Terms and Conditions
THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS”) GOVERN YOUR USE OF THE SERVICES, DEFINED BELOW IN 1, AND YOUR RELATIONSHIP WITH Hilite Uniform Inc., INC., ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AND AFFILIATES (“WE,” “OUR,” “US,” OR “Hilite Uniform Inc.”). THE FOLLOWING TERMS ARE SUBJECT TO ARBITRATION.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS. If at any time you find these Terms and Conditions unacceptable or if you do not agree to these Terms and Conditions, please do not use this Site or the Services. We may revise these Terms and Conditions at any time.
Notice of Agreement to Arbitrate and Class Action Waiver
By accepting these Terms, you agree to resolve any dispute with us on an individual basis in arbitration, and to waive any right to pursue a class action or suit in court, except in matters that may be pursued on an individual basis in your local small claims court.
ABOUT THE SERVICES
Services. These Terms describe the terms and conditions on which you may access and use the Hilite Uniform Inc. website located at HiliteUniform.com (the “Site”), the Hilite Uniform Inc. mobile site (the “Mobile Site”), and related services (together with the Site, the Mobile Site, and the Hilite Uniform Inc. Content, as defined below, the “Services”). These Terms also apply to in-store sales, whether at Hilite Uniform Inc.’s showroom or other Hilite Uniform Inc. controlled venue, if any, which are part of the Services. By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
Changes in Contract Terms. We reserve the right to change the Terms and Conditions of Use on which we offer the Services, including adding new terms or deleting existing ones. If we make any changes, we will give you reasonable and appropriate notice regarding the change. If you do not accept our changed Terms and Conditions, you always have the right to cancel your use of the Services at any time. If you wish to cancel your use of the Services, please contact order@HiliteUniform.com. If you notify us that you do not accept our Terms and Conditions, we may cancel your use of the Services (as provided in Use of Hilite Uniform Inc. Services, Paragraph 6), as we cannot offer Services to different customers on different terms, among other reasons. If you elect not to cancel your use of the Services, your continued use of the Services constitutes acceptance of the changed Terms and Conditions.
Mobile Use. To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
Limitations to Use of the Services. Children under 18 years of age may use the Site and App under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not purchase any clothing or accessories (“Products”) via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the purchase of any Products, including all legal liability he or she may incur.
USE OF Hilite Uniform Inc. SERVICES
Licenses. Subject to the terms and conditions of this Agreement, Hilite Uniform Inc. hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services for your personal use and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Hilite Uniform Inc. in advance and in writing.
Replication/Distribution. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit our Services or any portion or component thereof unless expressly permitted by Hilite Uniform Inc. in writing. You may not make any commercial use of any of the information provided through our Services.
Use of Content on Services
- Hilite Uniform Inc. Content. All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from styling experts, and photos and comments from other users (“Hilite Uniform Inc. Content”) is available to you on an “as is” basis and is to be used for general information purposes only. We may update the Hilite Uniform Inc. Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please contact Customer Service at order@HiliteUniform.com. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner.
- 3rd Party Content. The Services may contain links or references to non-Hilite Uniform Inc. websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and Hilite Uniform Inc. is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from Hilite Uniform Inc., and Hilite Uniform Inc. has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that Hilite Uniform Inc. endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
- Acceptable Use. No part of the Services, including the Hilite Uniform Inc. Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Hilite Uniform Inc. authorizes you to view, copy, download, and print Hilite Uniform Inc. Content (such as press releases and FAQs) that is available on the Services, provided that: (a) you use the Hilite Uniform Inc. Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the Hilite Uniform Inc. Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the Hilite Uniform Inc.
Content. You may not use the Services to: (i) transmit any content, information or other materials that are, or which Hilite Uniform Inc. considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a Hilite Uniform Inc. representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations. You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
Use of Your Content. If you post, upload or make available to Hilite Uniform Inc. or the Services, or otherwise submit to or through Hilite Uniform Inc. as part of your use of the Services, including the Site or Mobile Site, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to Hilite Uniform Inc. a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and Mobile Site, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize Hilite Uniform Inc. to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
Email Registration. Access to parts of the Services requires the creation of a user account, including a password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. Each time that your password or identification is used, you will be deemed to be authorized to access and use the Services in a manner consistent with the terms and conditions of this Agreement, and Hilite Uniform Inc. has no obligation to investigate the authorization or source of any such access or use of the Services. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify Hilite Uniform Inc. promptly of any unauthorized use of your account or password or any other breach or threatened breach of the Services’ security.
