TERMS AND CONDITIONS OF USE
Modifications of This Agreement
LBG reserves the right to change, modify, amend and/or update this Agreement at any time with or without prior notice. Your use of this shophilltop.com Website following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by this Agreement as so changed, modified, amended and/or updated. You are responsible for reviewing this Agreement each time you use or access any shophilltop.com Website.
LBG is not affiliated or associated with the sponsors, owners or producers of any third party websites linked to or from this shophilltop.com Website. These linked sites are not under our control and LBG explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through such third party sites. LBG does not endorse and has not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third party sites. LBG does not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any third party site.
Solely Intended for United States Users
Unless otherwise explicitly specified on the shophilltop.com Website, the information on all of the shophilltop.com Website is intended solely for use and access by persons residing in the United States, its territories and possessions. LBG controls and operates its Website from offices located in the Untied States and makes no representations or warranties that the information, products or services contained on the shophilltop.com Website is appropriate for use or access in other locations. Anyone using or accessing any of the shophilltop.com Website from other locations do so on their own initiative and are responsible for compliance with local United States laws, if and to the extent applicable.
The shophilltop.com Website and its contents are intended solely for personal use. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of this shophilltop.com Website are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by LBG or by third parties who have licensed their materials to LBG and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on this shophilltop.com Website is the exclusive property of LBG or its licensors and is protected by U.S. and international copyright laws. Except as solely provided in the next sentence, no material from any shophilltop.com Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download one copy of the materials on any single computer for your personal use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services or brands; and (c) you make no modifications to the materials. In addition, you agree not to: (m) use or access this shophilltop.com Website for any purpose that is unlawful or prohibited by this Agreement; (n) use or access this shophilltop.com Website in a manner that could damage, disable, overburden, or impair any LBG server or the networks connected to any LBG server; (o) interfere with any third party’s use and enjoyment of this shophilltop.com Website; or (p) attempt to gain unauthorized access to accounts, computer systems or networks connected to any LBG server through hacking, password mining or any other means.
Use of certain features on the shophilltop.com Website might be limited and/or require registration. LBG will review and determine, in LBG’s sole discretion, whether to accept your registration. LBG shall have the right, in its sole discretion, to refuse or restrict anyone from access to the shophilltop.com Website(s) at any time for any reason. Upon acceptance of your registration by LBG, you will be given your user ID and password (collectively “Password”) for access to and use of the applicable portion of the shophilltop.com Website.
LBG reserves the right to require you to periodically change your Password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else’s Password. You agree to notify LBG immediately about any unauthorized use of your Password or any breach of security. You further agree that LBG shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than LBG.
Charges and Payment
In certain instances, LBG may charge a user, subscription or other fee. In those instances where a fee may be charged, LBG will notify you of the fee prior to your incursion of charges.
THIS shophilltop.com WEBSITE IS PROVIDED BY LBG ON AN “AS IS” AND “AS AVAILABLE” BASIS. LBG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS shophilltop.com WEBSITE OR THE INFORMATION INCLUDED ON SUCH shophilltop.com WEBSITE. LBG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. LBG DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS shophilltop.com WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE shophilltop.com WEBSITE OR THE SERVER THAT MAKES THE shophilltop.com WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. LBG DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS shophilltop.com WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS shophilltop.com WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL LBG OR ANY OF ITS SHAREHOLDERS, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS shophilltop.com WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF LBG HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT LBG, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL LBG BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT.
User Submissions, Postings and Email Communications
All submissions, postings and email communications to or through the shophilltop.com Website shall be subject to the LBG Policy Regarding Submissions, Postings and Other Communications, which is incorporated into this Agreement by this reference.
Online Copyright Infringement Notification Policy
If you believe that this shophilltop.com Website(s) contains materials that constitute copyright infringement, please notify LBG in accordance with our Online Copyright Infringement Notification Policy.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD LBG AND ITS SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THIS shophilltop.com WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.
Terms and Termination
LBG shall have the right to terminate your access to, and use of, the shophilltop.com Website immediately, if, in its sole discretion, LBG believes that your conduct fails to conform with this Agreement. LBG also reserves the right to investigate suspected violations of this Agreement, including without limitation any violation arising from any submission, posting or emails you make or send to the shophilltop.com Website.
Upon termination of this Agreement, all rights granted to you under this Agreement will cease immediately, and you agree that you will: (a) immediately discontinue use of the shophilltop.com Website(s); and (b) as applicable, pay any amounts owed to LBG in full within thirty (30) days from the date of such termination.
This Agreement shall be governed by and construed under the laws of the State of California, without regard to conflicts of laws principles. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS shophilltop.com WEBSITE OR THE USE OR ACCESS THEREOF MAY BE IN THE STATE OR FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA.
Commencement of Actions
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THIS shophilltop.com WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
The failure of LBG to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit LBG’s rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify this Agreement. LBG may assign its rights and duties hereunder to any party at any time without any notice to you. This Agreement may not be assigned by you without LBG’s prior written consent. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
This Agreement and the documents incorporated by reference herein, if any, may contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such statements are based on management’s current expectations and assessments of risks and uncertainties and reflect various assumptions concerning anticipated results, which may or may not prove to be correct. Some of the factors that could cause actual results to differ materially from estimates or projections contained in such forward-looking statements include the pattern of brand sales, including variations in sales volume within periods; competition within the relevant product markets, including the ability to develop and successfully introduce new products, ensuring product quality, pricing, promotional activities, introduction of competing products and continuing customer acceptance of existing products; loss of distributorship rights; risks inherent in acquisitions and strategic alliances; the loss of one or more key employees; the effects of a prolonged United States or global economic downturn or recession; changes in costs, including changes in labor costs, raw material prices or advertising and marketing expenses; the costs and effects of unanticipated legal or administrative proceedings; and variations in political, economic or other factors such as currency exchange rates, inflation rates, tax changes, legal and regulatory changes or other external factors over which LBG has no control. LBG has no obligation to update any forward-looking statement in this Agreement or any incorporated document.
