Terms of Use

Terms of Use

Please read these Terms of Use (hereinafter, “Terms”) carefully before using the Hilus mobile application (the “Application”) operated by Hilus LLC, a Florida limited liability company (“us”, “we”, “our”, or “Hilus”).
Your access to and use of the Application is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and parties who download or use the Application. By downloading, accessing or using the Application you acknowledge, and agree to be bound by, these Terms along with Hilus LLC’s Privacy Policy and any other terms, policies, and user guidelines that apply to user’s use of the Application.
The content of the pages of the Application is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information, materials, and services found or offered on the Application for any particular purpose. You acknowledge that such information, materials, and services may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on the Application is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Application meet your specific requirements.
The Application may contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, graphics, and content appearing on the Application. Reproduction is prohibited other than in accordance with the copyright notice herein, which forms part of these terms and conditions.
All trademarks reproduced in the Application, which are not the property of, or licensed to Hilus, are acknowledged on the Application. The unauthorized use of any trademarks appearing on the Application, whether belonging to Hilus or its affiliates, related companies, vendors, suppliers, retailers, or other third parties is strictly prohibited in the absence of a valid license from the trademark owner(s).
Unauthorized use of the Application may give rise to a claim for damages and/or be a criminal offence.
From time to time, the Application may contain links to other mobile applications or websites that are not covered by these Terms or Hilus’s privacy policy and where information practices may be different from ours. Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. Please be aware that these Terms and Hilus’s privacy policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites.
Although we have determined that this Application complies with the laws of the United States of America, by using this Application and/or making purchases of any of our services or products, you agree that venue for any disputes arising under these Terms, Hilus’s privacy policy, or your use of the Application, generally, shall be in a court of competent jurisdiction within the State of Florida.

Availability, Errors, and Inaccuracies

We are constantly updating product and service offerings on the Application. We may experience delays in updating information on the Application and in our advertising on other websites or mobile applications. The information found on the Application may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Application and we cannot guarantee the accuracy or completeness of any information found on the Application. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Application.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer, mobile device, and/or user account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Application or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

Excluding any content that you or another user may provide (“User Content”), you acknowledge and agree that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, on or in any part of the Application and in all other content thereon are owned by Hilus or Hilus’s affiliates, related companies, suppliers, vendors, retailers, agents, or representatives. Note that these Terms and access to the Application do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in the Usage Restrictions section below. Hilus and its affiliates, related companies, suppliers, vendors, retailers, agents, and representatives reserve all rights not granted in these Terms.

Usage Restrictions

Hilus grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Application solely for your own personal, non-commercial use in accordance and full compliance with all terms, conditions, and restrictions of usage set forth herein.
The rights granted to you in these Terms are subject, without limitation and in addition to all other terms, conditions, and restrictions set forth in these Terms, to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any part of the Application or of any other products, features, apps, services, technologies, or software offered by Hilus in connection therewith; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Application or of any other products, features, apps, services, technologies, or software offered by Hilus in connection therewith; (c) you shall not use information about the Application or about any other products, features, apps, services, technologies, or software offered by Hilus in connection therewith obtained while using or accessing the Application to, directly or indirectly, build, conceive of, fund, manage, own, develop, or create a similar or competitive website, product, feature, application, service, technology, or software; and (d) except as expressly stated herein, no part of the Application or of any other products, features, apps, services, technologies, or software offered by Hilus in connection therewith, may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated. Any future release, update, or other addition to functionality of the Application shall be subject to these Terms. All copyright and other proprietary notices on the Application must be retained on all copies thereof.
Hilus reserves the right to change, suspend, or cease operating the Application with or without notice to you. You acknowledge and agree that Hilus shall not be held liable to you or any third-party for any change, interruption, or termination of the Application or any part thereof.
In addition to the foregoing, you agree not to use the Application or any other products, features, apps, services, technologies, or software offered by Hilus in connection therewith to collect, upload, transmit, display, or distribute any User Content (i) that infringes or violates any third-party right including, without limitation, any intellectual property or proprietary right; (ii) that is unlawful, fraudulent, discriminatory, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, misleading, trade libelous, pornographic, obscene, patently offensive, or that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in actual or attempted violation of any law, statute, regulation, or obligation or restriction imposed by any third party.
You further agree not to: (i) upload, transmit, or distribute to or through the Application any software, malware, virus, or malicious code intended to damage or alter a computer system or data, or which could disable, overburden, or impair the proper working or appearance of the Application or any part thereof; (ii) send through the Application unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Application to harvest, collect, gather or assemble information or data, through automated means or otherwise, regarding other users without their prior written and informed consent and without the prior written and informed consent of Hilus; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Application, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Application or any part thereof, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Application; or (vi) use software or automated agents or scripts to produce multiple accounts on the Application, or to generate automated searches, requests, messages, or queries to the Application. You must obtain our prior written permission to modify, create derivative works of, decompile, or otherwise attempt to extract source code from the Application, from any other products, features, apps, services, technologies, and software offered by Hilus, or from Hilus, generally.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. Such action may include removing or modifying your User Content, terminating your account, and/or reporting you to law enforcement authorities.
If you provide Hilus with any feedback or suggestions regarding the Application, you hereby assign to Hilus all rights in such Feedback and agree that Hilus shall have the exclusive right to use, develop, transfer, assign, and fully exploit such Feedback and related information in any manner and for any reason. Hilus will treat any Feedback you provide to Hilus as non-confidential and non-proprietary.