Access. Any violation of these Terms may result in suspension or termination of your access to the Services and/or removal of Your Content. Hilite Uniform Inc. may also terminate your account if Hilite Uniform Inc. determines that your conduct poses a risk or liability to Hilite Uniform Inc., or for any other reason as determined by Hilite Uniform Inc. in its sole discretion.
Indemnification. By using the Services, you agree to indemnify, hold harmless and defend Hilite Uniform Inc. and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
Electronic Communications. When you use any of the Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on this site or through the Mobile Site, and you can retain copies of these communications for your records. As a registered user of Hilite Uniform Inc., you agree to receive emails promoting any special offer(s), including third party offers. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may adjust your email preferences (or unsubscribe from email communications) by clicking the “unsubscribe” link at the bottom of any newsletter we’ve sent or by adjusting your preferences under the “Notifications” tab of “My Account.” If you have any questions or require further assistance, please contact us by telephone at 1-818-727-7828 Monday – Friday 9 a.m. – 5 p.m. (Pacific Time) or by email at order@HiliteUniform.com and our agents will assist you to change your account settings and/or disable your account.
SALE OF PRODUCTS
General Conditions. The Services include the sale of Products. This Section sets out terms and conditions that apply to your purchase of any Product.
- Limits. You acknowledge and agree that we may place limits on the purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit sales of Products for any reason, including but not limited to availability concerns.
- Minors. Products may be worn or purchased for use by individuals under 18 years of age, but we sell our products only to adults, who may purchase the Products with a payment card or other approved payment method. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of purchasing the Products as described in these Terms.
- Collections. If you do not pay the amounts you owe to Hilite Uniform Inc. when due, then Hilite Uniform Inc. will need to institute collection procedures. You agree to pay Hilite Uniform Inc.’s costs of collection, including, without limitation, reasonable attorneys’ fees.
No Commitment. By registering your email, Hilite Uniform Inc.
Limited Warranty. We will deliver the Products you ordered, including the specified size, color and design, except in the rare event that the Product is unavailable. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any one Product available on our Services to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Hilite Uniform Inc. has made every effort to display as accurately as possible the colors of the products that appear on the Services. However, Hilite Uniform Inc. cannot guarantee that your computer monitor’s or mobile device’s display of any color will be accurate.
All Sales As Is. The services and products, are provided “as is” without any express or implied warranties, including without limitation the warranties of merchantability, quality or fitness for a particular use. THIS DISCLAIMER DOES NOT APPLY WHERE OTHERWISE PROHIBITED BY LAW.
Purchase Price. The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges (if applicable) listed on the Site or Mobile Site in connection with your purchase of the Products. Purchase Price is as listed on the Site at the time of purchase, and is subject to change. All prices on the Hilite Uniform Inc. Services are listed in U.S. Dollars. Hilite Uniform Inc. is not responsible for fluctuations in the currency exchange rates against the U.S. Dollar that may affect the value of international customers’ purchases. Hilite Uniform Inc. reserves the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you authorize Hilite Uniform Inc. to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Unless otherwise provided in these Terms, to the extent items purchased on Hilite Uniform Inc. are subject to tax, such tax will be applied to the Purchase Price, less applicable savings, as required by law.
Payment by Credit Card. For your convenience, your credit or debit card information will be saved after your first purchase. We accept the following credit cards at this time: VISA, MasterCard, Discover Card, American Express, and PayPal Credit Card.
We also accept payments from PayPal.
Cancellations. Hilite Uniform Inc. strives to ship orders swiftly and efficiently; once placed, orders are immediately transferred to our warehouse to be fulfilled. Items may be returned in accordance with Hilite Uniform Inc.’s return policy.
If any of the products are not to your liking, no problem! For subsequent returns we’ll include a return RMA and shipping label in your box. Please contact us at info@HiliteUniform.com..com or call us at 1-818-727-7828 for more information.
