Terms of Use - Hiniker

Last Updated on [6/9/2023]

Hiniker Company and its related entities and their affiliates (“Hiniker”, “we”, “us”, and “our”) oversees this website (the “Site”). Please read these terms of use (“Terms”) carefully. By accessing or viewing this Site or using any service offered on this Site (collectively, the “Services”) you hereby agree to these Terms.

By accessing or using this Site in any manner, you agree to be bound by these Terms. Please read these Terms carefully. If you do not accept these Terms, you may not use this Site.

You understand that we may discontinue or change this Site, including these Terms, at any time, without notice. Changes will not apply retroactively, but your continued use of this Site following any such changes constitutes acceptance of such changes. If you do not agree to the modified Terms, you should discontinue your use of this Site.

Use of the Site

Hiniker invites you to view, use and download a single copy of this Site for your informational, non-commercial use. Except as otherwise provided on this page, no part of any content on this Site may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the expressed written permission of Hiniker.

As a condition of your use of this Site, you warrant that (i) all information supplied by you on this Site is true, accurate, current, and complete, (ii) if you have a registered account (“Registered User”), you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, and (iii) you are 18 years of age or older. Hiniker does not knowingly collect the information of anyone under the age of 18. We retain the right, at our sole discretion, to deny access to anyone to this Site and the content we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.

Prohibited Activities

The content and information on this Site is proprietary to us, except as expressly provided in these Terms. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any such content or information obtained from or through this Site.

Additionally, you agree not to:

use this Site or its contents for any commercial purpose without our express written permission;
access, monitor, or copy any content or information of this Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
deep-link to any portion of this Site for any purpose without our express written permission;
“frame”, “mirror”, or otherwise incorporate any part of this Site into any other website or mobile application without our prior written authorization;
attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Riverbend in connection with this Site or the content we provide; or
log in using an alias that masks your true identity.

Privacy Policy

We believe in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of this Site, to understand our practices.

License and Consent to Use Submissions

You may have the ability to submit user-created content to this Site, which may include information, data, photographs, videos, written posts and other materials (“Content”). You agree that any such submissions by you are at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting from such Content. Please be aware that by submitting Content to this Site you grant Riverbend and its affiliates a nonexclusive, royalty-free, perpetual (except as expressly provided in our Privacy Policy, transferable, irrevocable (except as expressly provided in our Privacy Policy, and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; and (b) use the name and other personal information, including your likeness, that you submit in connection with such Content. You acknowledge that we will only provide direct attribution of your Content with your permission or in order to cooperate with legitimate governmental requests, subpoenas, or court orders. You acknowledge and agree that no Content will include confidential or proprietary information of a third party or information that you otherwise are not allowed to disclose to the public. You acknowledge and agree that your Content, your name, and, if you include a photo in your profile or submit a video review, your likeness, and any other personal characteristics or private information you include with your Content, may be used by us, our affiliates, and our sublicensees through other websites (including advertising on such sites as described below), social media sites (including advertising on such sites as described below), platforms, mobile apps, and/or other marketing materials, such as slide decks or case studies, all as further described in our Privacy Policy. Riverbend takes no responsibility and assumes no liability for any content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is Riverbend liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter.

By submitting Content, you expressly agree not to post, link, upload to, transmit, distribute, store, create, or otherwise publish through this Site any of the following:

Any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law;
Content that may infringe or misappropriate any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
Private information of any third party, including, without limitation, surname (family name), addresses, phone numbers, email addresses, Social Security numbers, financial information, and credit card numbers;
Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
Content or links to content that, in the sole judgment of Riverbend, (i) violates the previous subsections herein, (ii) is objectionable, (iii) restricts or inhibits any other person from using or enjoying this Site, or (iv) may expose Riverbend or its affiliates or its or their users and/or sublicensees to any harm or liability of any type.

Liability Disclaimer

ALL CONTENT ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RIVERBEND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THIS SITE AND THE CONTENT AVAILABLE ON THIS SITE IS AT YOUR SOLE RISK. RIVERBEND MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS SITE IS FREE OF VIRUSES.

IN NO EVENT SHALL RIVERBEND (NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY ON, OR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THIS SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS SITE; ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, AND/OR SERVICES OBTAINED OR ACCESSED THROUGH THIS SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THIS SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF RIVERBEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Hiniker.

Indemnification

You agree to defend and indemnify Hiniker and its affiliates and licensees and any of its or their officers, directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, liabilities, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

your breach of these Terms or the documents referenced herein;
your violation of any law or the rights of a third party; or
your use of this Site.

Links to Third-Party Sites

This Site may contain hyperlinks to websites or platforms operated by parties other than Riverbend. Such hyperlinks are provided for your reference only. We do not control such websites or platforms and are not responsible for their content or the privacy or other practices of such websites or platforms. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other websites or platforms) is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites or platforms does not imply any endorsement of the material on such websites or platforms or any association with their operators. In some cases, you may be asked by a third-party site, platform, or mobile application to link your profile on this Site to a profile on that third-party site, platform or mobile application. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third-party site, platform, or mobile application) at any time.

Software and Licensed Materials Available On This Site

This Site is controlled and operated by Hiniker from its offices in the United States. Software used in the operation of this Site (“Software”) is subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Any Software or reports, additional licensed content, sponsored content, research reports, and/or review data (individually and collectively, “Licensed Materials”) that is made available through this Site or otherwise from Riverbend is the copyrighted and proprietary work of Riverbend, or our affiliates, or other third parties as identified. Your use of all Licensed Materials shall be subject to these Terms.

Copyright and Trademark Notices

All contents of this Site are: © Copyright 2023 Hiniker Company. All Rights Reserved. Hiniker is not responsible for content on websites, platforms, or mobile applications operated by parties other than Hiniker. Hiniker, its logo, and, except as noted below, all other product or service names, logos, or slogans displayed on this Site are registered and/or common law trademarks of Riverbend or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission or the applicable trademark holder. In addition, the look and feel of this Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Riverbend and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, product names, and company names or logos mentioned in or on this Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Hiniker.

Other logos and product and company names mentioned herein may be the trademarks of their respective owners.

If you are aware of an infringement of either your brand or our brand, please let us know by emailing us at privacy@hiniker.com.

General

This Site is operated by a U.S. entity, and these Terms are governed by the laws of the State of Minnesota, USA. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts in Mankato, Minnesota, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Site, except as otherwise expressly provided in our Privacy Policy. You agree that all claims you may have against Hiniker arising from or relating to this Site must be heard and resolved in a court of competent subject matter jurisdiction located in the State of Minnesota, except as otherwise expressly provided in our Privacy Policy. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

You agree that no joint venture, agency, partnership, or employment relationship exists between you and Hiniker and/or affiliates as a result of these Terms or use of this Site.

Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Site or information provided to, or gathered by, us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these Terms shall continue in effect.

These Terms (and any other terms, policies, guidelines, or agreements referenced herein) constitute the entire agreement between you and Riverbend with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Riverbend with respect to this Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Site are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.

UnitedHealthcare creates and publishes the Machine-Readable Files on behalf of Riverbend Industries Inc.

Service Help

For answers to your questions or ways to contact us, email us at privacy@hiniker.com, or, you can write to us at:

Hiniker Company
58766 240th Street
Mankato, MN 56001