TERMS OF USE

 

Last Updated: 12/21/23

 

Your use of Hilltower.com (the “Website”) constitutes your agreement with Hilltower Personnel℠ (“Hilltower”) to be bound by the terms and conditions set forth in these terms of use (“Terms of Use”). The following terms govern your use of the Website and the content, information and material appearing on this Website (collectively, “Content”). The limited license provided to you under this Terms of Use terminates automatically, without notice to you, if you breach any of these Terms of Use. 

Legal Notice: All notices from Hilltower to you may be posted on our Website and will be deemed delivered within one (1) day after posting. Notices from you to Hilltower shall be sent by mail to our address at: 1521 Concord Pike, #301, Wilmington, DE 19803. Delivery shall be deemed to have been made by you to Hilltower as of the date actually received by Hilltower.

Copyright Notice: All Content is the property of Hilltower unless otherwise indicated. Hilltower has the right to remove any Content for any reason. As a user, you are authorized only to view, copy, print, and distribute Content on this Website so long as (1) the Content is used for informational purposes only, and (2) any copy of the Content, Website (or portion thereof) includes the following copyright notice (or similar copy notice for Content owned by a third party): Copyright © [Current Year] Hilltower Personnel. All rights reserved. You may not use the Website or Content except as expressly permitted in these Terms of Use. By way of illustration without limitation, you are not permitted to (i) reverse engineer, disassemble, rent, lease, loan, sell, sublicense, provide information processing services, time-sharing or service bureau-type services to any third party, or create derivative works from this Website and/or the Content; (ii) use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users; (iii) use any robot, spider or other automatic device or manual process to monitor or copy this Website and/or the Content without Hilltower’s prior written permission; (iv) copy, download, perform, modify, edit, alter, enhance, reproduce, republish, distribute, re-distribute, display or transmit all or any portion of this Website and/or the Content in any manner, except to the extent expressly permitted by these Terms of Use; nor (v) otherwise export or re-export this Website and/or the Content or in violation of the export control laws and regulations of the United States of America.

Trademarks/Service Marks: Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Hilltower. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, service mark, or other intellectual property right of Hilltower or any third party, except as expressly granted herein. The company names "Hilltower℠" and "Hilltower Personnel℠", and the Hilltower "H" logo are proprietary to Hilltower and may be either registered or currently asserted solely under common law service mark rights. No claim is made to the exclusive right to use "Personnel" apart from the use as shown. The use of these names, slogan, logo or any other Hilltower trademark or service mark by any other entity is expressly prohibited without the prior written permission of Hilltower. Hilltower reserves the right to assert its intellectual property rights to the fullest extent permitted by law.

Conditions: This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Content, including product or service pricing and availability, may be changed or updated without notice. By submitting an application, creating an account, scheduling a consultation, submitting an inquiry for our services or otherwise contacting Hilltower, you permit Hilltower, its employees, agents and affiliates to contact you. Hilltower and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Hilltower believes that a person's conduct violates applicable law or is harmful to the interests of Hilltower and its subsidiaries or affiliates. Nothing within these Terms of Use nor your use of the Website or Content shall obligate Hilltower to provide any services or products to you nor otherwise obligate Hilltower beyond these Terms of Use. By creating an account, you represent and warrant that all information provided to Hilltower is personal to you, true and accurate, that you are not creating the account for any person or entity, and that you are using the account solely for the permitted purpose of potential job placement. You shall not permit any other person or entity to use or access your account except as provided by these Terms of Use. You authorize Hilltower, its employees, agents and affiliates to access and use your account and the information contained therein for the services performed by Hilltower or for any other lawful purposes including but not limited to third-party advertising without any compensation to you and to change your account’s username or password. Hilltower may, but is not obligated to, suspend or terminate your account at any time, including but not limited to termination due to inactivity. You agree to comply with all applicable laws, rules and regulations.

Warranties: The Content included in this Website has been compiled from a variety of sources and is subject to change without notice as are any services, products, programs, offerings, or technical information described in this Website. Hilltower makes no representation, guarantees or warranty whatsoever regarding (i) job placement, availability of an employment opportunity or otherwise in connection with services performed by Hilltower; (ii) the operation of the Website; (iii) the completeness, quality, or adequacy of the Website or Content; (iii) the suitability, functionality, or operation of this Website or its Content; and/or (iv) this Website being free from viruses, malware or other harmful components. By using this Website, you assume the risk that its Content may be inaccurate, incomplete or offensive, or may not meet your needs and requirements. Any materials and/or other data downloaded or otherwise obtained through the use of this website is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of such material or data.

THE CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND. HILLTOWER SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE WEBSITE AND CONTENT. IN NO EVENT WILL HILLTOWER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF HILLTOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

A possibility exists that the Content could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the Content. Although Hilltower tries to ensure the integrity and the accurateness of the Content, it makes no guarantees about their correctness or accuracy.