Ownership of Services. The Site and Mobile Site are owned and operated by Hilite Uniform Inc.. All rights, title and interest in and to the materials provided on the Services, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by Hilite Uniform Inc. or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by Hilite Uniform Inc., none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Hilite Uniform Inc.’s intellectual property rights, whether by estoppel, implication or otherwise. You must contact our Customer Service department if you have any questions about obtaining such licenses. Hilite Uniform Inc. does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Hilite Uniform Inc.. Any rights not expressly granted herein are reserved by Hilite Uniform Inc..
Copyright. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2018, Hilite Uniform Inc., ALL RIGHTS RESERVED.
Trademark. Hilite Uniform Inc., AdoreMe.com, the logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Hilite Uniform Inc.. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
License for Site. Subject to your compliance with these Terms, Hilite Uniform Inc. grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
Feedback. By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that Hilite Uniform Inc. may use your Feedback without restriction or obligation to you or any third party.
Notice and Copyright. Hilite Uniform Inc. takes protection of Copyright very seriously. If you believe any Hilite Uniform Inc. Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting Hilite Uniform Inc.’s copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
Hilite Uniform Inc.’s agent for copyright issues relating to the Services is as follows:
Copyright Agent, Hilite Uniform Inc., 19205 Parthenia St, Unit C, Northridge, CA 91324
In an effort to protect the rights of copyright owners, Hilite Uniform Inc. will, in appropriate circumstances, terminate the accounts of subscribers who are repeat infringers.
Any violation of these Terms may result in suspension or termination of your access to the Services and/or removal of Your Content. Hilite Uniform Inc. may also terminate your account if Hilite Uniform Inc. determines that your conduct poses a risk or liability to Hilite Uniform Inc., or for any other reason as determined by Hilite Uniform Inc. in its sole discretion.
In the event your access to the Services is terminated, your Limited License, as described above, shall be revoked; however, the remainder of the terms, including the arbitration agreement and class action waiver, shall continue to apply.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
Limited Warranties. The limited warranties apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by Hilite Uniform Inc. in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms. Your sole and exclusive remedy and Hilite Uniform Inc.’s sole and exclusive liability for a breach by Hilite Uniform Inc. of the limited warranties shall be, at Hilite Uniform Inc.’s option, Hilite Uniform Inc.’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund, as applicable (excluding delivery charges if applicable).
Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTIES SET OUT ABOVE, THE SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, Hilite Uniform Inc. DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE Hilite Uniform Inc. CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO NEW JERSEY RESIDENTS. FURTHER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability — UNDER NO CIRCUMSTANCES SHALL Hilite Uniform Inc. BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF Hilite Uniform Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH HEREIN OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS. FURTHER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTE RESOLUTION/ARBITRATION/CLASS ACTION WAIVER
This Section includes an arbitration agreement and an agreement that in the event of any dispute between you and us, all claims will be brought either in arbitration or in small claims court and, in either case, only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. It affects your rights.
Informal process first. Both you and Hilite Uniform Inc. agree that in the event of any dispute between you and us, you and Hilite Uniform Inc. will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution. Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Service department at 1-818-727-7828 or emailing us at order@HiliteUniform.com.
Mandatory arbitration of disputes. In the unlikely event that Hilite Uniform Inc.’s Customer Service department is unable to resolve your complaint to your satisfaction (or if Hilite Uniform Inc. has not been able to resolve a dispute it has with you after attempting to do so informally), all disputes between you and Hilite Uniform Inc. will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of Hilite Uniform Inc. or you, shall be resolved by mandatory and binding arbitration which shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
Any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of Hilite Uniform Inc. or you, shall be governed by the Federal Arbitration Act and shall be resolved by mandatory and binding arbitration submitted to the AAA in accordance with the AAA Rules at the request of either Hilite Uniform Inc. or you pursuant to the following conditions:
- Basis for Demand. A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Hilite Uniform Inc. should be addressed to: Notice of Dispute, Hilite Uniform Inc., 19205 Parthenia St, Unit C, Northridge, CA 91324 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”).
- Service of Demand. If Hilite Uniform Inc. and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Hilite Uniform Inc. may commence an arbitration proceeding pursuant to the AAA Rules.
