Terms of service

TERMS OF USE & SERVICE

HILLANDHOUSE, LLC (“Hill + House”) last updated these Terms of Use & Service (“Terms”) on October 10, 2023.  

Hill + House accomplishes its mission by offering various environmentally sustainable goods sourced from third-party entities to consumers through Hill + House’s online platform.  These Terms apply to all the activities that you engage in with Hill + House, including but not limited to purchasing products and reviewing products, including use of its website (“Services”).  

If you live in the United States or Canada, by agreeing to these Terms you are agreeing to waive any and all jury trials and resolve any dispute with Hill + House through binding arbitration (see the Dispute Resolution section, below). 

1. YOUR ACCOUNT 

You may need to set up an account with Hill + House.  You have responsibility for your Hill + House account, and you must ensure that all the information you provide to Hill + House is accurate, including your email address.  You should hold any of your usernames or passwords in strict confidence.  If someone other than you obtains and uses your login credentials, Hill + House reserves the right to disable your account, without providing you a refund.

2. PAYMENT FOR SERVICES

You agree to pay the fees for Hill + House’s Services that you elect to purchase, and you authorize Hill + House to charge your debit or credit card or process other forms of payment for those fees.  Hill + House will not provide refunds, unless Hill + House determines, in its sole discretion, that a refund is warranted.

3. HILL + HOUSE’S RIGHTS

All right, title, and interest in and to the Hill + House’s online presence and its Services, including its website, its existing or future applications, its mobile applications, and its databases are and will remain the exclusive property of Hill + House.  You cannot use the Hill + House name or any of the Hill + House trademarks, logos, domain names, marketing products, educational products, or other distinctive brand features.  Any feedback, comments, or suggestions you may provide regarding Hill + House or its Services is entirely voluntary and Hill + House is free to use such feedback, comments, or suggestions as it sees fit and without any obligation to you.

In accessing Hill + House’s website or utilizing its products and Services, you agree that you shall not copy, modify, create a derivative work of, reverse engineer, or reverse assemble Hill + House’s Services, including its products, or materials.  In addition, you shall not use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Hill + House) to others.

4. MISCELLANEOUS TERMS

You agree that by registering, accessing, or using Hill + House’s Services, you are agreeing to enter a legally binding contract with Hill + House that consists of these Terms and Hill + House’s Privacy Policy. If you do not agree to these Terms and Hill + House’s Privacy Policy, do not register, access, or otherwise use any of Hill + House’s Services.

You also agree that these Terms represent the entire understanding between you and Hill + House, and they supersede all previous agreements, whether oral or written between you and Hill + House.  No change or modification of these Terms shall be valid unless the same be in writing and published by Hill + House on its website.  If any portion of these Terms is found to be invalid or unenforceable, it shall be severable from all other portions of these Terms. 

Neither the waiver by Hill + House of a breach of or a default under any of the provisions of these Terms, nor the failure by Hill + House, on one or more occasions, to enforce any of the provisions of these Terms or to exercise any right or privilege hereunder shall be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any provisions, rights or privileges hereunder.

Hill + House’s Services and products are provided on an “as is” and “as available” basis.  Hill + House makes no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or products, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Hill + House makes no warranty that you will obtain specific results from use of the Services or products. Your use of the services or products is entirely at your own risk.

You also agree that Hill + House shall not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, because of Hill + House’s Services or your use of Hill + House’s products.  Hill + House’s liability to you or any third parties under any circumstance is limited to the total amount paid by you to Hill + House over the previous 12-month period before the event giving rise to your claim(s).  In addition, you understand that nothing within these Terms or your use of the Services shall give rise to any personal liability on behalf of any Hill + House members or owners.

You agree to indemnify, defend, and hold harmless Hill + House and its officers, members, owners, managers, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees and costs) arising from any actions taken by you that are intentional or negligent.  Your indemnification obligation will survive the termination of these Terms and your use of the Services.

You also agree that no joint venture, partnership, employment, contractor, or agency relationship exists between you and Hill + House.

5. DISPUTE RESOLUTION AND CLASS ACTION WAIVER

Your relationship with Hill + House and use of Hill + House’s Services and products shall be governed by North Carolina law, and any disputes arising under these Terms shall be adjudicated in Mecklenburg County, North Carolina.

You agree that any controversy or claim arising out of or relating to these Terms or your relationship with Hill + House and use of the Services and products shall be settled by arbitration administered by the American Arbitration Association in accordance with its Expedited Commercial Arbitration Rules.  The arbitration hearing shall take place before a single arbitrator in Mecklenburg County, North Carolina.  This agreement to arbitrate shall be enforceable under and subject to the Federal Arbitration Act, 9 U.S.C. Sections 1, et. seq.  In addition, no arbitration proceeding hereunder shall be filed or pursued as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated.  Moreover, no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. 

THE PARTIES AGREE TO ARBITRATE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.  

You and Hill + House agree that at the conclusion of any arbitration, the losing party shall be solely responsible for all legal fees and costs incurred by the prevailing party, including fees incurred during pre-trial, trial, and any applicable appeal or appeals.

6. UPDATING THESE TERMS

When Hill + House deems it appropriate, it may update these Terms to clarify its practices or to reflect new or different practices.  Hill + House reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If Hill + House makes any material change, it will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through its website.  Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.