WEBSITE STANDARDS

 

Last Updated: 9/28/24

 

Your use of Hilltower.com (the “Website”) signifies your agreement to be bound by these Website Standards set forth by Hilltower Personnel® (“Hilltower”). The following Website Standards 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 these Website Standards terminates automatically without notice if you breach any of these Standards.

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. Delivery shall be deemed to have been made by you to Hilltower as of the date actually received by Hilltower.

Copyright Notice: All content on Hilltower's website is the property of Hilltower, unless otherwise indicated, and Hilltower reserves the right to remove any content for any reason. As a user, you are permitted to view, copy, print, and distribute content from the website, provided that it is used solely for informational purposes and that any copies include the following copyright notice: "Copyright © [Current Year] Hilltower Personnel. All rights reserved." The use of the website or its content is restricted to what is expressly permitted in these standards, and certain activities are strictly prohibited. These prohibited activities include reverse engineering, disassembling, renting, leasing, loaning, selling, sublicensing, or creating derivative works from the website or its content. Additionally, using network monitoring or discovery software to analyze the site architecture, extracting information about usage or users, or employing automated tools such as robots or spiders to monitor or copy the website or its content without prior written permission from Hilltower is forbidden. Users are also prohibited from copying, downloading, performing, modifying, editing, enhancing, reproducing, republishing, distributing, or transmitting any part of the website or its content in any manner, except as expressly allowed by these standards. Furthermore, exporting or re-exporting the website or its content in violation of U.S. export control laws is strictly prohibited.

Trademarks/Service Marks: The names "Hilltower℠" and "Hilltower Personnel®", and the Hilltower "H" logo are proprietary to Hilltower. No claim is made to the exclusive right to use "Personnel" apart from the use as shown. The use of these names, slogans, logos, or any other Hilltower trademark or service mark by any other entity is expressly prohibited without prior written permission from 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, or otherwise contacting Hilltower, you permit Hilltower, its employees, agents, and affiliates to contact you. Hilltower reserves the right to refuse service, terminate accounts, and/or cancel orders at 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 Website Standards nor your use of the Website or Content obligates Hilltower to provide any services or products to you beyond these Website Standards. By creating an account, you represent and warrant that all information provided is true and accurate, 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. You authorize Hilltower, its employees, agents, and affiliates to access and use your account and the information contained therein for lawful purposes including but not limited to third-party advertising without compensation to you. Hilltower may suspend or terminate your account at any time, including 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. Hilltower makes no representation, guarantee, or warranty regarding (i) job placement, (ii) the operation of the Website, (iii) the completeness, quality, or adequacy of the Website or Content, (iv) the suitability, functionality, or operation of this Website or its Content, and (v) 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. Any materials and/or data downloaded or otherwise obtained through the use of this Website are done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting from such actions.

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. 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.

Third Party Content and Advertisements: Any warranty provided in connection with any products or services described on this Website offered by anyone other than Hilltower is offered 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 endorsement by Hilltower. 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 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 or the Website. Hilltower shall not be liable for any special, direct, indirect, incidental, or consequential damages of any kind whatsoever, including attorney fees, lost profits, goodwill, business interruption, loss of business information or data, loss of opportunity, and the like, arising in connection with the use or inability to use this Website or otherwise related to the Content or the Website.

Void Where Prohibited: Although the Content on this Website is accessible worldwide, not all services discussed on 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 into these Website Standards

Governing Law: These Website Standards 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 arising under or related to this Agreement (including but not limited to disputes arising out of or related to these Website Standards, this Website, the Content, the services provided by Hilltower, and/or otherwise involving you and Hilltower) 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. 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. If the parties cannot agree to an arbitrator within such time period, the initiating party shall submit the arbitration to the American Arbitration Association. The award and decision of the arbitrator shall be final and binding upon the parties. Any party may seek legal action in a court of appropriate jurisdiction to record and/or enforce any decision made by the arbitrator. The costs of the arbitration shall be borne by 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 ARISING OUT OF OR RELATING TO THESE WEBSITE STANDARDS, 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: These Website Standards constitute the entire agreement between you and Hilltower with respect to this Website. The Website Standards supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Hilltower with respect to your use.