Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using www.TryHYLA.com  (“the Site”) operated by Hills Trading LLC (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site.

 

By accessing or using the website, web page, client portal, or mobile application (“Site”) in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. If you do not agree with any of these terms, do not use or access this Site.

 

Our Site and all of the contents, features and functionality, are owned by Heyday Licensing LLC and operated by Hills Trading LLC. Our licensors are protected by United States and international intellectual property or proprietary rights laws. We reserve the right to amend our Site, and any service or material we provide on our Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of our Site is unavailable at any time or for any period.

 

USE LICENSE

Your permission to use and access this Site is the grant of a limited license, not a transfer of title, and your limited license to use or access our Site shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time for any reason or no reason.

 

When using or accessing our Site, you may not:

• modify or copy any material or Services;
• use the material or Services for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on the Site or that supports the Site or any Services;
• engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site, or while using this Site;
• remove any copyright or other proprietary notations from the material; or
• transfer the materials to another person or entity or “mirror” the material on any other server.

 

POSTING CONTENT

In these Terms and Conditions of Use, your “Content” shall mean any audio, video, text, images or other material, including comments or feedback, you choose to post on or submit to us via this Website. With respect to your Content, by posting it in a way that is visible to the public, you grant us a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it on our Site and in any and all media. Your Content must be your own and must not be infringing on any third party’s rights or violate any of the restrictions in the subsection below. We reserve the right to remove any of your Content from our Site at any time, and for any reason, without notice.

Without limiting the foregoing, you agree not to use, or permit to be used, any messaging capabilities or any Services on our Site that permit text entry or the uploading or posting of audio, video or images to post, transmit or disseminate any:

• unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material;
• material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its customers or subscribers attempt to decompile or reverse engineer any software contained on the Site or that supports the Site or any Services;
• material or data that is illegal, or material or data that is harassing, coercive, libelous, defamatory, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of us and/or our third- party service providers; material or data that is related to illegal drugs (e.g., marijuana, cocaine) or to pharmaceuticals, material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information or contains any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to our equipment or facilities and/or those of any third party; or material or information that is false or misleading, or likely to mislead or deceive.

 

Your permission to use and access this Site is the grant of a limited license, not a transfer of title, and your limited license to use or access our Site shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time for any reason or no reason.

 

DISCLAIMER

Prices, terms, promotions, features, options, designs, specifications, and descriptions are subject to change without notice. Prices shown refer to the standard product(s) and do not include any optional features, upgrades or premiums. We reserve the right to make changes to its website and product(s). Any information such as but not limited to benefits, features, and descriptions are not guaranteed, are subject to change or modification at any time. 

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO OR FROM IT. THE MATERIALS ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITE LINKED TO THE SITE.

 

LIMITATION OF LIABILITY

IN NO EVENT WILL WE, OUR AFFILIATES OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, AGENTS, EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITE, ANY WEBSITES LINKED TO OR FROM IT, ANY CONTENT ON OUR SITE OR ON SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless us, Intellectual Property owners, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions of Use and your use of our Site, including, but not limited to, any use of our Site’s content, services and products other than as expressly authorized in these Terms and Conditions of Use or your use of any information obtained from our Site.

 

REVISIONS AND ERRATA

The materials appearing on our Site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Site are accurate, complete, or current. 

 

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

 

LINKS

We have not reviewed all of the third-party websites linked to by the Site and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the third-party website. Navigation to and use of any such linked website is at the user’s own risk.

 

SITE TERMS OF USE MODIFICATIONS

We may revise these Terms and Conditions of Use for the Site at any time without notice. By accessing or using the Site, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

 

COUNTERFEIT PRODUCTS AND INTELLECTUAL PROPERTY

As the popularity of Heylo Vapor Devices grows, it has come to our attention that some manufacturers have illegally imported, offered, and sold counterfeit Products, all in violation of our intellectual property rights. 

 

Aside from the illegal sale of counterfeit goods and trademark infringement of those companies, please be aware that the counterfeit product may be made of cheaper quality materials and are unlikely to have undergone proper testing for product safety, thus the counterfeit product may not be fit for consumer use. Our company, brand, and/or Site has no control over the quality of the counterfeit product.

 

We highly discourage any use, purchase, or possession of counterfeit products or devices. Neither our company, nor our distributors or retailers will replace or refund any defective counterfeit product. 

 

Please note that we will not hesitate to pursue aggressive action as necessary to prevent marketplace confusion, protect our customers, and protect our valuable intellectual property. 

 

GOVERNING LAW

This Agreement, any further rules, policies, or guidelines incorporated by reference, and any claim relating to the Site shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.

 

TERMINATION

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

ENTIRE AGREEMENT

These Terms and Conditions of Use, our Privacy Policy and any other document we deem relevant constitute the sole and entire agreement between you and us with respect to our Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Site.