TERMS OF USE AGREEMENT AND PRIVACY POLICY
I. TERMS OF USE
Thank you for visiting the
b-hilton.com website and reading these TERMS OF USE AGREEMENT ("TERMS OF USE") CAREFULLY. IT FORMS A BINDING LEGAL AGREEMENT BETWEEN YOU AND b.hilton Resort Living LLC ("b-hilton.com," "b.hilton," "we," "Website," or "us"). b-hilton Resort Living LLC owns and operates the Website made available to you at HTTP:// b-hilton.com. The Terms of Use govern your access to and use of the Website, including any Properties ("Products," "Properties," "Services," "Content") and any other services made available through the Website. Suppose you are accessing this Website on behalf of yourself or an organization. In that case, you agree to these Terms of Use and the Privacy Policy on behalf of yourself and of that organization. You must not use this Website if you do not agree to these Terms and the Privacy policy. By visiting b-hiton.com, these Terms of Use and the Privacy Policy govern how you access and use the Website and your responsibilities when doing so. Furthermore, the b-hilton.com Website privacy policy explains how b-hilton.com Website may collect, share, and use any personal information you share.
1. Modifications: b-hilton.com may modify these Terms of Use and privacy policies from time to time. Any modification to the Terms of Use and Privacy policies will be effective once posted to the Website if you access or use the Website after the Terms have been modified. In that case, your continued use will constitute acceptance of all modifications.
2. Necessary Equipment and Software: you must provide all equipment and software necessary to connect to b-hilton.com. Properties include but are not limited to a mobile device suitable for connecting with and using b-hilton.com Properties in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing b-hilton.com Properties. By providing your cellphone number and using the Services, you consent to our use of your cellphone number for calls and texts to perform and improve upon the Services. We will not assess and charge for any calls or texts, but standard message charges or charges from your wireless carrier may apply. You may opt out of receiving text messages from us by emailing contact@b-hilton.com.
3. b.hilton Trademarks: b-hilton Resort Living LLC is the exclusive owner of the b.hilton Logo and other b-hilton.com trademarks. The b.hilton trademark has one meaning only. b.hilton Resort Living LLC will enforce against any misuse of its trademarks. If you have a question about the proper use of the trademarks, please contact us at :
II. DISCLAIMER OF WARRANTIES AND CONDITIONS.
1. Website provided "AS IS": b-hilton.com hopes your visit to the Website is informative; however, there are certain things b-hilton.com cannot guarantee. Therefore, THIS WEBSITE IS PROVIDED BY b-hilton.com ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY THAT THE WEBSITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. b-hilton.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE USABILITY, CONDITION, OR OPERATION OF THIS WEBSITE, OR THAT ACCESS TO OR USE OF b-hilton.com. AS TO THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS WEBSITE, YOU EXPRESSLY AGREE THAT YOUR USE IS AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. b-hilton.com DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPARABILITY, SECURITY, AND ACCURACY. In addition, some jurisdictions do not permit the disclaimer of certain warranties, so the above disclaimers may not apply to you.
2. Limitation of Liabilities: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL b.hilton Resort Living LLC, b-hilton.com, ITS DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES.
b-hilton.com SHALL ALSO NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE; DAMAGES RELATING TO ANY THIRD-PARTY CONDUCT OR CONTENT AVAILABLE ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, REGARDLESS OF LEGAL, THEORY, AND WHETHER OR NOT b-hilton.com HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. In addition, some jurisdictions do not permit the limitation or exclusion of certain liabilities, so the above limitations and exclusions may not apply to you.
