TERMS OF SERVICE
The Terms of Service (“Agreement”) are entered into by and between you (acting in your capacity as an
employee or other representative of your company or other entity, if applicable) (“you”) and Hit
Promotional Products, Inc a Florida company having its registered address at 7150 Bryan Dairy Rd.,
Largo FL 33777 (“Company”, “we” or “us”). This Agreement, together with any documents they
expressly incorporate by reference (collectively, this “Agreement”), govern your access to and use of our
website, including any content, functionality, and services on or provided in connection with our
website, available at www.hitpromo.net (the “Website”).
- Acceptance of Terms: By accessing or using our website or by clicking to accept or agree to this
Agreement, you accept and agree to be bound by this Agreement and all applicable laws and
regulations. If you do not agree with any part of this Agreement, you must not access or use our
website. You acknowledge that this Agreement contains legally binding terms and conditions
that affect your legal rights and remedies.
- Description of Service: Our website provides promotional products and services. The services
are subject to change at any time without prior notice.
- User Responsibilities
- Age Requirement: You must be at least 18 years old to access or use our website.
- Account Creation: To access the Website, you may be asked to provide certain registration
details or other information. It is a condition of your use of the Website that all the information
you provide on or in connection with the Website is correct, current, and complete. You hereby
respect to all information you provide to or in connection with the Website, including through
the use of any interactive features on the Website (collectively, “User Submissions”). We may
disable any username, password, or other identifier at any time, in our sole discretion for any or
no reason, including if, in our opinion, you have violated any provision of this Agreement. You
are responsible for maintaining the confidentiality of your account information and are fully
responsible for all activities that occur under your account. Any User Submissions must not
violate any laws or infringe upon the rights of third parties.
- Prohibited Conduct: You agree not to:
- Violate any applicable laws or regulations.
- Infringe upon the intellectual property rights of others.
- Transmit any viruses, worms, or any other malicious code.
- Engage in any activity that disrupts, interferes, overburdens, damages, or impairs the
functioning of our website.
- Collect or store personal information about other users without their consent.
- Engage in any fraudulent or deceptive activities.
- Use any robot, spider, or other automatic device, process, or means to access the
Website for any purpose, including monitoring or copying any of the material on the
- Access systems, data or information not intended by us to be made accessible to a user.
- Use the Website for any use other than the purpose for which it was intended.
- Intellectual Property: The Website (including all information, software, text, displays, images,
video, and audio, and the design, selection, and arrangement of those things), and associated
know-how, are owned by Company, its licensors, or other providers and are protected by United
States and international copyright, trademark, patent, trade secret, and other intellectual
property or proprietary rights laws (“Website IP”). The Company retains all right, title, and
interest in and to the Website IP. This Agreement contains no implied licenses.
- Accessing the Website. We reserve the right to withdraw or amend the Website in our sole
discretion without notice. We will not be liable if for any reason all or any part of the Website is
unavailable at any time. From time to time, we may restrict access to the Website to certain
- Use of Information Provided by You. You acknowledge, represent and agree that any User
Submission is submitted voluntarily and is not confidential or proprietary, and that your User
Submission does not establish a relationship between you and us except as set forth in this
Agreement. You hereby grant the Company and its sublicensees a worldwide, royalty-free, nonexclusive,
transferable, perpetual and irrevocable license to use, distribute, transmit, reproduce,
modify, publish, translate, publicly perform and display and create derivative works of your User
Submissions, except as otherwise prohibited by applicable law or this Agreement. You waive any
right to compensation of any type for your User Submissions, except as otherwise provided in
this Agreement. You represent and warrant that you either own all User Submissions or
otherwise have all the rights necessary to grant the rights in this Agreement and that use of User
Submissions by us does not violate any law. You may not upload to, distribute, or otherwise
publish through or in connection with the Website any content that is libelous, defamatory,
obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise
objectionable, or that may constitute or encourage a criminal offense, violate the rights of any
party or that may otherwise give rise to liability or violate any law.
- Permitted Uses. You represent and warrant that (1) you are at least 18 years of age; and (2) you
have full power and authority to enter into this Agreement; and (3) you will not access the
Website if you have previously been prohibited from doing so or if any laws prohibit you from
doing so. We do not intend for the Website to be used by persons or entities in countries or
jurisdictions that require us to obtain a registration or license. If you are in such a country or
jurisdiction, you are not authorized to and agree that you will not use the Website. You may use
the Website only for lawful purposes and in accordance with this Agreement.
- Reliance on Information Posted. We do not warrant the accuracy, completeness, or usefulness
of any information presented on or through the Website. Any reliance you place on such
information is strictly at your own risk. We disclaim all liability and responsibility arising from
any reliance placed on such materials by you or any other visitor to the Website, or by anyone
who may be informed of any of its contents. Nothing on this Website constitutes (a) advice or a
recommendation of any kind (legal, financial or otherwise), or (b) an indication of results that
may be achieved. The content on this Website is updated frequently, including based on
interaction with users of the Website, but the Website’s content is not necessarily complete or
up to date. Any of the material on the Website may be out of date at any given time, and we are
under no obligation to update such material.