Links To Other Web Sites

The Application may contain links, or redirect users, to third party web sites or services that are not owned or controlled by Hilus. Hilus has no control over, and assumes no responsibility for the content, privacy policies, goods/services, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Hilus shall 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 such content, goods or services available on or through any such third-party
We strongly advise you to read the terms and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Application immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. If you wish to terminate your account, you may simply discontinue using the Application.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to indemnify and hold Hilus and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claims, demands, damages, obligations, losses, liabilities, costs or debt, and expenses made by any third-party due to or arising out of (a) your use of the Application, (b) your violation of these Terms or of any other applicable terms, guidelines, policies, and rules governing your use or access to the Application or any part thereof, (c) your violation of applicable laws or regulations or (d) your User Content. Hilus reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, including choosing legal counsel of Hilus’s choice, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Hilus. Hilus will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Limitation of Liability

In no event shall Hilus, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Application; (ii) any conduct or content of any third party on the Application; (iii) any content obtained from the Application; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Disclaimer

Your use of the Application is at your sole risk. The Application is provided on an “AS IS” and “AS AVAILABLE” basis. The Application is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Hilus, its subsidiaries, affiliates, and its licensors do not warrant that a) the Application will function uninterrupted, error-free, defect-free, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Application is free of viruses or other harmful components; or d) the results of using the Application will meet your requirements.

Governing Law

This Agreement is governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Florida. Venue shall exclusively lie in the state or Federal courts located within the State of Florida and sitting in Broward County. In the event litigation is necessary to enforce any provision of this Agreement or to prosecute a perceived breach of this Agreement, the prevailing Party shall be entitled to an award of all costs, expenses, and attorneys’ fees, whether taxable or not, to be paid by the non-prevailing Party.
Our failure to enforce any right or provision under, or in connection with, these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms shall remain in effect.

Changes

These Terms were last updated on October 15, 2023. Hilus reserves the right to update these Terms at any time. A notice of any material change, stating “Our Terms of Use have changed. Please review the highlighted change(s),” will be transmitted to all users or posted on the Application home page for thirty (30) days prior to the implementation of such change. There are two boxes at the end of Hilus’s notice of change (1) an “I accept” box, and (2) an “I do not accept” box. If user does not mark the “I do not accept” box user will be deemed to have accepted Hilus’s Terms of Use updates. By continuing to access or use the Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

Contact Us

If you have any questions about these Terms, please contact Hilus by mail at the following address:
Hilus LLC
111 North Pine Island Road
Suite 105
Plantation, FL 33324