Welcome to www.hkico.shop (the "Site"), owned and operated by HKI COMPANY LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Site and any professional services ("Services") offered by the Company. By accessing the Site or engaging our Services, you agree to be bound by these Terms. If you do not agree, you must immediately cease use.
You may use the Site for lawful purposes only. You agree not to:
We reserve the right to suspend or terminate access for violations without notice.
Professional Services are governed by separate Statements of Work ("SOW") or Master Service Agreements ("MSA") executed between the Company and the Client. In the event of a conflict, the executed SOW or MSA shall prevail over these Terms with respect to Services. These Terms continue to govern general Site use.
Any quote, proposal, or estimate provided through the Site or by email is non-binding until confirmed by a signed agreement. Pricing is valid for the period stated in the proposal or, if unspecified, for thirty (30) days. All fees are quoted in U.S. Dollars unless otherwise agreed in writing.
Unless otherwise specified in the SOW:
All content on the Site, including text, graphics, logos, and code, is the property of HKI COMPANY LLC or its licensors and is protected by United States and international copyright and trademark laws.
With respect to Deliverables created under a paid engagement:
Both parties agree to protect any confidential information disclosed during the course of an engagement. Confidential information includes business plans, technical specifications, source code, customer data, and pricing. Obligations survive termination of the engagement for a period of five (5) years, except for trade secrets, which remain protected indefinitely.
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, HKI COMPANY LLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HKI COMPANY LLC, ITS DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
You agree to indemnify, defend, and hold harmless HKI COMPANY LLC and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of your use of the Site, your violation of these Terms, or your infringement of any third-party rights.
These Terms remain in effect until terminated. We may terminate or suspend your access immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, all provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms shall first be addressed through good-faith negotiation. If unresolved within sixty (60) days, disputes shall be submitted to binding arbitration in Boston, Massachusetts, under the rules of the American Arbitration Association.
Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, epidemics, government actions, or failures of third-party suppliers or utilities.
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.
No waiver of any provision of these Terms shall be effective unless in writing and signed by the party against whom enforcement is sought. Failure to enforce any right shall not constitute a waiver of future enforcement.
These Terms, together with any applicable SOW or MSA, constitute the entire agreement between you and HKI COMPANY LLC regarding the subject matter herein and supersede all prior or contemporaneous agreements, understandings, or representations, whether oral or written.
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms freely in connection with a merger, acquisition, or sale of assets. Any attempted assignment in violation of this section shall be void.
We reserve the right to modify these Terms at any time. Material changes will be posted on this page with an updated "Last Updated" date. Continued use of the Site after changes constitutes acceptance of the revised Terms.
For questions about these Terms, please contact us: