Hi5 Living Terms of Use

Last updated: June, 2025

These Terms of Use (“Terms of Use”) apply to the website of Hi5 Living LLC (“the Company”) located at https://www.hi5living.com/ and all associated websites linked to https://www.hi5living.com/ by the Company (collectively, “the Website”). BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.

Content

The Website contains various elements, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively referred to as "Content"). This Content, along with its design, structure, arrangement, selection, coordination, expression, and overall "look and feel", is owned, controlled, or licensed by the Company. It is protected under applicable trade dress, copyright, trademark, and other intellectual property laws, as well as laws against unfair competition.

Unless expressly authorized under these Terms of Use, you are prohibited from copying, reproducing, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting, or distributing any portion of the Website or its Content. This restriction applies to all forms and methods, including "mirroring" onto other computers, servers, websites, or any other medium intended for publication, distribution, or commercial purposes. Prior written consent from the Company is required for any such use.

Privacy Policy

Your use of the Website is subject to our Privacy Policy, which explains the Company’s approach to your personal information.

Your Use of the Website

You are prohibited from using any tools, actions, programs, algorithms, or methods—whether automated or manual—that are designed to access, acquire, copy, or monitor any portion of the Website or its Content. Similarly, you must not attempt to reproduce or bypass the navigational framework or presentation of the Website or its Content in order to retrieve materials, documents, or information through means not intentionally provided via the Website. The Company retains the right to restrict or prohibit such activities. Furthermore, you must not use any devices, software, or routines to disrupt or interfere with the proper functioning of the Website or the experience of any other user. Unauthorized access to any section or feature of the Website, or to any connected systems or networks, is strictly prohibited. This includes probing, scanning, or testing the security or vulnerabilities of the Website or its connected networks.

You are prohibited from using, exporting, or re-exporting any Content, or any copies or adaptations of such Content, as well as any products or services offered on the Website, in violation of applicable laws and regulations, including but not limited to U.S. export laws and regulations.

The Website and its Content must not be utilized for any unlawful purpose or any purpose that violates these Terms of Use. Engaging in activities that solicit or promote illegal conduct or infringe upon the rights of the Company or others is expressly forbidden.

Violation of These Terms of Use

The Company reserves the right, at its sole discretion and without prior notice, to terminate your access to the Website and/or prevent your future use of the Website if it determines that you have breached these Terms of Use. You acknowledge that any violation of these Terms constitutes an unlawful and unfair business practice that may cause irreparable harm to the Company, for which monetary compensation would be insufficient. As a result, you consent to the Company seeking injunctive or equitable relief as it deems necessary or appropriate in such cases, in addition to any other remedies available to it under law or equity.

Should the Company pursue legal action against you due to a breach of these Terms, you agree to reimburse the Company for all reasonable attorneys’ fees and associated legal costs, in addition to any other relief granted by the court. Furthermore, you agree that the Company will not bear any liability to you or any third party for the termination of your access to the Website as a consequence of such violations.

Disclaimers

THE COMPANY MAKES NO GUARANTEES THAT THE WEBSITE, ITS FEATURES, SERVICES, OR CONTENT WILL FUNCTION WITHOUT ERRORS OR INTERRUPTIONS, NOR DOES IT WARRANT THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE WEBSITE WILL YIELD SPECIFIC OUTCOMES. THE WEBSITE AND ITS CONTENT ARE PROVIDED STRICTLY ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, AND ALL INFORMATION PRESENTED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY DOES NOT WARRANT THAT ANY FILES OR DATA DOWNLOADED FROM THE WEBSITE WILL BE FREE FROM VIRUSES, CONTAMINATION, OR OTHER DESTRUCTIVE ELEMENTS. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THOSE OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. ADDITIONALLY, THE COMPANY ASSUMES NO RESPONSIBILITY FOR THE ACTIONS, OMISSIONS, OR CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY ASSOCIATED SERVICES. YOUR USE OF THE WEBSITE AND ANY LINKED SITES IS ENTIRELY AT YOUR OWN RISK, AND YOUR EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ITS CONTENT IS TO DISCONTINUE USE.

This disclaimer extends to all damages, liabilities, or injuries caused by failures in performance, errors, omissions, interruptions, deletions, defects, delays, viruses, communication line failures, theft, destruction, unauthorized access, alterations, or usage, regardless of the cause, whether arising from breach of contract, negligence, tort, or any other basis of liability.

The Company reserves the right, at its sole discretion and without prior notice, to take any of the following actions: (A) modify, suspend, or terminate the operation of or access to the Website, or any part thereof, for any reason; (B) change or modify the Website, its components, or applicable policies and terms; and (C) temporarily or permanently interrupt the operation of the Website, or any portion of it, as necessary for maintenance, troubleshooting, or other updates.

Indemnity

You agree to indemnify and hold the Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Company by any third party due to or arising out of or in connection with your use of the Website.

Limitation of Liability

Except where prohibited by law, in no event will the Company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits. If, notwithstanding the other provisions of these Terms of Use, the Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any Content, the Company’s liability shall in no event exceed the greater of Fifty US dollars ($50.00) or its local currency equivalent. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Governing Law; Dispute Resolution

These Terms of Use shall be interpreted, construed and enforced in all respects in accordance with the laws of Delaware. Each party irrevocably consents and submits to the exclusive jurisdiction of the courts of Delaware, in connection with any action to enforce the provisions of these Terms of Use, arising under or by reason of these Terms of Use. Nothing herein shall limit the right of the Company to initiate proceedings against you in any court of competent jurisdiction where deemed necessary by the Company.

Third-Party Links

The Website may contain links to websites and content owned/or operated by third parties. Such links and content are provided for informational purposes only. The Company is not responsible for any such third-party websites and content and do not have control over them. The Company disclaims any and all representations and warranties, express, implied or statutory, with respect to any and all such third-party services or content, including without limitation, any warranties of merchantability, fitness for a particular purpose, system integration, data accuracy, title, non-infringement. When you use a third-party software/service, you will be subject to its terms and licenses (if applicable) and you agree to comply with such third-party provider’s terms of software/service and that the third-party provider is solely responsible for delivery of its service(s) to you and your use of them.

Feedback and Information

The Company welcomes your ideas, suggestions, concepts, or proposals relating to the Company’s Website (“Feedback”). However, if you provide Feedback to the Company, you grant the Company a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, combining the Feedback with other materials and/or products, distribute copies of, publicly perform, publicly display and otherwise exploit such Feedback, in whole or in part, for any purpose. All Feedback shall be deemed non-confidential to you. You understand and agree that the Company is not required to make any use of any Feedback that you provide, and if the Company does, that the Company is not required to credit or compensate you for your contribution. You represent and warrant that you have rights in any Feedback that you provide to the Company sufficient to grant the Company and other affected parties the rights described above, including, without limitation, intellectual property rights or rights of publicity or privacy.

Miscellaneous

If any provision of these Terms of Use is determined by a court or tribunal of competent jurisdiction to be invalid or unenforceable, that provision shall be limited or removed to the extent necessary, and replaced by a valid provision that most closely aligns with the original intent of these Terms of Use. The remaining provisions shall continue in full force and effect.

These Terms of Use represent the entire agreement between you and the Company concerning your use of the Website. The Company’s decision not to insist upon or enforce strict compliance with any part of these Terms of Use shall not be interpreted as a waiver of its rights or of any provision herein, nor shall any course of dealings between you and the Company or any third party alter the terms of these Terms of Use.

Contact Details:

Address: 131 Continental Drive, Suite 305, Newark, DE 19713, USA

You may contact the Company through a dedicated form on the Website https://www.hi5living.com/contact-us.