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You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify HIKI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Site. HIKI will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Third Party Sites. The Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. You acknowledge and agree that HIKI will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such External Site. Any dealings you have with third parties found while using the Site are between you and the third party, and you agree that HIKI is not liable for any loss or claim that you may have against any such third party.
Please remember that the manner in which the Social Networking Services use, store and disclose your information is governed solely by the policies of such Social Networking Services, and HIKI shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled on the Site. In addition, HIKI is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with the Social Networking Services. As such, HIKI is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. HIKI enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
User Content. With respect to any information, content or other materials you upload through the Site or share with other Site users or recipients (including Photos (as defined below)] (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.
The Site may pull content from our users who share photos and videos on Instagram, Twitter, Snapchat, Pinterest, YouTube, TikTok, and Twitch using our brand hashtags, including, without limitation, #sweattalk, #HIKIforanybody, #HIKI, #todayimfeeling (collectively, the “HIKI Hashtags”), or tagging the @HIKIForAnyBody accounts (collectively, “Photos”). You acknowledge and agree that the Photos may be posted on the Site, and you hereby grant HIKI permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Site and/or Products and similar promotional purposes. You represent and warrant that the posting and use of your Photos does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.
By uploading any User Content you hereby grant and will grant HIKI and its affiliated companies, successors and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of HIKI’s business or the promotion, advertising or marketing thereof and/or of any Product, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, reviews or other information about the Site and/or Products (“Submissions”), provided by you to HIKI are non-confidential and HIKI will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
HIKI respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify HIKI of your infringement claim in accordance with the procedure set forth below. HIKI will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to HIKI’s Copyright Agent at email@example.com (Subject line: “DMCA Takedown Request”).
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: • your physical or electronic signature; • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Raleigh, North Carolina and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, HIKI will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it within ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
In accordance with the DMCA and other applicable law, HIKI has adopted a policy of terminating, in appropriate circumstances and at HIKI's sole discretion, users who are deemed to be repeat infringers. HIKI may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the Products as such costs are specified by us on the Site when you submit your order.
We are constantly updating Product offerings and other content on the Site. We may add, delete, remove, modify, disable, suspend, or restrict some or all of the Site (or the Products offered for sale thereon) at our sole discretion without notice to you, and you acknowledge that: (i) you may no longer be able to use the Site to the same extent, or at all, as prior to such events, and (ii) we shall have no liability to you or any third party in such case. We shall not be liable in any event for the addition, deletion, removal, modification, disabling, suspension, or restriction of access to or use of any or all of the Site (including the Products offered for sale thereon). We may change the descriptions, specifications, and prices of the Products offered for sale through the Site without notice and at any time. We do not warrant that such descriptions, specifications, and prices of Products are accurate, complete or current at all times.
We may experience delays in updating information on the Site and in our advertising on other web sites. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Site and we cannot guarantee the accuracy or completeness of any information found on the Site. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time, without prior notice.
All other information with respect to the purchase of Products from the Site can be found on the Order Help Page located at hiki.com/FAQ.
Returns and Exchanges. Except for gift cards, and store-specific merchandise which are final sale, we accept Products for returns and exchanges if requests are submitted within 30 days of receiving the order (in its entirety). To return or exchange your Product(s), please email us at firstname.lastname@example.org with your name, address, order number and the Product(s) you would like to exchange or return. After we receive your written request, we will respond with further instructions about returning the Product(s) to us.
Upon receiving the returned Product(s) from you, we will process any refund due to you as soon as possible. You will be refunded in full to your original form of payment, including the cost of standard delivery; however, we will not refund your cost of returning the Product(s) to us. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. For more information about returns and exchanges, please see hiki.com/FAQ.
Limitation of Liability and Disclaimer of Warranties. HIKI, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “HIKI PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR THE PRODUCTS, INCLUDING BUT NOT LIMITED TO THE SITE’S ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE HIKI PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE, THE CONTENT AND THE PRODUCTS AT YOUR OWN RISK.
THE HIKI PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THE SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO HIKI PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THE SITE, THE CONTENT AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE HIKI PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL ANY HIKI PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, THE CONTENT OR THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH HIKI PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE HIKI PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTION TITLED “LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES” IS INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
User Must Comply with Applicable Laws. The Site is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
[In compliance with California law (SB 657), HIKI: (a) undertakes to verify its product supply chains to evaluate and address risks of human trafficking and slave labor; (b) conducts various types of independent audits, both announced and unannounced, of its suppliers to evaluate supplier compliance with HIKI standards for trafficking and slavery in supply chains. Such audits conducted under this program are performed by HIKI and third-parties; (c) requires certification by its direct suppliers that materials used to make its products are from suppliers that comply with laws regarding slavery and human trafficking in the country or countries in which they are doing business; (d) maintains internal accountability standards and procedures; and (e) provide company employees and management, who have direct responsibility for supply chain management, training on human trafficking and slavery, particularly with respect to mitigation risks within the supply chain of products.]
U.S. Government Restricted Rights. The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Site or Content by the Government constitutes acknowledgement of our proprietary rights in the Site and Content.
Dispute Resolution By Binding Arbitration. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
(b) Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND HIKI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND HIKI AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
(c) Pre-Arbitration Dispute Resolution. HIKI is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to HIKI should be sent to HIKI, Inc. 119 S Main Street Suite 200, Durham, NC 27701 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If HIKI and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or HIKI may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by HIKI or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or HIKI is entitled.
Unless HIKI and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, HIKI agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
(e) Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, HIKI will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, HIKI will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, HIKI will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
(f) Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
User Disputes. You agree that you are solely responsible for your interactions with any other user in connection with the Site and/or the Products and HIKI will have no liability or responsibility with respect thereto. HIKI reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Site and/or the Products.
Notice for California Users. Under California Civil Code Section 1789.3, users of the Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at HIKI, Inc., 119 S Main Street Suite 200, Durham, NC 27701 or 866-896-1249.