- Third Party Components. If the Website contains links to other sites or resources provided by
third parties, or otherwise integrates such third-party resources (collectively, “Third Party
Components”), these Third-Party Components are provided for your convenience only. We have
no control over the contents of the Third-Party Components, and WE ACCEPT NO
RESPONSIBILITY FOR THE THIRD-PARTY COMPONENTS OR FOR ANY LOSS OR DAMAGE THAT
MAY ARISE FROM YOUR USE OF THE THIRD-PARTY COMPONENTS. If you access any such ThirdParty Components, you do so
entirely at your own risk and subject to the terms and conditions
of use for such Third-Party Components. In addition, we may require you to review and agree to
additional terms and disclosures as a condition to using or accessing certain Third-Party
- Disclaimer of Warranties. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED
WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE
WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE
ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE WILL BE
ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED,
THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS
OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND
FITNESS FOR PARTICULAR PURPOSE.
- Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE
COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, OR DIRECTORS (COLLECTIVELY “COMPANY PARTIES”) BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES RELATED TO THIS
AGREEMENT OR YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT,
OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING PERSONAL INJURY,
PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF
BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND
WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE,
EVEN IF FORESEEABLE. THE AGGREGATE LIABILITY OF THE COMPANY PARTIES TO YOU FOR ALL
CLAIMS AND DAMAGES RELATED TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE
WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES ON OR PROVIDED IN
CONNECTION WITH THE WEBSITE OR SUCH OTHER WEBSITES WILL NOT EXCEED $100 U.S.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH DAMAGES OR
LIABILITY. NOTHING IN THIS SECTION 12 WILL BE INTERPRETED AS EXCLUDING LIABILITY THAT
CANNOT UNDER APPLICABLE LAW BE EXCLUDED.
- Indemnification: You agree to indemnify and hold us harmless from any claims, liabilities,
damages, losses, costs, or expenses (including legal fees) arising out of or in connection with any
third party claims alleging: (a) your violation of this Agreement, (b) your use of the Website, (c)
any User Submission made by you, including with respect to violations of any other party’s
rights, such as intellectual property or other proprietary rights, and laws related to privacy or
information security; or (d) your violation of any other party’s rights or applicable law. your use
of our website or any violation of this Agreement.
- YOU WILL SUBMIT ANY DISPUTES ARISING FROM THIS AGREEMENT OR THE WEBSITE,
INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION,
INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION
UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING
FLORIDA LAW. THE SEAT OR LEGAL PLACE OF ARBITRATION WILL BE IN LARGO FLORIDA. YOU
AGREE TO ARBITRATE IN YOUR INDIVIDUAL CAPACITY ONLY – NOT AS A REPRESENTATIVE OR
MEMBER OF A CLASS – AND YOU EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR
SEEK RELIEF ON A CLASS ACTION BASIS. FURTHERMORE, UNLESS YOU AND COMPANY AGREE IN
WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND
MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OF CLASS PROCEEDING.
ALL ARBITRATION PROCEEDINGS ARE CONFIDENTIAL. ARBITRATION ORDERS AND AWARDS
REQUIRED TO BE FILED WITH APPLICABLE COURTS OF COMPETENT JURISDICTION ARE NOT
CONFIDENTIAL AND MAY BE DISCLOSED BY THE PARTIES TO SUCH COURTS. A PARTY WHO
IMPROPERLY DISCLOSES CONFIDENTIAL INFORMATION WILL BE SUBJECT TO SANCTIONS. THE
ARBITRATOR AND FORUM MAY DISCLOSE CASE FILINGS, CASE DISPOSITIONS, AND OTHER CASE
INFORMATION AS REQUIRED BY A COURT ORDER OF PROPER JURISDICTION.
- Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING
OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN
ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR
CLAIM IS PERMANENTLY BARRED.
- Modifications to Terms: We reserve the right to modify or update this Agreement at any time
without prior notice. We may give notice by posting the updated Agreement on the Website or
by any other reasonable means. You can review the most current version of this Agreement at
any time on the Terms of Service tab on our website. The version of the Agreement in effect at
the time of your use of the Website applies. The updated Agreement is binding on you with
respect to your use of the Website on or after the date indicated in the updated Agreement. If
you do not agree to the updated Agreement, you must stop using the Website. Your continued
use of the Website after the date of the updated Agreement will constitute your acceptance of
the updated Agreement. Your continued use of our website after any modifications indicates
your acceptance of the modified terms.
- Termination: We may, in our sole discretion, terminate or suspend your access to our website
without prior notice and for any reason, including but not limited to your violation of this
- Governing Law and Jurisdiction: This Agreement shall be governed by and construed in
accordance with the laws of Florida.
- Our Company follows a Customer Data Retention Policy that is compliant with SOC 2 standards
and is committed to protecting the privacy of customer data. Personally Identifiable Information
(PII) such as customer account information and order details are retained for the duration of the
customer’s active account or for a specific period after account termination. Non-Personally
Identifiable Information (Non-PII), including aggregated usage statistics and anonymous
customer data, is retained for a defined period for analysis and research purposes. At the end of
the retention periods, HIT Promotional Products securely deletes or anonymizes customer data.
Exceptions may apply for legal or compliance reasons. HIT Promotional Products maintains
robust data security measures and periodically reviews and updates the policy to ensure
compliance. For more information on how customer data is collected, used, and protected,
If you have any concerns about material which appears on our site, please contact us here:
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