b-hilton.com PARTIES MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT:
ANY CONTENT ACCESSED THROUGHb-hilton.com PROPERTIES IS ACCESSED AT YOUR OWN RISK. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS b-hilton.com PROPERTIES OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. b-hilton.com MAKES NO WARRANTY, REPRESENTATION, OR CONDITION concerning SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION, AND OTHER CHARACTERISTICS OF SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM b-hilton.com OR THROUGH b-hilton.com PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
3. Professional Advice Disclaimer. THE CONTENT AND INFORMATION LOCATED ON THE b-hilton.com PROPERTIES ARE DESIGNED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT CONSTRUED TO BE ADVICE OF ANY KIND. PLEASE DO NOT RELY ON INFORMATION AVAILABLE IN, ON, OR VIA THE b-hilton.com WEBSITE (properties, products, services) AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU MUST NOT RELY ON ANY OF THE CONTENT AND INFORMATION FOR ANY PURPOSES. YOU MUST SEEK YOUR INDEPENDENT PROFESSIONAL ADVICE BEFORE RELYING ON OR OTHERWISE DECIDING TO TAKE ANY ACTION BASED ON ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT THE INFORMATION, YOU SHOULD ALWAYS CONSULT WITH A PROFESSIONAL ON THAT SUBJECT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION OR CONTENT AVAILABLE ON THE b-hilton.com PROPERTIES. THE USE OF INFORMATION AND CONTENT PROVIDED THROUGH THE b-hilton.com PROPERTIES IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE b-hilton.com PROPERTIES OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. THE b-hilton.com PROPERTIES ARE CONTINUALLY UNDER DEVELOPMENT, AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE.
4. No Liability for Conduct of Third Parties or Products: YOU ACKNOWLEDGE AND AGREE THAT b-hilton.com PARTIES ARE NOT LIABLE. YOU AGREE NOT TO SEEK TO HOLD b-hilton.com PARTIES LIABLE FOR THE CONDUCT OF THIRD PARTIES OR THE PRODUCTS THEY PROVIDE, INCLUDING OPERATORS OF EXTERNAL WEBSITES. AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES and or PRODUCTS RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF b-hilton.com PROPERTIES. YOU UNDERSTAND THAT b-hilton.com DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF b-hilton.com PROPERTIES.
5. User Content: EXCEPT FOR b-hilton.com OBLIGATIONS TO PROTECT YOUR PERSONAL DATA, WE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
6. No Liability for Content: THE PRODUCTS AND SERVICES CONTAINS OPINIONS AND VIEWS OF b-hilton.com AND ITS USERS. b-hilton.com DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE VERACITY, ACCURACY, OR EFFICACY OF ANY CONTENT POSTED BY US OR ANY OF ITS USERS THAT ARE MADE AVAILABLE THROUGH THE SERVICE.
7. Your Content - In certain areas of the Website, you may have the option to choose to upload content that will be publicly displayed. Please be thoughtful when choosing to do so since content available online is easily shared and captured. If you choose to share content on the Website, you warrant and represent that you are the content owner or are permitted to use the content in such a manner. You may not post any content to the Website that you do not own or are not allowed to use. b-hilton.com respects the intellectual property rights of others and expects you to do the same. Therefore, by submitting any content, you grant to b-hilton.com a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, create derivative works of, and publicly perform such content for any purpose related to the Website and the services provided through the Website. b-hilton.com may refuse to post any content for any reason. b-hilton.com may remove any content for any reason; even If b-hilton.com initially approved your content, b-hilton.com might remove it later if you choose to upload content to the Website. In that case, you agree to indemnify and hold b-hilton.com harmless from any liability, damages, or expenses whatsoever due, directly or indirectly, to any cause of action arising out of the content posted by you.
8. Emails: You may have the opportunity to provide your email address to b-hilton.com. Suppose you share your email address with b-hilton.com. In that case, we may email you about various subjects, such as updates to the Website or products, services, events, and programs. By providing your email address to b-hilton.com, you consent to receive emails from b-hilton.com. In addition, you will have the option to unsubscribe; please let us know at
contact@ b-hilton.com.
