subject to availability, delivery rules, and times. Offers cannot be combined, are not available on all products and services, and are subject to restrictions, limitations, and blackout periods. Promotional offers (as defined below) are limited to one per customer order, are non-transferable, are not for resale, and may not be redeemed for cash. Prices and charges are subject to change without notice. Void where prohibited.
The Company reserves the right, within its sole discretion, to refuse to accept and process any and all customer orders and to suspend, discontinue, and refuse the use or acceptance of any and all offers, promotions, discounts, including but not limited to, any and all savings passes, reward passes, fresh rewards, points, award cards, appreciation awards, gift cards, gift certificates, and any and all other similar devices and promotional offers or campaigns (“promotional offers”) in the event of advertising errors and/or the actual or suspected misuse, fraud, or abuse associated with said promotional offers or customer orders.
You hereby acknowledge that this paragraph shall apply to all products, services, and content available through all promotional channels of the Company’s services and that of its affiliates, including, but not limited to, the internet, telephone, catalog, radio, television, mobile device, social media platform, and participating retail stores. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.
Third-Party Service Providers
Some aspects of the Service may be dependent upon a third-party service provider, such as a wireless carrier, social media platform, or logistics company. We do not control such third-party service providers and are not liable for their acts or omissions. In addition, such third-party service providers may have their own terms, policies, and guidelines. You should become familiar with all such terms, policies, or guidelines prior to using the Service through such third-party service provider.
Content Ownership
You understand that the Service comprises information, text, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) protected by copyrights, trademarks, or other proprietary rights, and that these rights remain valid and safeguarded in all existing and future forms, media, and technologies. The Content is copyrighted as a collective work under international copyright laws, and either the Company, its Affiliates, or other third-party licensors may own copyrights in the selection, coordination, arrangement, and enhancement of the Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may use the content solely for your personal non-commercial purposes and make copies of selected portions of the Content, provided you retain any notices contained in the Content, such as copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by fair use under copyright laws, you may not upload, post, reproduce, or distribute Content protected by copyright or other proprietary rights without obtaining permission from the copyright or other propriety right owner. In addition, the use of any software Content shall be governed by the software license agreement accompanying such software.
Third-Party Content on the Website
The Company acts as a distributor, not a publisher, of Content provided by third parties on the Service. Opinions, advice, statements, services, offers, or other information constituting part of the Content expressed or made available by third parties, including Providers, Merchants, Sponsors, Licensors, or any user of the Service, are those of the respective authors or distributors and not of the Company, its Affiliates, or their officers, directors, employees, or agents. Neither the Company nor its Affiliates, nor their respective officers, directors, employees, or agents, nor any third party, including any Provider, Merchant, Sponsor, Licensor, or any other user of the Service, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any specific purpose.
In many cases, the Content available through the Service represents the opinions and judgments of the respective Provider, Merchant, Sponsor, Licensor, subscriber, customer, or user, whether or not under contract with the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, submission, posting, or statement made on the Service by anyone other than authorized Company employees. Under no circumstances shall the Company, its Affiliates, or any of their respective officers, directors, employees, or agents, be liable for any loss or damage caused by your reliance on any Content or other information obtained through the Service. It is your responsibility to evaluate the information, opinion, advice, or other Content available through the Service.
User Contributions
The Company does not claim ownership of any Content you submit or make available for inclusion on the Service. However, concerning all such Content, including, without limitation, creative ideas, suggestions, content, postings, artwork, videos, sound recordings, text, material, or other submissions whether via email, feedback, a public forum or otherwise (collectively, “User Submissions”), you grant the Company and its Affiliates a worldwide, perpetual, royalty-free, irrevocable, non-exclusive right to use, communicate, reproduce, publish, display, perform, modify, alter, adapt, translate, sublicense, distribute, create derivative works from, and exploit such User Submissions in any manner, including on the Service or any other websites, in television programs, on radio, in books, magazines, articles, commentaries, and in any other medium now known or later developed without your consent. You also warrant that you own or otherwise control all the rights to any User Submissions you submit or post on or to the Service or otherwise transmit to the Company and that our public posting and other public or private use of such User Submissions will not infringe the rights of any third party. You acknowledge that you are not entitled now, or in the future, to any compensation for any User Submissions you may submit or post.
No User Submissions, regardless of how they may be marked, will be received by us in confidence, nor shall they be subject to any express or implied obligation of confidentiality. Neither the Company, its Affiliates, nor their respective officers, directors, agents, or employees shall be liable for any use or disclosure of any User Submissions.
You and your successors and assigns hereby waive any and all rights and remedies you may have against the Company, its Affiliates, or any of their respective officers, directors, employees, or agents now or in the future, and hereby release the Company, its Affiliates, and any of their respective officers, directors, agents, and employees from any and all claims, demands, actions, causes of action, damages, obligations, losses, and expenses of whatever kind, (collectively “Claims”) relating to providing, posting, transmitting, or making available through the Service the User Submissions to the Company, or the Company receiving, evaluating, and utilizing the User Submissions.