Gathering, Modifying and Removing Information
LBG may request and/or collect personal information on the shophilltop.com Website that you might elect to provide to LBG (“Personal Information”) when, via the shophilltop.com Website, you: (a) contact LBG; (b) use LBG’s services; and/or (c) send requests for information, questions, inquires, or comments to LBG. You are not required to provide Personal Information to access the shophilltop.com Website. Personal Information may include: (a) contact information (e.g., name, address, phone number and email address); (b) information regarding certain of your preferences related to LBG or the shophilltop.com Website; and/or (c) information regarding how you became aware of the shophilltop.com Website.
If you would like to review, correct or remove your Personal Information, please contact LBG at the address listed below under “Contact LBG.” LBG will then make all reasonable efforts to correct or remove your Personal Information from the LBG active database.
Gathering Anonymous Information
LBG might collect non-personal and aggregate information about your and other users’ use of the shophilltop.com Website, such as page hits, number of visits, web pages viewed and the length of visits to the shophilltop.com Website (collectively, “Non-Personal Information”). LBG does not tie this Non-Personal Information to your Personal Information.
Use and Disclosure of Information
The Personal Information that you provide will be available to LBG, our agents, representatives and service providers and contractors, as appropriate, to be used to respond to your inquiries or questions about LBG and for the purposes indicated or which may reasonably be inferred by your voluntary provision of such Personal Information and otherwise in connection with the conduct of the LBG business and operations. This use may include periodic telephone calls and postal and email mailings from LBG about new products, services or upcoming events offered by LBG. LBG does not, however, sell or furnish Personal Information to unaffiliated third parties to use in advertising or promoting their products or services, without your permission.
LBG might disclose Personal Information and Non-Personal Information, if in our opinion such disclosure is required: (a) by law; (b) to protect and/or defend LBG’s rights; and/or (c) to protect the personal safety of any individual. In addition, in the event that all or substantially all of LBG’s ownership and/or assets are transferred or sold to, or LBG is merged with, another entity, or there is a change of control of LBG, LBG may transfer Personal Information and Non-Personal Information to the successor entity.
Communications and submissions over the Internet might not be secure. Please consider this fact before communicating or submitting any personal or confidential information through the shophilltop.com Website.
LBG Hilltop, LLC11150 Santa Monica Boulevard, Suite 770
Los Angeles, CA 90025
LBG POLICY REGARDING SUBMISSIONS, POSTINGS AND OTHER COMMUNICATIONS
All remarks, suggestions, ideas, graphics, or other information communicated by you to LBG through the shophilltop.com Website (collectively, the “Submission”) will forever be the property of LBG and you waive all of your rights, including but not limited to moral rights, therein if applicable, provided that you will continue to be responsible for the content of the Submission including, without limitation, any indemnification obligations related to such Submissions. LBG will not be required to treat any Submissions as confidential (unless required by law or if LBG has agreed to treat it as confidential in other documentation), and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future LBG operations. Without limitation, LBG will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere and will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. LBG retains the right to review, edit or delete from the shophilltop.com Website any Submission which LBG in its sole discretion considers illegal, offensive, in violation of a third party right or otherwise inappropriate.
Email and Other Communications
In connection with your use of the shophilltop.com Website, you consent to LBG recording any communication, electronic or otherwise, between you and LBG and retaining any information and data you submit while using the shophilltop.com Website.
In using the shophilltop.com Website, you may be permitted to communicate electronically with LBG by sending electronic mail to LBG; however, you acknowledge and agree that only general information or inquiries may be submitted to LBG via electronic mail and any other submissions or communications on or through the shophilltop.com Website (e.g., the placement of orders) may be submitted only in accordance with the express instructions set forth on the shophilltop.com Website for such submissions or communications. Please do not send any time-sensitive communications to LBG via e-mail as LBG cannot be responsible for responding to any such communications.
LBG may seek to gather information from the user who is suspected of violating this Agreement, and from any other user. LBG may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If LBG believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. LBG will fully cooperate with any law enforcement authorities or court order requesting or directing LBG to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate this Agreement. YOU WAIVE AND HOLD HARMLESS LBG FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LBG DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LBG OR LAW ENFORCEMENT AUTHORITIES.
ONLINE COPYRIGHT INFRINGEMENT NOTIFICATION POLICY
If you believe that the shophilltop.com Website contains materials that constitute copyright infringement, please notify us, in writing using the following contact information:
LBG Hilltop, LLC
500 Newport Center Drive, Suite 800
Newport Beach, California 92660
Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copyright infringement to our Designated Agent must be in the form of a written communication that includes the following information:
- Your address, telephone number and e-mail address;
- Identification of the copyrighted work (or works) that you claim has been infringed;
- A description of the material that you claim is infringing the copyrighted work;
- A clear description of where the infringing material is located on the shophilltop.com Website, including its URL, so that LBG can locate the material;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.