9. Third-Party Links: This Website could include links to websites not owned or operated by b-hilton.com. These links are provided as a convenience and do not constitute b-hilton.com's endorsement of the linked-to Websites or their owners. Please be aware when you leave the Website because b-hilton.com's Terms of Use and Privacy Policy will no longer apply to your activities. Third-party websites may have their Terms of Use and Privacy Policy, which b-hilton.com has no control over. b-hilton is not responsible or liable for the content of any third-party Website. We encourage you to check the privacy policies of third-party Websites before providing your information to them. The fact that we may link to a third-party Website or present a banner ad or other type of advertisement from a third party is not an endorsement, authorization, or representation of any affiliation by us with that third party, nor is it an endorsement of their privacy or information security policies or practices.
10. Third-Party Advertisers and Vendors: Third-party vendors may advertise, sell products or services, or host promotions on the Website. If you choose to purchase any product or service or enter any promotion, the terms of that purchase or promotion are between you and the third-party vendor. b-hilton.com does not make any representation or warranty about third-party products, services, or promotions available through the Website. b-hilton.com disclaims all liability for any losses or damages from any purchase or promotionoffered by a third-party vendor.
11. Third-Party Analytics: We may allow third parties to provide analytics services and serve advertisements on our behalf and others across the web and in mobile applications. These third parties may use cookies, web beacons, and other technologies to collect information about your use of our Website and other websites, including your IP address, web browser, mobile network information, pages viewed, time spent on pages, links clicked, and conversion information. These third parties may use this information and us to analyze and track data, determine the popularity of certain content, deliver advertising targeted to your interests on our WebSites, other Websites, and online services, and better understand your online activity. For more information about interest-based ads or to opt-out of having your web browsing information used in this way, please get in touch with us at contact@b-hilton.com, or visit our Website at b-hilton.com. We may also work with third parties to serve ads to you on our behalf or behalf of other advertisers on third-party platforms. As part of these ad campaigns, we or third-party platforms may convert information about you,
such as your email address and phone number,into a unique value that can be matched with a user account on these platforms to allow us and others to serve you advertising that is customized to your interests. Note that the third-party platforms may offer you choices (including the right to opt-out) about whether you see these personalized ads.
12. Your Conduct: b-hilton.com hopes this Website will promote and facilitate a meaningful exchange of information. To ensure a safe and civil environment, b-hilton.com expects you to conduct yourself in a respectful and law-abidingly when using the Website. Therefore, you may not use the Website:
Some jurisdictions do not permit the limitation or exclusion of certain liabilities, so the above limitations and exclusions may not apply to you.
13. Termination - You may stop using the Website at any time. b-hilton.com
may suspend or terminate the Website at any time at b-hilton.com's discretion and without notice. b-hilton.com may also terminate, limit or suspend your access to the Website for any reason at any time and without notice. For example, b-hilton.com may terminate your access to this Website if you are not complying with these Terms or if b-hilton.com determines that you are a repeat infringer of third-party intellectual property rights.
14. Digital Millennium Copyright Act ("DMCA" ): b-hilton.com respects the intellectual property rights of others and expects you to do the same. Per the DMCA, b-hilton.com will respond expeditiously to claims of copyright infringement on the Website. Upon receipt of a notice alleging copyright infringement, b-hilton.com will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials. If you believe that your intellectual property rights have been violated by
b-hilton.com or by a third party who has uploaded materials to the Website, please provide the following information to b-hilton.com's designated
Copyright Agent listed below at contact@b-hilton.com:
15. International Visitors: b-hilton.com operations are located in the United States, and its policies and procedures are based on United States law. Please be aware that information you provide to us or that we obtain as a result of your use of the Website, an Account, or any services provided by us will be processed and transferred to, and be subject to, the laws of the United States. The privacy and data protection laws in the United States will differ from similar laws in your country of residence. By using the Website or an Account or by providing us with your information, you consent to the collection, transfer, storage, and processing of data to and within the United States. Suppose our cookies or other software detects IP addresses in a country outside the United States. In that case, we reserve the right to deny access to our services. Additionally, suppose you are accessing the Website from a country embargoed by the United States. In that case, you agree to not engage in any commercial activities, including financial transactions, using or through the Website.
b-hilton.com Properties can be accessed from countries around the world.