Third Party Content and Advertisements: Any warranty that is provided in connection with any products or services described on this Website offered or to be provided by anyone other than Hilltower is offered or provided by the advertiser, service provider, or manufacturer only, and not by Hilltower. The inclusion of third-party content, information and material (collectively, “Third-Party Content”) on this Website does not imply any endorsement by Hilltower, which makes no warranty of any kind with respect to the Third-Party Content or the products or services that are the subject matter of the third-party advertisements. Before relying on any representation made in any Third-Party Content, check with the advertiser, service provider, or manufacturer of the product or service to ensure that the information you are relying upon is correct

Limitation of Liability: Hilltower (and its directors, managers, members, officers, employees, affiliates, successors, assigns, agents and representatives) shall not be liable for any injury, claim, liability or damage of any kind arising out of or related to your use of this Website, or otherwise related to the Content (including but not limited to Third-Party Content) or the Website. Hilltower (and its directors, managers, members, officers, employees, affiliates, successors, assigns, agents and representatives) shall not be liable for any special, direct, indirect, incidental or consequential damages of any kind whatsoever, including without limitation, attorney fees, lost profits, goodwill, business interruption, loss of business information or data, loss of opportunity and the like, in any way due to, resulting from, or arising in connection with the use or inability to use this Website, or otherwise related to the Content (including but not limited to Third-Party Content) or the Website.  

Void Where Prohibited: Although the Content on this Website is accessible worldwide, not all services discussed in this Website are available to all persons or in all geographic locations or jurisdictions. Hilltower reserves the right to limit the provision of its services to any person, geographic area, or jurisdiction it so desires and to limit the quantities of any services that it provides. Any offer for any service made in the Content on this Website is void where prohibited.

Privacy Policy: To read Hilltower’s full privacy policy, visit: https://hilltower.com/privacy-policy/. The terms of that Privacy Policy, and any future amendments to it, are hereby incorporated by reference in its entirety into these Terms of Use, where inconsistent these Terms of Use shall control.

Governing Law: These Terms of Use will be governed and construed under the laws of the State of Delaware, U.S.A., without regard to its choice of law provisions. Arbitration: any claim, dispute, or cause of action (whether in law or equity and whether based in contract, tort or otherwise) arising under or related to this Agreement (including but not limited to disputes arising out of or related to these Terms of Use (including but not limited to the Privacy Policy), this Website, the Content, the Services Provided by Hilltower and/or otherwise involving you and Hilltower shall be resolved by mandatory binding arbitration. The arbitrability of this Agreement shall be resolved by mandatory binding arbitration. Arbitration shall be conducted in accordance with Delaware’s Uniform Arbitration Act and the American Arbitration Association’s Commercial Rules of Arbitration; however, the arbitration shall not be subject to the jurisdiction of the American Arbitration Association except as otherwise set forth herein. The arbitration shall take place in New Castle County, Delaware. The parties shall agree to an arbitrator within thirty (30) days of the responding party’s receipt of written notice of arbitration (such notice directed to Hilltower to be by certified or registered mail return receipt requested or by nationally recognized overnight carrier requiring signed acknowledgment of receipt). If the parties cannot agree to an arbitrator within such time period, the initiating party shall submit the arbitration to the American Arbitration Association which shall have jurisdiction over the arbitration and select the neutral arbitrator. The award and decision of the arbitrator shall be final and binding upon the parties thereto and no appeal shall be allowed from any such award, determination or decision. Any party may seek legal action in a court of appropriate jurisdiction to record and/or enforce any decision, determination or award made by the arbitrator. The costs of the arbitration shall be borne on behalf of the party incurring such costs unless otherwise decided by the arbitrator. WAIVER OF JURY: YOU HEREBY IRREVOCABLY, KNOWINGLY AND VOLUNTARILY WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY CLAIM, DISPUTE OR CAUSE OF ACTION (WHETHER IN LAW OR EQUITY AND WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS OF USE (INCLUDING BUT NOT LIMITED TO THE PRIVACY POLICY), THIS WEBSITE, AND/OR THE CONTENT, THE SERVICES PROVIDED BY HILLTOWER AND/OR OTHERWISE INVOLVING YOU AND HILLTOWER. YOU FURTHER WAIVE THE RIGHT TO ANY CLAIM, DISPUTE OR CAUSE OF ACTION IN WHICH A RIGHT TO JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER CLAIM, DISPUTE OR CAUSE OF ACTION IN WHICH A RIGHT TO JURY TRIAL HAS NOT BEEN WAIVED.

Miscellaneous: The Terms of Use constitute the entire agreement between you and Hilltower with respect to this Web site. The Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Hilltower with respect to your use of the Website and the Content. No modification of the Terms of Use shall be effective unless it is authorized by Hilltower in writing. These Terms of Use may change from time to time without notice to you provided such changes are updated on the Website and further provided that such changes shall only apply with respect to to your continued use of the Website after these Terms of Use have been updated on the Website. Your continued access of this Website will be deemed acceptance of the latest Terms of Use. If any provision of the Terms of Use is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect. Headers used in these Terms of Use are for convenience and reference only and in no way shall define, limit, interpret, extend or describe the scope of these Terms of Use or any provision herein.

Assignment and Waiver: Hilltower may assign these Terms of Use to a third party at any time without notice to you. You shall not assign your rights under these Terms of Use without Hilltower’s prior express written consent. Neither Hilltower’s failure to exercise any of its rights under these Terms of Use, nor our delay in enforcing or exercising any of our rights, shall constitute a waiver of such rights such. No waiver by Hilltower shall be effective unless signed in writing by Hilltower. If Hilltower waives any right under these Terms of Use on one occasion, such waiver shall not operate as a waiver as to any other occasion.