- Place of Arbitration Hearing. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will be conducted at an AAA facility in your area or at an AAA facility in Los Angeles County, at your election.
- Conduct of arbitration. The arbitration shall be conducted by a single neutral arbitrator under AAA Consumer Rules. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. The arbitrator shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service.
- Final and binding. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Hilite Uniform Inc.. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Hilite Uniform Inc. was a party. During the arbitration, the amount of settlement offers, if any, made by Hilite Uniform Inc. or you shall not be disclosed to the arbitrator.
- Costs and Fees. To the extent permitted by AAA Rules, each party shall bear its own costs and expenses, with Hilite Uniform Inc. remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under AAA Rules. Notwithstanding the foregoing, for any non-frivolous claim (as determined by the Arbitrator, if Hilite Uniform Inc. does not agree the claim is non-frivolous), Hilite Uniform Inc. will promptly reimburse you for your payment of any arbitration filing fee after Hilite Uniform Inc. receives notice at the Notice Address that you have commenced arbitration. If you are unable to pay this fee, Hilite Uniform Inc. will pay it directly after receiving a written request at the Notice Address. For all non-frivolous claims, Hilite Uniform Inc. will pay for the entirety of the arbitrators’ and administrative fees of arbitration and will pay for your legal fees up to a maximum of $5,000, regardless of the outcome of the Arbitration. For the sake of clarity, you shall be responsible for your legal fees that exceed $5,000, unless ordered otherwise by the Arbitrator.
- Relief. The arbitrator shall not award relief in excess of what is allowed by applicable law and these Terms. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal.
- Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
- Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Class Action Waiver. The parties expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and Hilite Uniform Inc. shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Jurisdictional Issues. Hilite Uniform Inc. makes no representation that the Services are appropriate or available for use outside the United States. Those who choose to access the Services or any part thereof from outside one of these jurisdictions do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in countries outside the United States. Such references do not imply that Hilite Uniform Inc. intends to announce or make available such products or services to the general public, or in your country. Contact Hilite Uniform Inc. at order@HiliteUniform.com to determine which products and services may be available to you.
Export Laws. The laws of the United States of America prohibit the export of certain software and data and products to particular persons, territories, and foreign states. You agree not to export the Services, including the Hilite Uniform Inc. Content, or any part thereof, in any way, in violation of United States law.
Governing Law & Venue. These Terms are governed and interpreted pursuant to the laws of the State of California, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action, except for claims that are to be handled by a small claims court, shall be resolved exclusively by a state or federal court located in Los Angeles County, California, and you specifically consent to the personal jurisdiction of such courts and waive any objection to the convenience of this forum.
Entire Agreement. These Terms are the entire agreement between you and Hilite Uniform Inc. relating to the subject matter herein and shall not be modified except by Hilite Uniform Inc. in accordance with these Terms, or as otherwise agreed in writing by you and Hilite Uniform Inc.. No employee, agent or other representative of Hilite Uniform Inc. has any authority to bind Hilite Uniform Inc. with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
Third Parties. This Site may contain links to websites controlled by parties other than Hilite Uniform Inc. (each a “Third Party Site”). Hilite Uniform Inc. may work with certain partners and affiliates whose sites are linked with Hilite Uniform Inc.. Hilite Uniform Inc. is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. Hilite Uniform Inc. makes no guarantees regarding the content or quality of the products or services provided by such sites. Hilite Uniform Inc. is not responsible for webcasting or any other form of transmission received from any Third Party Site. Hilite Uniform Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hilite Uniform Inc. of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Hilite Uniform Inc. is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
Severability & Waiver. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The preceding sentence does not apply to New Jersey residents or transactions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Force Majeure. Hilite Uniform Inc. will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Hilite Uniform Inc.’s reasonable control.
Final Form. Your edits or changes to either the online or offline versions of this Agreement will not be effective, regardless of form.
Contact Information. Please send any questions or comments, or report violations of these Terms, to Hilite Uniform Inc. at order@HiliteUniform.com or Hilite Uniform Inc., Attn: Legal, 19205 Parthenia St, Unit C, Northridge, CA 91324.