They may contain references to services and content unavailable in your country. However, these references do not imply that b-hilton.com intends to announce such services or content in your country. b-hilton.com from the United States of America offers b-hilton.com properties. b-hilton.com makes no representations that b-hilton.com Properties are appropriate or available for use in other locations. Those who access or use b-hilton.com Properties from other countries do so of their own free will and are responsible for compliance with local law.
III. PRODUCT PURCHASE TERMS
1. Products: certain Products may be displayed on our Website for service and entertainment only. Certain Products may be available exclusively online through the Website. These Products may have limited quantities. We make every effort to display the colors and images of our products as accurately as possible of our Products that appear on the Website. However, we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right but are not obligated to limit the sales of our Products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any Product made on this Website is void where prohibited.
2. Hand-made Products: as such, there may be variations in size, colors, and thickness. Variations give each product a unique and meaningful look and are part of the story and branding. The Wholesale Buyer agrees that
b-hilton.com makes no warranty, express or implied, regarding the merchantability of products provided on the Website. The Wholesale Buyer also agrees that b-hilton.com is not liable for any misuse or misrepresentations of the goods by the manufacturer, Wholesale Buyer, or the final retail purchaser or consumer and indemnifies b-hilton.com for any legal actions that emanate or arise from such activities.
3. Pricing: b. Hilton.com reserves the right to determine the price of products sold through the Properties. Unless otherwise indicated, prices shown on the Properties are in US Dollars and are exclusive of taxes. Sales tax will only be charged on orders when applicable. While every effort is made to ensure that details on the Properties are accurate, we may, from time to time, discover an error in the pricing of Products. If we find an error in the pricing of a Product in your order, we will notify you as soon as possible. We will not be under any obligation to accept or fulfill an order for a Product advertised at an incorrect price and reserve the right to cancel such an order that has been taken or is in transit. If you order a Product that is priced incorrectly, we will email or telephone you to inform you that we have not accepted your order and that the relevant part of your order has been canceled. If you or your credit/debit card company have already paid for the product (s), we will refund the total amount as soon as reasonably practicable. If products are recalled in transit, we will process your refund once the Products have been returned to us. Suppose you are a customer with a credit/debit card not denominated in US Dollars. In that case, your final price may be calculated in accordance with the applicable exchange rate on the day your credit/debit card issuer processes the transaction.
4. Payments: we may change the amounts we charge for our Products, and such changes are effective when we post the change on the applicable purchase page of our Website. You agree to pay all charges at the amounts in effect when such charges incur. You must provide a valid credit or debit card (Visa, MasterCard, or any other accepted issuer) or other specified payment or financial mechanism ("Payment Provider") as a condition to make any payments. Your Payment Provider agreement governs your use of the designated credit or debit card or other mechanisms. You must refer to that agreement and not these Terms of Use to determine your rights and liabilities. You now consent to provide and authorize b-hilton.com and its service providers (any Payment Providers) to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with these Terms of Use, including personal, financial, credit card payment, and transaction information. By providing your payment and financial information, you agree that b-hilton.com, its service providers, and any third-party payment processors are authorized to charge your account for all applicable fees and charges immediately and that no additional notice or consent is required. b-hilton.com reserves the right to change its prices and billing methods at any time. All information that you provide must be accurate, current, and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S), PAYMENT MEANS, OR OTHER FINANCIAL INFORMATION THAT YOU PROVIDE.
5. Third-Party Providers: b-hilton.com uses third parties to fulfill its Product orders. By purchasing Products on b-hilton.com, you agree to be bound by those third parties' Terms of Use and Privacy Policies and hereby consent and authorize b-hilton.com to share any information and payment and shipping instructions you provide with such third-party service providers to the extent required to complete your transactions.
6. Taxes: If any Products or payments under these Terms of Use are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to b-hilton.com. In that case, you will be responsible for paying such Sales Tax and any related penalties or interest to the relevant tax authority.