Additionally, the Company may, in our sole discretion, at any time and without prior notice to you, suspend or terminate any public forum, any other portion of the Service, or the subscription or registration of any user who violates any of these terms and conditions of use, any of the rules, regulations, or guidelines, or for any other behavior that we, in our sole discretion, believe is in breach of these Terms of Use.
Public Forum Usage
A “public forum” refers to any publicly accessible message board, chat room, discussion group, folder, survey, contest, sweepstakes, user review and rating forum, or other interactive service or promotion on or accessible via the Service, and includes both public boards and folders. To participate or register in any public forum, you must follow the instructions provided on the Service. You may not submit or post any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, invades a person’s privacy, violates any intellectual or other property rights, or is vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable in any public forum, nor send any such material to other public forum users or our employees. You agree not to use any false email address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other Content, or attempt to do any such acts. You may not use any public forum for commercial purposes or submit or post material that solicits funds or advertises or solicits goods or services. You may not submit or post any User Submissions or material that you know, or should have known, to be false. You may not submit or post messages regarding stocks or other securities. You may not submit, post, or transmit any information, software, or other material containing a virus or other harmful component.
The Company is not responsible for any User Submissions or material appearing in any public forum on the Service, except for Content created by one of our identified authorized representatives. We do not screen User Submissions for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. However, we retain the rights outlined in the Company’s Rights section below.
Distribution/Uploading of Third-Party Content by Users
Except as otherwise specified in these Terms, you agree not to upload or otherwise distribute any Content created or owned by others that is subject to any copyright or other proprietary rights of any third party on the Service. Unauthorized submission or distribution of copyrighted or other proprietary third-party Content is illegal and could subject you to personal liability for damages. You, not the Company, its Affiliates, or any of their respective officers, directors, agents, employees, Merchants, Providers, Sponsors, Licensors, or the like, will be liable for any damages resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission.
Compliance with Laws and Export Regulations
You agree to use the Content and this Service in compliance with all applicable laws, rules, and regulations and in a manner that does not, in the sole judgment of the Company, negatively reflect on the goodwill or reputation of the Company or any of its Affiliates.
By using the Service, you agree to abide by all applicable local, state, national, and international laws and regulations. Additionally, you acknowledge that the export of certain technologies and software may be subject to the jurisdiction of various governmental agencies and subject to their approval. You agree not to export or re-export any Content, technology, or software available on the Service, either directly or indirectly, without first obtaining proper authorization from the appropriate governmental agencies.
Modification of Terms
The Company reserves the right to modify these Terms of Use at any time without prior notice. Any changes to the Terms will be effective immediately upon posting on the Service. Your continued use of the Service following the posting of any changes to the Terms constitutes your acceptance of the modified Terms. It is your responsibility to periodically review these Terms of Use to stay informed of any updates.
Termination
The Company reserves the right, in its sole discretion, to terminate your access to all or part of the Service, with or without notice, for any reason or no reason, including, without limitation, your violation of these Terms of Use.
Company’s Rights
The Company is not accountable for screening, policing, editing, or monitoring Content (including User Submissions). The Company (or its Affiliates) may choose, but is not obliged, to monitor areas of the Service electronically or otherwise and may disclose any Content (including User Submissions), records, or electronic communication of any kind and information you provide to the Company or its Affiliates, through the Service or otherwise, including all merchandising channels, (i) when we believe disclosure is appropriate to comply with any law, regulation, or government or law enforcement request, or to comply with judicial process; or (ii) if such disclosure is necessary or appropriate to operate the Service and/or the overall business of the Company and its Affiliates; or (iii) to protect the rights or property of the Company, users of the Service, Affiliates, subscribers, customers, recipients, Sponsors, Providers, Licensors, or Merchants. Subject to the “Copyright Agent” provisions above, if notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, the Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Service.
The Company reserves the right to prohibit or remove conduct, communication, or Content (including User Submissions) that it deems, in its sole discretion, to be harmful to users of the Service, subscribers, customers, recipients, Providers, Merchants, Sponsors, or Licensors, content or service providers, the Company or its Affiliates, or any rights of the Company or any third party, or to violate any applicable law. Despite the foregoing, neither the Company nor its Affiliates, Providers, Merchants, Sponsors, or Licensors can ensure prompt editing or removal of questionable Content after online posting. As a result, neither the Company nor its Affiliates, nor any of their respective officers, directors, employees, agents or employees, nor any Provider, Merchant, Sponsor, or Licensor shall assume liability for any action or inaction concerning conduct, communication, or Content (including User Submissions) on the Service.
Online Conduct
Any conduct by you that, in the Company’s sole discretion, restricts or inhibits any other user from using or enjoying the Service will not be permitted. You agree to use the Service following these Terms of Use and only for lawful purposes.
You agree not to use the Service to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in specified areas, if any, explicitly designated for such a purpose. The provisions of these Terms of Use are for the benefit of the Company, its Affiliates, and the Service Providers, Merchants, Sponsors, and Licensors, and each shall have the right to assert and enforce such provisions directly against the violator on their own behalf.