In addition, you will indemnify b-hilton.com for any liability or expense we may incur in connection with such Sales Tax. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority or evidence that you have paid all applicable taxes. For purposes of this section, "Sales Tax" will mean any sales or use tax and any other tax measured by sales proceeds,
that b-hilton.com is permitted to pass on to its customers that are the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
7. Orders: we reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, household, or order at our sole discretion. These restrictions may include orders placed by or under the same customer account, same credit card, and orders that use the same billing or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email or billing address/phone number provided when the order was made. In addition, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
8. Cancellations: b-hilton.com reserves the right to cancel or reverse any payment, even if it has been previously confirmed by b-hilton.com, as a result of any mistake or error, including any incorrect pricing, description error, or other error. Although it is unlikely that b-hilton.com would refuse to accept an order, b-hilton.com reserves the right to deny any order for any reason, including where the following situations arise: insufficient information or errors in billing, payment, or shipping information; orders that cannot be processed due to erroneous information that you have provided, which includes, but is not limited to incorrect credit card or debit card number, expiration date, security value, or other incorrect information regarding payment types; suspected fraudulent information; or unavailability of merchandise due to discontinuance or otherwise. If any Product is discontinued or unavailable before delivery, b-hilton.com reserves the right to cancel your order and provide you a refund for the amount paid for the product. If this occurs, b-hilton.com will attempt to contact you so that you know the situation.
9. Transfer of Risk and Title: the risk of loss of the product passes to you on our delivery of the product to the carrier, and you are responsible for any loss or damage to the product from that point. You agree that claims against a carrier for damage during shipping are your responsibility.
10. Refund Policy: all sales are final. b-hilton.com does not accept returns, exchanges, or refunds. b-hilton.com reserves the right to refuse all returns.
11. Price Adjustments: if we (or a selected competitor) mark down the price of an item you've already purchased, we do not offer price matches or sale adjustments.
12. Changes to the agreement: b-hilton.com reserves the right to change the terms of this agreement as necessary. Prices are subject to change without notice.
13. Indemnification: you agree to indemnify and hold
b-hilton.com, its parents, subsidiaries, affiliates, officers,
employees, agents, partners, and licensors (collectively,
the "b.hilton Resort Living LLC") harmless from any losses,
costs, liabilities, and expenses (including reasonable
attorneys' fees) relating to or arising out of: (a) any content
you may post; (b) your use of, or inability to use, b-hilton.com Properties;
(c) your violation of the Terms; (d) your violation of any rights
of another party, including any Users; or (e) your violation of
any applicable laws, rules or regulations. b-hilton.com reserves the right,
at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with b-hilton.com in asserting any available defenses. This provision does not require you to indemnify b-hilton.com Parties for any unconscionable commercial practice by such party or such party's fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your account, the Terms, or your access to b-hilton.com Properties.
IV. PRIVACY POLICY AND SECURITY
You are in control of your privacy.
1. Data Security: You are responsible for maintaining the confidentiality of your account and password and restricting access to your device. You agree to accept responsibility for any activities under your account or password. You also agree to notify us immediately of unauthorized use of your account, password, or other security breaches.
2. International Visitors: b-hilton.com operations are located in the United States, and its policies and procedures are based on United States law. Please be aware that information you provide to us or that we obtain as a result of your use of the Website, an Account, or any services provided by us will be processed and transferred to, and be subject to, the laws of the United States. The privacy and data protection laws in the United States will differ from similar laws in your country of residence. By using the Website or an Account or by providing us with your information, you consent to the collection, transfer, storage, and processing of data to and within the United States. b-hilton.com from the United States of America offers b-hilton.com properties, products, and services. b-hilton.com makes no representations that b-hilton.com Properties, products, or services are appropriate or available for use in other locations. Those who access or use b-hilton.com Properties from other countries do so of their own free will and are responsible for compliance with local law.
3. No Information Collected from Children: If you are a guardian and believe your child has uploaded personal information to our Website without your consent, you may contact us at contact@b-hilton.com. Suppose we become aware that a child has provided us with personal information violating applicable law. In that case, we will delete any personal information we have collected unless we have a legal obligation to keep it.
4. How We Collect your Information:
We collect the personal information you provide directly to us, for example, when you request to receive emails or newsletters or purchase products or services from us. The types of information we may collect include:
5. Information We Collect Automatically:
When you access or use the Website, the types of information we may automatically collect about you include:
6. Information We Collect from Third Parties
We may receive information that third parties provide us, including information about you. For example, we may collect information about you when you post content to our pages or feeds on third-party social media Websites. This Privacy Policy does not apply to information collected through or by any third party. Therefore, you should review their privacy policies if you have any questions about such third parties privacy practices.
7. How does b-hilton.com use COLLECTED INFORMATION?
We may use your information for various purposes related to our operations and your use of the Website. For example, we may use your information to:
7. Whom does b-hilton.com SHARE INFORMATION WITH?
We may share information about you as follows or as otherwise described in this Privacy Policy:
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V. ARBITRATION
This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this agreement.
1. Dispute Resolution: Please read this section's arbitration agreement ("Arbitration Agreement"). It requires you to arbitrate disputes with b.hilton Resort Living LLC (b-hilton.com) and limits how you can seek relief from us.
2. Applicability of Arbitration Agreement: You agree that any dispute or claim relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with
b-hilton.com will be resolved by binding arbitration rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or b-hilton.com may seek equitable relief in court for infringement or other misuses of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
3. Waiver of Jury Trial: YOU AND b-hilton.com HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and b-hilton.com are electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 2.1 2.2 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
4. Waiver of Class or Other Non-Individualized Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CAN NOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
5. Opting Out: If you want to be removed from our marketing list and do not want us to send you emails, postal mail, or other messages about our products and services, you can opt-out. To do so, please email contact@b-hilton.com
with the word "REMOVE" in the subject line. California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of such residents' personal information to third parties for such third parties' direct marketing purposes.
To make such a request, please email us at contact@b-hilton.com.
Your notice must include the following:
6. Severability: suppose any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable. In that case, such specific parts shall be of no force and effect and shall be severed. The remainder of the Arbitration Agreement shall continue in full force and effect.
7. Survival of Agreement: this Arbitration Agreement will survive the termination of your relationship with b-hilton.com.
8. Modification: Notwithstanding any provision in this agreement to the contrary, we agree that if b-hilton.com makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing b-hilton.com at the following email address contact@b-hilton.com.
9. Terms of Use and Privacy Policy Updates: we reserve the right to change this Terms of Use and Privacy Policy at any time, so please review it regularly. Any changes to this Terms of Use and Privacy Policy will be posted here, and we will notify you of any material changes. The date stamp at the top of the page represents the last day this Privacy Policy was updated. If you have questions about this Privacy Policy, contact us at contact@b-hilton.com or b-hilton.com. By maintaining an account with us or by using or accessing any services provided by us or the Website, you will be deemed to have acknowledged our Privacy Policy.
10. Miscellaneous: b-hilton.com's or your failure to exercise any right provided for in these Terms shall not constitute a waiver of any rights under these Terms. If any provision of these Terms is found to be unenforceable, such unenforceability will not affect the validity of the remaining provisions. You may not assign any of your rights under these Terms. b-hilton.com may assign its rights under these Terms in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of these Terms.
11. Governing Law: these Terms of Use and Privacy Policy are governed by the laws of the State of Florida, without reference to conflicts of laws. Regardless of your location, any disputes that arise under these Terms will be litigated before a court in orange county, Florida, USA.
12. Entire Agreement: the Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website. They may not be contradicted by evidence of any prior or contemporaneous oral or written agreement. These Terms create no third-party beneficiary rights.
Copyright © 2022 b-hilton - All Rights Reserved.
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